Ricketts, Kaine Introduce Bill to Bolster AUKUS Cooperation

WASHINGTON, D.C. - This week, U.S. Senators Pete Ricketts (R-NE) and Tim Kaine (D-VA), senior members of the Senate Foreign Relations Committee, introduced the Unlocking Next-Generation Licensing and Opportunities for Collaborative Know-how for AUKUS (UNLOCK AUKUS) Act. The UNLOCK AUKUS Act would enable technologies that are currently controlled under the Missile Technology Control Regime (MTCR) to be eligible for transfer under the AUKUS license-free environment. This would enhance collaboration between AUKUS partners on advanced systems such as guided weapons, collaborative combat aircraft, hypersonics, and other AUKUS Pillar II projects.

"The United States, Australia, and the United Kingdom face the most challenging threat environment since WWII. As we approach the 5^th anniversary of AUKUS, we need to cut through any remaining red tape to streamline defense collaboration," said Senator Ricketts. "The UNLOCK AUKUS Act would accelerate collaboration, innovation, and fielding of the advanced military capabilities needed by AUKUS partners to maintain our collective, technological edge."

"The AUKUS partnership is critical to ensuring a free and open Indo-Pacific and deterring an increasingly emboldened China," said Senator Kaine. "I'm proud to partner with Senator Ricketts in introducing this bipartisan legislation to bolster the partnership by streamlining the transfer of key technologies to improve our joint capabilities."

The UNLOCK AUKUS Act would:

• Enable eligible MTCR- related items that are not registered on the Excluded Technology List (ETL) or Government-to-Government List to benefit from the AUKUS license-free environment.
• Establish a secure, predictable pathway for the transfer of goods and technology controlled by the MTCR for AUKUS partners within the trusted community of AUKUS Authorized Users.
• Maintain full compliance with non-proliferation commitments under the MTCR.

BACKGROUND.

The license-free environment established under AUKUS has enabled more than a thousand companies to engage in deeper industrial cooperation, and supported faster, lower-cost collaboration. It has facilitated the export and transfer of most military and dual-use goods, technologies, and services across industry, academia, and research sectors without requiring permits or licences.

The Missile Technology Control Regime (MTCR) was signed in 1987 and is a non-binding political arrangement designed to curtail exports and proliferation of ballistic missiles and Weapons of Mass Destruction (WMD) delivery vehicles. It is composed of 35 nations, including Russia. MTCR-controlled items account for the majority of the remaining technologies that still require an export license between AUKUS partners. Their inclusion on the International Traffic in Arms (ITAR) Excluded Technology List (ETL), as legislated under the Arms Export Control Act, makes them ineligible for transfer under the AUKUS license-free environment.

Removing the statutory requirement for MTCR items to be included on the ETL would deliver on congressional intent, and increase defense-eligible goods and technology transfer from 70% to closer to 95%. This would enhance collaboration on:

• Guided weapons and explosive ordnance, such as the Precision Strike Missile (PrSM);
• Autonomous and uncrewed systems;
• Hypersonic technologies;
• Other capabilities supporting AUKUS Pillar I and Pillar II objectives.

Text of the bill is available here.