BRITS Act

This bill amends the Arms Export Control Act to support the United Kingdom and the AUKUS partnership by creating exceptions to export licensing requirements for defense articles and services, modifying penalties, and setting an effective date.

Sec. 2, Exceptions for the United Kingdom relating to licensing of defense articles and defense services for export under the Arms Export Control Act: This section adds a new exception for the United Kingdom from the requirement to conclude a bilateral agreement for export exemptions issued in connection with the AUKUS partnership announced on September 21, 2021. It also exempts exports and transfers of defense articles or services between the United States, Australia, and the United Kingdom from licensing or other approval requirements, subject to Congress not enacting a joint resolution of disapproval. Certain certification requirements are made inapplicable to transfers to the United Kingdom, but the President must submit semiannual reports on such transfers. Any U.S. person transferring a defense item between these countries that would have required a license but for this exemption must report the transfer to the Secretary within 90 days. It also modifies the exception for defense trade cooperation treaties by updating its heading and removing a clause.

Sec. 3, Modifications of civil and criminal penalties under sections 38 and 39 of the Arms Export Control Act: This section increases the maximum civil penalty from $1,000,000 to $5,000,000 and the maximum criminal penalty from 20 years to 25 years for violations under section 38 of the Arms Export Control Act.

Sec. 4, Effective date: The amendments made by sections 2 and 3 take effect 180 days after the date of enactment of this Act.