Committees on Arms ExportsLetter from the Chair of the Committees to the Rt Hon William Hague MP, First Secretary of State and Secretary of State for Foreign and Commonwealth Affairs, Foreign and Commonwealth Office

I attach this letter of 29 June that I have received from Caroline Lucas in my capacity as Chair of the Committees on Arms Export Controls. As you will see, Caroline Lucas’ letter has already been copied to you and the other three Secretaries of State concerned.

Notwithstanding what is said in the second paragraph of Caroline Lucas’ letter about the movement and transfer of defence export equipment and information between the UK and US without export licences and about the Official Secrets Act, I trust you will be able to assure me unequivocally that the US-UK Defence Trade Cooperation Treaty will not result in any reduction in the current disclosures both on the BIS and FCO websites and to the Committees on Arms Export Controls relating to exports of controlled goods from the UK to the US.

In your reply, please could you also respond to each of the three bullet points in the third paragraph of Caroline Lucas’ letter.

21 July 2011

Annex

Letter to the Chair of the Committees from Caroline Lucas MP

I am writing following a constituent’s enquiry about the US-UK Defence Trade Cooperation Treaty, which was recently ratified by the US Congress. As you will know, the Defence Trade Cooperation Treaty was negotiated to facilitate cooperation between the UK and US Governments by removing the need for US export licences for less sensitive categories of technology, destined for UK or US Government end-use only.

The Treaty is described by the Department for Business, Innovation and Skills as representing a significant change to how UK/US defence exports are managed allowing as it does the movement and transfer of equipment and information between pre-approved US and UK government agencies and contractors without International Traffic in Arms Regulations export licenses. As the BIS departmental notice to exporters (2010/30) goes on to say, the quid pro quo for the removal of the need for export licences is that while Treaty material is in the UK it will be protected under the Official Secrets Act.

I should, therefore like to know what oversight the Parliamentary Committee on Arms Export Controls will have of these new arrangements, including whether the committee will seek, or be provided with information regarding:

The import and export of defence articles between the approved communities in the US and the UK.

Any onward movement of articles originally traded under the cooperation treaty to entities outside of the approved communities covered by the cooperation treaty (including, for example, in order to provide for modification or maintenance of such articles).

Further such information as is required to provide full oversight of the cooperation treaty.

I look forward to your response.

29 June 2011