Law360 Quotes Kevin Wolf on Obstacles Facing US-Australian Submarine Pact

For its article “Practicalities Loom Larger Than Policy For Aussie Sub Deal,” Law360 quoted Akin Gump international trade partner Kevin Wolf. The article looks at obstacles in the way of a U.S.-Australian pact to supply Australia with nuclear submarine technology.

Wolf, a former Assistant Secretary of Commerce for Export Administration, Bureau of Industry and Security, said that, if the Defense Department declares exports related to AUKUS, the trilateral defense pact among Australia, the U.K. and the U.S., to be in the U.S.’s interest and issues a formal request to that end, existing authorities would allow the departments of State and Commerce to create related export licensing exemptions.

On the topic of export control barriers, he said that a very straightforward and sweeping way to remove export control barriers is to modify slightly existing law, thereby extending to Australia and the U.K. an exemption from defense export licensing requirements that applies to Canada.

Wolf said that this would clear the way for AUKUS to proceed and also to facilitate broader arms trade with those countries, given that potential defense deals and cooperation are frustrated by current international policy.

He added, “The key to success on the defense trade side is simplicity, because right now there are these two treaties that are so complicated that nobody can really use them. [That] discourages, from my experience, a lot of joint development and cooperation among the countries, because of fear of the ITAR [International Traffic in Arms Regulations].”