124 STAT. 2799 PUBLIC LAW 111–266—OCT. 8, 2010 regulations, or other commitments would prevent Australia from enforcing the control measures specified in such treaty.’’. SEC. 103. ENFORCEMENT. (a) CRIMINAL VIOLATIONS.—Section 38(c) of such Act (22 U.S.C. 2778(c)) is amended by striking ‘‘this section or section 39, or any rule or regulation issued under either section’’ and inserting ‘‘this section, section 39, a treaty referred to in subsection (j)(1)(C)(i), or any rule or regulation issued under this section or section 39, including any rule or regulation issued to implement or enforce a treaty referred to in subsection (j)(1)(C)(i) or an implementing arrangement pursuant to such treaty’’. (b) ENFORCEMENT POWERS OF PRESIDENT.—Section 38(e) of such Act (22 U.S.C. 2278(e)) is amended by striking ‘‘defense services,’’ and inserting ‘‘defense services, including defense articles and defense services exported or imported pursuant to a treaty referred to in subsection (j)(1)(C)(i),’’. (c) NOTIFICATION REGARDING EXEMPTIONS FROM LICENSING REQUIREMENTS.—Section 38(f) of such Act (22 U.S.C. 2778(f)) is amended by adding at the end the following new paragraph: ‘‘(4) Paragraph (2) shall not apply with respect to an exemp- tion under subsection (j)(1) to give effect to a treaty referred to in subsection (j)(1)(C)(i) (and any implementing arrange- ments to such treaty), provided that the President promulgates regulations to implement and enforce such treaty under this section and section 39.’’. (d) INCENTIVE PAYMENTS.—Section 39A(a) of such Act (22 U.S.C. 2779a(a)) is amended by inserting ‘‘or exported pursuant to a treaty referred to in section 38(j)(1)(C)(i) of this Act’’ after ‘‘under this Act’’. SEC. 104. CONGRESSIONAL NOTIFICATION. (a) RETRANSFERS AND REEXPORTS.—Section 3(d)(3)(A) of such Act (22 U.S.C. 2753(d)(3)(A)) is amended by inserting ‘‘or has been exempted from the licensing requirements of this Act pursuant to a treaty referred to in section 38(j)(1)(C)(i) of this Act where such treaty does not authorize the transfer without prior United States Government approval’’ after ‘‘approved under section 38 of this Act’’. (b) DISCRIMINATION.—Section 5(c) of such Act (22 U.S.C. 2755(c)) is amended by inserting ‘‘or any import or export under a treaty referred to in section 38(j)(1)(C)(i) of this Act’’ after ‘‘under this Act’’. (c) ANNUAL ESTIMATE OF SALES.—Section 25(a) of such Act (22 U.S.C. 2765(a)) is amended— (1) in paragraph (1), by inserting ‘‘, as well as exports pursuant to a treaty referred to in section 38(j)(1)(C)(i) of this Act,’’ after ‘‘commercial exports under this Act’’; and (2) in paragraph (2), by inserting ‘‘, as well as exports pursuant to a treaty referred to in section 38(j)(1)(C)(i) of this Act,’’ after ‘‘commercial exports’’. (d) PRESIDENTIAL CERTIFICATIONS.— (1) EXPORTS.—Section 36(c) of such Act (22 U.S.C. 2776(c)) is amended by adding at the end the following new paragraph: ‘‘(6) The President shall notify the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate at least 15 days prior to an Deadlines. Applicability. 22 USC 2778.
