Missile Technology Control Regime (MTCR)

Overview

Potential Facility Impacts

Current Activities

Overview

Purpose and Background

The Missile Technology Control Regime (MTCR) is an informal voluntary export control framework formed in April 1987 by Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States. The MTCR is intended to help prevent the proliferation of weapons of mass destruction by proposing minimum standards on the transfer of unmanned weapons delivery technology and equipment. MTCR membership is open to all states, subject to the consensus approval of the member states.

Plenary meetings are held annually, and meetings of technical and enforcement experts are conducted on an as-needed basis. Although there is no secretariat for the MTCR, administrative support is provided by the French Ministry of Foreign Affairs.

MTCR member states each implement national legislation to enforce the export policies of the MTCR Guidelines for Sensitive Missile-Relevant Transfers. These guidelines are intended to control the transfer of materials listed in the MTCR Equipment, Software, and Technology Annex. Member states also exchange information on export licensing issues on a regular basis.

MTCR guidelines are meant to provide common export control policies for missile technology transfers, but do not directly dictate legislative action to member states. The guidelines call for members to consider the transfer of sensitive technology on a case-by-case basis and to be responsible for the end-use of the relevant technology. According to the guidelines, the following factors should be considered when assessing technology transfers:

• impact on weapons proliferation and the concerns stated in any relevant arms control agreements;
• capabilities and objectives of the recipient state’s weapons program(s), and impact on the potential development of weapons delivery systems;
• end-use of the technology, with assurances from the recipient state that the technology will only be used for the intended purpose agreed, and will not be re-transferred without notifying the original member state; and
• risk of terrorist groups obtaining the technology.

Although the decision to transfer any technology is the sole responsibility of the transferring member state, the MTCR’s Equipment, Software and Technology Annex expressly prohibits the transfer of Category I production facility technology. This Annex separates materials into Categories I and II.

Category I items are the most sensitive. They include complete rocket systems and complete unmanned aerial vehicle systems (UAVs) having a range greater than 300 kilometers and a payload greater than 500 kilograms. Other Category I items include complete subsystems, production facilities, and production equipment. All transfers of Category I items are subject to strict scrutiny. Member states agree to grant such transfers only on rare occasion and only when the appropriate end-use contracts are in place.

Category II items include system components, test facilities, and launch support. If a Category I component is on, or part of, a system to be transferred, the entire transfer is considered to be at the Category I level.

To better control the proliferation of missile technology, in 1999 the MTCR member states began negotiating a set of standards which eventually became known as The Hague Code of Conduct (HCOC). The HCOC officially separated from the MTCR process in 2001, and currently has more than 130 member states.

In 2004, after the UN Security Council (UNSC) adopted UN Resolution 1540 and established the 1540 Committee, the focus of the MTCR expanded to include working to prevent missile delivery systems from being diverted to terrorist organizations and individuals. The MTCR works with the 1540 Committee to ensure compliance with export control sanctions and resolutions. For more information about the UN 1540 Committee, go to the 1540 Committee’s Website at: http://www.un.org/sc/1540/

Potential Facility Impacts

Key Verification Measures

The MTCR has no compliance verification regime. Member states regularly exchange information on export license issues.

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Current Activities

Recent Developments

As of May 2009, there were 34 MTCR member states and four “unilateral adherents”—Israel (1992), Romania (1992), Slovakia (1994), and Macedonia (2003). China’s application for MTCR membership, submitted in 2004, remains under review by MTCR member states and China officially reiterated its commitment to MTCR goals in February 2008.

Under the U.S.-India civil nuclear deal (U.S.-India 123 Agreement), India will be required to adhere to MTCR Guidelines. The U.S. Secretary of State and the External Affairs Minister of India signed the agreement on October 10, 2008.

The most recent Plenary Meeting was held from November 5-7, 2008 in Canberra, Australia. Discussions focused on the potential for missile proliferation in Northeast Asia, South Asia, and the Middle East. Member states also discussed several proposals to maintain the accuracy and comprehensiveness of MTCR controls, and updated the control list. Member states pledged to support UN Security Council Resolutions, inter alia, 1718, 1737, 1747, 1803, and 1835, and re-iterated support for UNSCR 1540, agreeing that the MTCR Chair should pursue closer ties to the UN 1540 Committee.

Australia will serve as MTCR Chair until the 2009 Plenary Meeting, which will be hosted by Brazil in the second half of 2009. Brazil will also serve as MTCR Chair during the next term of office. Brazil will also serve as MTCR Chair during the next term of office.