06 August 2004
Bulgaria Newest Member of Missile Technology Control Regime
Vigilance needed over missile technology transfers
The proliferation of weapons of mass destruction (WMD) and their delivery systems poses a threat to the security of the United States, its forces serving around the world and American allies, according to the State Department's Bureau of Nonproliferation.
Countries that belong or adhere to the non-proliferation goals of the Missile Technology Control Regime (MTCR) help counter this threat by being vigilant against inappropriate technology transfers, the bureau said.
The MTCR is an informal, voluntary association of countries that share a common goal of controlling missile proliferation. The regime seeks "to coordinate national export control licensing efforts" to restrict the transfer of rocket systems and unmanned aerial vehicle systems capable of delivering WMD, according to an August 2 State Department fact sheet.
The MTCR's mandate includes keeping missiles and missile technology out of the hands of terrorists.
Bulgaria, the most recent addition to MTCR countries, joined the association in June. There are 34 partners and three other countries that participate by adhering to the regime's guidelines. New members are admitted by consensus.
MTCR partner nations encourage all nations to adhere to its guidelines.
The purpose of MTCR export controls is to prevent transfers contributing to delivery systems for WMD, according to a set of frequently asked questions (FAQs) prepared by the State Department.
Following are the questions-and-answers followed by a general fact sheet on the regime:
(begin fact sheet)
U.S. Department of State
Bureau of Nonproliferation
August 2, 2004
(begin FAQs)
Missile Technology Control Regime (MTCR) Questions and Answers
Why is it necessary to have export licensing measures for rockets and unmanned air vehicles (UAV) capable of delivering WMD and their related equipment, material and technology?
-- The proliferation of WMD and their delivery systems is a threat to the security of the U.S., our forces abroad, allies, and friends. One way to counter this threat is to maintain vigilance over the transfer of missile equipment, material, and related technologies usable for systems capable of delivering WMD.
-- National export licensing measures on these technologies make it much more difficult for countries or terrorists to acquire and/or produce a WMD-capable delivery system. Recognizing this, the MTCR partners and other countries have voluntarily chosen to introduce export licensing measures on delivery systems and their related equipment, material, and technology, which are reviewed on a case-by-case basis.
What is the role of the MTCR?
-- The MTCR is an informal and voluntary association of countries that share the goal of non-proliferation of unmanned delivery systems for WMD, and seek to coordinate national export control licensing efforts aimed at preventing their proliferation.
-- The regime rests on adherence to common export control policies (MTCR Guidelines) applied to a common list of controlled items (MTCR Annex). Partners have equal standing in the regime and all decisions are taken by consensus.
-- The MTCR does not take export licensing decisions as a group. Rather, individual partners are responsible for implementing the Guidelines and Annex on the basis of sovereign national discretion and in accordance with national legislation.
-- Partners regularly exchange information about relevant national export licensing issues in the context of the regime's overall aims.
What items are controlled?
-- Partner countries exercise restraint in the consideration of all transfers, on a case-by-case basis, of items contained in the MTCR Annex.
-- Category I Annex items include complete "missile" -- i.e., rocket and unmanned air vehicle -- systems, capable of delivering a payload of at least 500 kg to a range of at least 300 km, and their major subsystems and related technology. Exports of Category I items are subject to a strong presumption of denial, except that transfers of specially designed production facilities for Category I items are prohibited.
-- Category II Annex items include propulsion and propellant components, launch and ground support equipment, various other missile-related components, and related technology, as well as certain other missile systems. Exports of Category II items are subject to case-by-case review against specified non-proliferation factors, and are subject to a strong presumption of denial if the system is intended for WMD delivery.
Do MTCR Controls affect legitimate aerospace programs?
-- Export licensing requirements are not bans. The objective of MTCR export controls is to prevent transfers contributing to delivery systems for WMD. MTCR controls are not intended to impede peaceful aerospace programs or international cooperation in such programs, as long as such cooperation could not be used for the delivery of WMD. Nor are they designed to restrict access to technologies necessary for peaceful economic development.
-- The MTCR Guidelines help to build confidence among supplier countries that they can provide access to technology without such technology being diverted to a WMD delivery system or program.
Are there any end-user undertakings?
-- MTCR partners have agreed that, in a manner consistent with their national laws and practices, and when relevant under the MTCR Guidelines and other existing undertakings, Partner countries should take the following steps before the transfer of a controlled item:
1. A statement from the end-user specifying the use and end-use location of the proposed transfer, accompanied, if necessary, by documents explaining its business activities and organization;
2. An explicit end-use assurance stating that the proposed transfer(s) will not be used for any activities related to the development or production of WMD delivery systems;
3. Where possible, and if deemed necessary, an assurance that a post-shipment inspection may be made by the exporter or the exporting government.
-- Partners have also agreed that they should obtain end-user assurances that their consent will be secured, in a manner consistent with their national law, prior to any retransfer to a third country of the equipment, material or related technology, or any replica thereof.
How is inter-partner trade regulated?
-- Membership in the MTCR does not involve either an entitlement to obtain technology from another partner or an obligation to supply it. Partners have explicitly affirmed this principle.
-- Partners are expected, just as in such trade between partners and non-partners, to exercise appropriate accountability and restraint in inter-Partner trade.
On what basis are membership decisions taken?
-- The decision to admit a new partner is taken by consensus.
-- In making membership decisions, Partners tend to consider whether a prospective new member would strengthen international non-proliferation efforts, demonstrates a sustained and sustainable commitment to non-proliferation, has a legally based, effective export control system that puts into effect the MTCR Guidelines and Annex, and administers and enforces such controls effectively.
-- The Regime's dialogue with prospective partners is conducted through the MTCR Chair, visits to capitals by representatives of three to four MTCR partner countries, and bilateral exchanges.
-- The Regime does not have an observer category.
Can countries adhere to the MTCR Guidelines and Annex without being obliged to join the Regime?
-- MTCR partner countries encourage all countries to observe the MTCR Guidelines and Annex.
-- A country can choose to adhere to the MTCR without being obligated to join the group, and a number of have done so. MTCR partners welcome opportunities to conduct broader dialogue on non-proliferation issues with such countries.
How often do MTCR partners meet?
-- MTCR partners hold an annual plenary meeting chaired on a rotational basis.
-- Intersessional consultations take place monthly through "point of contact" (POC) meetings in Paris. POC meetings are on occasion "reinforced" by the attendance of officials based in capitals (so called "Reinforced POC" or "RPOC" meetings). Technical experts meetings are held on an ad hoc basis.
-- The MTCR has no secretariat. Distribution of the Regime's working papers is carried out through a central "Point of Contact," the functions of which are performed by the Ministry of Foreign Affairs of France.
-- The MTCR also undertakes outreach activities to non-partners. These activities aim to both keep non-partners informed about the group's activities and to provide practical assistance regarding efforts to prevent the proliferation of WMD delivery systems.
(end FAQs)
(begin fact sheet)
U.S. Department of State
Bureau of Nonproliferation
August 2, 2004
FACT SHEET
Missile Technology Control Regime (MTCR)
In 1987, seven concerned countries created the Missile Technology Control Regime (MTCR) to restrict the proliferation of nuclear-capable missiles and related technology. The original participants in the Regime were Canada, France, West Germany, Italy, Japan, the United Kingdom, and the United States. In 1993, the focus of the Regime was expanded to include missiles for the delivery of chemical or biological weapons (CBW) as well as nuclear weapons.
The MTCR is not a treaty, but a voluntary arrangement among member countries sharing a common interest in controlling missile proliferation. The Regime's mandate was expanded in January 2003 to include preventing terrorists from acquiring missiles and missile technology.
The MTCR partners have committed to apply a common export control policy (MTCR Guidelines) to a common list (MTCR Annex) of controlled items, including virtually all key equipment and technology needed for missile development, production, and operation. The Guidelines and Annex are implemented by each partner in accordance with its national legislation.
The MTCR Guidelines restrict transfers of "missiles" -- defined as rocket systems (including ballistic missiles, space launch vehicles, and sounding rockets) and unmanned aerial vehicle (UAV) systems (including cruise missiles, target drones, and reconnaissance drones) capable of delivering weapons of mass destruction (WMD) -- and their related equipment and technology. The Regime places particular focus on unmanned delivery systems capable of delivering a payload of at least 500 kg to a distance of at least 300 km, so called "Category I" or "MTCR-class" systems.
The MTCR Annex of controlled items is divided into two sections:
-- Category I Annex items include complete rocket and unmanned air vehicle (i.e., "missile") systems, capable of delivering a payload of at least 500 kg to a range of at least 300 km, and their major complete subsystems, production facilities, and related technology. Exports of Category I items are subject to a strong presumption of denial, except that transfers of specially designed production facilities for Category I items are prohibited.
-- Category II Annex items include propulsion and propellant components, launch and ground support equipment, various other missile-related components, and related technology, as well as certain other missile systems. Exports of Category II items are to be subject to case-by-case review against specified non-proliferation factors, and are subject to a strong presumption of denial if the system is intended for WMD delivery.
The MTCR Guidelines are open to all nations to implement, whether or not they are MTCR partners; we encourage all governments to unilaterally adhere to the Guidelines.
Missile Technology Control Regime (MTCR) Membership
As of June 1, 2004
Country - Date of Membership
1. Argentina - 11/93
2. Australia - 07/90
3. Austria - 02/91
4. Belgium - 04/90
5. Brazil - 10/95
6. Bulgaria - 06/04
7. Canada - 04/87
8. Czech Republic - 07/98
9. Denmark - 11/90
10. Finland - 09/91
11. France - 04/87
12. Germany - 04/87
13. Greece - 06/92
14. Hungary - 11/93
15. Iceland - 02/93
16. Ireland - 06/92
17. Italy - 04/87
18. Japan - 04/87
19. Luxembourg - 04/90
20. Netherlands - 04/90
21. New Zealand - 01/91
22. Norway - 01/91
23. Poland - 07/98
24. Portugal - 05/92
25. Russia - 08/95
26. South Africa - 09/95
27. South Korea - 04/01
28. Spain - 09/89
29. Sweden - 09/91
30. Switzerland - 05/92
31. Turkey - 04/97
32. Ukraine - 07/98
33. United Kingdom - 04/87
34. United States - 04/87
Unilateral Adherents to the MTCR
1. Israel - 01/92
2. Romania - 09/92
3. Slovakia - 01/94
(end fact sheet)
(Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
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