On January 3, President Biden issued a National Security Memorandum to update policy guidance for the U.S. Government’s implementation of the Missile Technology Control Regime, or “MTCR.” These updates reflect a renewed U.S. commitment to nonproliferation, while advancing the President’s goals of strengthening allied defense capabilities, bolstering the U.S. defense industrial base, streamlining defense trade, and deterring adversaries. These policy changes will help the United States advance shared defense objectives with close allies, including the implementation of AUKUS, while maintaining a strong leadership role on nonproliferation and export control policy.
Since MTCR’s formation by the G7 nearly four decades ago, its membership has grown to 35 countries. The MTCR was developed to reduce the threat of nuclear weapons proliferation by limiting exports of missile delivery systems; in 1992, the MTCR expanded to focus on the proliferation of missiles for delivery of all types of weapons of mass destruction. The MTCR has been, and continues to be, one of the most successful multilateral nonproliferation regimes in effect today and a crucial element of the post-Cold War global nonproliferation regime. As the United States continues to advance the objectives of the MTCR established in 1987, it will consider how the strategic environment, advancement of missile technology, and access to technology exports have changed since 1987.
The NSM directs the interagency to provide increased flexibility for case-by-case review and facilitate support for certain MTCR Category I military missiles, Unmanned Aerial Systems (UAS), and Space Launch Vehicle (SLV) systems to certain partners with strong export control systems. While this support will encompass a wide range of activity, consistent with MTCR Guidelines, it will explicitly exclude transfers of complete production facilities that encompass all capabilities necessary to produce a Category I system independently.
The NSM establishes that the MTCR is not designed to impede national space programs or international cooperation in such programs as long as such programs could not contribute to delivery systems for WMD. In support of the U.S. Space Priorities Framework (USSPF) and the promotion of international cooperation in space, and in accordance with the MTCR Guidelines, transfers of MTCR Category I SLV related commodities, software, and technology will be considered on a case-by-case basis for select and vetted partner space programs and participation in international space programs, whether such programs are governmental or commercial in nature.
The NSM reaffirms the MTCR as an important mechanism and will continue to oppose missile programs of concern, and will maintain a general policy of not supporting the development or acquisition of MTCR Category I military missile systems (i.e., not SLVs by non-MTCR partners consistent with U.S. commitments under the MTCR Guidelines. The United States will also work to stem the flow of advanced dual-use technology or expertise to unauthorized parties, i.e., end-users and end-uses that pose an unacceptable risk of diversion to programs and activities of concern.
Additionally, the United States will use the MTCR, other multilateral nonproliferation regimes, and U.S. nonproliferation and export control laws, regulations, and policy to continue addressing regional proliferation challenges, disrupting proliferation networks, and addressing efforts to circumvent nonproliferation controls around the world. In implementing the MTCR, the United States will work to ensure the regime keeps pace with the evolution in missile technology, and prevents the transfer of technologies that would threaten the United States, allies, partners, and other countries around the world.
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