Missile Technology Control Regime (MTCR)

HISTORY AND PRESENT STATUS

The MTCR was established in 1987 as an instrument for preventing the proliferation of delivery systems for weapons of mass destruction. The MTCR compiled the Guidelines for Sensitive Missile-Relevant Transfers, which in 1992 were expanded to include all ballistic and cruise missiles capable of delivering nuclear, biological and chemical (NBC) weapons. The primary issues of concern to the MTCR partner countries have related to regime membership and to the relationship between the MTCR and other initiatives aimed at preventing the acquisition of cruise and ballistic missiles by countries of concern. The MTCR is an informal and voluntary association of countries, which share the goals of non-proliferation of unmanned delivery systems for weapons of mass destruction and which seek to coordinate national export licensing efforts aimed at preventing their proliferation.

South Africa's advanced arms industry has developed technology and items which could contribute to the development of ballistic and cruise missiles. South Africa became a member of the MTCR on 13 September 1995.

RELEVANT TREATIES/PROTOCOLS

Treaty on the Non-Proliferation of Nuclear Weapons (NPT)
Biological Weapons Convention (BWC)
Chemical Weapons Convention (CWC)

GENERAL COMMENTS

The South African Government has since its inauguration in May 1994, committed itself to a policy of non-proliferation, disarmament and arms control which covers all weapons of mass destruction and extends to concerns relating to the proliferation of conventional weapons.

This policy forms an integral part of its commitment to democracy, human rights, sustainable development, social justice and environmental protection.

A primary goal of South Africa's policy is to reinforce and promote South Africa as a responsible producer, possessor and trader of defence-related products and advance technologies in the nuclear, biological, chemical and missile fields. South Africa, in so doing, promotes the benefits which non-proliferation, disarmament and arms control hold for international peace and security, particularly to countries in Africa and the Non-Aligned Movement (NAM).

THE MISSILE TECHNOLOGY CONTROL REGIME (MTCR) FACT SHEET

A. Why are Export Licensing Measures for Ballistic and Cruise Missiles and Other Unmanned WMD Delivery Vehicle Equipment, Material and Technologies Necessary?

The risk of proliferation of weapons of mass destruction (WMD, i.e. nuclear, chemical and biological weapons) is well recognised as a threat to international peace and security, also by the Security Council in its Summit Meeting declaration of 31 January 1992. 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 the task of countries seeking to achieve capability to acquire and produce unmanned WMD means of delivery much more difficult. As a result, many countries, including MTCR partners, have chosen to voluntarily introduce export licensing measures on ballistic missiles and other unmanned air vehicle delivery systems or related equipment, material and technology.

B. What is the Role of the MTCR?

The Missile Technology Control Regime (MTCR) is an informal and voluntary association of countries which share the goals of non-proliferation of unmanned delivery systems for weapons of mass destruction and which seek to coordinate national export licensing efforts aimed at preventing their proliferation.

The group was originally established in 1987 and the number of partners has increased steadily to a present total of twenty-nine countries (listed at I).

The Regime rests on adherence to common export policy guidelines (the MTCR Guidelines) applied to an integral common list of controlled items (the MTCR) Equipment and Technology Annex) (copies of these are available to interested non-partners). Partners have equal standing in the Regime. All MTCR 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 and practice.

Partners regularly exchange information about relevant national export licensing issues in the context of the Regime's overall aims.

The MTCR is the only multilateral arrangement dealing with ballistic and cruise missile and other WMD delivery vehicle systems or related equipment, material and technology.

C. What Items are Controlled?

Partner countries exercise restraint in the consideration of all transfers of items contained in the MTCR Equipment and Technology Annex. All such transfers are considered on a case-by-case basis.

Maximum restraint is applied to what are known as Category I items. These items include complete rocket systems (including ballistic missiles, space launch vehicles and sounding rockets) and unmanned air vehicles systems (including cruise missile systems, target and reconnaissance drones) with capabilities exceeding a 300km/500kg range/payload threshold; production facilities for such systems; and major sub-systems including rocket stages, re-entry vehicles, rocket engines, guidance systems and warhead mechanisms.

The remainder of the Annex is regarded as Category II, which includes complete rocket systems (including ballistic missile systems, space launch vehicles and sounding rockets) and unmanned air vehicles (including cruise missile systems, target drones and reconnaissance drones) not covered in Item I, capable of a maximum range equal to, or greater than, 300km. Also included is a wide range of equipment, material and technologies, most of which have uses other than for missiles capable of delivering WMD. While still agreeing to exercise restraint, partners have greater flexibility in the treatment of Category II transfer applications.

D. Do MTCR Controls Affect Legitimate Aerospace Programs?

Export licences are not bans. The sole objective of export licensing is to prevent transfers contributing to delivery systems for weapons of mass destruction. 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 suppliers that they can provide access to technology without such technology being diverted to WMD delivery system programs.

E. 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 obtain the following undertakings before the transfer of a controlled item:

a statement from the end-user specifying the use and end-use location of the proposed transfer, if necessary accompanied by documents explaining its business activities and organisations;
an assurance explicitly stating that the proposed transfers will not be used for any activities related to the development or production of delivery systems for WMD;
where possible, 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 partner countries should obtain assurances that their consent will be secured, in a manner consistent with their national law and practices, prior to any retransfer to a third country of the equipment, material or related technology, or any replica thereof.

F. How is Inter-Partner Trade Regulated?

Membership in the MTCR does not evolve an entitlement to obtain technology from another partner and there is no 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.

G. 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 procedures, and administers and enforces such controls effectively.

The Regime's dialogue with prospective partners is conducted through the MTCR Chair, visits to capitals by "quad" teams comprised of representatives of four MTCR partners, and bilateral exchanges. The group does not have an observer category.

H. Can Countries Adhere to the MTCR Guidelines and Annex without being Obliged to Join the Group?

MTCR partner countries are keen to encourage all countries to observe the MTCR Guidelines on transfers of missiles and related technology as a contribution to common security.

A country can choose to adhere to the Guidelines without being obligated to join the group, and a number have done so. MTCR partners welcome opportunities to conduct broader dialogue on proliferation issues with such countries.

I. What is the Current Membership of the Regime?

The current members of the MTCR are Argentina, Australia, Austria, Belgium, Brazil, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Luxembourg, The Netherlands, New Zealand, Norway, Poland, Portugal, Russia, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, the United Kingdom and the United States of America.

J. How Often Do MTCR Partners Meet?

MTCR partners hold an annual Plenary Meeting chaired on a rotational basis. Inter-sessional consultations take place monthly through Point of Contact (POC) meetings in Paris. POC Meetings are on occasion reinforced with capitals-based officials. 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 "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.

In 1996, for example, the MTCR hosted a seminar in Washington on trans-shipment issues. The seminar was attended by policy-makers and experts from seven non-partner countries (Cyprus, Hong Kong, Jordan, Malta, The Republic of Korea, Singapore, and the United Arab Emirates). In 1999 a seminar was arranged in Budapest, which was attended by non-MTCR countries in Central and Eastern Europe. A Roundtable meeting was held in September 2000 in Paris. This Roundtable was used by the MTCR to inform prospective new members on the MTCR.

In October 2000 the MTCR has finalised a Confidence Building Measure in the form of a draft Code of Conduct on Ballistic Missile. The MTCR intends to solicit as wide support as possible for this Code. Signatories to this Code will commit themselves to a set of principles and commitments and will volunteer information regarding the launch of ballistic missiles and space launch vehicles. The Code makes provision for incentives to countries dismantling their ballistic missile programmes and/or space launch capabilities.