The Missile Technology Control Regime (MTCR) consists of common export policy guidelines (MTCR Guidelines) applied to a common list of controlled items (The MTCR Equipment and Technology Annex). In addition, all countries are encouraged to adhere to the Guidelines which define what constitutes responsible export practices for items that could contribute to missile proliferation.
The Guidelines and the Annex are uniform, publicly available documents.
2. The Annex consists of two categories of items, which term includes equipment and technology. Category I items, all of which are in Annex Items 1 and 2, are those items of greatest sensitivity. If a Category I item is included in a system, that system will also be considered as Category I, except when the incorporated item cannot be separated, removed or duplicated. Particular restraint will be exercised in the consideration of Category I transfers, and there will be a strong presumption to deny such transfers. Until further notice, the transfer of Category I production facilities will not be authorized. The transfer of other Category I items will be authorized only on rare occasions and where the Government (A) obtains binding government-to-government undertakings embodying the assurances from the recipient government called for in paragraph 5 of these Guidelines and (B) assumes responsibility for taking all steps necessary to ensure that the item is put only to its stated end-use. It is understood that the decision to transfer remains the sole and sovereign judgment of the United States Government.
3. In the evaluation of transfer applications for Annex items, the following factors will be taken into account:
A. Nuclear proliferation concerns; B. The capabilities and objectives of the missile and space programs of the recipient state;
C. The significance of the transfer in terms of the potential development of nuclear weapons delivery systems other than manned aircraft;
D. The assessment of the end-use of the transfers, including the relevant assurances of the recipient states referred to in sub-paragraphs 5.A and 5.B below;
E. The applicability of relevant multilateral agreements. 4. The transfer of design and production technology directly associated with any items in the Annex will be subject to as great a degree of scrutiny and control as will the equipment itself, to the extent permitted by national legislation.
5. Where the transfer could contribute to a nuclear weapons delivery system, the Government will authorize transfers of items in the Annex only on receipt of appropriate assurances from the government of the recipient state that:
A. The items will be used only for the purpose stated and that such use will not be modified nor the items modified or replicated without the prior consent of the United States Government;
B. Neither the items nor replicas nor derivatives thereof will be retransferred without the consent of the United States Government.
6. In furtherance of the effective operation of the Guidelines, the United States Government will, as necessary and appropriate, exchange relevant information with other governments applying the same Guidelines.
7. The adherence of all States to these Guidelines in the interest of international peace and security would be welcome.