Trade Controls Regimes

The United States is a member of the four multilateral export control regimes:


Set forth below are brief descriptions of the objectives of each export control regime with links to their web sites and pertinent U.S. regulations.


Beneath each description, we have provided links to Federal Register Notices which address recent changes in U.S. regulatory and licensing policy for the regimes. Check this site regularly for updates that address changes in controls implemented by each of these regimes.


Australia Group (AG):

AG Guidelines
Organisation for the Prohibition of Chemical Weapons
BIS EAR Part 742 (pdf)
BIS EAR Part 744 (pdf)
BIS EAR Part 745 (pdf)
US CWC Website


The AG is an informal association of countries committed to the nonproliferation of chemical and biological weapons through coordinated export control measures.


AG members agree to require licenses for the export of certain chemicals, biological agents as well as selected equipment that could be used for the development of weapons of mass destruction. The AG also specifies guidelines that members implement in considering applications for the transfers of listed items.


The AG reviews and often modifies the lists of items subject to control as well as its implementation guidelines. As these controls change, member states adopt the modifications into their national programs.


The AG complements but is not a substitute for the Chemical Weapons Convention (CWC) and the Biological and Toxin Weapons Convention (BTWC). In this regard, the CWC specifies certain additional trade restrictions that member states are obliged to enforce.


The United States implements the export controls set forth by the AG and the CWC as well as additional unilateral controls designed to impede the proliferation of chemical and biological weapons.

 



Update - July 08, 2008

Implementation of the Understandings Reached at the April 2008 Australia Group (AG) Plenary Meeting; Additions to the List of States Parties to the Chemical Weapons Convention (CWC)

 

Update - September 12, 2007
Implementation of the Understandings Reached at the June 2007 Australia Group (AG) Plenary Meeting;

 

Update - March 28, 2007
Expanded Authorization for Temporary Exports and Reexports of Tools of Trade to Sudan.
Chemical Weapons Convention Regulations:
UDOC "Change in Inspection Status Form;"
Amendments to Records Review and Recordkeeping Requirements;
Additions to the List of States Parties to the Chemical Weapons Convention (CWC)

 

Update - December 24, 2006
Clarifications and Corrections;
Additions to the List of States Parties to the CWC

 

Update - June 22, 2006
Clarification of Controls on Medical Products on the AG Common Control Lists;
Additions to the List of States Parties to the CWC

 

Update - June 12, 2006
Clarifications and Corrections;
Additions to the List of States Parties to the CWC

 

Update - August 05, 2005
Clarifications and Corrections;
Additions to the List of States Parties to the CWC



Missile Technology Control Regime (MTCR):

MTCR Guidelines
BIS EAR Part 742 (pdf)
BIS EAR Part 744 (pdf)


The MTCR is an informal association of countries committed to limit the proliferation of unmanned systems capable of delivering chemical, biological and nuclear weapons through coordinated export control measures. The MTCR specifies lists of items subject to control as well as guidelines for the transfer of listed items.


The MTCR divides its lists into two categories. Category I includes items of the greatest sensitivity and focuses on systems with capabilities exceeding a range of 300 kilometers and a payload of 500 kilograms. The guidelines specify that "Particular restraint will be exercised in the consideration of Category I transfers regardless of their purpose, and there will be a strong presumption to deny such transfers."  Category II focuses on systems that have a maximum range of 300 kilometers with no lower limit for payload capability. Items in Category II include a wide range of dual-use technologies; member countries are expected to ensure that transfers of Category II items do not contribute to missile systems for delivery of weapons of mass destruction (WMD).


The MTCR reviews and often modifies the lists of items subject to control as well as its implementation guidelines. As these controls change, member states adopt the modifications into their national programs.


The United States implements the export controls set forth by the MTCR as well as additional unilateral controls designed to impede the proliferation of missile systems capable of delivering WMD.

 

Update - April 20, 2010

Revisions to the Export Administration Regulations Based on the 2009 Missile Technology Control Regime Plenary Additions


Update - November 9, 2009

Revisions to the Export Administration Regulations Based on the 2008 Missile Technology Control Regime Plenary Additions


Update - June 16, 2008

Revisions to the Export Administration Regulations Based on the 2007 Missile Technology Control Regime Plenary Agreements

 

Update - May 7, 2007

Revisions to the Export Administration Regulations Based on the 2006 Missile Technology Control Regime Plenary Agreements
Revisions to the EAR Based on the 2006 MTCR Plenary Agreements

 

Update - September 06, 2006
Revisions to the EAR Based on the 2005 MTCR Plenary Agreements;

 

Update - July 31, 2006
Revisions to the EAR Licence Exceptions Based on the 2004 MTCR Plenary Agreements;

 

Update - May 24, 2005
Proposed Rule: Imposition of License Requirement for Exports and Reexports of MT-Controlled Items Destined to Canada;

 

Update - March 10, 2005
Revisions to the EAR Licence Exceptions Based on the 2004 MTCR Plenary Agreements;


Nuclear Suppliers Group (NSG):

NSG Guidelines
BIS EAR Part 742 (pdf)
BIS EAR Part 744 (pdf)


The NSG is an association of countries committed to limiting the proliferation of nuclear weapons. The NSG specifies lists of items subject to control as well as guidelines for the transfers of listed items. The NSG complements the nuclear nonproliferation activities of the International Atomic Energy Agency (IAEA) and many of its guidelines relate to IAEA obligations.

The NSG divides its lists into two categories:

1) Items that are specifically designed for nuclear use (e.g., reactors) and,

2) dual-use items that could contribute to the activities of an unsafeguarded nuclear program but also have non-nuclear uses (e.g., machine tools). The NSG has separate guidelines for the transfers of items on each list.


The NSG reviews and modifies the lists of items subject to control as well as its implementation guidelines. As these controls change, member states adopt the modifications into their national programs.


The United Stated implements the export controls set forth by the NSG as well as additional unilateral controls designed to impede the proliferation of nuclear weapons.



Update - August 30, 2005
Removal of License Requirements for Exports and Reexports to India of Items Controlled Unilaterally for Nuclear Nonproliferation Reasons and Removal of Certain Indian Entiites From the Entity List


Wassenaar Arrangement (WA):

Wassenaar Guidelines
BIS EAR Part 742 (pdf)
BIS EAR Part 744 (pdf)

 

The WA is an informal association of countries seeking to foster regional and international stability through the control of conventional weapons and dual-use technologies that could be used to produce them. The WA is designed to complement but not duplicate the efforts of the three nonproliferation export control regimes (AG, MTCR and NSG).


The WA has a list of list of dual use goods and technologies and a munitions list. It also has guidelines for the transfer of these items. The WA reviews and often modifies the lists of items subject to control as well as its implementation guidelines. As these controls change, member states adopt the modifications into their national programs. Since the WA is an informal arrangement, all decisions are taken at national discretion.


The United States implements Wassenaar controls as well as a range of unilateral controls designed to ensure that transfers of weapons and dual-use items do not contribute to regional instability or military activities that are inimical to U.S. interests. The United States implements the WA dual-use list primarily by including WA dual-use list items on the Commerce Control List, part of the Export Administration Regulations. The United States controls weapons primarily by listing relevant items on the U.S. Munitions List (USML), a part of the International Traffic in Arms Regulations. The USML does not follow the structure of the WA list.



Update - October 14, 2008

Wassenaar Arrangement Plenary Agreements Implementation: December 2007 Categories 1, 2, 3, 5 Parts I and II, 6, 7, and 9 of the Commerce Control List, Definitions; December 2006 Solar Cells


Update - February 05, 2008

December 2006 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 3, 6, & 7 of the Commerce Control List; Wassenaar Reporting Requirements (Correction)

 

Update - November 05, 2007
December 2006 WA Plenary Agreement Implementation:
Wassenaar Reporting Requirements; Definitions; and
Statement of Understanding on Source Code; Final Rule

 

Update - September 07, 2006
December 2005 WA Plenary Agreement Implementation:
Telecommunications, Information Security;
Wassenaar Reporting Requirements; Definitions;
and Certain New or Expanded Export Controls

 

Update - July 26, 2005
December 2004 WA Plenary Agreement Implementation:
Telecommunications, Information Security;
Wassenaar Reporting Requirements; Definitions;
and Certain New or Expanded Export Controls;
Final Rule;

 

Update - July 15, 2005
December 2004 WA Plenary Agreement Implementation:
Telecommunications, Information Security;
Wassenaar Reporting Requirements; Definitions;
and Certain New or Expanded Export Controls

 

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