Member countries agree to control exports of Regime items in accordance with their respective national laws. The United States fulfills its MTCR commitments primarily through the export control systems of the Departments of Commerce and State. These items, however, appear on the Commerce Control List. First, officials at the Departments of Commerce and State have expressed different understandings of how to define which Regime items are Commerce Department-controlled and which are State Department- controlled. Munitions List and disagreements between the Departments over which one has jurisdiction may result in the same Regime item being subject to different restrictions and reviews, which may affect U.S. national interests and companies’ ability to export Regime items. Conclusions

The U.S. government has committed internationally to controlling Regime items because of its concerns about the threat missile proliferation poses to U.S. interests. Munitions List, in consultation with others as appropriate, to jointly review the Regime Annex, determine the appropriate jurisdiction for items on the Annex, and revise their respective export control lists accordingly; the Secretary of Commerce ensure that, when a Regime item generally controlled by the Commerce Department becomes subject to the State Department’s control if it meets certain parameters, the Commerce Control List specify those parameters and provide a cross-reference to the U.S. Appendix I: Missile Technology Control Regime Items Subject to Unclear Jurisdiction

Forty-seven of the 196 items listed in the Missile Technology Control Regime (MTCR) Equipment, Software, and Technology Annex appear subject to the export control jurisdictions of both the Departments of Commerce and State.
What GAO Found

The U.S. government has long been concerned about the growing threat posed by the proliferation of missiles and related technologies that can deliver weapons of mass destruction. The United States is working with other countries through the Missile Technology Control Regime to control the export of missile-related items. The Departments of Commerce and State share primary responsibility for controlling exports of Regime items. The Commerce Department is required to control Regime items that are dual-use on its export control list--the Commerce Control List. All other Regime items are to be controlled by the State Department on its export control list--the U.S. Munitions List. However, the two departments have not clearly established which of them has jurisdiction for almost 25 percent of the items the United States agreed to control. The Departments disagree on how to determine which Regime items are controlled by Commerce and which are controlled by State. Consultations between the departments about respective control lists have not resolved these jurisdiction issues. Unclear jurisdiction may result in the same Regime item being subject to different export control restrictions and processes at the two departments.