Export Controls

Clarification of Jurisdiction for Missile Technology Items Needed Gao ID: GAO-02-120 October 9, 2001

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.

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