You are herePolicies : MTCR (Missile Technology Control Regime)

Policies : MTCR (Missile Technology Control Regime)

1. About the Missile Technology Control Regime

The Missile Technology Control Regime (MTCR) is an international convention intended to enhance World security by restricting the flow of technologies with ballistic and cruise missile application. Australia is a member nation.

2. It is law in Australia

The Commonwealth Government takes the MTCR obligations seriously and so must ASRI. The Customs Act 1901 prohibits the export of certain goods without a licence and prescribes heavy penalties for non-compliance. The goods are defined by Regulation 13E of the Customs (Prohibited Exports) Regulations 1958, which refers to the Defence and Strategic Goods List ("the List") published by the Department of Defence in the publication titled "Defence and Strategic Goods" dated November 1996, amended 2007

In addition, the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 and the Weapons of Mass Destruction Regulations 1995 control the supply of uncontrolled goods and services from Australia or elsewhere, where that supply might assist a weapons of mass destruction program. This legislation is also administered by the Department of Defence. More information is available in the Department of Defence publication titled "Australian Export Controls - Weapons of Mass Destruction" dated Sept 2007.

3. It applies to Missile Technologies

The List covers most of the technologies with application in ballistic and cruise missiles and includes many technologies that are employed in the Ausroc III and IV systems.

Most importantly, there is a specific regulation for complete rocket systems capable of delivering at least a 500 kg payload to a range of at least 300 km. There is also a lesser category that covers "... complete rocket systems ... capable of a maximum range equal to or greater than 300km". All subsystems, components, production technology and equipment, technical data, manufacturing and test procedures and techniques and the like that might be used in such rocket systems are also listed in detail.

4. It also applies to Ausroc III and IV

Whilst Ausroc III's performance falls just short of delivering a 500 kg payload to a range of 300 km, it is definitely capable of reaching a range in excess of 300 km with a smaller payload. Therefore, Ausroc III, and every part of it, is subject to MTCR export controls, as is Ausroc IV. Other ASRI-developed space systems may also fall under MTCR-related export controls.

5. So we cannot disseminate details without due care

MTCR applies to every part of Ausroc III and Ausroc IV including data, techniques, procedures and results relating to design, construction, test and operation. This type of information, unless already in the public domain or in the nature of basic scientific research, must not be exported without a licence and must not be disseminated to any organisation within Australia without satisfactory evidence of that organisation being the end user.

6. Policy

Technical information including data, techniques, procedures and results relating to design, construction, test and operation of Ausroc III and Ausroc IV must not, without appropriate clearances from the Australian Government, be:

  • released to any foreign destinations, or
  • transferred outside ASRI, or
  • made publically-accessible via the Internet.

All requests for MTCR-related technical information shall be referred to the ASRI Legal Manager for appropriate clearances from the Australian Government to be obtained.

The following may be distributed:

  • general information such as the program plan,
  • material that is only descriptive of the A3 systems, and
  • student reports that have been published.

Where doubt exists as to whether or not something amounts to technical information covered by MTCR, the matter shall be referred to the ASRI Legal Manager.

7. Policy Implementation

ASRI's MTCR policy is implemented as follows:

  • The distribution, including transfer or release, of information covered by legal prohibitions, such as MTCR-related law, is conducted in accordance with the rules governing CONTROLLED information as defined in the ASRI Project System.
  • Persons registering with the ASRI web site, which is the minimum prerequisite for access to project technical information, are required to agree to a disclaimer [link to be added] stating that the person understands that some information may be covered by export controls under Australian law.

Policy Review and Approval

This ASRI policy was last reviewed internally in January 2002. As the Commonwealth agency responsible for MTCR matters, the Department of Defence was asked to comment on the policy. Defence letter IM/001/2002 - 2002/1174/1 dated 22 January 2002 advised that, with minor amendments, the policy "...could be assessed as being fully compliant with ASRI's MTCR-related obligations under Australian law". In light of the Defence Department advice, the policy was amended as per above.

These amendments to this ASRI policy were formally approved by the ASRI Board of Directors on 17 March 2002.