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Huizenga, McCaul Introduce Legislation to Modernize Missile Technology Export Controls

Today, Congressman Bill Huizenga (R-MI) and House Foreign Affairs Committee Chairman Emeritus Michael McCaul (R-TX) announced the introduction of H.R. 3068, the Missile Technology Control Revision Act. H.R 3068 modernizes missile technology export controls by removing unnecessary regulatory barriers. This will bolster U.S. national security while ensuring our allies are equipped to address shared security threats in a timely manner.

“The threats our nation faces have evolved over time; therefore, our approach to keeping America safe must evolve as well,” said Congressman Bill Huizenga. “We cannot allow bureaucratic red tape to hinder our national security. By modernizing the Missile Technology Control Regime to meet the security challenges of today, we can strengthen our defense capabilities and increase our cooperation with our allies, especially Australia and the United Kingdom. The Missile Technology Control Revision Act can act as a force multiplier that allows the United States and our closest allies to address the security challenges we face today and in the future.”

“The Chinese Communist Party is working at lightning speed to advance its military apparatus — and it does not play fair,” said Chairman Emeritus Michael McCaul. “The MTCR Act empowers the United States and its allies to meet that generational challenge head-on by removing burdensome red tape that slows down the transfer of critical military technologies. I urge my colleagues to support this important bill that will strengthen crucial partnerships like the AUKUS defense pact and deter the CCP’s malign activity in the Indo-Pacific and beyond.”

Background

The Missile Technology Control Regime (MTCR) was signed in 1987 and is a non-binding political arrangement designed to curtail exports and proliferation of ballistic missiles and WMD delivery vehicles. It is comprised of 35 nations, including Russia. Unfortunately, the MTCR has no independent means to verify whether states adhere to its guidelines or a mechanism to penalize member states if they violate them.

Specifically, H.R. 3068 removes section 38(j), the statutory requirement of the Missile Technology Control Regime (MTCR), from the Arms Export Control Act of 1976, thus allowing for expedited defense trade with countries the President determines to be eligible for a defense trade exemption. Additionally, this bill includes a statement of policy that the US shall no longer apply a “presumption of denial” for MTCR items to NATO, major non-NATO allies, and Five Eyes members. H.R. 3068 reflects the current security realities around the globe.

While never its intended purpose, the MTCR has hindered the United States’ ability to transfer technologies like ballistic missiles, space launch vehicles, UAV systems, cruise missiles, and other dual-use missile-related components to our closest allies. This ultimately hampers cooperation and collaboration on advanced technologies with ally nations through partnerships like NATO, Five Eyes, and AUKUS. Given the evolving threat landscape, the guidelines of the MTCR fail to provide flexibilities needed to enhance current and future collaboration opportunities.

H.R. 3068 is supported by the Aerospace Industries Association, which represents hundreds of American aerospace and defense companies.

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