The United States along with six allies established the Missile Technology Control Regime (MTCR) in 1987. The Regime is a voluntary agreement among member countries to limit the proliferation of missiles capable of delivering nuclear, biological, and chemical weapons and their associated equipment and technology. The Regime consists of common export policy guidelines and a list of controlled items that include complete missile systems (rocket and unmanned air vehicle systems) and missile-related components and technologies that may have civilian applications. The list, known as the Equipment, Software, and Technology Annex (hereafter, referred to as the Regime Annex), is periodically updated to reflect technological advances. 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 two systems were founded on different premises. The Commerce Department, through its Bureau of Export Administration, controls exports of most dual-use items and technologies under the authority of the Export Administration Act of 1979. As such, the Commerce Department is charged with weighing U.S. economic and trade interests along with national security and foreign policy interests. Dual-use items subject to the Commerce Department’s export controls are identified in the Commerce Control List of the Export Administration Regulations. In contrast, the State Department, through its Office of Defense Trade Controls, controls exports of defense articles and services under the authority of the Arms Export Control Act. The State Department’s export control system is designed primarily to further national security and foreign policy interests. The items controlled by the State Department can be found in the International Traffic in Arms Regulations, specifically within the U.S. Munitions List, which the State Department develops with the concurrence of the Department of Defense. The Departments of State and Defense are reviewing and revising different portions of the U.S. Munitions List on an annual basis, as part of the Defense Trade Security Initiative, to ensure that coverage of items on the list is appropriate.Exporters are responsible for determining whether an item they seek to export is on the Commerce Control List and, therefore, subject to the Commerce Department’s jurisdiction, or on the U.S. Munitions List and subject to the State Department’s jurisdiction. With the passage of the National Defense Authorization Act for Fiscal Year 1991, the Congress amended both the Export Administration Act and the Arms Export Control Act to include restrictions on the export of Regime items. Under the amended Export Administration Act, the Secretary of Commerce, in consultation with the Secretaries of State and Defense and other officials, is required to establish and maintain as part of the Commerce Control List, a list of all dual-use goods and technologies that appear on the Regime Annex. Under the amended Arms Export Control Act, the Secretary of State, in consultation with the Secretary of Defense and others, is to establish and maintain as part of the U.S. Munitions List, a list of Regime items that are not controlled under the Export Administration Act. Thus, under these statutes, individual Regime items are to be listed on either the Commerce Control List or the U.S. Munitions List—but not both lists. The Commerce Control List identifies a variety of controlled dual-use items, some of which are designated as being controlled for missile technology reasons, and includes Regime items. In contrast, the U.S. Munitions List contains a separate section that identifies Regime items subject to the State Department’s jurisdiction. Forty-seven of 196 Regime items appear subject to the export control jurisdictions of both the Commerce Department and the State Department. For these 47 items, either (1) the description of the item is the same on both the Commerce Control List and the U.S. Munitions List or (2) one Department claims jurisdiction over an item even though the item does not explicitly appear on its export control list but does appear on the other Department’s list. Appendix I contains descriptions of the 47 Regime items and identifies where they are covered on the Commerce and State control lists. Table 1 provides examples of Regime items that appear on both export control lists with either identical descriptions or overlapping performance parameters. Neither the Commerce Control List nor the U.S. Munitions List provides criteria to differentiate when these items are subject to the Commerce Department’s jurisdiction and when they are subject to the State Department’s jurisdiction. The Commerce Control List sometimes provides a cross-reference to the U.S. Munitions List when the State Department controls certain items meeting particular parameters.However, Commerce Department officials said that the Commerce Control List does not always include such references because the regulations would become too voluminous. The State Department’s control list generally does not indicate that an item may be subject to the Commerce Department’s control since the U.S. Munitions List is supposed to identify only those items subject to the State Department’s jurisdiction. In other cases, the State Department claims jurisdiction over software and technologies related to missile production equipment and facilities, although these items do not explicitly appear on the U.S. Munitions List. These items, however, appear on the Commerce Control List. Two factors have contributed to unclear jurisdiction for Regime items. 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. Second, consultations between the Departments of Commerce and State on Regime-related changes to their regulations have not ensured that items are clearly subject to the jurisdiction of one Department or the other. The State Department office responsible for maintaining the U.S. Munitions List has not formally participated in reviews of proposed changes to the Commerce Control List. Furthermore, the State Department has not updated the MTCR section of the U.S. Munitions List since the mid-1990s, precluding the opportunity to consult with the Commerce Department. “Is specifically designed, developed, configured, adapted, or modified for a military (i) Does not have predominant civil applications, and (ii) Does not have performance equivalent (defined by form, fit and function) to those of an article or service used for civil applications; ….” Conversely, according to Commerce Department officials, if the item does not meet these criteria—even if it appears in the MTCR section of the U.S. Munitions List—it should be subject to the Commerce Department’s export controls. However, a senior State Department official disagreed with the Commerce Department officials’ interpretation of the State Department’s regulations. The official explained that the criteria cited by Commerce Department officials is used by the State Department, in consultation with the Defense Department, to determine which items will appear on the U.S. Munitions List and should not be used by exporters and others to determine whether an item is subject to the State Department’s export controls. Instead, exporters are to consult the U.S. Munitions List to determine which Regime items are under the State Department’s jurisdiction. Consultations between the Departments of Commerce and State have been limited. According to the Commerce Department, it coordinates its regulations and proposed changes for the control of Regime items with the Departments of State, Defense, and Energy and, therefore, these Departments should be aware of which Regime items appear on the Commerce Control List. However, officials from the State Department’s Office of Defense Trade Controls, which maintains the U.S. Munitions List, said they are not formally consulted to ensure that Regime items do not appear on both export control lists. Within the State Department, the Bureau of Nonproliferation formally reviews and comments on the Commerce Department’s regulations for the control of Regime items. A senior Bureau official said that the review is to ensure that Regime items are controlled, without concern for which Department has jurisdiction. Further, the State Department has not consulted with the Commerce Department in recent years regarding the Regime items covered by its export control list. According to a senior official with the Office of Defense Trade Controls, the Commerce Department was provided an opportunity to review the section of the U.S. Munitions List that identifies the Regime items subject to the State Department’s controls before the section was added to the International Traffic in Arms Regulations in 1994. However, this section of the State Department’s regulations has not been updated or revised since then to incorporate the periodic changes made to the Regime Annex. State Department officials maintain that the U.S. Munitions List does not have to be regularly revised to ensure that new items added to the Regime Annex are controlled, as those items are already controlled under the U.S. Munitions List’s broad categories. However, as a result of this lack of revision, the Commerce Department has not been provided another opportunity to review and comment on the Regime items covered by the U.S. Munitions List to ensure that items do not appear on both export control lists. The appearance of an item on both the Commerce Control List and the U.S. 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. While the Commerce Department’s export control system seeks to balance U.S. national security and foreign policy interests with economic interests, the State Department’s export control system was designed to primarily further national security and foreign policy interests. The differences in the underlying premises of the two Department’s export control systems are reflected in their restrictions on where Regime items can be exported and processes to review export licensing applications. A key difference between the Departments’ export control systems is that some sanctions and embargoes only apply to items on the U.S.