On January 3, 2025, President Biden issued a National Security Memorandum (NSM) to update policy guidance for the Government of the United States’ implementation of the Missile Technology Control Regime (MTCR). The NSM directs the relevant executive branch agencies to provide increased flexibility for case-by-case review and facilitate support for certain MTCR Category I military missiles, unmanned aerial systems, and space launch vehicle (SLV) systems to certain partners with strong export control systems.
However, the NSM explicitly excluded transfers of complete production facilities that encompass all capabilities necessary to produce a Category I system independently.
As a result, transfers of MTCR Category I SLV related commodities, software, and technology will be considered on a case-by-case basis for select and vetted partner space programs and participation in international space programs, whether such programs are governmental or commercial in nature.
Crowell & Moring, LLP continues to monitor export control developments and their potential impact on customers and businesses going forward.