Intangible Transfers of Technology and Software: Challenges for the Missile Technology Control Regime

Controlling intangible transfers of technology (ITT) and software—including in the context of the Missile Technology Control Regime (MTCR)—is a known challenge, but the growth of the NewSpace industry and advances in emerging technologies make it a particularly timely topic. This report explores a series of cases of export control violations and cases where the risk of a possible violation was identified involving missile-related ITT or software. The report also develops a typology of violations and identifies associated compliance challenges.

This report explores some of the key challenges that emerge from the case studies, including the increasing reliance on ITT and software, which have become easier and more common, by companies in the aerospace and NewSpace sectors and their global supply chains.

The report concludes by offering recommendations for the MTCR to strengthen its efforts to address the proliferation risks posed by ITT and software.