Implementing Penaid Export Controls

Although penaid export controls present some definitional and structural issues, such issues are familiar matters in the implementation of the MTCR. For example, the problem of individualizing the decisions on the export of dual-use items is broadly handled by the MTCR’s Category II list, which consists of items subject to case-by-case review rather than a strong presumption of export denial. Category II items (and, indeed, all MTCR items) are reviewed by the following six criteria (see MTCR, undated, para. 3): A. Concerns about the proliferation of weapons of mass destruction; B. The capabilities and objectives of the missile and space