1 February 1998
Source: http://www.access.gpo.gov/nara/cfr/index.html
------------------------------------------------------------
[Code of Federal Regulations]
[Title 22, Volume 1, Parts 1 to 299]
[Revised as of April 1, 1997]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR121]
[Page 332-351]
TITLE 22--FOREIGN RELATIONS
CHAPTER I--DEPARTMENT OF STATE
PART 121--THE UNITED STATES MUNITIONS LIST
Enumeration of Articles
Sec.
121.1 General. The United States Munitions List.
121.2 Interpretations of the U.S. Munitions List and the Missile
Technology Control Regime Annex.
121.3 Aircraft and related articles.
121.4 Amphibious vehicles.
121.5 Apparatus and devices under Category IV(c).
121.6 Cartridge and shell casings.
121.7 Chemical agents.
121.8 End-items, components, accessories, attachments, parts, firmware,
software and systems.
121.9 Firearms.
121.10 Forgings, castings and machined bodies.
121.11 Military demolition blocks and blasting caps.
121.12 Military explosives and propellants.
121.13 Military fuel thickeners.
121.14 [Reserved]
121.15 Vessels of war and special naval equipment.
121.16 Missile Technology Control Regime Annex.
Authority: Secs. 2, 38, and 71, Pub. L. 90-629 Arms Export Control
Act, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2797); E.O. 11958, 42 FR 4311;
22 U.S.C. 2658.
Source: 58 FR 39287, July 22, 1993, unless otherwise noted.
Enumeration of Articles
Sec. 121.1 General. The United States Munitions List.
(a) The following articles, services and related technical data are
designated as defense articles and defense services pursuant to sections
38 and 47(7) of the Arms Export Control Act (22 U.S.C. 2778 and
2794(7)). Changes in designations will be published in the Federal
Register. Information and clarifications on whether specific items are
defense articles and services under this subchapter may appear
periodically in the Defense Trade News published by the Center for
Defense Trade.
(b) Significant military equipment: An asterisk precedes certain
defense articles in the following list. The asterisk means that the
article is deemed to be ``significant military equipment'' to the extent
specified in Sec. 120.19. The asterisk is placed as a convenience to
help identify such articles.
(c) Missile Technology Control Regime Annex (MTCR). Certain defense
articles and services are identified in Sec. 121.16 as being on the list
of MTCR Annex items on the United States Munitions List. These are
articles as specified in Sec. 120.29 of this subchapter and appear on
the list at Sec. 121.16.
Category I--Firearms
*(a) Nonautomatic, semi-automatic and fully automatic firearms to
caliber .50 inclusive, and all components and parts for such firearms.
(See Sec. 121.9 and Secs. 123.16-123.19 of this subchapter.)
(b) Riflescopes manufactured to military specifications, and
specifically designed or modified components therefor; firearm silencers
and suppressors, including flash suppressors.
*(c) Insurgency-counterinsurgency type firearms or other weapons
having a special military application (e.g. close assault weapons
systems) regardless of caliber and all components and parts therefor.
(d) Technical data (as defined in Sec. 120.21 of this subchapter)
and defense services (as defined in Sec. 120.8 of this subchapter)
directly related to the defense articles enumerated in paragraphs (a)
through (c) of this category. (See Sec. 125.4 of this subchapter for
exemptions.) Technical data directly related to the manufacture or
production of any defense articles enumerated elsewhere in this category
that are designated as Significant Military Equipment (SME) shall itself
be designated SME.
[[Page 333]]
Category II--Artillery Projectors
*(a) Guns over caliber .50, howitzers, mortars, and recoilless
rifles.
*(b) Military flamethrowers and projectors.
(c) Components, parts, accessories and attachments for the articles
in paragraphs (a) and (b) of this category, including but not limited to
mounts and carriages for these articles.
(d) Technical data (as defined in 120.21 of this subchapter) and
defense services (as defined in Sec. 120.8 of this subchapter) directly
related to the defense articles enumerated in paragraphs (a) through (c)
of this category. (See Sec. 125.4 of this subchapter for exemptions.)
Technical data directly related to the manufacture or production of any
defense articles enumerated elsewhere in this category that are
designated as Significant Military Equipment (SME) shall itself be
designated SME.
Category III--Ammunition
*(a) Ammunition for the arms in Categories I and II of this section.
(See Sec. 121.6.)
(b) Components, parts, accessories, and attachments for articles in
paragraph (a) of this category, including but not limited to cartridge
cases, powder bags, bullets, jackets, cores, shells (excluding shotgun
shells), projectiles, boosters, fuzes and components therefor, primers,
and other detonating devices for such ammunition. (See Sec. 121.6.)
(c) Ammunition belting and linking machines.
*(d) Ammunition manufacturing machines and ammunition loading
machines (except handloading ones).
(e) Technical data (as defined in Sec. 120.21 of this subchapter)
and defense services (as defined in Sec. 120.8 of this subchapter)
directly related to the defense articles enumerated in paragraphs (a)
through (d) of this category. (See Sec. 125.4 of this subchapter for
exemptions.) Technical data directly related to the manufacture or
production of any defense articles enumerated elsewhere in this category
that are designated as Significant Military Equipment (SME) shall itself
be designated SME.
Category IV--Launch Vehicles, Guided Missiles, Ballistic Missiles,
Rockets, Torpedoes, Bombs and Mines
*(a) Rockets (including but not limited to meteorological and other
sounding rockets), bombs, grenades, torpedoes, depth charges, land and
naval mines, as well as launchers for such defense articles, and
demolition blocks and blasting caps. (See Sec. 121.11.)
*(b) Launch vehicles and missile and anti-missile systems including
but not limited to guided, tactical and strategic missiles, launchers,
and systems.
(c) Apparatus, devices, and materials for the handling, control,
activation, monitoring, detection, protection, discharge, or detonation
of the articles in paragraphs (a) and (b) of this category. (See
Sec. 121.5.)
*(d) Missile and space launch vehicle powerplants.
*(e) Military explosive excavating devices.
*(f) Ablative materials fabricated or semi-fabricated from advanced
composites (e.g., silica, graphite, carbon, carbon/carbon, and boron
filaments) for the articles in this category that are derived directly
from or specifically developed or modified for defense articles.
*(g) Non/nuclear warheads for rockets and guided missiles.
(h) All specifically designed or modified components, parts,
accessories, attachments, and associated equipment for the articles in
this category.
(i) Technical data (as defined in Sec. 120.21 of this subchapter)
and defense services (as defined in Sec. 120.8 of this subchapter)
directly related to the defense articles enumerated in paragraphs (a)
through (h) of this category. (See Sec. 125.4 of this subchapter for
exemptions.) Technical data directly related to the manufacture or
production of any defense articles enumerated elsewhere in this category
that are designated as Significant Military Equipment (SME) shall itself
be designated SME.
Category V--Explosives, Propellants, Incendiary Agents, and Their
Constituents
*(a) Military explosives. (See Sec. 121.12.)
*(b) Military fuel thickeners. (See Sec. 121.13.)
(c) Propellants for the articles in Categories III and IV of this
section. (See Sec. 121.14.)
(d) Military pyrotechnics, except pyrotechnic materials having dual
military and commercial use.
(e) All compounds specifically formulated for the articles in this
category.
(f) Technical data (as defined in Sec. 120.21 of this subchapter)
and defense services (as defined in Sec. 120.8 of this subchapter)
directly related to the defense articles enumerated in paragraphs (a)
through (e) of this category. (See Sec. 125.4 of this subchapter for
exemptions.) Technical data directly related to the manufacture or
production of any defense articles enumerated elsewhere in this category
that are designated as Significant Military Equipment (SME) shall itself
be designated SME.
Category VI--Vessels of War and Special Naval Equipment.
*(a) Warships, amphibious warfare vessels, landing craft, mine
warfare vessels, patrol vessels and any vessels specifically designed or
modified for military purposes. (See Sec. 121.15.)
[[Page 334]]
(b) Patrol craft without armor, armament or mounting surfaces for
weapon systems more significant than .50 caliber machine guns or
equivalent and auxiliary vessels. (See Sec. 121.15.)
*(c) Turrets and gun mounts, arresting gear, special weapons
systems, protective systems, submarine storage batteries, catapults,
mine sweeping equipment (including mine countermeasures equipment
deployed by aircraft) and other significant naval systems specifically
designed or modified for combatant vessels.
(d) Harbor entrance detection devices (magnetic, pressure, and
acoustic) and controls therefor.
*(e) Naval nuclear propulsion plants, their land prototypes, and
special facilities for their construction, support, and maintenance.
This includes any machinery, device, component, or equipment
specifically developed, designed or modified for use in such plants or
facilities. (See Sec. 123.20)
(f) All specifically designed or modified components, parts,
accessories, attachments, and associated equipment for the articles in
paragraphs (a) through (e) of this category.
(g) Technical data (as defined in Sec. 120.10) and defense services
(as defined in Sec. 120.9) directly related to the defense articles
enumerated in paragraphs (a) through (f) of this category. (See
Sec. 125.4 for exemptions.) Technical data directly related to the
manufacture or production of any defense articles enumerated elsewhere
in this category that are designated as Significant Military Equipment
(SME) shall itself be designated SME.
Category VII--Tanks and Military Vehicles
*(a) Military type armed or armored vehicles, military railway
trains, and vehicles specifically designed or modified to accommodate
mountings for arms or other specialized military equipment or fitted
with such items.
*(b) Military tanks, combat engineer vehicles, bridge launching
vehicles, half-tracks and gun carriers.
*(c) Self-propelled guns and howitzers.
(d) Military trucks, trailers, hoists, and skids specifically
designed, modified, or equipped to mount or carry weapons of Categories
I, II and IV or for carrying and handling the articles in paragraph (a)
of Categories III and IV.
*(e) Military recovery vehicles.
*(f) Amphibious vehicles. (See Sec. 121.4)
*(g) Engines specifically designed or modified for the vehicles in
paragraphs (a), (b), (c), and (f) of this category.
(h) All specifically designed or modified components and parts,
accessories, attachments, and associated equipment for the articles in
this category, including but not limited to military bridging and deep
water fording kits.
(i) Technical data (as defined in Sec. 120.21 of this subchapter)
and defense services (as defined in Sec. 120.8 of this subchapter)
directly related to the defense articles enumerated in paragraphs (a)
through (h) of this category. (See Sec. 125.4 of this subchapter for
exemptions.) Technical data directly related to the manufacture or
production of any defense articles enumerated elsewhere in this category
that are designated as Significant Military Equipment (SME) shall itself
be designated SME.
Category VIII--Aircraft and Associated Equipment
*(a) Aircraft, including but not limited to helicopters, non-
expansive balloons, drones, and lighter-than-air aircraft, which are
specifically designed, modified, or equipped for military purposes. This
includes but is not limited to the following military purposes: Gunnery,
bombing, rocket or missile launching, electronic and other surveillance,
reconnaissance, refueling, aerial mapping, military liaison, cargo
carrying or dropping, personnel dropping, airborne warning and control,
and military training. (See Sec. 121.3.)
*(b) Military aircraft engines, except reciprocating engines,
specifically designed or modified for the aircraft in paragraph (a) of
this category.
*(c) Cartridge-actuated devices utilized in emergency escape of
personnel and airborne equipment (including but not limited to airborne
refueling equipment) specifically designed or modified for use with the
aircraft and engines of the types in paragraphs (a) and (b) of this
category.
(d) Launching and recovery equipment for the articles in paragraph
(a) of this category, if the equipment is specifically designed or
modified for military use. Fixed land-based arresting gear is not
included in this category.
*(e) Inertial navigation systems, aided or hybrid inertial
navigation systems, Inertial Measurement Units (IMUs), and Attitude and
Heading Reference Systems (AHRS) specifically designed, modified, or
configured for military use and all specifically designed components,
parts and accessories. For other inertial reference systems and related
components refer to Category XII(d).
(f) Developmental aircraft, engines, and components thereof
specifically designed, modified, or equipped for military uses or
purposes, or developed principally with U.S. Department of Defense
funding, excluding such aircraft, engines, and components subject to the
jurisdiction of the Department of Commerce.
Note: Developmental aircraft, engines, and components thereof,
having no commercial application at the time of this amendment
[[Page 335]]
and which have been specifically designed for military uses or purposes,
or developed principally with U.S. Department of Defense funding, will
be considered eligible for a CCL license when actually applied to a
commercial aircraft or commercial aircraft engine program. Exporters may
seek to establish commercial application either on a case-by-case basis
through submission of documentation demonstrating application to a
commercial program in requesting an export license application from
Commerce in respect of a specific export or, in the case of use for
broad categories of aircraft, engines, or components, a commodity
jurisdiction from State.
*(g) Ground effect machines (GEMS) specifically designed or modified
for military use, including but not limited to surface effect machines
and other air cushion vehicles, and all components, parts, and
accessories, attachments, and associated equipment specifically designed
or modified for use with such machines.
(h) Components, parts, accessories, attachments, and associated
equipment (including ground support equipment) specifically designed or
modified for the articles in paragraphs (a) through (e) of this
category, excluding aircraft tires and propellers used with
reciprocating engines.
(i) Technical data (as defined in Sec. 120.10) and defense services
(as defined in Sec. 120.9) directly related to the defense articles
enumerated in paragraphs (a) through (h) of this category (see
Sec. 125.4 for exemptions), except for hot section technical data
associated with commercial aircraft engines. Technical data directly
related to the manufacture or production of any defense articles
enumerated elsewhere in this category that are designated as Significant
Military Equipment (SME) shall itself be designated SME.
Category IX--Military Training Equipment
(a) Military training equipment including but not limited to attack
trainers, radar target trainers, radar target generators, gunnery
training devices, antisubmarine warfare trainers, target equipment,
armament training units, operational flight trainers, air combat
training systems, radar trainers, navigation trainers, and simulation
devices related to defense articles.
(b) Components, parts, accessories, attachments, and associated
equipment specifically designed or modified for the articles in
paragraph (a) of this category.
(c) Technical Data (as defined in Sec. 120.21 of this subchapter)
and defense services (as defined in Sec. 120.8 of this subchapter)
directly related to the defense articles enumerated in paragraphs (a)
and (b) of this category. (See Sec. 125.4 for exemptions.).
Category X--Protective Personnel Equipment
(a) Body armor specifically designed, modified or equipped for
military use; articles, including but not limited to clothing, designed,
modified or equipped to protect against or reduce detection by radar,
infrared (IR) or other sensors; military helmets equipped with
communications hardware, optical sights, slewing devices or mechanisms
to protect against thermal flash or lasers, excluding standard military
helmets.
(b) Partial pressure suits and liquid oxygen converters used in
aircraft in Category VIII(a).
(c) Protective apparel and equipment specifically designed or
modified for use with the articles in paragraphs (a) through (d) in
Category XIV.
(d) Components, parts, accessories, attachments, and associated
equipment specifically designed or modified for use with the articles in
paragraphs (a), (b), and (c) of this category.
(e) Technical Data (as defined in Sec. 120.21 of this subchapter)
and defense services (as defined in Sec. 120.8 of this subchapter)
directly related to the defense articles enumerated in paragraphs (a)
through (d) of this category. (See Sec. 125.4 of this subchapter for
exemptions.)
Category XI--Military Electronics
(a) Electronic equipment not included in Category XII of the U.S.
Munitions List which is specifically designed, modified or configured
for military application. This equipment includes but is not limited to:
*(1) Underwater sound equipment to include active and passive
detection, identification, tracking, and weapons control equipment.
*(2) Underwater acoustic active and passive countermeasures and
counter-countermeasures.
(3) Radar systems, with capabilities such as:
*(i) Search,
*(ii) Acquisition,
*(iii) Tracking,
*(iv) Moving target indication,
*(v) Imaging radar systems,
(vi) Any ground air traffic control radar which is specifically
designed or modified for military application.
*(4) Electronic combat equipment, such as:
(i) Active and passive countermeasures,
(ii) Active and passive counter-countermeasures, and
(iii) Radios (including transceivers) specifically designed or
modified to interfere with
[[Page 336]]
other communication devices or transmissions.
*(5) Command, control and communications systems to include radios
(transceivers), navigation, and identification equipment.
(6) Computers specifically designed or developed for military
application and any computer specifically modified for use with any
defense article in any category of the U.S. Munitions List.
(7) Any experimental or developmental electronic equipment
specifically designed or modified for military application or
specifically designed or modified for use with a military system.
*(b) Electronic systems or equipment specifically designed,
modified, or configured for intelligence, security, or military purposes
for use in search, reconnaissance, collection, monitoring, direction-
finding, display, analysis and production of information from the
electromagnetic spectrum and electronic systems or equipment designed or
modified to counteract electronic surveillance or monitoring. A system
meeting this definition is controlled under this subchapter even in
instances where any individual pieces of equipment constituting the
system may be subject to the controls of another U.S. Government agency.
Such systems or equipment described above include, but are not limited
to, those:
(1) Designed or modified to use cryptographic techniques to generate
the spreading code for spread spectrum or hopping code for frequency
agility. This does not include fixed code techniques for spread
spectrum.
(2) Designed or modified using burst techniques (e.g., time
compression techniques) for intelligence, security or military purposes.
(3) Designed or modified for the purpose of information security to
suppress the compromising emanations of information-bearing signals.
This covers TEMPEST suppression technology and equipment meeting or
designed to meet government TEMPEST standards. This definition is not
intended to include equipment designed to meet Federal Communications
Commission (FCC) commercial electro-magnetic interference standards or
equipment designed for health and safety.
(c) Components, parts, accessories, attachments, and associated
equipment specifically designed or modified for use with the equipment
in paragraphs (a) and (b) of this category, except for such items as are
in normal commercial use.
(d) Technical data (as defined in Sec. 120.21) and defense services
(as defined in Sec. 120.8) directly related to the defense articles
enumerated in paragraphs (a) through (c) of this category. (See
Sec. 125.4 for exemptions.) Technical data directly related to the
manufacture or production of any defense articles enumerated elsewhere
in this category that are designated as Significant Military Equipment
(SME) shall itself be designated as SME.
Category XII--Fire Control, Range Finder, Optical and Guidance and
Control Equipment
*(a) Fire control systems; gun and missile tracking and guidance
systems; gun range, position, height finders, spotting instruments and
laying equipment; aiming devices (electronic, optic, and acoustic); bomb
sights, bombing computers, military television sighting and viewing
units, and periscopes for the articles of this section.
*(b) Lasers specifically designed, modified or configured for
military application including those used in military communication
devices, target designators and range finders, target detection systems,
and directed energy weapons.
*(c) Infrared focal plane array detectors specifically designed,
modified or configured for military use; image intensification and other
night sighting equipment or systems specifically designed, modified, or
configured for military use; second generation and above military image
intensification tubes (defined below) specifically designed, developed,
modified or configured for military use, and infrared, visible and
ultraviolet devices specifically designed, developed, modified, or
configured for military application. Military second and third
generation image intensification tubes and military infrared focal plane
arrays identified in this subparagraph are licensed by the Department of
Commerce (ECCN 6A02A and 6A03A) when a part of a commercial system (i.e.
those systems originally designed for commercial use). This does not
include any military system comprised of non-military specification
components. Replacement tubes or focal plane arrays identified in this
paragraph being exported for commercial systems are subject to the
controls of the ITAR.
Note: Special Definition. For purposes of this subparagraph, second
and third generation image intensification tubes are defined as having:
A peak response within the 0.4 to 1.05 micron wavelength range and
incorporating a microchannel plate for electron image amplification
having a hold pitch (center-to-center spacing) of less than 25 microns
and having either:
(a) An S-20, S-25 or multialkali photocathode; or
(b) A GaAs, GaInAs, or other compound semiconductor photocathode.
*(d) Inertial platforms and sensors for weapons or weapon systems;
guidance, control and stabilization systems except for those systems
covered in Category VIII;
[[Page 337]]
astro-compasses and star trackers and military accelerometers and gyros.
For aircraft inertial reference systems and related components refer to
Category VIII.
(e) Components, parts, accessories, attachments and associated
equipment specifically designed or modified for the articles in
paragraphs (a) through (d) of this category, except for such items as
are in normal commercial use.
(f) Technical data (as defined in Sec. 120.21) and defense services
(as defined in Sec. 120.8) directly related to the defense articles
enumerated in paragraphs (a) through (e) of this category. (See
Sec. 125.4 for exemptions.) Technical data directly related to
manufacture and production of any defense articles enumerated elsewhere
in this category that are designated as Significant Military Equipment
(SME) shall itself be designated as SME.
Category XIII--Auxiliary Military Equipment
(a) Cameras and specialized processing equipment therefor,
photointerpretation, stereoscopic plotting, and photogrammetry equipment
which are specifically designed or modified for military purposes, and
components specifically designed or modified therefor;
(b) Military Information Security Systems and equipment,
cryptographic devices, software, and components specifically designed or
modified therefor (i.e., such items when specifically designed,
developed, configured, adapted or modified for military applications
(including command, control and intelligence applications)). This
includes:
(1) Military cryptographic (including key management) systems,
equipment, assemblies, modules, integrated circuits, components or
software with the capability of maintaining secrecy or confidentiality
of information or information systems, except cryptographic equipment
and software as follows:
(i) Tracking, telemetry and control (TT&C) encryption/decryption
when embedded in a commercial communications satellite identified in
ECCN 9A004a of the Export Administration Regulations; embedded means
that the device or system cannot feasibility be removed from the
satellite and that it cannot be used for other purposes.
(2) Military cryptographic (including key management) systems,
equipment, assemblies, modules, integrated circuits, components of
software which have the capability of generating spreading or hopping
codes for spread spectrum systems or equipment.
(3) Military cryptanalytic systems, equipment, assemblies, modules,
integrated circuits, components or software.
(4) Military systems, equipment, assemblies, modules, integrated
circuits, components or software providing certified or certifiable
multi-level security or user isolation exceeding class B2 of the Trusted
Computer System Evaluation Criteria (TCSEC) and software to certify such
systems, equipment or software.
(5) Ancillary equipment specifically designed or modified for
paragraphs (b) (1), (2), (3), and (4) of this category.
(c) Self-contained diving and underwater breathing apparatus as
follows:
(1) Closed and semi-closed circuits (rebreathing) apparatus;
(2) Specially designed components for use in the conversion of open-
circuit apparatus to military use; and
(3) Articles exclusively designed for military use with self-
contained diving and underwater swimming apparatus.
(d) Carbon/carbon billets and preforms which are reinforced with
continuous unidirectional tows, tapes, or woven cloths in three or more
dimensional planes (i.e. 3D, 4D, etc.). This is exclusive of carbon/
carbon billets and preforms where reinforcement in the third dimension
is limited to interlocking of adjacent layers only, and carbon/carbon
3D, 4D, etc. end items which have not been specifically designed or
modified for defense articles (e.g., brakes for commercial aircraft or
high speed trains). Armor (e.g., organic, ceramic, metallic), and
reactive armor which has been specifically designed or modified for
defense articles. Structural materials including carbon/carbon and metal
matrix composites, plate, forgings, castings, welding consumables and
rolled and extruded shapes which have been specifically designed or
modified for defense articles.
(e) Concealment and deception equipment, including but not limited
to special paints, decoys, and simulators and components, parts and
accessories specifically designed or modified therefor.
(f) Energy conversion devices for producing electrical energy from
nuclear, thermal, or solar energy, or from chemical reaction which are
specifically designed or modified for military application.
(g) Chemiluminescent compounds and solid state devices specifically
designed or modified for military application.
(h) Devices embodying particle beam and electromagnetic pulse
technology and associated components and subassemblies (e.g.,
[[Page 338]]
ion beam current injectors, particle accelerators for neutral or charged
particles, beam handling and projection equipment, beam steering, fire
control, and pointing equipment, test and diagnostic instruments, and
targets) which are specifically designed or modified for directed energy
weapon applications.
(i) Metal embrittling agents.
*(j) Hardware and equipment, which has been specifically designed or
modified for military applications, that is associated with the
measurement or modification of system signatures for detection of
defense articles. This includes but is not limited to signature
measurement equipment; prediction techniques and codes; signature
materials and treatments; and signature control design methodology.
(k) Technical data (as defined in Sec. 120.21 of this subchapter)
and defense services (as defined in Sec. 120.8 of this subchapter)
related to the defense articles listed in this category. (See Sec. 125.4
of this subchapter for exemptions; see also Sec. 123.21 of this
subchapter). Technical data directly related to the manufacture or
production of any defense articles enumerated elsewhere in this category
that are designated as Significant Military Equipment (SME) shall itself
be designated as SME.
Category XIV--Toxicological Agents and Equipment and Radiological
Equipment
*(a) Chemical agents, including but not limited to lung irritants,
vesicants, lachrymators, tear gases (except tear gas formulations
containing 1% or less CN or CS), sternutators and irritant smoke, and
nerve gases and incapacitating agents. (See Sec. 121.7.)
*(b) Biological agents.
*(c) Equipment for dissemination, detection, and identification of,
and defense against, the articles in paragraphs (a) and (b) of this
category.
*(d) Nuclear radiation detection and measuring devices, manufactured
to military specification.
(e) Components, parts, accessories, attachments, and associated
equipment specifically designed or modified for the articles in
paragraphs (c) and (d) of this category.
(f) Technical data (as defined in Sec. 120.21 of this subchapter)
and defense services (as defined in Sec. 120.8 of this subchapter)
related to the defense articles enumerated in paragraphs (a) through (e)
of this category. (See Sec. 125.4 of this subchapter for exemptions; see
also Sec. 123.21 of this subchapter). Technical data directly related to
the manufacture or production of any defense articles enumerated
elsewhere in this category that are designated as Significant Military
Equipment (SME) shall itself be designated as SME.
Category XV--Spacecraft Systems and Associated Equipment
* (a) Spacecraft, including satellites, specifically designed or
modified for military use.
(b) Remote sensing satellite systems as follows:
*(1) All Remote sensing satellites;
(2) Ground control stations for remote sensing satellites as
follows:
(i) Ground control stations for telemetry, tracking and control of
such satellites; or
(ii) Passive ground stations for remote sensing satellites having
any of the following characteristics:
(A) Employing any of the cryptographic items controlled under
Category XIII of this subchapter; or
(B) Employing any uplink command capability.
Note: For export licensing controls over any passive ground receive
only stations for remote sensing satellites not having any of the above
parameters nor any systems or major components controlled elsewhere
under this subchapter, see the Commerce Control List.
*(c) Military communications satellites or multi-mission satellites
(including commercial communications satellites having additional, non-
communication mission(s) or payload(s) controlled under this subchapter
but not including ground stations and their associated equipment and
technical data not enumerated elsewhere in Sec. 121.1 of this
subchapter; for controls on such ground stations see the Commerce
Control List).
(d) Global Positioning System (GPS) receiving equipment specifically
designed, modified or configured for military use; or GPS receiving
equipment with any of the following characteristics:
(1) Designed for encryption or decryption (e.g., Y-Code) of GPS
precise positioning service (PPS) signals;
(2) Designed for producing navigation results above 60,000 feet
altitude and at 1,000 knots velocity or greater;
(3) Specifically designed or modified for use with a null steering
antenna or including a null steering antenna designed to reduce or avoid
jamming signals;
(4) Designed or modified for use with unmanned air vehicle systems
capable of delivering at least a 500 kg payload to a range of at least
300 km.
(Note: GPS receivers designed or modified for use with military
unmanned air vehicle systems with less capability are considered
[[Page 339]]
to be specifically designed, modified or configured for military use and
therefore covered under this paragraph (d)(4).)
Any GPS equipment not meeting this definition is subject to the
jurisdiction of the Department of Commerce (DOC). Manufacturers or
exporters of equipment under DOC jurisdiction are advised that the U.S.
Government does not assure the availability of the GPS P-Code for civil
navigation. It is the policy of the Department of Defense (DOD) that GPS
receivers using P-Code without clarification as to whether or not those
receivers were designed or modified to use Y-Code will be presumed to be
Y-Code capable and covered under this paragraph. The DOD policy further
requires that a notice be attached to all P-Code receivers presented for
export. The notice must state the following: ``ADVISORY NOTICE: This
receiver uses the GPS P-Code signal, which by U.S. policy, may be
switched off without notice.''
(e) Systems, components, parts, accessories, attachments, and
associated equipment (including ground support equipment) specifically
designed, modified or configured for the articles in paragraphs (a)
through (d) of this category, except as provided in paragraph (c).
(f) The following individual systems, components or parts (except
when included in a commercial communications satellite licensed under
ECCN 9A004a of the Export Administration Regulations):
(1) Anti-jam systems with the ability to respond to incoming
interference by adaptively reducing antenna gain (nulling) in the
direction of the interference.
(2) Antennas:
(i) With aperture (overall dimension of the radiating portions of
the antenna) greater than 30 feet; or
(ii) With all sidelobes less than or equal to -35dB, relative to the
peak of the main beam; or
(iii) Designed, modified, or configured to provide coverage area on
the surface of the earth less than 200 nautical miles in diameter, where
``coverage area'' is defined as that area on the surface of the earth
that is illuminated by the main beam width of the antenna (which is the
angular distance between half power points of the beam).
(3) Intersatellite data relay links that do not involve a ground
relay terminal (``cross-links'').
(4) Spaceborne regenerative baseband processing equipment.
(5) Radiation-hardened microelectronic circuits that are
specifically designed or rated to meet or exceed all five of the
following characteristics:
(i) A total dose of 5 x 105 Rads (SI);
(ii) A dose rate upset of 5 x 108 Rads (SI)/Sec;
(iii) A neutron dose of 1 x 1014 N/cm<SUP>2</SUP>;
(iv) A single event upset of 1 x 10<SUP>-7</SUP> or less error/bit/
day;
(v) Single event latch-up free and having a dose rate latch-up of
5 x 108 Rads(SI)/sec or greater.
(6) Propulsion systems which permit acceleration of the satellite
on-orbit (i.e., after mission orbit injection) at rates greater than
0.1g.
(7) Attitude control and determination systems designed to provide
spacecraft pointing determination and control or payload pointing system
control better than 0.02 degrees per axis.
(8) Orbit transfer engines (``kick-motors'') which are embedded in
the spacecraft. Orbit transfer engines which are not embedded in the
spacecraft are controlled under Category IV of this subchapter (except
as noted in the note for this paragraph (f)). Here ``embedded'' means
that the device or system cannot feasibly be removed from the spacecraft
and cannot be used for other purposes.
(9) Cryptographic items described in Category XIII(b)(1)(x) of this
subchapter.
Note: Commercial communications satellites are subject to Commerce
Licensing jurisdiction even if they include the individual munitions
list systems, components or parts identified in paragraph (f) of this
category. In all other cases, these systems, components or parts remain
on the USML except non-embedded, solid propellant orbit transfer engines
(``kick motors'') are subject to Commerce licensing jurisdiction (and
not controlled under this subchapter) when they are to be utilized for a
specific commercial communications satellite launch, provided the solid
propellant ``kick motor'' being utilized is not specifically designed or
modified for military use or capable of being restarted after
achievement of mission orbit (such orbit transfer engines are always
controlled under Category IV of this subchapter). Technical data (as
defined in Sec. 120.10 of this subchapter) and defense services (as
defined in Sec. 120.9 of this subchapter) related to the systems,
components, or parts referred to in
[[Page 340]]
paragraph (f) of this cateory are always controlled under this
subchapter, even when the satellite itself is licensed by the Department
of Commerce.
(g) Technical data (as defined in Sec. 120.10 of this subchapter)
and defense services (as defined in Sec. 120.9 of this subchapter)
directly related to paragraphs (a) through (f) of this category. (See
Sec. 125.4 for exemptions.) Technical data directly related to the
manufacture or production of any defense articles enumerated elsewhere
in this category that are designated as Significant Military Equipment
(SME) shall itself be designated SME. In addition, detailed design,
development, production or manufacturing data for all spacecraft systems
and for specifically designed or modified components for all spacecraft
systems, regardless of which U.S. Government agency has jurisdiction for
export of the spacecraft. (See Sec. 125.4 for exemptions.) This coverage
by the U.S. Munitions List of detailed design, development,
manufacturing or production information directly related to satellites
which are not otherwise under the control of this section does not
include that level of technical data (including marketing data)
necessary and reasonable for a purchaser to have assurance that a U.S.-
built item intended to operate in space has been designed, manufactured
and tested in conformance with specified contract requirements (e.g.,
operational performance, reliability, lifetime, product quality, or
delivery expectations), as well as data necessary to evaluate in-orbit
anomalies and to operate and maintain associated ground equipment.
Note 1: All defense services and technical assistance for satellites
and/or launch vehicles, including compatibility, integration, or
processing data, is controlled under this subchapter. Technical data
provided to the launch provider (form, fit, function, mass, electrical,
mechanical, dynamic/environmental, telemetry, safety, facility, launch
pad access, and launch parameters) for commercial communications
satellites that describe the interfaces for mating and parameters for
launch (e.g., orbit, timing) of the satellite is under Commerce
jurisdiction.
Note 2: The international space station, being developed, launched
and operated under the supervision of the National Aeronautics and Space
Administration, is controlled for export purposes under the Export
Administration Regulations.
Category XVI--Nuclear Weapons Design and Test Equipment
*(a) Any article, material, equipment, or device which is
specifically designed or modified for use in the design, development, or
fabrication of nuclear weapons or nuclear explosive devices. (See
Sec. 123.21 of this subchapter and Department of Commerce Export
Regulations, 15 CFR part 778).
*(b) Any article, material, equipment, or device which is
specifically designed or modified for use in the devising, carrying out,
or evaluating of nuclear weapons tests or any other nuclear explosions,
except such items as are in normal commercial use for other purposes.
(c) Technical data (as defined in Sec. 120.21 of this subchapter)
and defense services (as defined in Sec. 120.8 of this subchapter)
directly related to the defense articles enumerated in paragraphs (a)
through (b) of this category. (See Sec. 125.4 of this subchapter for
exemptions.) Technical data directly related to the manufacture or
production of any defense articles enumerated elsewhere in this category
that are designated as Significant Military Equipment (SME) shall itself
be designated SME.
Category XVII--Classified Articles, Technical Data and Defense Services
Not Otherwise Enumerated
*(a) All articles, technical data (as defined in Sec. 120.21 of this
subchapter) and defense services (as defined in Sec. 120.8 of this
subchapter) relating thereto which are classified in the interests of
national security and which are not otherwise enumerated in the U.S.
Munitions List.
Category XVIII--[Reserved]
Category XIX--[Reserved]
Category XX--Submersible Vessels, Oceanographic and Associated Equipment
*(a) Submersible vessels, manned or unmanned, tethered or
untethered, designed or modified for military purposes, or powered by
nuclear propulsion plants.
*(b) Swimmer delivery vehicles designed or modified for military
purposes.
(c) Equipment, components, parts, accessories, and attachments
specifically designed or modified for any of the articles in paragraphs
(a) and (b) of this category.
(d) Technical data (as defined in Sec. 120.21 of this subchapter)
and defense services (as defined in Sec. 120.8 of this subchapter)
directly related to the defense articles enumerated in paragraphs (a)
through (c) of this category. (See Sec. 125.4 of this subchapter for
exemptions.) Technical data directly related to the
[[Page 341]]
manufacture or production of any defense articles enumerated elsewhere
in this category that are designated as Significant Military Equipment
(SME) shall itself be designated as SME.
Category XXI--Miscellaneous Articles
(a) Any article not specifically enumerated in the other categories
of the U.S. Munitions List which has substantial military applicability
and which has been specifically designed or modified for military
purposes. The decision on whether any article may be included in this
category shall be made by the Director of the Office of Defense Trade
Controls.
(b) Technical data (as defined in Sec. 120.21 of this subchapter)
and defense services (as defined in Sec. 120.8 of this subchapter)
directly related to the defense articles enumerated in paragraphs (a) of
this category.
[58 FR 39287, July 22, 1993, as amended at 58 FR 47638, Sept. 10, 1993;
58 FR 60115, Nov. 15, 1993; 59 FR 46548 and 46549, Sept. 9, 1994; 59 FR
47800, Sept. 19, 1994; 61 FR 56895, Nov. 5, 1996; 61 FR 68633, Dec. 30,
1996]
Sec. 121.2 Interpretations of the U.S. Munitions List and the Missile
Technology Control Regime Annex.
The following interpretations (listed alphabetically) explain and
amplify the terms used in Sec. 121.1. These interpretations have the
same force as if they were a part of the U.S. Munitions List (USML)
category to which they refer. In addition, all the items listed in
Sec. 121.16 shall constitute all items on the United States Munitions
List which are Missile Technology Control Regime Annex items in
accordance with section 71(a) of the Arms Export Control Act.
Sec. 121.3 Aircraft and related articles.
In Category VIII, aircraft means aircraft designed, modified, or
equipped for a military purpose, including aircraft described as
``demilitarized.'' All aircraft bearing an original military designation
are included in Category VIII. However, the following aircraft are not
included so long as they have not been specifically equipped, re-
equipped, or modified for military operations:
(a) Cargo aircraft bearing ``C'' designations and numbered C-45
through C-118 inclusive, C-121 through C-125 inclusive, and C-131, using
reciprocating engines only.
(b) Trainer aircraft bearing ``T'' designations and using
reciprocating engines or turboprop engines with less than 600 horsepower
(s.h.p.)
(c) Utility aircraft bearing ``U'' designations and using
reciprocating engines only.
(d) All liaison aircraft bearing an ``L'' designation.
(e) All observation aircraft bearing ``O'' designations and using
reciprocating engines.
Sec. 121.4 Amphibious vehicles.
An amphibious vehicle in Category VII(f) is an automotive vehicle or
chassis which embodies all-wheel drive, is equipped to meet special
military requirements, and which has sealed electrical systems or
adaptation features for deep water fording.
Sec. 121.5 Apparatus and devices under Category IV(c).
Category IV includes but is not limited to the following: Fuzes and
components specifically designed, modified or configured for items
listed in that category, bomb racks and shackles, bomb shackle release
units, bomb ejectors, torpedo tubes, torpedo and guided missile
boosters, guidance systems equipment and parts, launching racks and
projectors, pistols (exploders), ignitors, fuze arming devices,
intervalometers, thermal batteries, hardened missile launching
facilities, guided missile launchers and specialized handling equipment,
including transporters, cranes and lifts designed to handle articles in
paragraphs (a) and (b) of this category for preparation and launch from
fixed and mobile sites. The equipment in this category includes robots,
robot controllers and robot end-effectors specially designed or modified
for military applications.
Sec. 121.6 Cartridge and shell casings.
Cartridge and shell casings are included in Category III unless,
prior to export, they have been rendered useless beyond the possibility
of restoration for use as a cartridge or shell casing by means of
heating, flame treatment, mangling, crushing, cutting, or popping.
[[Page 342]]
Sec. 121.7 Chemical agents.
A chemical agent in Category XIV(a) is a substance having military
application which by its ordinary and direct chemical action produces a
powerful physiological effect. The term ``chemical agent'' includes, but
is not limited to, the following chemical compounds:
(a) Lung irritants:
(1) Diphenylcyanoarsine (DC).
(2) Fluorine (but not fluorene).
(3) Trichloronitro methane (chloropicrin PS).
(b) Vesicants:
(1) B-Chlorovinyldichloroarsine (Lewisite, L).
(2) Bis(dichloroethyl)sulphide (Mustard Gas, HD or H).
(3) Ethyldichloroarsine (ED).
(4) Methyldichloroarsine (MD).
(c) Lachrymators and tear gases:
(1) A-Bromobenzyl cyanide (BBC).
(2) Chloroacetophenone (CN).
(3) Dibromodimethyl ether.
(4) Dichlorodimethyl ether (ClCi).
(5) Ethyldibromoarsine.
(6) Phenylcarbylamine chloride.
(7) Tear gas solutions (CNB and CNS).
(8) Tear gas orthochlorobenzalmalononitrile (CS).
(d) Sternutators and irritant smokes:
(1) Diphenylamine chloroarsine (Adamsite, DM).
(2) Diphenylchloroarsine (BA).
(3) Liquid pepper.
(e) Nerve agents, gases and aerosols. These are toxic compounds
which affect the nervous system, such as:
(1) Dimethylaminoethoxycyanophosphine oxide (GA).
(2) Methylisopropoxyfluorophosphine oxide (GB).
(3) Methylpinacolyloxyfluoriphosphine oxide (GD).
(f) Antiplant chemicals, such as: Butyl 2-chloro-4-
fluorophenoxyacetate (LNF).
Sec. 121.8 End-items, components, accessories, attachments, parts,
firmware, software and systems.
(a) An end-item is an assembled article ready for its intended use.
Only ammunition, fuel or another energy source is required to place it
in an operating state.
(b) A component is an item which is useful only when used in
conjunction with an end-item. A major component includes any assembled
element which forms a portion of an end-item without which the end-item
is inoperable. (Example: Airframes, tail sections, transmissions, tank
treads, hulls, etc.) A minor component includes any assembled element of
a major component.
(c) Accessories and attachments are associated equipment for any
component, end-item or system, and which are not necessary for their
operation, but which enhance their usefulness or effectiveness.
(Examples: Military riflescopes, special paints, etc.)
(d) A part is any single unassembled element of a major or a minor
component, accessory, or attachment which is not normally subject to
disassembly without the destruction or the impairment of design use.
(Examples: Rivets, wire, bolts, etc.)
(e) Firmware and any related unique support tools (such as
computers, linkers, editors, test case generators, diagnostic checkers,
library of functions and system test diagnostics) specifically designed
for equipment or systems covered under any category of the U.S.
Munitions List are considered as part of the end-item or component.
Firmware includes but is not limited to circuits into which software has
been programmed.
(f) Software includes but is not limited to the system functional
design, logic flow, algorithms, application programs, operating systems
and support software for design, implementation, test, operation,
diagnosis and repair. A person who intends to export software only
should, unless it is specifically enumerated in Sec. 121.1 (e.g.,
XIII(b)), apply for a technical data license pursuant to part 125 of
this subchapter.
(g) A system is a combination of end-items, components, parts,
accessories, attachments, firmware or software, specifically designed,
modified or adapted to operate together to perform a specialized
military function.
Sec. 121.9 Firearms.
(a) Category I includes revolvers, pistols, rifles, carbines, fully
automatic rifles, submachine guns, machine pistols and machine guns to
caliber .50, inclusive. It includes combat shotguns. It excludes other
shotguns with barrels
[[Page 343]]
18'' or longer, BB, pellet, and muzzle loading (black powder) firearms.
(b) A firearm is a weapon not over .50 caliber which is designed to
expel a projectile by the action of an explosive or which may be readily
converted to do so.
(c) A rifle is a shoulder firearm which can discharge a bullet
through a rifled barrel 16 inches or longer.
(d) A carbine is a lightweight shoulder firearm with a barrel under
16 inches in length.
(e) A pistol is a hand-operated firearm having a chamber integral
with or permanently aligned with the bore.
(f) A revolver is a hand-operated firearm with a revolving cylinder
containing chambers for individual cartridges.
(g) A submachine gun, ``machine pistol'' or ``machine gun'' is a
firearm originally designed to fire, or capable of being fired, fully
automatically by a single pull of the trigger.
Sec. 121.10 Forgings, castings and machined bodies.
Articles on the U.S. Munitions List include articles in a partially
completed state (such as forgings, castings, extrusions and machined
bodies) which have reached a stage in manufacture where they are clearly
identifiable as defense articles. If the end-item is an article on the
U.S. Munitions List (including components, accessories, attachments and
parts as defined in Sec. 121.8), then the particular forging, casting,
extrusion, machined body, etc., is considered a defense article subject
to the controls of this subchapter, except for such items as are in
normal commercial use.
Sec. 121.11 Military demolition blocks and blasting caps.
Military demolition blocks and blasting caps referred to in Category
IV(a) do not include the following articles:
(a) Electric squibs.
(b) No. 6 and No. 8 blasting caps, including electric ones.
(c) Delay electric blasting caps (including No. 6 and No. 8
millisecond ones).
(d) Seismograph electric blasting caps (including SSS, Static-
Master, Vibrocap SR, and SEISMO SR).
(e) Oil well perforating devices.
Sec. 121.12 Military explosives and propellants.
(a) Military Explosives in Category V are military explosives or
energetic materials consisting of high explosives, propellants or low
explosives, pyrotechnics and high energy solid or liquid fuels,
including aircraft fuels specially formulated for military purposes.
Military explosives are solid, liquid or gaseous substances or mixtures
of substances which, in their application as primary, booster or main
charges in warheads, demolition and other military applications, are
required to detonate.
Military explosives, military propellants and military pyrotechnics
in Category V include substances or mixtures containing any of the
following:
(1) Spherical aluminum powder of particle size 60 micrometres or
less manufactured from material with an aluminum content of 99% or more;
(2) Metal fuels in particle sizes less than 60 micrometres whether
spherical, atomized, spheroidal, flaked or ground, manufactured from
material consisting of 99% or more of any of the following: Zirconium,
magnesium and alloys of these; beryllium; fine iron powder with average
particle size of 3 micrometres or less produced by reduction of iron
oxide with hydrogen; boron or boron carbide fuels of 85% purity or
higher and average particle size of 60 micrometers or less;
(3) Any of the foregoing metals or alloys of paragraphs (a) (1) and
(2) of this section, whether or not encapsulated in aluminum, magnesium,
zirconium or beryllium;
(4) Perchlorates, chlorates and chromates composited with powered
metal or other high energy fuel components;
(5) Nitroganidine (NQ);
(6) With the exception of chlorinetrifluoride, compounds composed of
fluorine and one or more of the following: Other halogens, oxygen,
nitrogen;
(7) Carboranes; decaborane; pentaborane and derivatives;
(8) Cyclotetramethylenetetranitramine (HMX); octahydro-1,3,5,7-
tetranitro-1,3,5,7-tetrazine; 1,3,5,7-tetranitro-
[[Page 344]]
1,3,5,7-tetraza-cyclooctane; (octogen, octogene);
(9) Hexanitrostilbene (HNS);
(10) Diaminotrinitrobenzene (DATB);
(11) Triaminotrinitrobenzene (TATB);
(12) Triaminoguanidinenitrate (TAGN);
(13) Titanium subhydride of stiochiometry TiH 0.65-168;
(14) Dinitroglycoluril (DNGU, DNGU); tetranitroglycoluril (TNGU,
SORGUYL);
(15) Tetranitrobenzotriazolobenzotriazole (TACOT);
(16) Diaminohexanitrobiphenyl (DIPAM);
(17) Picrylaminodinitropyridine (PYX);
(18) 3-nitro-1,2,4-triazol-5-one (NTO or ONTA);
(19) Hydrazine in concentrations of 70% or more; hydrazine nitrate;
hydrazine perchlorates; unsymmetrical dimethyl hydrazine; monomethyl
hydrazine; symmetrical dimethyl hydrazine;
(20) Ammonium perchlorate;
(21) 2-(5-cyanotetrozolato) penta amminecobalt (III) perchlorate
(CP);
(22) cis-bis (5-nitrotetrazolato) penta amminechobalt (III)
perchlorate (or BNCP);
(23) 7-amino 4,6-dinitrobenzofurazane-1-oxide (ADNBF); amino
dinitrobenzofuroxan;
(24) 5,7-diamino-4,6-dinitrobenzofurazane-1-oxide, (CL-14 or
diaminodinitrobenzofurozan);
(25) 2,4,6-trinitro-2,4,6-triaza-cyclo-hexanone (K-6 or keto-RDX);
(26) 2,4,6,8-tetranitro-2,4,6,8-tetraaza-bicyclo (3,3,0)-octanone-
3(tetranitrosemiglycouril, K-55, or keto-bicyclic HMX);
(27) 1,1,3-trinitroazetidine (TNAZ);
(28) 1,4,5,8-tetranitro-1,4,5,8-tetraazadecalin (TNAD);
(29) Hexanitrohexaazaisowurtzitane (CL-20 or NNIW; and chlathrates
of CL-20);
(30) Polynitrocubanes with more than four nitro groups;
(31) Ammonium dinitramide (ADN or SR-12);
(32) Cyclotrimethylentrinitramine (RDX); cyclonite; T4; hexahydro-
1,3,5-trinitro-1,3,5-triazine; 1,3,5-trinitro-1,3,5-triaza-cyclohexane;
hexogen, hexogene;
(33) Hydroxylammonium nitrate (HAN); hydroxylammonium perchlorate
(HAP);
(34) Hydroxy terminated Polybutadiene (HTPB) with a hydroxyl
functionality of less than 2.28, a hydroxyl value of less than 0.77 meq/
g, and a viscosity at 30 degrees C of less than 47 poise;
(b) ``Additives'' include the following:
(1) Glycidylazide Polymer (GAP) and its derivatives;
(2) Polycyanodifluoroamino-
ethyleneoxide (PCDE);
(3) Butanetrioltrinitrate (BTTN);
(4) Bis-2-Fluoro-2,2-dinitroethylformal (FEFO);
(5) Butadienenitrileoxide (BNO);
(6) Catocene, N-butyl-ferrocene and other ferrocene derivatives;
(7) 3-nitraza-1,5 pentane diisocyanate;
(8) Bis(2,2-dinitropropyl) formal and acetal;
(9) Energetic monomers, plasticisers and polymers containing nitro,
azido, nitrate, nitraza or difluroamino groups;
(10) 1,2,3-Tris [1,2-bis(difluoroamino)ethoxy] propane; Tris vinoxy
propane adduct, (TVOPA);
(11) Bisazidomethyloxetane and its polymers;
(12) Nitratomethylmethyloxetane or poly (3-nitratomethyl, 3-methyl
oxetane); (Poly-NIMMO); (NMMO);
(13) Azidomethylmethyloxetane (AMMO) and its polymers;
(14) Tetraethylenepentamine-
acrylonitrile (TEPAN); cyanoethylated polyamine and its salts;
(15) Polynitroorthocarbonates;
(16) Tetraethylenepentamine-
acrylonitrileglycidol (TEPANOL); cyanoethylated polyamine adducted with
glycidol and its salts;
(17) Polyfunctional aziridine amides with isophthalic, trimesic BITA
or butylene imine trimesamide isoyanuric, or trimethyladipic backbone
structures and 2-methyl or 2-ethyl substitutions on the aziridine ring;
(18) Basic copper salicylate; lead salicylate;
(19) Lead beta resorcylate;
(20) Lead stannate, lead maleate, lead citrate;
(21) Tris-1-(2-methyl)aziridinyl phosphine oxide (MAPO), bis(2-
methyl aziridinyl) 2-(2-hydroxypropanoxy)
[[Page 345]]
propylamino phosphine oxide (BOBBA 8), and other MAPO derivatives;
(22) Bis(2-methyl aziridinyl) methylamino phosphine oxide (methyl
BAPO);
(23) Organo-metallic coupling agents, specifically:
(i) Neopentyl (diallyl) oxy, tri [dioctyl] phosphato titanate or
titanium IV, 2,2[bis 2-propenolatomethyl, butanolato or tris [dioctyl]
phosphato-O], or LICA 12;
(ii) Titanium IV, [(2-propenolato-1)methyl, N-propanolatemethyl]
butanolato-1 or tris(dioctyl)pyrophosphato, or KR3538;
(iii) Titanium IV, [2-propenolato-1)methyl, N-propanolatomethyl]
butanolato-1; or tris(dioctyl) phosphate;
(24) FPF-1 poly-2,2,3,3,4,4-hexafluoro pentane-1,5-diolformal;
(25) FPF-3 poly-2,4,4,5,5,6,6-heptafluoro-2-trifluoromethyl-3-
oxaheptane-1,7-diolformal;
(26) Polyglycidylnitrate (PGN) or poly(nitratomethyl oxirane);
(poly-GLYN) (PGN);
(27) Lead-copper chelates of beta-resorcylate and/or salicylates;
(28) Triphenyl bismuth (TPB);
(29) bis-2-hydroxyethylglycolamide (BHEGA);
(30) Superfine iron oxide (Fe<INF>2</INF>O<INF>3</INF> hematite)
with a specific surface area greater than 250 m<SUP>2</SUP>/g and an
average particle size of 0.003 micrometres or less;
(31) N-methyl-p-nitroaniline;
(c) ``Precursors'' include the following:
(1) 1,2,4-trihydroxybutane (1,2,4-butanetriol);
(2) Guanidine nitrate;
(3) 1,3,5-trichlorobenzene;
(4) Bischloromethyloxetane (BCMO);
(5) Low (less than 10,000) molecular weight, alcohol-functionalised,
poly(ephichlorohydrin); poly(ephichlorhydrindiol); and triol;
(6) Propyleneimide, 2-methylaziridine;
(7) 1,3,5,7,-tetraacetyl-1,3,5,7-tetraaza-cyclooctane (TAT);
(8) Dinitroazetidine-t-butyl salt;
(9) Hexabenzylhexaazaisowurtzitane (HBIW);
(10) Tetraacetyldibenzylhexa-
azaisowurtzitane (TAIW);
(11) 1,4,5,8-tetraazadecaline.
(d) Military high energy solid or liquid fuels specially formulated
for military purposes: (1) Aircraft fuels controlled by Sec. 121.12(a)
are finished products not their independent constituents. (2) military
materials containing thickeners for hydrocarbon fuels specially
formulated for use in flamethrowers or incendiary munitions; metal
stearates or palmates (also known as octol); and M1, M2 and M3
thickeners;
(e) Any substance, or mixture meeting the following performance
requirements:
(1) Any explosive with a detonation velocity greater than 8,700 m/s
or a detonation pressure greater than 340 kilobars;
(2) Other organic high explosives yielding detonation pressures of
250 kilobars or greater that will remain stable at temperatures of 523 K
(250 degrees C) or higher for periods of 5 minutes or longer;
(3) Any other UN Class 1.1 solid propellant with a theoretical
specific impulse (under standard conditions) greater than 250 seconds
for non-metallized, or greater than 270 seconds for aluminized
compositions;
(4) Any UN Class 1.3 solid propellant with a theoretical specific
impulse greater than 230 seconds for non-halogenized, 250 seconds for
non-metallized and 266 seconds for metallized compositions;
(5) Any other explosive, propellant or pyrotechnic that can sustain
a steady-state burning rate greater than 38mm (1.5 in) per second under
standard conditions of 68.9 bar (1,000 PSI) pressure and 294K (21
degrees C);
(6) Any other gun propellants having a force constant greater than
1,200 kJ/kg;
(7) Elastomer modified cast double based propellants (EMCDB) with
extensibility at maximum stress greater than 5% at 233 K (-40 degrees
C).
(f) Liquid oxidizers comprised of or containing the following:
(1) Inhibited red fuming nitric acid (IRFNA));
(2) Oxygen difluoride.
Note: Category V includes the following substances when compounded
or mixed with
[[Page 346]]
military explosives, fuels or propellants controlled under this
category:
--Ammonium picrate
--Black powder
--Hexanitrodiphenylamine
--Difluoroamine (HNF2)
--Nitrostarch
--Potassium nitrate
--Tetranitronaphthalene
--Trinitroanisol
--Trinitronaphthalene
--Trinitroxylene
--Fuming nitric acid non-inhibited and non-enriched
--Acetylene
--Propane
--Liquid oxygen
--Hydrogen peroxide in concentrations less than 85%
--Misch metal
--N-pyrrolidinone and l-methyl-2-pyrrolidinone
--Dioctylmaleate
--Ethylhexylacrylate
--Triethylaluminum (TEA), trimethylaluminum (TMA) and other pyrophoric
metal alkyls and aryls of lithium, sodium, magnesium, zinc or boron
--Nitrocellulose
--Nitroglycerin (or glyceroltrinitrate, trinitroglycerine (NG)
--2,4,6 trinitrotoluene (TNT)
--Pentaerythritol tetranitrate (PETN)
--Trinitrophenylmethylnitramine (Tetryl)
--Ethylenediaminedinitrate (EDDN)
--Lead azide, normal and basic lead styphnate, and primary explosives or
priming composition containing azides or azide complexes
--Triethyleneglycoldinitrate (TEGDN)
--2,4,6-trinitroresorcinol (styphnic acid)
--Diethyldiphenyl urea, dimethyldiphenyl urea and methylethyldiphenyl
urea (Centralites)
--N,N-diphenylurea (unsymmetrical diphenylurea)
--Methyl-N,N-diphenylurea (methyl unsymmetrical diphenylurea)
--Ethyl-N,N-diphenylurea (ethyl unsymmetrical diphenylurea)
--2-nitrodiphenylamine (2-NDPA)
--4-nitrodiphenylamine (4-NDPA)
--2,2-dinitropropanol
--Chlorinetrifluoride.
[58 FR 60113, Nov. 15, 1993]
Sec. 121.13 Military fuel thickeners.
Military fuel thickeners in Category V include compounds (e.g.,
octal) or mixtures of such compounds (e.g., napalm) specifically
formulated for the purpose of producing materials which, when added to
petroleum products, provide a gel-type incendiary material for use in
bombs, projectiles, flame throwers, or other defense articles.
Sec. 121.14 [Reserved]
Sec. 121.15 Vessels of war and special naval equipment.
Vessels of war means vessels, waterborne or submersible, designed,
modified or equipped for military purposes, including vessels described
as developmental, ``demilitarized'' or decommissioned. Vessels of war in
Category VI, whether developmental, ``demilitarized'' and/or
decommissioned or not, include, but are not limited to, the following:
(a) Combatant vessels: (1) Warships (including nuclear-powered
versions):
(i) Aircraft carriers.
(ii) Battleships.
(iii) Cruisers.
(iv) Destroyers.
(v) Frigates.
(vi) Submarines.
(2) Other Combatants:
(i) Patrol Combatants (e.g., including but not limited to PHM).
(ii) Amphibious Aircraft/Landing Craft Carriers.
(iii) Amphibious Materiel/Landing Craft Carriers.
(iv) Amphibious Command Ships.
(v) Mine Warfare Ships.
(vi) Coast Guard Cutters (e.g., including but not limited to: WHEC,
WMEC).
(b) Combatant Craft: (1) Patrol Craft (patrol craft described in
Sec. 121.1, Category VI, paragraph (b) are considered non-combatant):
(i) Coastal Patrol Combatants.
(ii) River, Roadstead Craft (including swimmer delivery craft).
(iii) Coast Guard Patrol Craft (e.g., including but not limited to
WPB).
(2) Amphibious Warfare Craft:
(i) Landing Craft (e.g., including but not limited to LCAC).
(ii) Special Warfare Craft (e.g., including but not limited to:
LSSC, MSSC, SDV, SWCL, SWCM).
(3) Mine Warfare Craft and Mine Countermeasures Craft (e.g.,
including but not limited to: MCT, MSB).
(c) Non-Combatant Auxiliary Vessels and Support Ships:
(1) Combat Logistics Support:
(i) Underway Replenishment Ships.
(ii) Surface Vessel and Submarine Tender/Repair Ships.
[[Page 347]]
(2) Support Ships:
(i) Submarine Rescue Ships.
(ii) Other Auxiliaries (e.g., including but not limited to: AGDS,
AGF, AGM, AGOR, AGOS, AH, AP, ARL, AVB, AVM, AVT).
(d) Non-Combatant Support, Service and Miscellaneous Vessels (e.g.,
including but not limited to: DSRV, DSV, NR, YRR).
[58 FR 60115, Nov. 15, 1993]
Sec. 121.16 Missile Technology Control Regime Annex.
Some of the items on the Missile Technology Control Regime Annex are
controlled by both the Department of Commerce on the Commodity Control
List and by the Department of State on the United States Munitions List.
To the extent an article is on the United States Munitions List, a
reference appears in parentheses listing the U.S. Munitions List
category in which it appears. The following items constitute all items
on the Missile Technology Control Regime Annex which are covered by the
U.S. Munitions List:
Item 1--Category I
Complete rocket systems (including ballistic missile systems, space
launch vehicles, and sounding rockets (see Sec. 121.1, Cat. IV(a) and
(b)) and unmanned air vehicle systems (including cruise missile systems
see Sec. 121.1, Cat. VIII (a), target drones and reconnaisance drones
(see Sec. 121.1, Cat. VIII (a)) capable of delivering at least a 500 kg
payload to a range of at least 300 km.
Item 2--Cateogry I
Complete subsystems usable in the systems in Item 1 as follows:
(a) Individual rocket stages (see Sec. 121.1, Cat. IV(h));
(b) Reentry vehicles (see Sec. 121.1, Cat. IV(g)), and equipment
designed or modified therefor, as follows, except as provided in Note
(1) below for those designed for non-weapon payloads;
(1) Heat shields and components thereof fabricated of ceramic or
ablative materials (see Sec. 121.1, Cat. IV(f));
(2) Heat sinks and components thereof fabricated of light-weight,
high heat capacity materials;
(3) Electronic equipment specially designed for reentry vehicles
(see Sec. 121.1, Cat. XI(a)(7));
(c) Solid or liquid propellant rocket engines, having a total
impulse capacity of 1.1 x 10 N-sec (2.5 x 10 lb-sec) or greater (see
Sec. 121.1, Cat. IV, (h)).
(d) ``Guidance sets'' capable of achieving system accuracy of 3.33
percent or less of the range (e.g., a CEP of 1 j,. or less at a range of
300 km), except as provided in Note (1) below for those designed for
missiles with a range under 300 km or manned aircraft (see Sec. 121.1,
Cat. XII(d));
|