[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR121.1]
[Page 429-444]
TITLE 22--FOREIGN RELATIONS
CHAPTER I--DEPARTMENT OF STATE
PART 121_THE UNITED STATES MUNITIONS LIST--Table of Contents
Sec. 121.1 General. 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 [Reserved]
121.5 Apparatus and devices under Category IV(c).
121.6-121.7 [Reserved]
121.8 End-items, components, accessories, attachments, parts, firmware,
software and systems.
121.9 [Reserved]
121.10 Forgings, castings and machined bodies.
121.11 Military demolition blocks and blasting caps.
121.12-121.14 [Reserved]
121.15 Vessels of war and special naval equipment.
121.16 Missile Technology Control Regime Annex.
Authority: Sec. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22
U.S.C. 2752, 2278, 2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp. p.
79; 22 U.S.C. 2658; Pub. L. 105-261, 112 Stat. 1920.
Source: 58 FR 39287, July 22, 1993, unless otherwise noted.
Enumeration of Articles
(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, Close Assault Weapons and Combat Shotguns
*(a) Nonautomatic and semi-automatic firearms to caliber .50
inclusive (12.7 mm).
*(b) Fully automatic firearms to .50 caliber inclusive (12.7 mm).
*(c) Firearms or other weapons (e.g. insurgency-counterinsurgency,
close assault weapons systems) having a special military application
regardless of caliber.
*(d) Combat shotguns. This includes any shotgun with a barrel length
less than 18 inches.
*(e) Silencers, mufflers, sound and flash suppressors for the
articles in (a) through (d) of this category and their specifically
designed, modified or adapted components and parts.
(f) Riflescopes manufactured to military specifications (See
category XII(c) for controls on night sighting devices.)
*(g) Barrels, cylinders, receivers (frames) or complete breech
mechanisms for the articles in paragraphs (a) through (d) of this
category.
(h) Components, parts, accessories and attachments for the articles
in paragraphs (a) through (g) of this category.
(i) 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 the defense articles enumerated in paragraphs (a)
through (h) of this category. 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.
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(j) The following interpretations explain and amplify the terms used
in this category and throughout this subchapter:
(1) A firearm is a weapon not over .50 caliber (12.7 mm) which is
designed to expel a projectile by the action of an explosive or which
may be readily converted to do so.
(2) A rifle is a shoulder firearm which can discharge a bullet
through a rifled barrel 16 inches or longer.
(3) A carbine is a lightweight shoulder firearm with a barrel under
16 inches in length.
(4) A pistol is a hand-operated firearm having a chamber integral
with or permanently aligned with the bore.
(5) A revolver is a hand-operated firearm with a revolving cylinder
containing chambers for individual cartridges.
(6) 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.
Note: This coverage by the U.S. Munitions List in paragraphs (a)
through (i) of this category excludes any non-combat shotgun with a
barrel length of 18 inches or longer, BB, pellet, and muzzle loading
(black powder) firearms. This category does not cover riflescopes and
sighting devices that are not manufactured to military specifications.
It also excludes accessories and attachments (e.g., belts, slings, after
market rubber grips, cleaning kits) for firearms that do not enhance the
usefulness, effectiveness, or capabilities of the firearm, components
and parts. The Department of Commerce regulates the export of such
items. See the Export Administration Regulations (15 CFR parts 730-799).
In addition, license exemptions for the items in this category are
available in various parts of this subchapter (e.g. Sec. Sec. 123.17,
123.18 and 125.4).
Category II--Guns and Armament
*(a) Guns over caliber .50 (12.7mm, whether towed, airborne, self-
propelled, or fixed, including but not limited to, howitzers, mortars,
cannons and recoilless rifles.
(b) Flame throwers specifically designed or modified for military
application.
(c) Apparatus and devices for launching or delivering ordnance,
other than those articles controlled in Category IV.
*(d) Kinetic energy weapon systems specifically designed or modified
for destruction or rendering mission-abort of a target.
(e) Signature control materials (e.g., parasitic, structural,
coatings, screening) techniques, and equipment specifically designed,
developed, configured, adapted or modified to alter or reduce the
signature (e.g., muzzle flash suppression, radar, infrared, visual,
laser/electro-optical, acoustic) of defense articles controlled by this
category.
*(f) Engines specifically designed or modified for the self-
propelled guns and howitzers in paragraph (a) of this category.
(g) Tooling and equipment specifically designed or modified for the
production of defense articles controlled by this category.
(h) Test and evaluation equipment and test models specifically
designed or modified for the articles controlled by this category. This
includes but is not limited to diagnostic instrumentation and physical
test models.
(i) Autoloading systems for electronic programming of projectile
function for the defense articles controlled in this Category.
(j) All other components, parts, accessories, attachments and
associated equipment specifically designed or modified for the articles
in paragraphs (a) through (i) of this category. This includes but is not
limited to mounts and carriages for the articles controlled in this
category.
(k) 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 the defense articles enumerated in paragraphs (a)
through (j) of this category. 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.
(l) The following interpretations explain and amplify the terms used
in this category and elsewhere in this subchapter:
(1) The kinetic energy weapons systems in paragraph (d) of this
category include but are not limited to:
(i) Launch systems and subsystems capable of accelerating masses
larger than 0.1g to velocities in excess of 1.6km/s, in single or rapid
fire modes, using methods such as: electromagnetic, electrothermal,
plasma, light gas, or chemical;
(ii) Prime power generation, electric armor, energy storage, thermal
management; conditioning, switching or fuel-handling equipment; and the
electrical interfaces between power supply gun and other turret electric
drive function;
(iii) Target acquisition, tracking fire control or damage assessment
systems; and
(iv) Homing seeker, guidance or divert propulsion (lateral
acceleration) systems for projectiles.
(2) The articles in this category include any end item, component,
accessory, attachment part, firmware, software or system that has been
designed or manufactured using technical data and defense services
controlled by this category.
(3) The articles specifically designed or modified for military
application controlled in this category include any article specifically
developed, configured, or adapted for military application.
Category III--Ammunition/Ordnance
*(a) Ammunition/ordnance for the articles in Categories I and II of
this section.
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(b) Ammunition/ordnance handling equipment specifically designed or
modified for the articles controlled in this category, such as, belting,
linking, and de-linking equipment.
(c) Equipment and tooling specifically designed or modified for the
production of defense articles controlled by this category.
(d) Components, parts, accessories, attachments and associated
equipment specifically designed or modified for the articles in this
category:
*(1) Guidance and control components for the articles in paragraph
(a) of this category;
*(2) Safing, arming and fuzing components (including target
detection and localization devices) for the articles in paragraph (a) of
this category; and
(3) All other components, parts, accessories, attachments and
associated equipment for the articles in paragraphs (a) through (c) of
this category.
(e) 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 the defense articles enumerated in paragraphs (a)
through (d) of this category. 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.
(f) The following explains and amplifies the terms used in this
category and elsewhere in this subchapter:
(1) The components, parts, accessories and attachments controlled in
this category include, but are not limited to cartridge cases, powder
bags (or other propellant charges), bullets, jackets, cores, shells
(excluding shotgun shells), projectiles (including canister rounds and
submunitions therefor), boosters, firing components therefor, primers,
and other detonating devices for the defense articles controlled in this
category.
(2) This category does not control cartridge and shell casings that,
prior to export, 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.
(3) Equipment and tooling in paragraph (c) of this category does not
include equipment for hand-loading ammunition.
(4) The articles in this category include any end item, component,
accessory, attachment, part, firmware, software, or system that has been
designed or manufactured using technical data and defense services
controlled by this category.
(5) The articles specifically designed or modified for military
application controlled in this category include any article specifically
developed, configured, or adapted for military application
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 and Energetic Materials, Propellants, Incendiary
Agents and Their Constituents
*(a) Explosives, and mixtures thereof: (1) ADNBF
(aminodinitrobenzofuroxan or 7-Amino 4,6-dinitrobenzofurazanr-1-oxide)
(CAS 97096-78-1);
(2) BNCP (cis-bis (5-nitrotetrazolato) tetra amine-cobalt (III)
perchlorate);
(3) CL-14 (diamino dinitrobenzofuroxan or 5,7-diamino-4,6-
dinitrobenzofurazane-1-oxide) (CAS 117907-74-1);
(4) CL-20 (HNIW or Hexanitrohexaazaisowurtzitane); (CAS 135285-90-
4); chlathrates of CL-20 (see paragraphs (g)(3) and (4) of this
category);
(5) CP (2-(5-cyanotetrozolato) penta aminecobalt (III) perchlorate);
(CAS 70247-32-4);
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(6) DADE (1,1-diamino-2,2-dinitroethylene, FOX7);
(7) DDFP (1,4-dinitrodifurazanopiperazine);
(8) DDPO (2,6-diamino-3,5-dinitropyrazine-1-oxide, PZO); (CAS
194486-77-6);
(9) DIPAM (3,3'-Diamino-2,2',4,4',6,6'-hexanitrobiphenyl or
dipicrimide) (CAS 17215-44-0);
(10) DNGU (DINGU or dinitroglycoluril) (CAS 55510-04-8);
(11) Furazans, as follows:
(i) DAAOF (diaminoazoxyfurazan);
(ii) DAAzF (diaminoazofurazan) (CAS 78644-90-3);
(12) HMX and derivatives (see paragraph (g)(5) of this category):
(i) HMX (Cyclotetramethylenetetranitramine; octahydro-1,3,5,7-
tetranitro-1,3,5,7-tetrazine; 1,3,5,7-tetranitro-1,3,5,7-tetraza-
cyclooctane; octogen, octogene) (CAS 2691-41-0);
(ii) Diflouroaminated analogs of HMX;
(iii) K-55 (2,4,6,8-tetranitro-2,4,6,8-tetraazabicyclo [3,3,0]-
octanone-3, tetranitrosemiglycouril, or keto-bicyclic HMX) (CAS 130256-
72-3);
(13) HNAD (hexanitroadamantane) (CAS 143850-71-9);
(14) HNS (hexanitrostilbene) (CAS 20062-22-0);
(15) Imidazoles, as follows:
(i) BNNI (Octohydro-2,5-bis(nitroimino) imidazo [4,5-d]Imidazole);
(ii) DNI (2,4-dinitroimidazole) (CAS 5213-49-0);
(iii) FDIA (1-fluoro-2,4-dinitroimidazole);
(iv) NTDNIA (N-(2-nitrotriazolo)-2,4-dinitro-imidazole);
(v) PTIA (1-picryl-2,4,5-trinitroimidazole);
(16) NTNMH (1-(2-nitrotriazolo)-2-dinitromethylene hydrazine);
(17) NTO (ONTA or 3-nitro-1,2,4-triazol-5-one) (CAS 932-64-9);
(18) Polynitrocubanes with more than four nitro groups;
(19) PYX (2,6-Bis(picrylamino)-3,5-dinitropyridine) (CAS 38082-89-
2);
(20) RDX and derivatives:
(i) RDX (cyclotrimethylentrinitramine), cyclonite, T4, hexahydro-
1,3,5-trinitro-1,3,5-triazine, 1,3,5-trinitro-1,3,5-triaza-cyclohexane,
hexogen, or hexogene) (CAS 121-84-4);
(ii) Keto-RDX (K-6 or 2,4,6-trinitro-2,4,6-triazacyclohexanone (CAS
115029-35-1);
(21) TAGN (Triaminoguanidinenitrate) (CAS 4000-16-2);
(22) TATB (Triaminotrinitrobenzene) (CAS 3058-38-6) (see paragraph
(g)(7) of this category);
(23) TEDDZ (3,3,7,7-tetrabis(difluoroamine) octahydro-1,5-dinitro-
1,5-diazocine;
(24) Tetrazoles, as follows:
(i) NTAT (nitrotriazol aminotetrazole);
(ii) NTNT (1-N-(2-nitrotriazolo)-4-nitrotrazole);
(25) Tetryl (trinitrophenylmethylnitramine) (CAS 479-45-8);
(26) TNAD (1,4,5,8-tetranitro-1,4,5,8-tetraazadecalin) (CAS 135877-
16-6)(see paragraph (g)(6) of this category);
(27) TNAZ (1,1,3-trinitroazetidine) (CAS 97645-24-4) (see paragraph
(g)(2) of this category);
(28) TNGU (SORGUYL or tetranitroglycoluril) (CAS 55510-03-7);
(29) TNP (1,4,5,8-tetranitropyridazine (CAS 229176-04-9);
(30) Triazines, as follows:
(i) DNAM (2-oxy-4,6-dinitroamino-s-triazine) (CAS 19899-80-0);
(ii) NNHT (2-nitroimino-5-nitro-hexahydro-1,3,5 triazine) (CAS
130400-13-4);
(31) Triazoles, as follows:
(i) 5-azido-2-nitratriazole;
(ii) ADHTDN (4-amino-3,5-hihydrazino-1,2,4-triazole dinitramide)
(CAS 1614-08-0);
(iii) ADNT (1-amino-3,5-dinitro-1,2,4-triazole);
(iv) BDTNTA ([Bis-dinitrotriazole]amine);
(v) DBT (3,3'-dinitro-5,5-bi-1,2,4-triazole) (CAS 30003-46-4);
(vi) DNBT (dinitrobistriazole) (CAS 70890-46-9);
(vii) NTDNA (2-nitrotriazole 5-dinitramide);
(viii) NTDNT (1-N-(2-nitrotriazolo) 3,5-dinitro-triazole);
(ix) PDNT (1-picryl-3,5-dinitrotriazole);
(x) TACOT (tetranitrobenzotriazolobenzotriazole) (CAS 25243-36-1);
(32) Any explosive not listed elsewhere in paragraph (a) of this
category with a detonation velocity exceeding 8,700m/s at maximum
density or a detonation pressure exceeding 34 Gpa (340 kbar).
(33) Other organic explosives not listed elsewhere in paragraph (a)
of this category yielding detonation pressures of 25 Gpa (250 kbar) or
more that will remain stable at temperatures of 523K (250[deg]C) or
higher for periods of 5 minutes or longer;
(34) Diaminotrinitrobenzene (DATB);
(35) Any other explosive not elsewhere identified in this category
specifically designed, modified, adapted, or configured (e.g.,
formulated) for military application.
* (b) Propellants:
(1) Any United Nations (UN) Class 1.1 solid propellant with a
theoretical specific impulse (under standard conditions) of more than
250 seconds for non-metallized, or 270 seconds for metallized
compositions;
(2) Any UN Class 1.3 solid propellant with a theoretical specific
impulse (under standard conditions) of more than 230 seconds for non-
halogenized, or 250 seconds for non-metallized compositions;
(3) Propellants having a force constant of more than 1,200 kJ/Kg;
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(4) Propellants that can sustain a steady-state burning rate more
than 38mm/s under standard conditions (as measured in the form of an
inhibited single strand) of 6.89 Mpa (68.9 bar) pressure and 294K
(21[deg]C);
(5) Elastomer modified cast double based propellants with
extensibility at maximum stress greater than 5% at 233 K (-40C);
(6) Any propellant containing substances listed in Category V;
(7) Any other propellant not elsewhere identified in this category
specifically designed, modified, adapted, or configured (e.g.,
formulated) for military application.
(c) Pyrotechnics, fuels and related substances, and mixtures
thereof:
(1) Alane (aluminum hydride)(CAS 7784-21-6);
(2) Carboranes; decaborane (CAS 17702-41-9); pentaborane and
derivatives thereof;
(3) Hydrazine and derivatives:
(i) Hydrazine (CAS 302-01-2) in concentrations of 70% or more (not
hydrazine mixtures specially formulated for corrosion control);
(ii) Monomethyl hydrazine (CAS 60-34-4);
(iii) Symmetrical dimethyl hydrazine (CAS 540-73-8);
(iv) Unsymmetrical dimethyl hydrazine (CAS 57-14-7);
(4) Liquid fuels specifically formulated for use by articles covered
by Categories IV, VI, and VIII;
(5) Spherical aluminum powder (CAS 7429-90-5) in particle sizes of
60 micrometers or less manufactured from material with an aluminum
content of 99% or more;
(6) Metal fuels in particle form whether spherical, atomized,
spheroidal, flaked or ground, manufactured from material consisting of
99% or more of any of the following:
(i) Metals and mixtures thereof:
(A) Beryllium (CAS 7440-41-7) in particle sizes of less than 60
micrometers;
(B) Iron powder (CAS 7439-89-6) with particle size of 3 micrometers
or less produced by reduction of iron oxide with hydrogen;
(ii) Mixtures, which contain any of the following:
(A) Boron (CAS 7440-42-8) or boron carbide (CAS 12069-32-8) fuels of
85% purity or higher and particle sizes of less than 60 micrometers;
(B) Zirconium (CAS 7440-67-7), magnesium (CAS 7439-95-4) or alloys
of these in particle sizes of less than 60 micrometers;
(iii) Explosives and fuels containing the metals or alloys listed in
paragraphs (c)(6)(i) and (c)(6)(ii) of this category whether or not the
metals or alloys are encapsulated in aluminum, magnesium, zirconium, or
beryllium;
(7) Pyrotechnics and pyrophoric materials specifically formulated
for military purposes to enhance or control the production of radiated
energy in any part of the IR spectrum.
(8) Titanium subhydride (TiHn) of stoichiometry
equivalent to n = 0.65-1.68;
(9) Military materials containing thickeners for hydrocarbon fuels
specially formulated for use in flame throwers or incendiary munitions;
metal stearates or palmates (also known s octol); and M1, M2 and M3
thickeners;
(10) Any other pyrotechnic, fuel and related substance and mixture
thereof not elsewhere identified in this category specifically designed,
modified, adapted, or configured (e.g., formulated) for military
application.
(d) Oxidizers, to include:
(1) ADN (ammonium dinitramide or SR-12) (CAS 140456-78-6);
(2) AP (ammonium perchlorate) (CAS 7790-98-9);
(3) BDNPN (bis,2,2-dinitropropylnitrate) (CAS 28464-24-6);
(4) DNAD (1,3-dinitro-1,3-diazetidine) (CAS 78246-06-7);
(5) HAN (Hydroxylammonium nitrate) (CAS 13465-08-2);
(6) HAP (hydroxylammonium perchlorate) (CAS 15588-62-2);
(7) HNF (Hydrazinium nitroformate) (CAS 20773-28-8);
(8) Hydrazine nitrate (CAS 37836-27-4);
(9) Hydrazine perchlorate (CAS 27978-54-7);
(10) Liquid oxidizers comprised of or containing inhibited red
fuming nitric acid (IRFNA) (CAS 8007-58-7) or oxygen diflouride;
(11) Perchlorates, chlorates, and chromates composited with powdered
metal or other high energy fuel components controlled by this category;
(12) Any other oxidizer not elsewhere identified in this category
specifically designed, modified, adapted, or configured (e.g.,
formulated) for military application.
* (e) Binders, and mixtures thereof:
(1) AMMO (azidomethylmethyloxetane and its polymers) (CAS 90683-29-
7) (see paragraph (g)(1) of this category);
(2) BAMO (bisazidomethyloxetane and its polymers) (CAS 17607-204)
(see paragraph (g)(1) of this category);
(3) BTTN (butanetrioltrinitrate) (CAS 6659-60-5) (see paragraph
(g)(8) of this category);
(4) FAMAO (3-difluoroaminomethyl-3-azidomethyl oxetane) and its
polymers;
(5) FEFO (bis-(2-fluoro-2,2-dinitroethyl)formal) (CAS 17003-79-1);
(6) GAP (glycidylazide polymer) (CAS 143178-24-9) and its
derivatives;
(7) HTPB (hydroxyl terminated polybutadiene) with a hydroxyl
functionality equal to or greater than 2.2 and less than or equal to
2.4, a hydroxyl value of less than 0.77 meq/g, and a viscosity at 30
[deg]C of less than 47 poise (CAS 69102-90-5);
(8) NENAS (nitratoethylnitramine compounds) (CAS 17096-47-8, 85068-
73-1 and 82486-82-6);
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(9) Poly-NIMMO (nitratomethylmethyloxetane (poly [3-nitratomethyl,
3-methyl oxetane] or (NMMO)) (CAS 84051-81-0);
(10) Energetic monomers, plasticizers and polymers containing nitro,
azido nitrate, nitraza or difluoromaino groups specially formulated for
military use;
(11) TVOPA 1,2,3-Tris [1,2-bis(difluoroamino) ethoxy]propane; tris
vinoxy propane adduct;
(12) Polynitrorthocarbonates;
(13) FPF-1 poly-2,2,3,3,4,4-hexafluoro pentane-1,5-diolformal;
(14) FPF-3 poly-2,4,4,5,5,6,6-heptafluoro-2-trifluoromethyl-3-
oxaheptane-1,7-dioformal;
(15) PGN (Polyglycidylnitrate or poly(nitratomethyl oxirane); poly-
GLYN);
(16) N-methyl-p-nitroaniline;
(17) Low (less than 10,000) molecular weight, alcohol-
functionalized, poly(epichlorohydrin); poly(epichlorohydrindiol); and
triol;
(18) Bis(2,2-dinitropropyl) formal and acetal;
(19) Any other binder and mixture thereof not elsewhere identified
in this category specifically designed, modified, adapted, or configured
(e.g., formulated) for military application.
(f) Additives:
(1) Basic copper salicylate (CAS 62320-94-9);
(2) BHEGA (Bis-(2-hydroxyethyl)glycolamide) (CAS 17409-41-5);
(3) Ferrocene Derivatives:
(i) Butacene (CAS 125856-62-4);
(ii) Catocene (2,2-Bis-ethylferrocenyl propane) (CAS 37206-42-1);
(iii) Ferrocene carboxylic acids;
(iv) n-butyl-ferrocene (CAS 319904-29-7);
(4) Lead beta-resorcylate (CAS 20936-32-7);
(5) Lead citrate (CAS 14450-60-3);
(6) Lead-copper chelates of beta-resorcylate or salicylates (CAS
68411-07-4);
(7) Lead maleate (CAS 19136-34-6);
(8) Lead salicylate (CAS 15748-73-9);
(9) Lead stannate (CAS 12036-31-6);
(10) MAPO (tris-1-(2-methyl)aziridinyl phosphine oxide) (CAS 57-39-
6); BOBBA-8 (bis(2-methyl aziridinyl) 2-(2-hydroxypropanoxy) propylamino
phosphine oxide); and other MAPO derivatives;
(11) Methyl BAPO (Bis(2-methyl aziridinyl) methylamino phosphine
oxide) (CAS 85068-72-0);
(12) 3-Nitraza-1,5 pentane diisocyanate (CAS 7406-61-9);
(13) Organo-metallic coupling agents, specifically:
(i) Neopentyl[diallyl]oxy, tri [dioctyl] phosphatotitanate (CAS
103850-22-2); also known as titanium IV, 2,2[bis 2-propenolato-methyl,
butanolato, tris (dioctyl) phosphato] (CAS 110438-25-0), or LICA 12 (CAS
103850-22-2);
(ii) Titanium IV, [(2-propenolato-1) methyl, n-propanolatomethyl]
butanolato-1, tris(dioctyl)pyrophosphate, or KR3538;
(iii) Titanium IV, [2-propenolato-1)methyl, propanolatomethyl]
butanolato-1, tris(dioctyl) phosphate;
(14) 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 and its polymers;
(15) Superfine iron oxide (Fe2O3 hematite)
with a specific surface area more than 250 m 2/g and an average particle
size of 0.003 [mu]m or less (CAS 1309-37-1);
(16) TEPAN (tetraethylenepentaamineacrylonitrile) (CAS 68412-45-3);
cyanoethylated polyamines and their salts;
(17) TEPANOL (Tetraethylene pentamineacryloni trileglycidol) (CAS
110445-33-5); cyanoethylated polyamines adducted with glycidol and their
salts;
(18) TPB (triphenyl bismuth) (CAS 603-33-8);
(19) PCDE (Polycyanodifluoroaminoethyleneoxide);
(20) BNO (Butadienenitrileoxide);
(21) Any other additive not elsewhere identified in this category
specifically designed, modified, adapted, or configured (e.g.,
formulated) for military application.
(g) Precursors, as follows:
(1) BCMO (bischloromethyloxetane) (CAS 142173-26-0) (see paragraphs
(e)(1) and (2) of this category);
(2) Dinitroazetidine-t-butyl salt (CAS 125735-38-8) (see paragraph
(a)(28) of this category);
(3) HBIW (hexabenzylhexaazaisowurtzitane) (CAS 124782-15-6) (see
paragraph (a)(4) of this category);
(4) TAIW (tetraacetyldibenzylhexa-azaisowurtzitane) (see paragraph
(a)(4) of this category);
(5) TAT (1,3,5,7-tetraacetyl-1,3,5,7-tetraaza-cyclooctane) (CAS
41378-98-7) (see paragraph (a)(13) of this category);
(6) Tetraazadecalin (CAS 5409-42-7) (see paragraph (a)(27) of this
category);
(7) 1,3,5-trichorobenzene (CAS 108-70-3) (see paragraph (a)(23) of
this category);
(8) 1,2,4-trihydroxybutane (1,2,4-butanetriol) (CAS 3068-00-6) (see
paragraph (e)(5) of this category);
(h) 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 numerated in paragraphs (a)
through (g) 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
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that are designated as Significant Military Equipment (SME) shall itself
be designated SME.
(i) The following interpretations explain and amplify the terms used
in this category and elsewhere in this subchapter.
(1) Category V contains explosives, energetic materials, propellants
and pyrotechnics and specially formulated fuels for aircraft, missile
and naval applications. Explosives are solid, liquid or gaseous
substances or mixtures of substances, which, in their primary, booster
or main charges in warheads, demolition or other military applications,
are required to detonate.
(2) Paragraph (c)(6)(ii)(A) of this category does not control boron
and boron carbide enriched with boron-10 (20% or more of total boron-10
content.
(3) The resulting product of the combination of any controlled or
non-controlled substance compounded or mixed with any item controlled by
this subchapter is also subject to the controls of this category.
Note 1: To assist the exporter, an item has been categorized by the
most common use. Also, a reference has been provided to the related
controlled precursors (e.g., see paragraph (a)(12) of this category).
Regardless of where the item has been placed in the category, all
exports are subject to the controls of this subchapter.
Note 2: Chemical Abstract Service (CAS) registry numbers do not
cover all the substances and mixtures controlled by this category. The
numbers are provided as examples to assist the government agencies in
the license review process and the exporter when completing their
license application and export documentation.
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.)
(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) Military trucks, trailers, hoists, and skids specifically
designed, modified, or equipped to mount or carry weapons of Categories
I, II and IV of this section or for carrying and handling the articles
in paragraph (a) of Categories III and IV of this section.
*(d) Military recovery vehicles.
*(e) Amphibious vehicles.
*(f) Engines specifically designed or modified for the vehicles in
paragraphs (a), (b), and (e) of this category.
(g) All specifically designed or modified components, parts,
accessories, attachments, and associated equipment for the articles in
this category, including but not limited to military bridges and deep
water fording kits.
(h) 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 the defense articles enumerated in paragraphs (a)
through (g) of this category. 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.
(i) The following explains and amplifies the terms used in this
category and elsewhere in this subchapter.
(1) An amphibious vehicle in paragraph (e) of this category is an
automotive vehicle or chassis which embodies all-wheel drive, is
equipped to meet special military requirements, and which has sealed
electrical system or adaptation features for deep water fording.
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(2) The articles in this category include any end item, component,
accessory, attachment part, firmware, software or system that has been
designed or manufactured using technical data and defense service
controlled by this category.
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).
Note: (1) Category XII(d) or Category VIII(e) does not include
quartz rate sensors if such items:
(i) Are integrated into and included as an integral part of a
commercial standby instrument system for use on civil aircraft prior to
export or exported solely for integration into such a commercial standby
instrument system, and
(ii) When the exporter has been informed in writing by the
Department of State that a specific quartz rate sensor or a quartz rate
sensor integrated into a commercial standby instrument system has been
determined to be subject to the licensing jurisdiction of the Department
of Commerce in accordance with this section.
(2) For controls in these circumstances, see the Commerce Control
List. In all other circumstances, quartz rate sensors remain under the
licensing jurisdiction of the Department of State under Category XII(d)
or Category VIII(e) of the U.S. Munitions List and subject to the
controls of the ITAR.
(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 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
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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) Components, parts, accessories, attachments, and associated
equipment specifically designed or modified for use with the articles in
paragraphs (a) and (b) of this category.
(d) Technical data (as defined in Sec. 120.10) and defense services
(as defined in Sec. 120.9 of this subchapter) directly related to the
defense articles enumerated in paragraphs (a) through (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 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
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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; 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, including equipment and software
for tracking, telemetry and control (TT&C) encryption and decryption.
(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.
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(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., 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, Including Chemical Agents,
Biological Agents, and Associated Equipment
* (a) Chemical agents, to include:
(1) Nerve agents:
(i) O-Alkyl (equal to or less than C10, including
cycloalkyl) alkyl (Methyl, Ethyl, n-Propyl or
Isopropyl)phosphonofluoridates, such as: Sarin (GB): O-Isopropyl
methylphosphonofluoridate (CAS 107-44-8) (CWC Schedule 1A); and Soman
(GD): O-Pinacolyl methylphosphonofluoridate (CAS 96-64-0) (CWC Schedule
1A);
(ii) O-Alkyl (equal to or less than C10, including
cycloalkyl) N,N-dialkyl (Methyl, Ethyl, n-Propyl or
Isopropyl)phosphoramidocyanidates, such as: Tabun (GA): O-Ethyl N, N-
dimethylphosphoramidocyanidate (CAS 77-81-6) (CWC Schedule 1A);
(iii) O-Alkyl (H or equal to or less than C10, including
cycloalkyl) S-2-dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl)aminoethyl
alkyl (Methyl, Ethyl, n-Propyl or Isopropyl)phosphonothiolates and
corresponding alkylated and protonated salts, such as: VX: O-Ethyl S-2-
diisopropylaminoethyl methyl phosphonothiolate (CAS 50782-69-9) (CWC
Schedule 1A);
(2) Amiton: O,O-Diethyl S-[2(diethylamino)ethyl] phosphorothiolate
and corresponding alkylated or protonated salts (CAS 78-53-5) (CWC
Schedule 2A);
(3) Vesicant agents:
(i) Sulfur mustards, such as: 2-Chloroethylchloromethylsulfide (CAS
2625-76-5) (CWC Schedule 1A); Bis(2-chloroethyl)sulfide (CAS 505-60-2)
(CWC Schedule 1A); Bis(2-chloroethylthio)methane (CAS 63839-13-6) (CWC
Schedule 1A); 1,2-bis (2-chloroethylthio)ethane (CAS 3563-36-8)
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(CWC Schedule 1A); 1,3-bis (2-chloroethylthio)-n-propane (CAS 63905-10-
2) (CWC Schedule 1A); 1,4-bis (2-chloroethylthio)-n-butane (CWC Schedule
1A); 1,5-bis (2-chloroethylthio)-n-pentane (CWC Schedule 1A); Bis (2-
chloroethylthiomethyl)ether (CWC Schedule 1A); Bis (2-
chloroethylthioethyl)ether (CAS 63918-89-8) (CWC Schedule 1A);
(ii) Lewisites, such as: 2-chlorovinyldichloroarsine (CAS 541-25-3)
(CWC Schedule 1A); Tris (2-chlorovinyl) arsine (CAS 40334-70-1) (CWC
Schedule 1A); Bis (2-chlorovinyl) chloroarsine (CAS 40334-69-8) (CWC
Schedule 1A);
(iii) Nitrogen mustards, such as: HN1: bis (2-chloroethyl)
ethylamine (CAS 538-07-8) (CWC Schedule 1A); HN2: bis (2-chloroethyl)
methylamine (CAS 51-75-2) (CWC Schedule 1A); HN3: tris (2-
chloroethyl)amine (CAS 555-77-1) (CWC Schedule 1A);
(iv) Ethyldichloroarsine (ED);
(v) Methyldichloroarsine (MD);
(4) Incapacitating agents, such as:
(i) 3-Quinuclindinyl benzilate (BZ) (CAS 6581-06-2) (CWC Schedule
2A);
(ii) Diphenylchloroarsine (DA) (CAS 712-48-1);
(iii) Diphenylcyanoarsine (DC);
* (b) Biological agents and biologically derived substances
specifically developed, configured, adapted, or modified for the purpose
of increasing their capability to produce casualties in humans or
livestock, degrade equipment or damage crops.
* (c) Chemical agent binary precursors and key precursors, as
follows:
(1) Alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) phosphonyl
diflourides, such as: DF: Methyl Phosphonyldifluoride (CAS 676-99-3)
(CWC Schedule 1B); Methylphosphinyldiflouride;
(2) O-Alkyl (H or equal to or less than C10, including
cycloalkyl) O-2-dialkyl (methyl, ethyl, n-Propyl or isopropyl)aminoethyl
alkyl (methyl, ethyl, N-propyl or isopropyl)phosphonite and
corresponding alkylated and protonated salts, such as: QL: O-Ethyl-2-di-
isopropylaminoethyl methylphosphonite (CAS 57856-11-8) (CWC Schedule
1B);
(3) Chlorosarin: O-Isopropyl methylphosphonochloridate (CAS 1445-76-
7) (CWC Schedule 1B);
(4) Chlorosoman: O-Pinakolyl methylphosphonochloridate (CAS 7040-57-
5) (CWC Schedule 1B);
(5) DC: Methlyphosphonyl dichloride (CAS 676-97-1) (CWC Schedule
2B); Methylphosphinyldichloride;
(d) Tear gases and riot control agents including:
(1) Adamsite (Diphenylamine chloroarsine or DM) (CAS 578-94-9);
(2) CA (Bromobenzyl cyanide) (CAS 5798-79-8);
(3) CN (Phenylacyl chloride or w-Chloroacetophenone) (CAS 532-27-4);
(4) CR (Dibenz-(b,f)-1,4-oxazephine) (CAS 257-07-8);
(5) CS (o-Chlorobenzylidenemalononitrile or o-
Chlorobenzalmalononitrile) (CAS 2698-41-1);
(6) Dibromodimethyl ether (CAS 4497-29-4) ;
(7) Dichlorodimethyl ether (ClCi) (CAS 542-88-1);
(8) Ethyldibromoarsine (CAS 683-43-2);
(9) Bromo acetone;
(10) Bromo methylethylketone;
(11) Iodo acetone;
(12) Phenylcarbylamine chloride;
(13) Ethyl iodoacetate;
(e) Defoliants, as follows:
(1) Agent Orange (2,4,5-Trichlorophenoxyacetic acid mixed with 2,4-
dichlorophenoxyacetic acid);
(2) LNF (Butyl 2-chloro-4-fluorophenoxyacetate)
*(f) Equipment and its components, parts, accessories, and
attachments specifically designed or modified for military operations
and compatibility with military equipment as follows:
(1) The dissemination, dispersion or testing of the chemical agents
and biological agents listed in paragraph (a) and (b) of this category;
(2) The detection, identification, warning or monitoring of the
chemical agents and biological agents listed in paragraph (a) and (b) of
this category;
(3) Sample collection and processing of the chemical agents and
biological agents listed in paragraph (a) and (b) of this category;
(4) Individual protection against the chemical agents and biological
agents listed in paragraph (a) and (b) of this category.
This includes military protective clothing and masks, but not those
items designed for domestic preparedness (e.g., civil defense);
(5) Collective protection against the chemical agents and biological
agents listed in paragraph (a) and (b) of this category.
(6) Decontamination or remediation of the chemical agents and
biological agents listed in paragraph (a) and (b) of this category.
(g) Antibodies, polynucleoides, biopolymers or biocatalysts
specifically designed or modified for use with articles controlled in
paragraph (f) of this category.
(h) Medical countermeasures, to include pre- and post-treatments,
vaccines, antidotes and medical diagnostics, specifically designed or
modified for use with the chemical agents listed in paragraph (a) of
this category and vaccines with the sole purpose of protecting against
biological agents identified in paragraph (b) of this category. Examples
include: barrier creams specifically designed to be applied to skin and
personal equipment to protect against vesicant agents controlled in
paragraph (a) of this category;
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atropine auto injectors specifically designed to counter nerve agent
poisoning.
(i) Modeling or simulation tools specifically designed or modified
for chemical or biological weapons design, development or employment.
The concept of modeling and simulation includes software covered by
paragraph (m) of this category specifically designed to reveal
susceptibility or vulnerability to biological agents or materials listed
in paragraph (b) of this category.
(j) Test facilities specifically designed or modified for the
certification and qualification of articles controlled in paragraph (f)
of this category.
(k) Equipment, components, parts, accessories, and attachments,
exclusive of incinerators (including those which have specially designed
waste supply systems and special handling facilities), specifically
designed or modified for destruction of the chemical agents in paragraph
(a) or the biological agents in paragraph (b) of this category. This
destruction equipment includes facilities specifically designed or
modified for destruction operations.
(l) Tooling and equipment specifically designed or modified for the
production of articles controlled by paragraph (f) of this category.
(m) 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 (l)
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 as SME.
(n) The following interpretations explain and amplify the terms used
in this category and elsewhere in this subchapter.
(1) 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.
(2) The biological agents or biologically derived substances in
paragraph (b) of this category are those agents and substances capable
of producing casualties in humans or livestock, degrading equipment or
damaging crops and which have been modified for the specific purpose of
increasing such effects. Examples of such modifications include
increasing resistance to UV radiation or improving dissemination
characteristics. This does not include modifications made only for civil
applications (e.g., medical or environmental use).
(3) The destruction equipment controlled by this category related to
biological agents in paragraph (b) is that equipment specifically
designed to destroy only the agents identified in paragraph (b) of this
category.
(4) Technical data and defense services in paragraph (l) include
libraries, databases and algorithms specifically designed or modified
for use with articles controlled in paragraph (f) of this category.
(5) The tooling and equipment covered by paragraph (l) of this
category includes molds used to produce protective masks, over-boots,
and gloves controlled by paragraph (f) and leak detection equipment
specifically designed to test filters controlled by paragraph (f) of
this category.
(6) The resulting product of the combination of any controlled or
non-controlled substance compounded or mixed with any item controlled by
this subchapter is also subject to the controls of this category.
Note 1: This Category does not control formulations containing 1% or
less CN or CS or individually packaged tear gases or riot control agents
for personal self-defense purposes.
Note 2: Categories XIV(a) and (d) do not include the following:
(1) Cyanogen chloride;
(2) Hydrocyanic acid;
(3) Chlorine;
(4) Carbonyl chloride (Phosgene);
(5) Ethyl bromoacetate;
(6) Xylyl bromide;
(7) Benzyl bromide;
(8) Benzyl iodide;
(9) Chloro acetone;
(10) Chloropicrin (trichloronitromethane);
(11) Fluorine;
(12) Liquid pepper.
Note 3: Chemical Abstract Service (CAS) registry numbers do not
cover all the substances and mixtures controlled by this category. The
numbers are provided as examples to assist the government agencies in
the license review process and the exporter when completing their
license application and export documentation.
Note 4: With respect to U.S. obligations under the Chemical Weapons
Convention (CWC), refer to Chemical Weapons Convention Regulations
(CWCR) (15 CFR parts 710 through 722). As appropriate, the CWC schedule
is provided to assist the exporter.
Category XV--Spacecraft Systems and Associated Equipment
* (a) Spacecraft, including communications satellites, remote
sensing satellites, scientific satellites, research satellites,
navigation satellites, experimental and multi-mission satellites.
* Note to paragraph (a): Commercial communications satellites,
scientific satellites, research satellites and experimental satellites
are designated as SME only when the
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equipment is intended for use by the armed forces of any foreign
country.
(b) Ground control stations for telemetry, tracking and control of
spacecraft or satellites, or employing any of the cryptographic items
controlled under category XIII of this subchapter.
(c) 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 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.''
(d) Radiation-hardened microelectronic circuits that meet or exceed
all five of the following characteristics:
(1) A total dose of 5x105 Rads (SI);
(2) A dose rate upset of 5x108 Rads (SI)/Sec;
(3) A neutron dose of 1x1014 N/cm2;
(4) A single event upset of 1x10-7 or less error/bit/day;
(5) Single event latch-up free and having a dose rate latch-up of
5x108 Rads(SI)/sec or greater.
(e) All specifically designed or modified systems or subsystems,
components, parts, accessories, attachments, and associated equipment
for the articles in this category, including the articles identified in
section 1516 of Public Law 105-261: satellite fuel, ground support
equipment, test equipment, payload adapter or interface hardware,
replacement parts, and non-embedded solid propellant orbit transfer
engines (see also Categories IV and V in this section).
Note: This coverage by the U.S. Munitions List does not include the
following unless specifically designed or modified for military
application (see Sec. 120.3 of this subchapter): (For controls on these
items see the Export Administration Regulations, Commerce Control List
(15 CFR Parts 730 through 799).)
(1) Space qualified travelling wave tubes (also known as helix tubes
or TWTs), microwave solid state amplifiers, microwave assemblies, and
travelling wave tube amplifiers operating at frequencies equal to or
less than 31GHz.
(2) Space qualified photovoltaic arrays having silicon cells or
having single, dual, triple junction solar cells that have gallium
arsenide as one of the junctions.
(3) Space qualified tape recorders.
(4) Atomic frequency standards that are not space qualified.
(5) Space qualified data recorders.
(6) Space qualified telecommunications systems, equipment and
components not designed or modified for satellite uses.
(7) Technology required for the development or production of
telecommunications equipment specifically designed for non-satellite
uses.
(8) Space qualified focal plane arrays having more than 2048
elements per array and having a peak response in the wavelength range
exceeding 300nm but not exceeding 900nm.
(9) Space qualified laser radar or Light Detection and Ranging
(LIDAR) equipment.
(f) 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 the articles enumerated in paragraphs (a) through
(e) of this category, as well as detailed design, development,
manufacturing or production data for all spacecraft and specifically
designed or modified components for all spacecraft systems. This
paragraph includes all technical data, without exception, for all launch
support activities (e.g., technical data provided to the launch provider
on form, fit, function, mass, electrical, mechanical, dynamic,
environmental, telemetry, safety, facility, launch pad access, and
launch parameters, as well as interfaces for mating and parameters for
launch.) (See Sec. 124.1 for the requirements for technical assistance
agreements before defense services may be furnished even when all the
information relied upon by the U.S. person in performing the defense
service is in the public domain or is otherwise exempt from the
licensing requirements of this subchapter.) Technical data directly
related to
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the manufacture or production of any article enumerated elsewhere in
this category that is designated as Significant Military Equipment (SME)
shall itself be designated SME. Further, technical data directly related
to the manufacture or production of all spacecraft, notwithstanding the
nature of the intended end use (e.g., even where the hardware is not
SME), is designated SME.
Note to paragraph (f):
The special export controls contained in Sec. 124.15 of this
subchapter are always required before a U.S. person may participate in a
launch failure investigation or analysis and before the export of any
article or defense service in this category for launch in, or by
nationals of, a country that is not a member of the North Atlantic
Treaty Organization or a major non-NATO ally of the United States. Such
special export controls also may be imposed with respect to any
destination as deemed appropriate in furtherance of the security and
foreign policy of the United States.
Category XVI--Nuclear Weapons, Design and Testing Related Items
*(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.
123.20 of this subchapter and Department of Commerce Export
Administration Regulations, 15 CFR 742.3 and 744.2).
*(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
(including for modeling or simulating the employment of nuclear weapons
or the integrated operational use of nuclear weapons), except such items
as are in normal commercial use for other purposes.
*(c) Nuclear radiation detection and measurement devices
specifically designed or modified for military applications.
(d) All specifically designed or modified components and parts,
accessories, attachments, and associated equipment for the articles in
this category.
(e) 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 the defense articles enumerated in paragraphs (a)
through (d) of this category. (See also, Sec. 123.20 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 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--Directed Energy Weapons
*(a) Directed energy weapon systems specifically designed or
modified for military applications (e.g., destruction, degradation or
rendering mission-abort of a target). These include, but are not limited
to:
(1) Laser systems, including continuous wave or pulsed laser
systems, specifically designed or modified to cause blindness;
(2) Lasers of sufficient continuous wave or pulsed power to effect
destruction similar to the manner of conventional ammunition;
(3) Particle beam systems;
(4) Particle accelerators that project a charged or neutral particle
beam with destructive power;
(5) High power radio-frequency (RF) systems;
(6) High pulsed power or high average power radio frequency beam
transmitters that produce fields sufficiently intense to disable
electronic circuitry at distant targets;
(7) Prime power generation, energy storage, switching, power
conditioning, thermal management or fuel-handling equipment;
(8) Target acquisition or tracking systems;
(9) Systems capable or assessing target damage, destruction or
mission-abort;
(10) Beam-handling, propagation or pointing equipment;
(11) Equipment with rapid beam slew capability for rapid multiple
target operations;
(12) Negative ion beam funneling equipment; and,
(13) Equipment for controlling and slewing a high-energy ion beam.
*(b) Equipment specifically designed or modified for the detection
or identification of, or defense against, articles controlled in
paragraph (a) of this category.
(c) Tooling and equipment specifically designed or modified for the
production of defense articles controlled by this category.
(d) Test and evaluation equipment and test models specifically
designed or modified for the defense articles controlled by this
category. This includes, but is not limited to, diagnostic
instrumentation and physical test models.
(e) Components, parts, accessories, attachments and associated
equipment specifically designed or modified for the articles in
paragraphs (a) through (d) of this category.
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(f) 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 the defense articles enumerated in paragraphs (a)
through (e) of this category. Technical data directly related to the
manufacture or production of any defense articles enumerated in this
category that are designated as Significant Military Equipment (SME)
shall itself be designated SME.
(g) The following interpretations explain and amplify terms used in
this category and elsewhere in this subchapter:
(1) The components, parts, accessories, attachments and associated
equipment include, but are not limited to adaptive optics and phase
conjugators components, space-qualified accelerator components, targets
and specifically designed target diagnostics, current injectors for
negative hydrogen ion beams, and space-qualified foils for neutralizing
negative hydrogen isotope beams.
(2) The articles controlled in this category include any end item,
component, accessory, attachment, part, firmware, software or system
that has been designed or manufactured using technical data and defense
services controlled by this category.
(3) The articles specifically designed or modified for military
application controlled in this category include any article specifically
developed, configured, or adapted for military application.
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 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; 64 FR 13680, Mar. 22, 1999; 64 FR 17533, Apr. 12, 1999; 67 FR
20895, Apr. 29, 2002; 67 FR 58985, Sept. 19, 2002; 67 FR 59733, Sept.
23, 2002; 67 FR 70841, Nov. 27, 2002; 68 FR 25088, May 9, 2003; 69 FR
874, Jan. 7, 2004]