[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR120.3]

[Page 423]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 120_PURPOSE AND DEFINITIONS--Table of Contents
 
Sec. 120.3  Policy on designating and determining defense articles and 
services.

    An article or service may be designated or determined in the future 
to be a defense article (see Sec. 120.6) or defense service (see Sec. 
120.9) if it:
    (a) Is specifically designed, developed, configured, adapted, or 
modified for a military application, and
    (i) Does not have predominant civil applications, and
    (ii) Does not have performance equivalent (defined by form, fit and 
function) to those of an article or service used for civil applications; 
or
    (b) Is specifically designed, developed, configured, adapted, or 
modified for a military application, and has significant military or 
intelligence applicability such that control under this subchapter is 
necessary.
    The intended use of the article or service after its export (i.e., 
for a military or civilian purpose) is not relevant in determining 
whether the article or service is subject to the controls of this 
subchapter. Any item covered by the U.S. Munitions List must be within 
the categories of the U.S. Munitions List. The scope of the U.S. 
Munitions List shall be changed only by amendments made pursuant to 
section 38 of the Arms Export Control Act (22 U.S.C. 2778).