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459 Part 121—The United States Munitions List

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459 Part 121—The United States Munitions List Department of State § 121.1 (h) Equipment is a combination of 121.1 The United States Munitions List. parts, components, accessories, attach- 121.2–121.15 [Reserved] ments, firmware, or software that oper- 121.16 Missile Technology Control Regime ate together to perform a function of, Annex. as, or for an end-item or system. AUTHORITY: Secs. 2, 38, and 71, Pub. L. 90– Equipment may be a subset of an end- 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2797); 22 item based on the characteristics of U.S.C. 2651a; Pub. L. 105–261, 112 Stat. 1920; Section 1261, Pub. L. 112–239; E.O. 13637, 78 FR the equipment. Equipment that meets 16129. the definition of an end-item is an end- item. Equipment that does not meet SOURCE: 58 FR 39287, July 22, 1993, unless the definition of an end-item is a com- otherwise noted. ponent, accessory, attachment, ENUMERATION OF ARTICLES firmware, or software. [79 FR 61228, Oct. 10, 2014] § 121.1 The United States Munitions List. § 120.46 Classified. (a) U.S. Munitions List. In this part, Classified means classified pursuant articles, services, and related technical to Executive Order 13526, and a secu- data are designated as defense articles rity classification guide developed pur- or defense services pursuant to sections suant thereto or equivalent, or to the 38 and 47(7) of the Arms Export Control corresponding classification rules of Act and constitute the U.S. Munitions another government or international List (USML). Changes in designations organization. are published in the FEDERAL REG- ISTER. Paragraphs (a)(1) through (3) of [81 FR 87429, Dec. 5, 2016] this section describe or explain the ele- § 120.50 Release. ments of a USML category: (1) Composition of U.S. Munitions List (a) Technical data is released categories. USML categories are orga- through: nized by paragraphs and subparagraphs (1) Visual or other inspection by for- identified alphanumerically. They usu- eign persons of a defense article that ally start by enumerating or otherwise reveals technical data to a foreign per- describing end-items, followed by son; or major systems and equipment; parts, (2) Oral or written exchanges with components, accessories, and attach- foreign persons of technical data in the ments; and technical data and defense United States or abroad. services directly related to the defense (b) [Reserved] articles of that USML category. [81 FR 35616, June 3, 2016] (2) Significant Military Equipment. All items described within a USML para- § 120.51 Retransfer. graph or subparagraph that is preceded (a) Retransfer, except as set forth in by an asterisk (*) are designated ‘‘Sig- § 126.16 or § 126.17, means: nificant Military Equipment’’ (see (1) A change in end use or end user, § 120.7 of this subchapter). Note that or a temporary transfer to a third technical data directly related to the party, of a defense article within the manufacture or production of a defense same foreign country; or article designated as Significant Mili- (2) A release of technical data to a tary Equipment (SME) is also des- foreign person who is a citizen or per- ignated as SME. manent resident of the country where (3) Missile Technology Control Regime the release or transfer takes place. (MTCR) designation. Annotation with (b) [Reserved] the parenthetical ‘‘(MT)’’ at the end of [81 FR 62008, Sept. 8, 2016] a USML entry, or inclusion in § 121.16, indicates those defense articles that are on the MTCR Annex. See § 120.29 of PART 121—THE UNITED STATES this subchapter. MUNITIONS LIST (b) Order of review. Articles are con- trolled on the U.S. Munitions List be- ENUMERATION OF ARTICLES cause they are either: Sec. (1) Enumerated in a category; or 459 VerDate Sep<11>2014 14:36 Jul 18, 2018 Jkt 244079 PO 00000 Frm 00469 Fmt 8010 Sfmt 8010 Y:\SGML\244079.XXX 244079 jstallworth on DSKBBY8HB2PROD with CFR § 121.1 22 CFR Ch. I (4–1–18 Edition) (2) Described in a ‘‘catch-all’’ para- facture or production of any defense articles graph that incorporates ‘‘specially de- described elsewhere in this category that are signed’’ (see § 120.41 of this subchapter) designated as Significant Military Equip- as a control parameter. In order to ment (SME) shall itself be designated SME. (j) The following interpretations explain classify an item on the USML, begin and amplify the terms used in this category with a review of the general character- and throughout this subchapter: istics of the item. This should guide (1) A firearm is a weapon not over .50 cal- you to the appropriate category, iber (12.7 mm) which is designed to expel a whereupon you should attempt to projectile by the action of an explosive or match the particular characteristics which may be readily converted to do so. and functions of the article to a spe- (2) A rifle is a shoulder firearm which can cific entry within that category. If the discharge a bullet through a rifled barrel 16 entry includes the term ‘‘specially de- inches or longer. (3) A carbine is a lightweight shoulder fire- signed,’’ refer to § 120.41 to determine if arm with a barrel under 16 inches in length. the article qualifies for one or more of (4) A pistol is a hand-operated firearm hav- the exclusions articulated in § 120.41(b). ing a chamber integral with or permanently An item described in multiple entries aligned with the bore. should be categorized according to an (5) A revolver is a hand-operated firearm enumerated entry rather than a spe- with a revolving cylinder containing cham- cially designed catch-all paragraph. In bers for individual cartridges. all cases, articles not controlled on the (6) A submachine gun, ‘‘machine pistol’’ or ‘‘machine gun’’ is a firearm originally de- USML may be subject to another U.S. signed to fire, or capable of being fired, fully government regulatory agency (see automatically by a single pull of the trigger. § 120.5 of this subchapter, and Supple- NOTE: This coverage by the U.S. Munitions ment No. 4 to part 774 of the Export List in paragraphs (a) through (i) of this cat- Administration Regulations for guid- egory excludes any non-combat shotgun with ance on classifying an item subject to a barrel length of 18 inches or longer, BB, the EAR). pellet, and muzzle loading (black powder) firearms. This category does not cover CATEGORY I—FIREARMS, CLOSE ASSAULT riflescopes and sighting devices that are not WEAPONS AND COMBAT SHOTGUNS manufactured to military specifications. It also excludes accessories and attachments * (a) Nonautomatic and semi-automatic (e.g., belts, slings, after market rubber grips, firearms to caliber .50 inclusive (12.7 mm). cleaning kits) for firearms that do not en- * (b) Fully automatic firearms to .50 cal- hance the usefulness, effectiveness, or capa- iber inclusive (12.7 mm). bilities of the firearm, components and * (c) Firearms or other weapons (e.g. insur- parts. The Department of Commerce regu- gency-counterinsurgency, close assault lates the export of such items. See the Ex- weapons systems) having a special military port Administration Regulations (15 CFR application regardless of caliber. parts 730–799). In addition, license exemp- * (d) Combat shotguns. This includes any tions for the items in this category are avail- shotgun with a barrel length less than 18 able in various parts of this subchapter (e.g., inches. §§ 123.17, 123.18 and 125.4). * (e) Silencers, mufflers, sound and flash suppressors for the articles in (a) through (d) CATEGORY II—GUNS AND ARMAMENT of this category and their specifically de- signed, modified or adapted components and * (a) Guns over caliber .50 (i.e., 12.7 mm), parts. whether towed, airborne, self-propelled, or (f) Riflescopes manufactured to military fixed, including but not limited to, howit- specifications (See category XII(c) for con- zers, mortars, cannons, recoilless rifles, and trols on night sighting devices.) grenade launchers. * (g) Barrels, cylinders, receivers (frames) (b) Flame throwers specifically designed or or complete breech mechanisms for the arti- modified for military application. cles in paragraphs (a) through (d) of this cat- (c) Apparatus and devices for launching or egory. delivering ordnance, other than those arti- (h) Components, parts, accessories and at- cles controlled in Category IV. tachments for the articles in paragraphs (a) * (d) Kinetic energy weapon systems spe- through (g) of this category. cifically designed or modified for destruction (i) Technical data (as defined in § 120.10 of or rendering mission-abort of a target. this subchapter) and defense services (as de- (e) Signature control materials (e.g., para- fined in § 120.9 of this subchapter) directly re- sitic, structural, coatings, screening) tech- lated to the defense articles described in niques, and equipment specifically designed, paragraphs (a) through (h) of this category. developed, configured, adapted or modified Technical data directly related to the manu- to alter or reduce the signature (e.g., muzzle 460 VerDate Sep<11>2014 14:36 Jul 18, 2018 Jkt 244079 PO 00000 Frm 00470 Fmt 8010 Sfmt 8010 Y:\SGML\244079.XXX 244079 jstallworth on DSKBBY8HB2PROD with CFR Department of State § 121.1 flash suppression, radar, infrared, visual, cally developed, configured, or adapted for laser/electro-optical, acoustic) of defense ar- military application. ticles controlled by this category. * (f) Engines specifically designed or modi- CATEGORY III—AMMUNITION/ORDNANCE fied for the self-propelled guns and howitzers * (a) Ammunition/ordnance for the articles in paragraph (a) of this category. in Categories I and II of this section. (g) Tooling and equipment specifically de- (b) Ammunition/ordnance handling equip- signed or modified for the production of de- ment specifically designed or modified for fense articles controlled by this category.
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