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471 Part 121—The United States Munitions List

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471 Part 121—The United States Munitions List Department of State Pt. 121 § 120.33 [Reserved] ity or ability to establish or direct the general policies or day-to-day oper- § 120.34 Defense Trade Cooperation ations of the firm. Foreign control is Treaty between the United States presumed to exist where foreign per- and the United Kingdom. sons own 25 percent or more of the out- Defense Trade Cooperation Treaty be- standing voting securities unless one tween the United States and the United U.S. person controls an equal or larger Kingdom means the Treaty between the percentage. Government of the United States of [76 FR 45197, July 28, 2011] America and the Government of the United Kingdom of Great Britain and § 120.38 [Reserved] Northern Ireland Concerning Defense Trade Cooperation, done at Washington § 120.39 Regular employee. DC and London, June 21 and 26, 2007. (a) A regular employee means for For additional information on making purposes of this subchapter: exports pursuant to this Treaty, see (1) An individual permanently and di- § 126.17 of this subchapter. rectly employed by the company, or [77 FR 16597, Mar. 21, 2012] (2) An individual in a long term con- tractual relationship with the company EFFECTIVE DATE NOTE: At 77 FR 16597, Mar. where the individual works at the com- 21, 2012, § 120.34 was added, effective upon the pany’s facilities, works under the com- entry into force of the Treaty Between the Government of the United States of America pany’s direction and control, works full and the Government of the United Kingdom time and exclusively for the company, of Great Britain and Northern Ireland Con- and executes nondisclosure certifi- cerning Defense Trade Cooperation (Treaty cations for the company, and where the Doc. 110–7). staffing agency that has seconded the individual has no role in the work the § 120.35 [Reserved] individual performs (other than pro- viding that individual for that work) § 120.36 United Kingdom Imple- menting Arrangement. and the staffing agency would not have access to any controlled technology United Kingdom Implementing Arrange- (other than where specifically author- ment means the Implementing Arrange- ized by a license). ment Pursuant to the Treaty between (b) [Reserved] the Government of the United States of America and the Government of the [76 FR 28177, May 16, 2011] United Kingdom of Great Britain and Northern Ireland Concerning Defense PART 121—THE UNITED STATES Trade Cooperation, done at Washington MUNITIONS LIST DC, February 14, 2008, as it may be amended. ENUMERATION OF ARTICLES [77 FR 16597, Mar. 21, 2012] Sec. 121.1 General. The United States Munitions EFFECTIVE DATE NOTE: At 77 FR 16597, Mar. List. 21, 2012, § 120.36 was added, effective upon the 121.2 Interpretations of the U.S. Munitions entry into force of the Treaty Between the List and the Missile Technology Control Government of the United States of America Regime Annex. and the Government of the United Kingdom 121.3 Aircraft and related articles. of Great Britain and Northern Ireland Con- 121.4 [Reserved] cerning Defense Trade Cooperation (Treaty 121.5 Apparatus and devices under Category Doc. 110–7). IV(c). 121.6–121.7 [Reserved] § 120.37 Foreign ownership and for- 121.8 End-items, components, accessories, eign control. attachments, parts, firmware, software Foreign ownership means more than and systems. 50 percent of the outstanding voting se- 121.9 [Reserved] 121.10 Forgings, castings and machined bod- curities of the firm are owned by one or ies. more foreign persons (as defined in 121.11 Military demolition blocks and blast- § 120.16). Foreign control means one or ing caps. more foreign persons have the author- 121.12–121.14 [Reserved] 471 VerDate Mar<15>2010 09:53 Jun 06, 2012 Jkt 226076 PO 00000 Frm 00481 Fmt 8010 Sfmt 8010 Y:\SGML\226076.XXX 226076 pmangrum on DSK3VPTVN1PROD with CFR § 121.1 22 CFR Ch. I (4–1–12 Edition) 121.15 Vessels of war and special naval weapons systems) having a special military equipment. application regardless of caliber. 121.16 Missile Technology Control Regime * (d) Combat shotguns. This includes any Annex. shotgun with a barrel length less than 18 inches. AUTHORITY: Secs. 2, 38, and 71, Pub. L. 90– 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2797); * (e) Silencers, mufflers, sound and flash E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp. p. suppressors for the articles in (a) through (d) 79; 22 U.S.C. 2651a; Pub. L. 105–261, 112 Stat. of this category and their specifically de- 1920. signed, modified or adapted components and parts. SOURCE: 58 FR 39287, July 22, 1993, unless (f) Riflescopes manufactured to military otherwise noted. specifications (See category XII(c) for con- trols on night sighting devices.) ENUMERATION OF ARTICLES * (g) Barrels, cylinders, receivers (frames) or complete breech mechanisms for the arti- § 121.1 General. The United States Mu- cles in paragraphs (a) through (d) of this cat- nitions List. egory. (a) The following articles, services (h) Components, parts, accessories and at- and related technical data are des- tachments for the articles in paragraphs (a) ignated as defense articles and defense through (g) of this category. services pursuant to §§ 38 and 47(7) of (i) Technical data (as defined in § 120.10 of the Arms Export Control Act (22 U.S.C. this subchapter) and defense services (as de- 2778 and 2794(7)). Changes in designa- fined in § 120.9 of this subchapter) directly re- lated to the defense articles enumerated in tions will be published in the FEDERAL paragraphs (a) through (h) of this category. REGISTER. Information and clarifica- Technical data directly related to the manu- tions on whether specific items are de- facture or production of any defense articles fense articles and services under this enumerated elsewhere in this category that subchapter may appear periodically are designated as Significant Military Equip- through the Internet Web site of the ment (SME) shall itself be designated SME. Directorate of Defense Trade Controls. (j) The following interpretations explain (b) Significant military equipment: An and amplify the terms used in this category asterisk precedes certain defense arti- and throughout this subchapter: cles in the following list. The asterisk (1) A firearm is a weapon not over .50 cal- iber (12.7 mm) which is designed to expel a means that the article is deemed to be projectile by the action of an explosive or ‘‘Significant Military Equipment’’ to which may be readily converted to do so. the extent specified in § 120.7 of this (2) A rifle is a shoulder firearm which can subchapter. The asterisk is placed as a discharge a bullet through a rifled barrel 16 convenience to help identify such arti- inches or longer. cles. Note that technical data directly (3) A carbine is a lightweight shoulder fire- related to the manufacture or produc- arm with a barrel under 16 inches in length. tion of any defense articles enumerated (4) A pistol is a hand-operated firearm hav- in any category that are designated as ing a chamber integral with or permanently Significant Military Equipment (SME) aligned with the bore. shall itself be designed SME. (5) A revolver is a hand-operated firearm with a revolving cylinder containing cham- (c) Missile Technology Control Regime bers for individual cartridges. Annex (MTCR). Certain defense articles (6) A submachine gun, ‘‘machine pistol’’ or and services are identified in § 121.16 as ‘‘machine gun’’ is a firearm originally de- being on the list of MTCR Annex items signed to fire, or capable of being fired, fully on the United States Munitions List. automatically by a single pull of the trigger. These are articles as specified in § 120.29 NOTE: This coverage by the U.S. Munitions of this subchapter and appear on the List in paragraphs (a) through (i) of this cat- list at § 121.16. egory excludes any non-combat shotgun with a barrel length of 18 inches or longer, BB, pellet, and muzzle loading (black powder) CATEGORY I—FIREARMS, CLOSE ASSAULT firearms. This category does not cover WEAPONS AND COMBAT SHOTGUNS riflescopes and sighting devices that are not * (a) Nonautomatic and semi-automatic manufactured to military specifications. It firearms to caliber .50 inclusive (12.7 mm). also excludes accessories and attachments * (b) Fully automatic firearms to .50 cal- (e.g., belts, slings, after market rubber grips, iber inclusive (12.7 mm). cleaning kits) for firearms that do not en- * (c) Firearms or other weapons (e.g. insur- hance the usefulness, effectiveness, or capa- gency-counterinsurgency, close assault bilities of the firearm, components and 472 VerDate Mar<15>2010 09:53 Jun 06, 2012 Jkt 226076 PO 00000 Frm 00482 Fmt 8010 Sfmt 8010 Y:\SGML\226076.XXX 226076 pmangrum on DSK3VPTVN1PROD with CFR.
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