SUBCHAPTER M—INTERNATIONAL TRAFFIC IN ARMS REGULATIONS PART 120—PURPOSE AND authority by the Secretary of State, DEFINITIONS these regulations are primarily admin- istered by the Director of the Office of Sec. Defense Trade Controls, Bureau of Po- 120.1 General authorities and eligibility. litico-Military Affairs, Department of 120.2 Designation of defense articles and de- State. fense services. (b) Authorized Officials. All authori- 120.3 Policy on designating and determining defense articles and services. ties conferred upon the Director of the 120.4 Commodity jurisdiction. Office of Defense Trade Controls by 120.5 Relation to regulations of other agen- this subchapter may be exercised at cies. any time by the Under Secretary of 120.6 Defense article. State for International Security Af- 120.7 Significant military equipment. 120.8 Major defense equipment. fairs, the Assistant Secretary of State 120.9 Defense service. for Politico-Military Affairs, or the 120.10 Technical data. Deputy Assistant Secretary of State 120.11 Public domain. for Politico-Military Affairs respon- 120.12 Office of Defense Trade Controls. sible for supervising the Office of De- 120.13 United States. 120.14 Person. fense Trade Controls unless the Legal 120.15 U.S. person. Adviser or the Assistant Legal Adviser 120.16 Foreign person. for Politico-Military Affairs of the De- 120.17 Export. partment of State determines that any 120.18 Temporary import. specific exercise of this authority 120.19 Reexport or retransfer. 120.20 License. under this subsection may be inappro- 120.21 Manufacturing license agreement. priate. 120.22 Technical assistance agreement. (c) Eligibility. Only U.S. persons (as 120.23 Distribution agreement. defined in § 120.15) and foreign govern- 120.24 District Director of Customs. mental entities in the United States 120.25 Empowered Official. 120.26 Presiding Official. may be granted licenses or other ap- 120.27 U.S. criminal statutes. provals (other than retransfer approv- 120.28 Listing of forms referred to in this als sought pursuant to this sub- subchapter. chapter). Foreign persons (as defined in 120.29 Missile Technology Control Regime. § 120.16) other than governments are AUTHORITY: Secs. 2, 38, and 71, Pub. L. 90– not eligible. U.S. persons who have 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2797); 22 been convicted of violating the crimi- U.S.C. 2794; E.O. 11958, 42 FR 4311; 3 CFR, 1977 nal statutes enumerated in § 120.27, who Comp. p. 79; 22 U.S.C. 2658. have been debarred pursuant to part SOURCE: 58 FR 39283, July 22, 1993, unless 127 or 128 of this subchapter, who are otherwise noted. the subject of an indictment involving § 120.1 General authorities and eligi- the criminal statutes enumerated in bility. § 120.27, who are ineligible to contract with, or to receive a license or other (a) Section 38 of the Arms Export Control Act (22 U.S.C. 2778) authorizes form of authorization to import de- the President to control the export and fense articles or defense services from import of defense articles and defense any agency of the U.S. Government, services. The statutory authority of who are ineligible to receive export li- the President to promulgate regula- censes (or other forms of authorization tions with respect to exports of defense to export) from any agency of the U.S. articles and defense services was dele- Government, who are subject to De- gated to the Secretary of State by Ex- partment of State Suspension/Revoca- ecutive Order 11958, as amended (42 FR tion under § 126.7 (a)(1)–(a)(7) of this 4311). This subchapter implements that subchapter, or who are ineligible under authority. By virtue of delegations of 419 VerDate May<14>2002 14:41 May 28, 2002 Jkt 197061 PO 00000 Frm 00419 Fmt 8010 Sfmt 8010 Y:\SGML\197071T.XXX pfrm15 PsN: 197071T § 120.2 22 CFR Ch. I (4–1–02 Edition) § 127.6(c) of this subchapter are gen- cability such that control under this erally ineligible. Applications for li- subchapter is necessary. censes or other approvals will be con- The intended use of the article or sidered only if the applicant has reg- service after its export (i.e., for a mili- istered with the Office of Defense tary or civilian purpose) is not relevant Trade Controls pursuant to part 122 of in determining whether the article or this subchapter. All applications and service is subject to the controls of this requests for approval must be signed by subchapter. Any item covered by the a U.S. person who has been empowered U.S. Munitions List must be within the by the registrant to sign such docu- categories of the U.S. Munitions List. ments. The scope of the U.S. Munitions List (d) The exemptions provided in this shall be changed only by amendments subchapter do not apply to trans- made pursuant to section 38 of the actions in which the exporter or any Arms Export Control Act (22 U.S.C. party to the export (as defined in 2778). § 126.7(e) of this subchapter) is gen- erally ineligible as set forth above in § 120.4 Commodity jurisdiction. paragraph (c) of this section, unless an (a) The commodity jurisdiction pro- exception has been granted pursuant to cedure is used with the U.S. Govern- § 126.7(c) of this subchapter. ment if doubt exists as to whether an article or service is covered by the U.S. § 120.2 Designation of defense articles Munitions List. It may also be used for and defense services. consideration of a redesignation of an The Arms Export Control Act (22 article or service currently covered by U.S.C. 2778(a) and 2794(7)) provides that the U.S. Munitions List. The Depart- the President shall designate the arti- ment must submit a report to Congress cles and services deemed to be defense at least 30 days before any item is re- articles and defense services for pur- moved from the U.S. Munitions List. poses of this subchapter. The items so Upon written request, the Office of De- designated constitute the United fense Trade Controls shall provide a de- States Munitions List and are specified termination of whether a particular ar- in part 121 of this subchapter. Such ticle or service is covered by the U.S. designations are made by the Depart- Munitions List. The determination, ment of State with the concurrence of consistent with §§ 120.2, 120.3, and 120.4, the Department of Defense. For a de- entails consultation among the Depart- termination on whether a particular ments of State, Defense, Commerce item is included on the U.S. Munitions and other U.S. Government agencies List see § 120.4(a). and industry in appropriate cases. (b) Registration with the Office of § 120.3 Policy on designating and de- Defense Trade Controls as defined in termining defense articles and serv- part 122 of this subchapter is not re- ices. quired prior to submission of a com- An article or service may be des- modity jurisdiction request. If it is de- ignated or determined in the future to termined that the commodity is a de- be a defense article (see § 120.6) or de- fense article or service covered by the fense service (see § 120.9) if it: U.S. Munitions List, registration is re- (a) Is specifically designed, devel- quired for exporters, manufacturers, oped, configured, adapted, or modified and furnishers of defense articles and for a military application, and defense services (see part 122 of this (i) Does not have predominant civil subchapter). applications, and (c) Requests shall identify the article (ii) Does not have performance equiv- or service, and include a history of the alent (defined by form, fit and func- product’s design, development and use. tion) to those of an article or service Brochures, specifications and any other used for civil applications; or documentation related to the article or (b) Is specifically designed, devel- service shall be submitted in seven col- oped, configured, adapted, or modified lated sets. for a military application, and has sig- (d)(1) A determination that an article nificant military or intelligence appli- or service does not have predominant 420 VerDate May<14>2002 14:41 May 28, 2002 Jkt 197061 PO 00000 Frm 00420 Fmt 8010 Sfmt 8010 Y:\SGML\197071T.XXX pfrm15 PsN: 197071T Department of State § 120.6 civil applications shall be made by the Office of Defense Trade Controls has Department of State, in accordance not provided a final commodity juris- with this subchapter, on a case-by-case diction determination, the applicant basis, taking into account: may request in writing to the Director, (i) The number, variety and predomi- Center for Defense Trade that this de- nance of civil applications; termination be given expedited proc- (ii) The nature, function and capa- essing. bility of the civil applications; and (f) State, Defense and Commerce will (iii) The nature, function and capa- resolve commodity jurisdiction dis- bility of the military applications. putes in accordance with established (2) A determination that an article procedures. State shall notify Defense does not have the performance equiva- and Commerce of the initiation and lent, defined by form, fit and function, conclusion of each case. to those used for civil applications (g) A person may appeal a commodity shall be made by the Department of jurisdiction determination by submit- State, in accordance with this sub- ting a written request for reconsider- chapter, on a case-by-case basis, taking ation to the Director of the Center for into account: Defense Trade. The Center for Defense (i) The nature, function, and capa- Trade will provide a written response bility of the article; of the Director’s determination within (ii) Whether the components used in 30 days of receipt of the appeal.