Department of State § 121.9

(a) Lung irritants: (c) Accessories and attachments are as- (1) Diphenylcyanoarsine (DC). sociated equipment for any component, (2) Fluorine (but not fluorene). end-item or system, and which are not (3) Trichloronitro methane necessary for their operation, but (chloropicrin PS). which enhance their usefulness or ef- (b) Vesicants: fectiveness. (EXAMPLES: Military (1) B-Chlorovinyldichloroarsine (Lew- riflescopes, special paints, etc.) isite, L). (d) A part is any single unassembled (2) Bis(dichloroethyl)sulphide (Mus- element of a major or a minor compo- tard Gas, HD or H). nent, accessory, or attachment which (3) Ethyldichloroarsine (ED). is not normally subject to disassembly (4) Methyldichloroarsine (MD). without the destruction or the impair- (c) Lachrymators and tear gases: ment of design use. (EXAMPLES: Rivets, (1) A-Bromobenzyl cyanide (BBC). wire, bolts, etc.) (2) Chloroacetophenone (CN). (e) Firmware and any related unique (3) Dibromodimethyl ether. support tools (such as computers, link- (4) Dichlorodimethyl ether (ClCi). ers, editors, test case generators, diag- (5) Ethyldibromoarsine. nostic checkers, library of functions (6) Phenylcarbylamine chloride. and system test diagnostics) specifi- (7) Tear gas solutions (CNB and CNS). cally designed for equipment or sys- (8) Tear gas tems covered under any category of the orthochlorobenzalmalononitrile (CS). U.S. Munitions List are considered as (d) Sternutators and irritant smokes: part of the end-item or component. (1) Diphenylamine chloroarsine (Ad- Firmware includes but is not limited to amsite, DM). circuits into which software has been (2) Diphenylchloroarsine (BA). programmed. (3) Liquid pepper. (f) Software includes but is not lim- (e) Nerve agents, gases and aerosols. ited to the system functional design, These are toxic compounds which af- logic flow, algorithms, application pro- fect the nervous system, such as: grams, operating systems and support (1) Dimethylaminoethoxycyanophos- software for design, implementation, phine oxide (GA). test, operation, diagnosis and repair. A (2) Methylisopropoxyfluorophosphine person who intends to export software oxide (GB). only should, unless it is specifically (3) Methylpinacolyloxyfluoriphos- enumerated in § 121.1 (e.g., XIII(b)), phine oxide (GD). apply for a technical data license pur- (f) Antiplant chemicals, such as: suant to part 125 of this subchapter. Butyl 2-chloro-4-fluorophenoxyacetate (g) A system is a combination of end- (LNF). items, components, parts, accessories, attachments, firmware or software, § 121.8 End-items, components, acces- specifically designed, modified or sories, attachments, parts, adapted to operate together to perform firmware, software and systems. a specialized military function. (a) An end-item is an assembled arti- cle ready for its intended use. Only am- § 121.9 Firearms. munition, fuel or another energy (a) Category I includes revolvers, pis- source is required to place it in an op- tols, rifles, carbines, fully automatic erating state. rifles, submachine guns, machine pis- (b) A component is an item which is tols and machine guns to .50 inclusive. useful only when used in conjunction It includes combat shotguns. It ex- with an end-item. A major component cludes other shotguns with barrels 18″ includes any assembled element which or longer, BB, pellet, and muzzle load- forms a portion of an end-item without ing (black powder) firearms. It also ex- which the end-item is inoperable. cludes accessories and attachments for (EXAMPLE: Airframes, tail sections, firearms that do not enhance the use- transmissions, tank treads, hulls, etc.) fulness, effectiveness, or capabilities of A minor component includes any as- the firearm, its components and parts sembled element of a major compo- (e.g. belts, slings, after market rubber nent. grips, cleaning kits).

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(b) A firearm is a weapon not over .50 (e) Oil well perforating devices. caliber which is designed to expel a projectile by the action of an explosive § 121.12 Military explosives and pro- or which may be readily converted to pellants. do so. (a) Military Explosives in Category V (c) A rifle is a shoulder firearm which are military explosives or energetic can discharge a bullet through a rifled materials consisting of high explosives, barrel 16 inches or longer. propellants or low explosives, pyro- (d) A carbine is a lightweight shoul- technics and high energy solid or liquid der firearm with a barrel under 16 fuels, including aircraft fuels specially inches in length. formulated for military purposes. Mili- (e) A pistol is a hand-operated firearm tary explosives are solid, liquid or gas- having a chamber integral with or per- eous substances or mixtures of sub- manently aligned with the bore. stances which, in their application as (f) A revolver is a hand-operated fire- primary, booster or main charges in arm with a revolving cylinder con- warheads, demolition and other mili- taining chambers for individual car- tary applications, are required to deto- tridges. nate. (g) A submachine gun, ‘‘machine pis- Military explosives, military propel- tol’’ or ‘‘machine gun’’ is a firearm lants and military pyrotechnics in Cat- originally designed to fire, or capable egory V include substances or mixtures of being fired, fully automatically by a containing any of the following: single pull of the trigger. (1) Spherical aluminum powder of [58 FR 39287, July 22, 1993, as amended at 64 particle size 60 micrometres or less FR 17533, Apr. 12, 1999] manufactured from material with an aluminum content of 99% or more; § 121.10 Forgings, castings and ma- (2) Metal fuels in particle sizes less chined bodies. than 60 micrometres whether spherical, Articles on the U.S. Munitions List atomized, spheroidal, flaked or ground, include articles in a partially com- manufactured from material consisting pleted state (such as forgings, castings, of 99% or more of any of the following: extrusions and machined bodies) which Zirconium, magnesium and alloys of have reached a stage in manufacture these; beryllium; fine iron powder with where they are clearly identifiable as average particle size of 3 micrometres defense articles. If the end-item is an or less produced by reduction of iron article on the U.S. Munitions List (in- oxide with hydrogen; boron or boron cluding components, accessories, at- carbide fuels of 85% purity or higher tachments and parts as defined in and average particle size of 60 microm- § 121.8), then the particular forging, eters or less; casting, extrusion, machined body, (3) Any of the foregoing metals or al- etc., is considered a defense article sub- loys of paragraphs (a) (1) and (2) of this ject to the controls of this subchapter, section, whether or not encapsulated in except for such items as are in normal aluminum, magnesium, zirconium or commercial use. beryllium; (4) Perchlorates, chlorates and § 121.11 Military demolition blocks and chromates composited with powered blasting caps. metal or other high energy fuel compo- Military demolition blocks and blast- nents; ing caps referred to in Category IV(a) (5) Nitroganidine (NQ); do not include the following articles: (6) With the exception of (a) Electric squibs. chlorinetrifluoride, compounds com- (b) No. 6 and No. 8 blasting caps, in- posed of fluorine and one or more of cluding electric ones. the following: Other halogens, oxygen, (c) Delay electric blasting caps (in- nitrogen; cluding No. 6 and No. 8 millisecond (7) Carboranes; decaborane; ones). pentaborane and derivatives; (d) Seismograph electric blasting (8) caps (including SSS, Static-Master, Cyclotetramethylenetetranitramine Vibrocap SR, and SEISMO SR). (HMX); octahydro-1,3,5,7-tetranitro-

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