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468 Part 121—The United States Munitions List

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468 Part 121—The United States Munitions List § 120.55 22 CFR Ch. I (4–1–20 Edition) other procedures and controls that are PART 121—THE UNITED STATES in accordance with guidance provided MUNITIONS LIST in current U.S. National Institute for Standards and Technology (NIST) pub- ENUMERATION OF ARTICLES lications, or by other cryptographic Sec. means that provide security strength 121.1 The United States Munitions List. that is at least comparable to the min- 121.2–121.15 [Reserved] imum 128 bits of security strength 121.16 Missile Technology Control Regime achieved by the Advanced Encryption Annex. Standard (AES–128); AUTHORITY: Secs. 2, 38, and 71, Pub. L. 90– (iv) Not intentionally sent to a per- 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2797); 22 son in or stored in a country proscribed U.S.C. 2651a; Pub. L. 105–261, 112 Stat. 1920; in § 126.1 of this subchapter or the Rus- Section 1261, Pub. L. 112–239; E.O. 13637, 78 FR 16129. sian Federation; and SOURCE: 58 FR 39287, July 22, 1993, unless NOTE TO PARAGRAPH (a)(5)(iv): Data in- transit via the internet is not deemed to be otherwise noted. stored. ENUMERATION OF ARTICLES (v) Not sent from a country pro- scribed in § 126.1 of this subchapter or § 121.1 The United States Munitions the Russian Federation. List. (b)(1) For purposes of this section, (a) U.S. Munitions List. In this part, end-to-end encryption is defined as: articles, services, and related technical (i) The provision of cryptographic data are designated as defense articles protection of data, such that the data or defense services pursuant to sections is not in an unencrypted form, between 38 and 47(7) of the Arms Export Control an originator (or the originator’s in- Act and constitute the U.S. Munitions country security boundary) and an in- List (USML). Changes in designations tended recipient (or the recipient’s in- are published in the FEDERAL REG- country security boundary); and ISTER. Paragraphs (a)(1) through (3) of (ii) The means of decryption are not this section describe or explain the ele- provided to any third party. ments of a USML category: (1) Composition of U.S. Munitions List (2) The originator and the intended categories. USML categories are orga- recipient may be the same person. The nized by paragraphs and subparagraphs intended recipient must be the origi- identified alphanumerically. They usu- nator, a U.S. person in the United ally start by enumerating or otherwise States, or a person otherwise author- describing end-items, followed by ized to receive the technical data, such major systems and equipment; parts, as by a license or other approval pursu- components, accessories, and attach- ant to this subchapter. ments; and technical data and defense (c) The ability to access technical services directly related to the defense data in encrypted form that satisfies articles of that USML category. the criteria set forth in paragraph (2) Significant Military Equipment. All (a)(5) of this section does not con- items described within a USML para- stitute the release or export of such graph or subparagraph that is preceded technical data. by an asterisk (*) are designated ‘‘Sig- nificant Military Equipment’’ (see [84 FR 70892, Dec. 26, 2019] § 120.7 of this subchapter). Note that technical data directly related to the § 120.55 Access Information. manufacture or production of a defense Access information is information article designated as Significant Mili- that allows access to encrypted tech- tary Equipment (SME) is also des- nical data subject to this subchapter in ignated as SME. an unencrypted form. Examples include (3) Missile Technology Control Regime decryption keys, network access codes, (MTCR) designation. Annotation with and passwords. the parenthetical ‘‘(MT)’’ at the end of a USML entry, or inclusion in § 121.16, [84 FR 70893, Dec. 26, 2019] indicates those defense articles that 468 VerDate Sep<11>2014 10:03 Sep 16, 2020 Jkt 250079 PO 00000 Frm 00478 Fmt 8010 Sfmt 8010 Y:\SGML\250079.XXX 250079 Department of State § 121.1 are on the MTCR Annex. See § 120.29 of (h) Parts, components, accessories, this subchapter. and attachments, as follows: (b) Order of review. Articles are con- (1) Drum and other magazines for trolled on the U.S. Munitions List be- firearms to .50 caliber (12.7 mm) inclu- cause they are either: sive with a capacity greater than 50 (1) Enumerated in a category; or rounds, regardless of jurisdiction of the (2) Described in a ‘‘catch-all’’ para- firearm, and specially designed parts graph that incorporates ‘‘specially de- and components therefor; signed’’ (see § 120.41 of this subchapter) (2) Parts and components specially as a control parameter. In order to designed for conversion of a semi-auto- classify an item on the USML, begin matic firearm to a fully automatic with a review of the general character- firearm; istics of the item. This should guide (3) Parts and components specially you to the appropriate category, designed for defense articles described whereupon you should attempt to in paragraphs (c) and (e) of this cat- match the particular characteristics egory; or and functions of the article to a spe- (4) Accessories or attachments spe- cific entry within that category. If the cially designed to automatically sta- entry includes the term ‘‘specially de- bilize aim (other than gun rests) or for signed,’’ refer to § 120.41 to determine if automatic targeting, and specially de- the article qualifies for one or more of signed parts and components therefor. the exclusions articulated in § 120.41(b). (i) Technical data ( § 120.10 of this An item described in multiple entries see should be categorized according to an subchapter) and defense services (see enumerated entry rather than a spe- § 120.9 of this subchapter) directly re- cially designed catch-all paragraph. In lated to the defense articles described all cases, articles not controlled on the in this category and classified tech- USML may be subject to another U.S. nical data directly related to items government regulatory agency (see controlled in ECCNs 0A501, 0B501, § 120.5 of this subchapter, and Supple- 0D501, and 0E501 and defense services ment No. 4 to part 774 of the Export using the classified technical data. (See Administration Regulations for guid- § 125.4 of this subchapter for exemp- ance on classifying an item subject to tions.) the EAR). (j)–(w) [Reserved] (x) Commodities, software, and tech- CATEGORY I—FIREARMS AND RELATED nology subject to the EAR (see § 120.42 ARTICLES of this subchapter) used in or with de- fense articles. *(a) Firearms using caseless ammuni- NOTE TO PARAGRAPH (x): Use of this para- tion. graph is limited to license applications for *(b) Fully automatic firearms to .50 defense articles where the purchase docu- caliber (12.7 mm) inclusive. mentation includes commodities, software, *(c) Firearms specially designed to or technology subject to the EAR (see integrate fire control, automatic § 123.1(b) of this subchapter). tracking, or automatic firing (e.g., Pre- NOTE 1 TO CATEGORY I: The following inter- cision Guided Firearms). pretations explain and amplify the terms used in this category: NOTE 1 TO PARAGRAPH (c): Integration does (1) A firearm is a weapon not over .50 cal- not include only attaching to the firearm or iber (12.7 mm) which is designed to expel a rail. projectile by the deflagration of propellant; *(d) Fully automatic shotguns re- (2) A fully automatic firearm or shotgun is gardless of gauge. any firearm or shotgun that shoots, is de- *(e) Silencers, mufflers, and sound signed to shoot, or can readily be restored to suppressors. shoot, automatically more than one shot, without manual reloading, by a single func- (f) [Reserved] tion of the trigger; and (g) Barrels, receivers (frames), bolts, (3) Caseless ammunition is firearm ammu- bolt carriers, slides, or sears specially nition without a cartridge case that holds designed for the articles in paragraphs the primer, propellant, and projectile to- (a), (b), and (d) of this category. gether as a unit. 469 VerDate Sep<11>2014 10:03 Sep 16, 2020 Jkt 250079 PO 00000 Frm 00479 Fmt 8010 Sfmt 8010 Y:\SGML\250079.XXX 250079 § 121.1 22 CFR Ch. I (4–1–20 Edition) CATEGORY II—GUNS AND ARMAMENT locities in excess of 1.6 km/s, in single or rapid fire modes, using methods such as: (a) Guns and armament greater than Electromagnetic, electrothermal, plasma, .50 caliber (12.7 mm), as follows: light gas, or chemical. This does not include *(1) Guns, howitzers, artillery, and launch systems and subsystems used for re- cannons; search and testing facilities subject to the *(2) Mortars; EAR, which are controlled on the CCL under *(3) Recoilless rifles; ECCN 2B232. *(4) Grenade launchers; or (e) Signature reduction devices spe- (5) Developmental guns and arma- cially designed for the guns and arma- ment greater than .50 caliber (12.7 mm) ment controlled in paragraphs (a), (b), funded by the Department of Defense and (d) of this category (e.g., muzzle and specially designed parts and com- flash suppression devices). ponents therefor. (f)–(i) [Reserved] NOTE 1 TO PARAGRAPH (a)(5): This para- (j) Parts, components, accessories, graph does not control guns and armament and attachments, as follows: greater than .50 caliber (12.7 mm): (1) Gun barrels, rails, tubes, and re- (a) in production; ceivers specially designed for the weap- (b) determined to be subject to the EAR ons controlled in paragraphs (a) and (d) via a commodity jurisdiction determination of this category; (see § 120.4 of this subchapter); or (2) Sights specially designed to orient (c) identified in the relevant Department of Defense contract or other funding author- indirect fire weapons; ization as being developed for both civil and (3) Breech blocks for the weapons military applications.
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