§ 121.1 22 CFR Ch. I (4–1–03 Edition)

121.2 Interpretations of the U.S. Munitions CATEGORY I—FIREARMS, CLOSE ASSAULT List and the Missile Technology Control WEAPONS AND COMBAT SHOTGUNS Regime Annex. * (a) Nonautomatic and semi-automatic 121.3 Aircraft and related articles. firearms to caliber .50 inclusive (12.7 mm). 121.4 [Reserved] 121.5 Apparatus and devices under Category * (b) Fully automatic firearms to .50 cal- IV(c). iber inclusive (12.7 mm). 121.6–121.7 [Reserved] * (c) Firearms or other weapons (e.g. insur- 121.8 End-items, components, accessories, gency-counterinsurgency, close assault attachments, parts, firmware, software weapons systems) having a special military and systems. application regardless of caliber. 121.9 [Reserved] * (d) Combat shotguns. This includes any 121.10 Forgings, castings and machined bod- shotgun with a barrel length less than 18 ies. inches. 121.11 Military demolition blocks and blast- * (e) Silencers, mufflers, sound and flash ing caps. suppressors for the articles in (a) through (d) 121.12–121.14 [Reserved] of this category and their specifically de- 121.15 Vessels of war and special naval signed, modified or adapted components and equipment. parts. 121.16 Missile Technology Control Regime (f) Riflescopes manufactured to military Annex. specifications (See category XII(c) for con- trols on night sighting devices.) AUTHORITY: Sec. 2, 38, and 71, Pub. L. 90– * (g) Barrels, cylinders, receivers (frames) 629, 90 Stat. 744 (22 U.S.C. 2752, 2278, 2797); or complete breech mechanisms for the arti- E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp. p. cles in paragraphs (a) through (d) of this cat- 79; 22 U.S.C. 2658; Pub. L. 105–261, 112 Stat. egory. 1920. (h) Components, parts, accessories and at- SOURCE: 58 FR 39287, July 22, 1993, unless tachments for the articles in paragraphs (a) otherwise noted. through (g) of this category. (i) Technical data (as defined in § 120.10 of ENUMERATION OF ARTICLES this subchapter) and defense services (as de- fined in § 120.9 of this subchapter) directly re- § 121.1 General. The United States Mu- lated to the defense articles enumerated in nitions List. paragraphs (a) through (h) of this category. (a) The following articles, services Technical data directly related to the manu- facture or production of any defense articles and related technical data are des- enumerated elsewhere in this category that ignated as defense articles and defense are designated as Significant Military Equip- services pursuant to sections 38 and ment (SME) shall itself be designated SME. 47(7) of the Arms Export Control Act (j) The following interpretations explain (22 U.S.C. 2778 and 2794(7)). Changes in and amplify the terms used in this category designations will be published in the and throughout this subchapter: (1) A firearm is a weapon not over .50 cal- FEDERAL REGISTER. Information and iber (12.7 mm) which is designed to expel a clarifications on whether specific items projectile by the action of an explosive or are defense articles and services under which may be readily converted to do so. this subchapter may appear periodi- (2) A rifle is a shoulder firearm which can cally in the Defense Trade News pub- discharge a bullet through a rifled barrel 16 lished by the Center for Defense Trade. inches or longer. (b) Significant military equipment: (3) A carbine is a lightweight shoulder fire- An asterisk precedes certain defense arm with a barrel under 16 inches in length. articles in the following list. The aster- (4) A pistol is a hand-operated firearm hav- isk means that the article is deemed to ing a chamber integral with or permanently aligned with the bore. be ‘‘significant military equipment’’ to (5) A revolver is a hand-operated firearm the extent specified in § 120.19. The as- with a revolving cylinder containing cham- terisk is placed as a convenience to bers for individual cartridges. help identify such articles. (6) A submachine gun, ‘‘machine pistol’’ or (c) Missile Technology Control Re- ‘‘machine gun’’ is a firearm originally de- gime Annex (MTCR). Certain defense signed to fire, or capable of being fired, fully articles and services are identified in automatically by a single pull of the trigger. § 121.16 as being on the list of MTCR NOTE: This coverage by the U.S. Munitions List in paragraphs (a) through (i) of this cat- Annex items on the United States Mu- egory excludes any non-combat shotgun with nitions List. These are articles as spec- a barrel length of 18 inches or longer, BB, ified in § 120.29 of this subchapter and pellet, and muzzle loading (black powder) appear on the list at § 121.16. firearms. This category does not cover

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riflescopes and sighting devices that are not (l) The following interpretations explain manufactured to military specifications. It and amplify the terms used in this category also excludes accessories and attachments and elsewhere in this subchapter: (e.g., belts, slings, after market rubber grips, (1) The kinetic energy weapons systems in cleaning kits) for firearms that do not en- paragraph (d) of this category include but hance the usefulness, effectiveness, or capa- are not limited to: bilities of the firearm, components and (i) Launch systems and subsystems capable parts. The Department of Commerce regu- of accelerating masses larger than 0.1g to ve- lates the export of such items. See the Ex- locities in excess of 1.6km/s, in single or port Administration Regulations (15 CFR rapid fire modes, using methods such as: parts 730–799). In addition, license exemp- electromagnetic, electrothermal, plasma, tions for the items in this category are avail- light gas, or chemical; able in various parts of this subchapter (e.g. (ii) Prime power generation, electric §§ 123.17, 123.18 and 125.4). armor, energy storage, thermal manage- ment; conditioning, switching or fuel-han- CATEGORY II—GUNS AND ARMAMENT dling equipment; and the electrical inter- *(a) Guns over caliber .50 (12.7mm, whether faces between power supply gun and other towed, airborne, self-propelled, or fixed, in- turret electric drive function; cluding but not limited to, howitzers, mor- (iii) Target acquisition, tracking fire con- tars, cannons and recoilless rifles. trol or damage assessment systems; and (b) Flame throwers specifically designed or (iv) Homing seeker, guidance or divert pro- modified for military application. pulsion (lateral acceleration) systems for (c) Apparatus and devices for launching or projectiles. delivering ordnance, other than those arti- (2) The articles in this category include cles controlled in Category IV. any end item, component, accessory, attach- *(d) Kinetic energy weapon systems spe- ment part, firmware, software or system cifically designed or modified for destruction that has been designed or manufactured or rendering mission-abort of a target. using technical data and defense services (e) Signature control materials (e.g., para- controlled by this category. sitic, structural, coatings, screening) tech- (3) The articles specifically designed or niques, and equipment specifically designed, modified for military application controlled developed, configured, adapted or modified in this category include any article specifi- to alter or reduce the signature (e.g., muzzle cally developed, configured, or adapted for flash suppression, radar, infrared, visual, military application. laser/electro-optical, acoustic) of defense ar- CATEGORY III—AMMUNITION/ORDNANCE ticles controlled by this category. *(f) Engines specifically designed or modi- *(a) Ammunition/ordnance for the articles fied for the self-propelled guns and howitzers in Categories I and II of this section. in paragraph (a) of this category. (b) Ammunition/ordnance handling equip- (g) Tooling and equipment specifically de- ment specifically designed or modified for signed or modified for the production of de- the articles controlled in this category, such fense articles controlled by this category. as, belting, linking, and de-linking equip- (h) Test and evaluation equipment and test ment. models specifically designed or modified for (c) Equipment and tooling specifically de- the articles controlled by this category. This signed or modified for the production of de- includes but is not limited to diagnostic in- fense articles controlled by this category. strumentation and physical test models. (d) Components, parts, accessories, attach- (i) Autoloading systems for electronic pro- ments and associated equipment specifically gramming of projectile function for the de- designed or modified for the articles in this fense articles controlled in this Category. category: (j) All other components, parts, acces- *(1) Guidance and control components for sories, attachments and associated equip- the articles in paragraph (a) of this category; ment specifically designed or modified for *(2) Safing, arming and fuzing components the articles in paragraphs (a) through (i) of (including target detection and localization this category. This includes but is not lim- devices) for the articles in paragraph (a) of ited to mounts and carriages for the articles this category; and controlled in this category. (3) All other components, parts, acces- (k) Technical data (as defined in § 120.10 of sories, attachments and associated equip- this subchapter) and defense services (as de- ment for the articles in paragraphs (a) fined in § 120.9 of this subchapter) directly re- through (c) of this category. lated to the defense articles enumerated in (e) Technical data (as defined in § 120.10 of paragraphs (a) through (j) of this category. this subchapter) and defense services (as de- Technical data directly related to the manu- fined in § 120.9 of this subchapter) directly re- facture or production of any defense articles lated to the defense articles enumerated in enumerated elsewhere in this category that paragraphs (a) through (d) of this category. are designated as Significant Military Equip- Technical data directly related to the manu- ment (SME) shall itself be designated SME. facture or production of any defense articles

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enumerated elsewhere in this category that *(g) Non/nuclear warheads for rockets and are designated as Significant Military Equip- guided missiles. ment (SME) shall itself be designated SME. (h) All specifically designed or modified (f) The following explains and amplifies the components, parts, accessories, attachments, terms used in this category and elsewhere in and associated equipment for the articles in this subchapter: this category. (1) The components, parts, accessories and (i) Technical data (as defined in § 120.21 of attachments controlled in this category in- this subchapter) and defense services (as de- clude, but are not limited to cartridge cases, fined in § 120.8 of this subchapter) directly re- powder bags (or other propellant charges), lated to the defense articles enumerated in bullets, jackets, cores, shells (excluding paragraphs (a) through (h) of this category. shotgun shells), projectiles (including can- (See § 125.4 of this subchapter for exemp- ister rounds and submunitions therefor), tions.) Technical data directly related to the boosters, firing components therefor, prim- manufacture or production of any defense ar- ers, and other detonating devices for the de- ticles enumerated elsewhere in this category fense articles controlled in this category. that are designated as Significant Military (2) This category does not control car- Equipment (SME) shall itself be designated tridge and shell casings that, prior to export, SME. have been rendered useless beyond the possi- bility of restoration for use as a cartridge or CATEGORY V—EXPLOSIVES AND ENERGETIC shell casing by means of heating, flame MATERIALS, PROPELLANTS, INCENDIARY treatment, mangling, crushing, cutting or AGENTS AND THEIR CONSTITUENTS popping. *(a) Explosives, and mixtures thereof: (1) (3) Equipment and tooling in paragraph (c) ADNBF (aminodinitrobenzofuroxan or 7- of this category does not include equipment Amino 4,6-dinitrobenzofurazanr-1-oxide) for hand-loading ammunition. (CAS 97096–78–1); (4) The articles in this category include (2) BNCP (cis-bis (5-nitrotetrazolato) tetra any end item, component, accessory, attach- amine-cobalt (III) perchlorate); ment, part, firmware, software, or system (3) CL–14 (diamino dinitrobenzofuroxan or that has been designed or manufactured 5,7-diamino-4,6-dinitrobenzofurazane-1-oxide) using technical data and defense services (CAS 117907–74–1); controlled by this category. (4) CL–20 (HNIW or (5) The articles specifically designed or Hexanitrohexaazaisowurtzitane); (CAS modified for military application controlled 135285–90-4); chlathrates of CL–20 (see para- in this category include any article specifi- graphs (g)(3) and (4) of this category); cally developed, configured, or adapted for (5) CP (2-(5-cyanotetrozolato) penta military application aminecobalt (III) perchlorate); (CAS 70247– 32–4); CATEGORY IV—LAUNCH VEHICLES, GUIDED (6) DADE (1,1-diamino-2,2-dinitroethylene, MISSILES, BALLISTIC MISSILES, ROCKETS, FOX7); TORPEDOES, BOMBS AND MINES (7) DDFP (1,4-dinitrodifurazanopiperazine); *(a) Rockets (including but not limited to (8) DDPO (2,6-diamino-3,5-dinitropyrazine- meteorological and other sounding rockets), 1-oxide, PZO); (CAS 194486–77–6); bombs, grenades, torpedoes, depth charges, (9) DIPAM (3,3′-Diamino-2,2′,4,4′,6,6′- land and naval mines, as well as launchers hexanitrobiphenyl or dipicrimide) (CAS for such defense articles, and demolition 17215–44–0); blocks and blasting caps. (See § 121.11.) (10) DNGU (DINGU or dinitroglycoluril) *(b) Launch vehicles and missile and anti- (CAS 55510–04–8); missile systems including but not limited to (11) Furazans, as follows: guided, tactical and strategic missiles, (i) DAAOF (diaminoazoxyfurazan); launchers, and systems. (ii) DAAzF (diaminoazofurazan) (CAS (c) Apparatus, devices, and materials for 78644–90–3); the handling, control, activation, moni- (12) HMX and derivatives (see paragraph toring, detection, protection, discharge, or (g)(5) of this category): detonation of the articles in paragraphs (a) (i) HMX and (b) of this category. (See § 121.5.) (Cyclotetramethylenetetranitramine; *(d) Missile and space launch vehicle pow- octahydro-1,3,5,7-tetranitro-1,3,5,7-tetrazine; erplants. 1,3,5,7-tetranitro-1,3,5,7-tetraza-cyclooctane; *(e) Military explosive excavating devices. octogen, octogene) (CAS 2691–41–0); *(f) Ablative materials fabricated or semi- (ii) Diflouroaminated analogs of HMX; fabricated from advanced composites (e.g., (iii) K–55 (2,4,6,8-tetranitro-2,4,6,8- silica, graphite, carbon, carbon/carbon, and tetraazabicyclo [3,3,0]-octanone-3, boron filaments) for the articles in this cat- tetranitrosemiglycouril, or keto-bicyclic egory that are derived directly from or spe- HMX) (CAS 130256-72–3); cifically developed or modified for defense (13) HNAD (hexanitroadamantane) (CAS articles. 143850–71–9);

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(14) HNS (hexanitrostilbene) (CAS 20062–22– (vii) NTDNA (2-nitrotriazole 5- 0); dinitramide); (15) Imidazoles, as follows: (viii) NTDNT (1-N-(2-nitrotriazolo) 3,5- (i) BNNI (Octohydro-2,5-bis(nitroimino) dinitro-triazole); imidazo [4,5-d]Imidazole); (ix) PDNT (1-picryl-3,5-dinitrotriazole); (ii) DNI (2,4-dinitroimidazole) (CAS 5213– (x) TACOT 49–0); (tetranitrobenzotriazolobenzotriazole) (CAS (iii) FDIA (1-fluoro-2,4-dinitroimidazole); 25243–36–1); (iv) NTDNIA (N-(2-nitrotriazolo)-2,4- (32) Any explosive not listed elsewhere in dinitro-imidazole); paragraph (a) of this category with a detona- (v) PTIA (1-picryl-2,4,5-trinitroimidazole); tion velocity exceeding 8,700m/s at maximum (16) NTNMH (1-(2-nitrotriazolo)-2- density or a detonation pressure exceeding 34 dinitromethylene hydrazine); Gpa (340 kbar). (17) NTO (ONTA or 3-nitro-1,2,4-triazol-5- (33) Other organic explosives not listed one) (CAS 932–64–9); elsewhere in paragraph (a) of this category (18) Polynitrocubanes with more than four yielding detonation pressures of 25 Gpa (250 nitro groups; kbar) or more that will remain stable at (19) PYX (2,6-Bis(picrylamino)-3,5- temperatures of 523K (250oC) or higher for pe- dinitropyridine) (CAS 38082–89–2); riods of 5 minutes or longer; (20) RDX and derivatives: (34) Diaminotrinitrobenzene (DATB); (i) RDX (cyclotrimethylentrinitramine), (35) Any other explosive not elsewhere cyclonite, T4, hexahydro-1,3,5-trinitro-1,3,5- identified in this category specifically de- triazine, 1,3,5-trinitro-1,3,5-triaza- signed, modified, adapted, or configured (e.g. cyclohexane, hexogen, or hexogene) (CAS formulated) for military application. 121–84–4); * (b) Propellants: (ii) Keto-RDX (K–6 or 2,4,6-trinitro-2,4,6- (1) Any United Nations (UN) Class 1.1 solid triazacyclohexanone (CAS 115029–35–1); propellant with a theoretical specific im- (21) TAGN (Triaminoguanidinenitrate) pulse (under standard conditions) of more (CAS 4000–16–2); (22) TATB (Triaminotrinitrobenzene) (CAS than 250 seconds for non-metallized, or 270 3058–38–6) (see paragraph (g)(7) of this cat- seconds for metallized compositions; egory); (2) Any UN Class 1.3 solid propellant with (23) TEDDZ (3,3,7,7-tetrabis(difluoroamine) a theoretical specific impulse (under stand- octahydro-1,5-dinitro-1,5-diazocine; ard conditions) of more than 230 seconds for (24) Tetrazoles, as follows: non-halogenized, or 250 seconds for non-met- (i) NTAT (nitrotriazol aminotetrazole); allized compositions; (ii) NTNT (1-N-(2-nitrotriazolo)-4- (3) Propellants having a force constant of nitrotrazole); more than 1,200 kJ/Kg; (25) Tetryl (4) Propellants that can sustain a steady- (trinitrophenylmethylnitramine) (CAS 479– state burning rate more than 38mm/s under 45–8); standard conditions (as measured in the form (26) TNAD (1,4,5,8-tetranitro-1,4,5,8- of an inhibited single strand) of 6.89 Mpa (68.9 tetraazadecalin) (CAS 135877-16–6)(see para- bar) pressure and 294K (210 C); graph (g)(6) of this category); (5) Elastomer modified cast double based (27) TNAZ (1,1,3-trinitroazetidine) (CAS propellants with extensibility at maximum 97645–24–4) (see paragraph (g)(2) of this cat- stress greater than 5% at 233 K (¥40C); egory); (6) Any propellant containing substances (28) TNGU (SORGUYL or listed in Category V; tetranitroglycoluril) (CAS 55510–03–7); (7) Any other propellant not elsewhere (29) TNP (1,4,5,8-tetranitropyridazine (CAS identified in this category specifically de- 229176–04–9); signed, modified, adapted, or configured (e.g., (30) Triazines, as follows: formulated) for military application. (i) DNAM (2-oxy-4,6-dinitroamino-s-tri- (c) Pyrotechnics, fuels and related sub- azine) (CAS 19899–80–0); stances, and mixtures thereof: (ii) NNHT (2-nitroimino-5-nitro-hexahydro- (1) Alane (aluminum hydride)(CAS 7784–21– 1,3,5 triazine) (CAS 130400–13–4); 6); (31) Triazoles, as follows: (2) Carboranes; decaborane (CAS 17702–41– (i) 5-azido-2-nitratriazole; 9); pentaborane and derivatives thereof; (ii) ADHTDN (4-amino-3,5-hihydrazino- (3) Hydrazine and derivatives: 1,2,4-triazole dinitramide) (CAS 1614–08–0); (i) Hydrazine (CAS 302–01–2) in concentra- (iii) ADNT (1-amino-3,5-dinitro-1,2,4-tri- tions of 70% or more (not hydrazine mixtures azole); specially formulated for corrosion control); (iv) BDTNTA ([Bis-dinitrotriazole]amine); (ii) Monomethyl hydrazine (CAS 60–34–4); (v) DBT (3,3’-dinitro-5,5-bi-1,2,4-triazole) (iii) Symmetrical dimethyl hydrazine (CAS (CAS 30003–46–4); 540–73–8); (vi) DNBT (dinitrobistriazole) (CAS 70890– (iv) Unsymmetrical dimethyl hydrazine 46–9); (CAS 57–14–7);

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(4) Liquid fuels specifically formulated for (10) Liquid oxidizers comprised of or con- use by articles covered by Categories IV, VI, taining inhibited red fuming nitric acid and VIII; (IRFNA) (CAS 8007–58–7) or oxygen (5) Spherical aluminum powder (CAS 7429– diflouride; 90–5) in particle sizes of 60 micrometers or (11) Perchlorates, chlorates, and chromates less manufactured from material with an composited with powdered metal or other aluminum content of 99% or more; high energy fuel components controlled by (6) Metal fuels in particle form whether this category; spherical, atomized, spheroidal, flaked or (12) Any other oxidizer not elsewhere iden- ground, manufactured from material con- tified in this category specifically designed, sisting of 99% or more of any of the fol- modified, adapted, or configured (e.g., formu- lowing: lated) for military application. (i) Metals and mixtures thereof: * (e) Binders, and mixtures thereof: (A) Beryllium (CAS 7440–41–7) in particle (1) AMMO (azidomethylmethyloxetane and sizes of less than 60 micrometers; its polymers) (CAS 90683–29–7) (see paragraph (B) Iron powder (CAS 7439–89–6) with par- (g)(1) of this category); ticle size of 3 micrometers or less produced (2) BAMO (bisazidomethyloxetane and its by reduction of iron oxide with hydrogen; polymers) (CAS 17607–204) (see paragraph (ii) Mixtures, which contain any of the fol- (g)(1) of this category); lowing: (3) BTTN (butanetrioltrinitrate) (CAS 6659– (A) Boron (CAS 7440–42–8) or boron carbide 60–5) (see paragraph (g)(8) of this category); (CAS 12069–32–8) fuels of 85% purity or higher (4) FAMAO (3-difluoroaminomethyl-3- and particle sizes of less than 60 microm- azidomethyl oxetane) and its polymers; eters; (5) FEFO (bis-(2-fluoro-2,2- (B) Zirconium (CAS 7440–67–7), magnesium dinitroethyl)formal) (CAS 17003–79–1); (CAS 7439–95–4) or alloys of these in particle (6) GAP (glycidylazide polymer) (CAS sizes of less than 60 micrometers; 143178–24–9) and its derivatives; (iii) Explosives and fuels containing the (7) HTPB (hydroxyl terminated metals or alloys listed in paragraphs (c)(6)(i) polybutadiene) with a hydroxyl functionality and (c)(6)(ii) of this category whether or not equal to or greater than 2.2 and less than or the metals or alloys are encapsulated in alu- equal to 2.4, a hydroxyl value of less than minum, magnesium, zirconium, or beryl- 0.77 meq/g, and a viscosity at 30 °C of less lium; than 47 poise (CAS 69102–90–5); (7) Pyrotechnics and pyrophoric materials (8) NENAS (nitratoethylnitramine com- specifically formulated for military purposes pounds) (CAS 17096–47–8, 85068-73–1 and 82486– to enhance or control the production of radi- 82–6); ated energy in any part of the IR spectrum. (9) Poly-NIMMO (8) Titanium subhydride (TiHn) of stoichi- (nitratomethylmethyloxetane (poly [3- ometry equivalent to n = 0.65–1.68; nitratomethyl, 3-methyl oxetane] or (9) Military materials containing thick- (NMMO)) (CAS 84051–81–0); eners for hydrocarbon fuels specially formu- (10) Energetic monomers, plasticizers and lated for use in flame throwers or incendiary polymers containing nitro, azido nitrate, munitions; metal stearates or palmates (also nitraza or difluoromaino groups specially known s octol); and M1, M2 and M3 thick- formulated for military use; eners; (11) TVOPA 1,2,3-Tris [1,2- (10) Any other pyrotechnic, fuel and re- bis(difluoroamino) ethoxy]propane; tris lated substance and mixture thereof not else- vinoxy propane adduct; where identified in this category specifically (12) Polynitrorthocarbonates; designed, modified, adapted, or configured (13) FPF–1 poly-2,2,3,3,4,4-hexafluoro pen- (e.g., formulated) for military application. tane-1,5-diolformal; (d) Oxidizers, to include: (14) FPF–3 poly-2,4,4,5,5,6,6-heptafluoro-2- (1) ADN (ammonium dinitramide or SR–12) trifluoromethyl-3-oxaheptane-1,7-dioformal; (CAS 140456–78–6); (15) PGN (Polyglycidylnitrate or (2) AP (ammonium perchlorate) (CAS 7790– poly(nitratomethyl oxirane); poly-GLYN); 98–9); (16) N-methyl-p-nitroaniline; (3) BDNPN (bis,2,2-dinitropropylnitrate) (17) Low (less than 10,000) molecular (CAS 28464–24–6); weight, alcohol-functionalized, (4) DNAD (1,3-dinitro-1,3-diazetidine) (CAS poly(epichlorohydrin); 78246–06–7); poly(epichlorohydrindiol); and triol; (5) HAN (Hydroxylammonium nitrate) (18) Bis(2,2-dinitropropyl) formal and ace- (CAS 13465–08–2); tal; (6) HAP (hydroxylammonium perchlorate) (19) Any other binder and mixture thereof (CAS 15588–62–2); not elsewhere identified in this category spe- (7) HNF (Hydrazinium nitroformate) (CAS cifically designed, modified, adapted, or con- 20773–28–8); figured (e.g. formulated) for military applica- (8) Hydrazine nitrate (CAS 37836–27–4); tion. (9) Hydrazine perchlorate (CAS 27978–54–7); (f) Additives:

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(1) Basic copper salicylate (CAS 62320–94–9); (1) BCMO (bischloromethyloxetane) (CAS (2) BHEGA (Bis-(2-hydroxy- 142173–26–0) (see paragraphs (e)(1) and (2) of ethyl)glycolamide) (CAS 17409–41–5); this category); (3) Ferrocene Derivatives: (2) Dinitroazetidine-t-butyl salt (CAS (i) Butacene (CAS 125856–62–4); 125735–38–8) (see paragraph (a)(28) of this cat- (ii) Catocene (2,2-Bis-ethylferrocenyl pro- egory); pane) (CAS 37206–42–1); (3) HBIW (iii) Ferrocene carboxylic acids; (iv) n-butyl-ferrocene (CAS 319904–29–7); (hexabenzylhexaazaisowurtzitane) (CAS (4) Lead beta-resorcylate (CAS 20936–32–7); 124782–15–6) (see paragraph (a)(4) of this cat- (5) Lead citrate (CAS 14450–60–3); egory); (6) Lead-copper chelates of beta- (4) TAIW (tetraacetyldibenzylhexa- resorcylate or salicylates (CAS 68411–07–4); azaisowurtzitane) (see paragraph (a)(4) of (7) Lead maleate (CAS 19136–34–6); this category); (8) Lead salicylate (CAS 15748–73–9); (5) TAT (1,3,5,7-tetraacetyl-1,3,5,7-tetraaza- (9) Lead stannate (CAS 12036–31–6); cyclooctane) (CAS 41378–98–7) (see paragraph (10) MAPO (tris-1-(2-methyl)aziridinyl (a)(13) of this category); phosphine oxide) (CAS 57–39–6); BOBBA–8 (6) Tetraazadecalin (CAS 5409–42–7) (see (bis(2-methyl aziridinyl) 2-(2- paragraph (a)(27) of this category); hydroxypropanoxy) propylamino phosphine (7) 1,3,5-trichorobenzene (CAS 108–70–3) (see oxide); and other MAPO derivatives; (11) Methyl BAPO (Bis(2-methyl aziridinyl) paragraph (a)(23) of this category); methylamino phosphine oxide) (CAS 85068– (8) 1,2,4-trihydroxybutane (1,2,4- 72–0); butanetriol) (CAS 3068–00–6) (see paragraph (12) 3-Nitraza-1,5 pentane diisocyanate (e)(5) of this category); (CAS 7406–61–9); (h) Technical data (as defined in § 120.21 of (13) Organo-metallic coupling agents, spe- this subchapter) and defense services (as de- cifically: fined in § 120.8 of this subchapter) directly re- (i) Neopentyl[diallyl]oxy, tri [dioctyl] lated to the defense articles numerated in phosphatotitanate (CAS 103850–22–2); also paragraphs (a) through (g) of this category. known as titanium IV, 2,2[bis 2-propenolato- (See § 125.4 of this subchapter for exemp- methyl, butanolato, tris (dioctyl) phosphato] tions.) Technical data directly related to the (CAS 110438–25–0), or LICA 12 (CAS 103850–22– manufacture or production of any defense ar- 2); ticles enumerated elsewhere in this category (ii) Titanium IV, [(2-propenolato-1) methyl, that are designated as Significant Military n-propanolatomethyl] butanolato-1, Equipment (SME) shall itself be designated tris(dioctyl)pyrophosphate, or KR3538; (iii) Titanium IV, [2-propenolato-1)methyl, SME. propanolatomethyl] butanolato-1, (i) The following interpretations explain tris(dioctyl) phosphate; and amplify the terms used in this category (14) Polyfunctional aziridine amides with and elsewhere in this subchapter. isophthalic, trimesic (BITA or butylene (1) Category V contains explosives, ener- imine trimesamide), isoyanuric, or getic materials, propellants and pyrotech- trimethyladipic backbone structures and 2- nics and specially formulated fuels for air- methyl or 2-ethyl substitutions on the craft, missile and naval applications. Explo- aziridine ring and its polymers; sives are solid, liquid or gaseous substances (15) Superfine iron oxide (Fe2O3 hematite) or mixtures of substances, which, in their with a specific surface area more than 250 m primary, booster or main charges in war- 2/g and an average particle size of 0.003 µm or heads, demolition or other military applica- less (CAS 1309–37–1); tions, are required to detonate. (16) TEPAN (tetraethylenepentaamine ac- (2) Paragraph (c)(6)(ii)(A) of this category rylonitrile) (CAS 68412–45–3); cyanoethylated does not control boron and boron carbide en- polyamines and their salts; riched with boron-10 (20% or more of total (17) TEPANOL (Tetraethylenepentamine acrylonitrileglycidol) (CAS 110445–33–5); boron-10 content. cyanoethylated polyamines adducted with (3) The resulting product of the combina- glycidol and their salts; tion of any controlled or non-controlled sub- (18) TPB (triphenyl bismuth) (CAS 603–33– stance compounded or mixed with any item 8); controlled by this subchapter is also subject (19) PCDE (Polycyanodifluoroaminoe to the controls of this category. thyleneoxide); NOTE 1: To assist the exporter, an item has (20) BNO (Butadienenitrileoxide); (21) Any other additive not elsewhere iden- been categorized by the most common use. tified in this category specifically designed, Also, a reference has been provided to the re- modified, adapted, or configured (e.g., formu- lated controlled precursors (e.g., see para- lated) for military application. graph (a)(12) of this category). Regardless of (g) Precursors, as follows:

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where the item has been placed in the cat- *(b) Military tanks, combat engineer vehi- egory, all exports are subject to the controls cles, bridge launching vehicles, half-tracks of this subchapter. and gun carriers. NOTE 2: Chemical Abstract Service (CAS) (c) Military trucks, trailers, hoists, and registry numbers do not cover all the sub- skids specifically designed, modified, or stances and mixtures controlled by this cat- equipped to mount or carry weapons of Cat- egory. The numbers are provided as examples egories I, II and IV of this section or for car- to assist the government agencies in the li- rying and handling the articles in paragraph cense review process and the exporter when (a) of Categories III and IV of this section. completing their license application and ex- *(d) Military recovery vehicles. port documentation. *(e) Amphibious vehicles. *(f) Engines specifically designed or modi- CATEGORY VI—VESSELS OF WAR AND SPECIAL fied for the vehicles in paragraphs (a), (b), NAVAL EQUIPMENT. and (e) of this category. (g) All specifically designed or modified *(a) Warships, amphibious warfare vessels, components, parts, accessories, attachments, landing craft, mine warfare vessels, patrol and associated equipment for the articles in vessels and any vessels specifically designed this category, including but not limited to or modified for military purposes. (See military bridges and deep water fording kits. § 121.15.) (h) Technical data (as defined in § 120.10 of (b) Patrol craft without armor, armament this subchapter) and defense services (as de- or mounting surfaces for weapon systems fined in § 120.9 of this subchapter) directly re- more significant than .50 caliber machine lated to the defense articles enumerated in guns or equivalent and auxiliary vessels. paragraphs (a) through (g) of this category. (See § 121.15.) Technical data directly related to the manu- *(c) Turrets and gun mounts, arresting facture or production of any defense articles gear, special weapons systems, protective enumerated elsewhere in this category that systems, submarine storage batteries, cata- are designated as Significant Military Equip- pults, mine sweeping equipment (including ment (SME) shall itself be designated SME. mine countermeasures equipment deployed (i) The following explains and amplifies the by aircraft) and other significant naval sys- terms used in this category and elsewhere in tems specifically designed or modified for this subchapter. combatant vessels. (1) An amphibious vehicle in paragraph (e) (d) Harbor entrance detection devices of this category is an automotive vehicle or (magnetic, pressure, and acoustic) and con- chassis which embodies all-wheel drive, is trols therefor. equipped to meet special military require- *(e) Naval nuclear propulsion plants, their ments, and which has sealed electrical sys- land prototypes, and special facilities for tem or adaptation features for deep water their construction, support, and mainte- fording. nance. This includes any machinery, device, (2) The articles in this category include component, or equipment specifically devel- any end item, component, accessory, attach- oped, designed or modified for use in such ment part, firmware, software or system plants or facilities. (See § 123.20) that has been designed or manufactured (f) All specifically designed or modified using technical data and defense service con- components, parts, accessories, attachments, trolled by this category. and associated equipment for the articles in paragraphs (a) through (e) of this category. CATEGORY VIII—AIRCRAFT AND ASSOCIATED (g) Technical data (as defined in § 120.10) EQUIPMENT and defense services (as defined in § 120.9) di- *(a) Aircraft, including but not limited to rectly related to the defense articles enu- helicopters, non-expansive balloons, drones, merated in paragraphs (a) through (f) of this and lighter-than-air aircraft, which are spe- category. (See § 125.4 for exemptions.) Tech- cifically designed, modified, or equipped for nical data directly related to the manufac- military purposes. This includes but is not ture or production of any defense articles limited to the following military purposes: enumerated elsewhere in this category that Gunnery, bombing, rocket or missile launch- are designated as Significant Military Equip- ing, electronic and other surveillance, recon- ment (SME) shall itself be designated SME. naissance, refueling, aerial mapping, mili- tary liaison, cargo carrying or dropping, per- CATEGORY VII—TANKS AND MILITARY sonnel dropping, airborne warning and con- VEHICLES trol, and military training. (See § 121.3.) *(a) Military type armed or armored vehi- *(b) Military aircraft engines, except recip- cles, military railway trains, and vehicles rocating engines, specifically designed or specifically designed or modified to accom- modified for the aircraft in paragraph (a) of modate mountings for arms or other special- this category. ized military equipment or fitted with such *(c) Cartridge-actuated devices utilized in items. emergency escape of personnel and airborne

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equipment (including but not limited to air- category (see § 125.4 for exemptions), except borne refueling equipment) specifically de- for hot section technical data associated signed or modified for use with the aircraft with commercial aircraft engines. Technical and engines of the types in paragraphs (a) data directly related to the manufacture or and (b) of this category. production of any defense articles enumer- (d) Launching and recovery equipment for ated elsewhere in this category that are des- the articles in paragraph (a) of this category, ignated as Significant Military Equipment if the equipment is specifically designed or (SME) shall itself be designated SME. modified for military use. Fixed land-based arresting gear is not included in this cat- CATEGORY IX—MILITARY TRAINING egory. EQUIPMENT *(e) Inertial navigation systems, aided or (a) Military training equipment including hybrid inertial navigation systems, Inertial but not limited to attack trainers, radar tar- Measurement Units (IMUs), and Attitude and get trainers, radar target generators, gun- Heading Reference Systems (AHRS) specifi- nery training devices, antisubmarine warfare cally designed, modified, or configured for trainers, target equipment, armament train- military use and all specifically designed ing units, operational flight trainers, air components, parts and accessories. For other combat training systems, radar trainers, inertial reference systems and related com- navigation trainers, and simulation devices ponents refer to Category XII(d). related to defense articles. (f) Developmental aircraft, engines, and (b) Components, parts, accessories, attach- components thereof specifically designed, ments, and associated equipment specifically modified, or equipped for military uses or designed or modified for the articles in para- purposes, or developed principally with U.S. graph (a) of this category. Department of Defense funding, excluding (c) Technical Data (as defined in § 120.21 of such aircraft, engines, and components sub- this subchapter) and defense services (as de- ject to the jurisdiction of the Department of fined in § 120.8 of this subchapter) directly re- Commerce. lated to the defense articles enumerated in NOTE: Developmental aircraft, engines, and paragraphs (a) and (b) of this category. (See components thereof, having no commercial § 125.4 for exemptions.). application at the time of this amendment and which have been specifically designed for CATEGORY X—PROTECTIVE PERSONNEL military uses or purposes, or developed prin- EQUIPMENT cipally with U.S. Department of Defense (a) Body armor specifically designed, modi- funding, will be considered eligible for a CCL fied or equipped for military use; articles, in- license when actually applied to a commer- cluding but not limited to clothing, de- cial aircraft or commercial aircraft engine signed, modified or equipped to protect program. Exporters may seek to establish against or reduce detection by radar, infra- commercial application either on a case-by- red (IR) or other sensors; military helmets case basis through submission of documenta- equipped with communications hardware, tion demonstrating application to a commer- optical sights, slewing devices or mecha- cial program in requesting an export license nisms to protect against thermal flash or la- application from Commerce in respect of a sers, excluding standard military helmets. specific export or, in the case of use for (b) Partial pressure suits and liquid oxygen broad categories of aircraft, engines, or com- converters used in aircraft in Category ponents, a commodity jurisdiction from VIII(a). State. (c) Components, parts, accessories, attach- *(g) Ground effect machines (GEMS) spe- ments, and associated equipment specifically cifically designed or modified for military designed or modified for use with the articles use, including but not limited to surface ef- in paragraphs (a) and (b) of this category. fect machines and other air cushion vehicles, (d) Technical data (as defined in § 120.10) and all components, parts, and accessories, and defense services (as defined in § 120.9 of attachments, and associated equipment spe- this subchapter) directly related to the de- cifically designed or modified for use with fense articles enumerated in paragraphs (a) such machines. through (c) of this category. (h) Components, parts, accessories, attach- (e) Technical Data (as defined in § 120.21 of ments, and associated equipment (including this subchapter) and defense services (as de- ground support equipment) specifically de- fined in § 120.8 of this subchapter) directly re- signed or modified for the articles in para- lated to the defense articles enumerated in graphs (a) through (e) of this category, ex- paragraphs (a) through (d) of this category. cluding aircraft tires and propellers used (See § 125.4 of this subchapter for exemp- with reciprocating engines. tions.) (i) Technical data (as defined in § 120.10) CATEGORY XI—MILITARY ELECTRONICS and defense services (as defined in § 120.9) di- rectly related to the defense articles enu- (a) Electronic equipment not included in merated in paragraphs (a) through (h) of this Category XII of the U.S. Munitions List

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which is specifically designed, modified or for intelligence, security or military pur- configured for military application. This poses. equipment includes but is not limited to: (3) Designed or modified for the purpose of *(1) Underwater sound equipment to in- information security to suppress the compro- clude active and passive detection, identi- mising emanations of information-bearing fication, tracking, and weapons control signals. This covers TEMPEST suppression equipment. technology and equipment meeting or de- *(2) Underwater acoustic active and passive signed to meet government TEMPEST stand- countermeasures and counter-counter- ards. This definition is not intended to in- measures. clude equipment designed to meet Federal (3) Radar systems, with capabilities such Communications Commission (FCC) com- as: mercial electro-magnetic interference stand- *(i) Search, ards or equipment designed for health and *(ii) Acquisition, safety. *(iii) Tracking, (c) Components, parts, accessories, attach- *(iv) Moving target indication, ments, and associated equipment specifically *(v) Imaging radar systems, designed or modified for use with the equip- (vi) Any ground air traffic control radar ment in paragraphs (a) and (b) of this cat- which is specifically designed or modified for egory, except for such items as are in normal military application. commercial use. *(4) Electronic combat equipment, such as: (d) Technical data (as defined in § 120.21) (i) Active and passive countermeasures, and defense services (as defined in § 120.8) di- (ii) Active and passive counter-counter- rectly related to the defense articles enu- measures, and merated in paragraphs (a) through (c) of this (iii) Radios (including transceivers) specifi- category. (See § 125.4 for exemptions.) Tech- cally designed or modified to interfere with nical data directly related to the manufac- other communication devices or trans- ture or production of any defense articles missions. enumerated elsewhere in this category that *(5) Command, control and communica- are designated as Significant Military Equip- tions systems to include radios ment (SME) shall itself be designated as (transceivers), navigation, and identification SME. equipment. CATEGORY XII—FIRE CONTROL, RANGE FIND- (6) Computers specifically designed or de- ER, OPTICAL AND GUIDANCE AND CONTROL veloped for military application and any EQUIPMENT computer specifically modified for use with any defense article in any category of the *(a) Fire control systems; gun and missile U.S. Munitions List. tracking and guidance systems; gun range, (7) Any experimental or developmental position, height finders, spotting instru- electronic equipment specifically designed or ments and laying equipment; aiming devices modified for military application or specifi- (electronic, optic, and acoustic); bomb cally designed or modified for use with a sights, bombing computers, military tele- military system. vision sighting and viewing units, and peri- *(b) Electronic systems or equipment spe- scopes for the articles of this section. cifically designed, modified, or configured *(b) Lasers specifically designed, modified for intelligence, security, or military pur- or configured for military application in- poses for use in search, reconnaissance, col- cluding those used in military communica- lection, monitoring, direction-finding, dis- tion devices, target designators and range play, analysis and production of information finders, target detection systems, and di- from the electromagnetic spectrum and elec- rected energy weapons. tronic systems or equipment designed or *(c) Infrared focal plane array detectors modified to counteract electronic surveil- specifically designed, modified or configured lance or monitoring. A system meeting this for military use; image intensification and definition is controlled under this sub- other night sighting equipment or systems chapter even in instances where any indi- specifically designed, modified, or configured vidual pieces of equipment constituting the for military use; second generation and system may be subject to the controls of an- above military image intensification tubes other U.S. Government agency. Such sys- (defined below) specifically designed, devel- tems or equipment described above include, oped, modified or configured for military but are not limited to, those: use, and infrared, visible and ultraviolet de- (1) Designed or modified to use cryp- vices specifically designed, developed, modi- tographic techniques to generate the spread- fied, or configured for military application. ing code for spread spectrum or hopping code Military second and third generation image for frequency agility. This does not include intensification tubes and military infrared fixed code techniques for spread spectrum. focal plane arrays identified in this subpara- (2) Designed or modified using burst tech- graph are licensed by the Department of niques (e.g., time compression techniques) Commerce (ECCN 6A02A and 6A03A) when a

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part of a commercial system (i.e. those sys- (1) Military cryptographic (including key tems originally designed for commercial management) systems, equipment, assem- use). This does not include any military sys- blies, modules, integrated circuits, compo- tem comprised of non-military specification nents or software with the capability of components. Replacement tubes or focal maintaining secrecy or confidentiality of in- plane arrays identified in this paragraph formation or information systems, including being exported for commercial systems are equipment and software for tracking, telem- subject to the controls of the ITAR. etry and control (TT&C) encryption and decryption. NOTE: Special Definition. For purposes of (2) Military cryptographic (including key this subparagraph, second and third genera- management) systems, equipment, assem- tion image intensification tubes are defined as blies, modules, integrated circuits, compo- having: nents of software which have the capability A peak response within the 0.4 to 1.05 mi- of generating spreading or hopping codes for cron wavelength range and incorporating a spread spectrum systems or equipment. microchannel plate for electron image am- (3) Military cryptanalytic systems, equip- plification having a hold pitch (center-to- ment, assemblies, modules, integrated cir- center spacing) of less than 25 microns and cuits, components or software. having either: (4) Military systems, equipment, assem- (a) An S–20, S–25 or multialkali blies, modules, integrated circuits, compo- photocathode; or nents or software providing certified or cer- (b) A GaAs, GaInAs, or other compound tifiable multi-level security or user isolation semiconductor photocathode. exceeding class B2 of the Trusted Computer System Evaluation Criteria (TCSEC) and *(d) Inertial platforms and sensors for software to certify such systems, equipment weapons or weapon systems; guidance, con- or software. trol and stabilization systems except for (5) Ancillary equipment specifically de- those systems covered in Category VIII; signed or modified for paragraphs (b) (1), (2), astro-compasses and star trackers and mili- (3), and (4) of this category. tary accelerometers and gyros. For aircraft (c) Self-contained diving and underwater inertial reference systems and related com- breathing apparatus as follows: ponents refer to Category VIII. (1) Closed and semi-closed circuits (re- (e) Components, parts, accessories, attach- breathing) apparatus; ments and associated equipment specifically (2) Specially designed components for use designed or modified for the articles in para- in the conversion of open-circuit apparatus graphs (a) through (d) of this category, ex- to military use; and cept for such items as are in normal com- (3) Articles exclusively designed for mili- mercial use. tary use with self-contained diving and un- (f) Technical data (as defined in § 120.21) derwater swimming apparatus. and defense services (as defined in § 120.8) di- (d) Carbon/carbon billets and preforms rectly related to the defense articles enu- which are reinforced with continuous merated in paragraphs (a) through (e) of this unidirectional tows, tapes, or woven cloths category. (See § 125.4 for exemptions.) Tech- in three or more dimensional planes (i.e. 3D, nical data directly related to manufacture 4D, etc.). This is exclusive of carbon/carbon and production of any defense articles enu- billets and preforms where reinforcement in merated elsewhere in this category that are the third dimension is limited to inter- designated as Significant Military Equip- locking of adjacent layers only, and carbon/ ment (SME) shall itself be designated as carbon 3D, 4D, etc. end items which have not SME. been specifically designed or modified for de- fense articles (e.g., brakes for commercial CATEGORY XIII—AUXILIARY MILITARY aircraft or high speed trains). Armor (e.g., EQUIPMENT organic, ceramic, metallic), and reactive (a) Cameras and specialized processing armor which has been specifically designed equipment therefor, photointerpretation, or modified for defense articles. Structural stereoscopic plotting, and photogrammetry materials including carbon/carbon and metal equipment which are specifically designed or matrix composites, plate, forgings, castings, modified for military purposes, and compo- welding consumables and rolled and extruded nents specifically designed or modified shapes which have been specifically designed therefor; or modified for defense articles. (b) Military Information Security Systems (e) Concealment and deception equipment, and equipment, cryptographic devices, soft- including but not limited to special paints, ware, and components specifically designed decoys, and simulators and components, or modified therefor (i.e., such items when parts and accessories specifically designed or specifically designed, developed, configured, modified therefor. adapted or modified for military applications (f) Energy conversion devices for producing (including command, control and intel- electrical energy from nuclear, thermal, or ligence applications)). This includes: solar energy, or from chemical reaction

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which are specifically designed or modified phosphonothiolate (CAS 50782–69–9) (CWC for military application. Schedule 1A); (g) Chemiluminescent compounds and solid (2) Amiton: O,O-Diethyl S- state devices specifically designed or modi- [2(diethylamino)ethyl] phosphorothiolate fied for military application. and corresponding alkylated or protonated (h) Devices embodying particle beam and salts (CAS 78–53–5) (CWC Schedule 2A); electromagnetic pulse technology and asso- (3) Vesicant agents: ciated components and subassemblies (e.g., (i) Sulfur mustards, such as: 2- ion beam current injectors, particle accel- Chloroethylchloromethylsulfide (CAS 2625– erators for neutral or charged particles, 76–5) (CWC Schedule 1A); Bis(2- beam handling and projection equipment, chloroethyl)sulfide (CAS 505–60–2) (CWC beam steering, fire control, and pointing Schedule 1A); Bis(2-ch1oroethylthio)methane equipment, test and diagnostic instruments, (CAS 63839–13–6) (CWC Schedule 1A); 1,2-bis and targets) which are specifically designed (2-chloroethylthio)ethane (CAS 3563–36–8) or modified for directed energy weapon ap- (CWC Schedule 1A); 1,3-bis (2- plications. ch1oroethylthio)-n-propane (CAS 63905–10–2) (i) Metal embrittling agents. *(j) Hardware and equipment, which has (CWC Schedule 1A); 1,4-bis (2- been specifically designed or modified for chloroethylthio)-n-butane (CWC Schedule military applications, that is associated with 1A); 1,5-bis (2-chloroethylthio)-n-pentane the measurement or modification of system (CWC Schedule 1A); Bis (2- signatures for detection of defense articles. chloroethylthiomethyl)ether (CWC Schedule This includes but is not limited to signature 1A); Bis (2-chloroethylthioethyl)ether (CAS measurement equipment; prediction tech- 63918–89–8) (CWC Schedule 1A); niques and codes; signature materials and (ii) Lewisites, such as: 2- treatments; and signature control design chlorovinyldichloroarsine (CAS 541–25–3) methodology. (CWC Schedule 1A); Tris (2-chlorovinyl) ar- (k) Technical data (as defined in § 120.21 of sine (CAS 40334–70–1) (CWC Schedule 1A); Bis this subchapter) and defense services (as de- (2-chlorovinyl) chloroarsine (CAS 40334–69–8) fined in § 120.8 of this subchapter) related to (CWC Schedule 1A); the defense articles listed in this category. (iii) Nitrogen mustards, such as: HN1: bis (See § 125.4 of this subchapter for exemptions; (2-chloroethyl) ethylamine (CAS 538–07–8) see also § 123.21 of this subchapter). Technical (CWC Schedule 1A); HN2: bis (2-chloroethyl) data directly related to the manufacture or methylamine (CAS 51–75–2) (CWC Schedule production of any defense articles enumer- 1A); HN3: tris (2-chloroethyl)amine (CAS 555– ated elsewhere in this category that are des- 77–1) (CWC Schedule 1A); ignated as Significant Military Equipment (iv) Ethyldichloroarsine (ED); (SME) shall itself be designated as SME. (v) Methyldichloroarsine (MD); (4) Incapacitating agents, such as: CATEGORY XIV—TOXICOLOGICAL AGENTS, IN- CLUDING CHEMICAL AGENTS, BIOLOGICAL (i) 3-Quinuclindinyl benzilate (BZ) (CAS AGENTS, AND ASSOCIATED EQUIPMENT 6581–06–2) (CWC Schedule 2A); (ii) Diphenylchloroarsine (DA) (CAS 712–48– * (a) Chemical agents, to include: 1); (1) Nerve agents: (iii) Diphenylcyanoarsine (DC); (i) O-Alkyl (equal to or less than C , in- 10 * (b) Biological agents and biologically de- cluding cycloalkyl) alkyl (Methyl, Ethyl, n- rived substances specifically developed, con- Propyl or Isopropyl)phosphonofluoridates, figured, adapted, or modified for the purpose such as: Sarin (GB): O-Isopropyl methylphosphonofluoridate (CAS 107–44–8) of increasing their capability to produce cas- (CWC Schedule 1A); and Soman (GD): O- ualties in humans or livestock, degrade Pinacolyl methylphosphonofluoridate (CAS equipment or damage crops. 96–64–0) (CWC Schedule 1A); * (c) Chemical agent binary precursors and key precursors, as follows: (ii) O-Alkyl (equal to or less than C10, in- cluding cycloalkyl) N,N-dialkyl (Methyl, (1) Alkyl (Methyl, Ethyl, n-Propyl or Iso- Ethyl, n-Propyl or Iso- propyl) phosphonyl diflourides, such as: DF: propyl)phosphoramidocyanidates, such as: Methyl Phosphonyldifluoride (CAS 676–99–3) Tabun (GA): O-Ethyl N, N- (CWC Schedule 1B); dimethylphosphoramidocyanidate (CAS 77– Methylphosphinyldiflouride; 81–6) (CWC Schedule 1A); (2) O-Alkyl (H or equal to or less than C10, (iii) O-Alkyl (H or equal to or less than C10, including cycloalkyl) O–2-dialkyl (methyl, including cycloalkyl) S–2-dialkyl (Methyl, ethyl, n-Propyl or isopropyl)aminoethyl Ethyl, n-Propyl or Isopropyl)aminoethyl alkyl (methyl, ethyl, N-propyl or iso- alkyl (Methyl, Ethyl, n-Propyl or Iso- propyl)phosphonite and corresponding propyl)phosphonothiolates and cor- alkylated and protonated salts, such as: QL: responding alkylated and protonated salts, O-Ethyl-2-di-isopropylaminoethyl such as: VX: O-Ethyl S-2- methylphosphonite (CAS 57856–11–8) (CWC diisopropylaminoethyl methyl Schedule 1B);

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(3) Chlorosarin: O-Isopropyl (g) Antibodies, polynucleoides, biopoly- methylphosphonochloridate (CAS 1445–76–7) mers or biocatalysts specifically designed or (CWC Schedule 1B); modified for use with articles controlled in (4) Chlorosoman: O-Pinakolyl paragraph (f) of this category. methylphosphonochloridate (CAS 7040–57–5) (h) Medical countermeasures, to include (CWC Schedule 1B); pre- and post-treatments, vaccines, antidotes (5) DC: Methlyphosphonyl dichloride (CAS and medical diagnostics, specifically de- 676–97–1) (CWC Schedule 2B); signed or modified for use with the chemical Methylphosphinyldichloride; agents listed in paragraph (a) of this cat- (d) Tear gases and riot control agents in- egory and vaccines with the sole purpose of cluding: protecting against biological agents identi- (1) Adamsite (Diphenylamine chloroarsine fied in paragraph (b) of this category. Exam- or DM) (CAS 578–94–9); ples include: barrier creams specifically de- (2) CA (Bromobenzyl cyanide) (CAS 5798–79– signed to be applied to skin and personal 8); equipment to protect against vesicant agents (3) CN (Phenylacyl chloride or w- controlled in paragraph (a) of this category; Chloroacetophenone) (CAS 532–27-4); atropine auto injectors specifically designed (4) CR (Dibenz-(b,f)-1,4-oxazephine) (CAS to counter nerve agent poisoning. 257–07–8); (i) Modeling or simulation tools specifi- (5) CS (o-Chlorobenzylidenemalononitrile cally designed or modified for chemical or bi- or o-Chlorobenzalmalononitrile) (CAS 2698– ological weapons design, development or em- 41–1); ployment. The concept of modeling and sim- (6) Dibromodimethyl ether (CAS 4497–29–4) ulation includes software covered by para- ; graph (m) of this category specifically de- (7) Dichlorodimethyl ether (ClCi) (CAS 542– signed to reveal susceptibility or vulner- 88–1); ability to biological agents or materials list- (8) Ethyldibromoarsine (CAS 683–43–2); ed in paragraph (b) of this category. (9) Bromo acetone; (j) Test facilities specifically designed or (10) Bromo methylethylketone; modified for the certification and qualifica- (11) Iodo acetone; tion of articles controlled in paragraph (f) of (12) Phenylcarbylamine chloride; this category. (13) Ethyl iodoacetate; (k) Equipment, components, parts, acces- (e) Defoliants, as follows: sories, and attachments, exclusive of incin- (1) Agent Orange (2,4,5– erators (including those which have specially Trichlorophenoxyacetic acid mixed with 2,4- designed waste supply systems and special dichlorophenoxyacetic acid); handling facilities), specifically designed or (2) LNF (Butyl 2-chloro-4- modified for destruction of the chemical fluorophenoxyacetate) agents in paragraph (a) or the biological *(f) Equipment and its components, parts, agents in paragraph (b) of this category. This accessories, and attachments specifically de- destruction equipment includes facilities signed or modified for military operations specifically designed or modified for destruc- and compatibility with military equipment tion operations. as follows: (l) Tooling and equipment specifically de- (1) The dissemination, dispersion or testing signed or modified for the production of arti- of the chemical agents and biological agents cles controlled by paragraph (f) of this cat- listed in paragraph (a) and (b) of this cat- egory. egory; (m) Technical data (as defined in § 120.21 of (2) The detection, identification, warning this subchapter) and defense services (as de- or monitoring of the chemical agents and bi- fined in § 120.8 of this subchapter) related to ological agents listed in paragraph (a) and the defense artic1es enumerated in para- (b) of this category; graphs (a) through (l) of this category. (See (3) Sample collection and processing of the § 125.4 of this subchapter for exemptions.) chemical agents and biological agents listed Technical data directly related to the manu- in paragraph (a) and (b) of this category; facture or production of any defense articles (4) Individual protection against the chem- enumerated elsewhere in this Category that ical agents and biological agents listed in are designated as Significant Military Equip- paragraph (a) and (b) of this category. ment (SME) shall itself be designated as This includes military protective clothing SME. and masks, but not those items designed for (n) The following interpretations explain domestic preparedness (e.g., civil defense); and amplify the terms used in this category (5) Collective protection against the chem- and elsewhere in this subchapter. ical agents and biological agents listed in (1) A chemical agent in category XIV(a) is paragraph (a) and (b) of this category. a substance having military application, (6) Decontamination or remediation of the which by its ordinary and direct chemical chemical agents and biological agents listed action, produces a powerful physiological ef- in paragraph (a) and (b) of this category. fect.

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(2) The biological agents or biologically de- tion Regulations (CWCR) (15 CFR parts 710 rived substances in paragraph (b) of this cat- through 722). As appropriate, the CWC sched- egory are those agents and substances capa- ule is provided to assist the exporter. ble of producing casualties in humans or livestock, degrading equipment or damaging CATEGORY XV—SPACECRAFT SYSTEMS AND crops and which have been modified for the ASSOCIATED EQUIPMENT specific purpose of increasing such effects. * (a) Spacecraft, including communications Examples of such modifications include in- satellites, remote sensing satellites, sci- creasing resistance to UV radiation or im- entific satellites, research satellites, naviga- proving dissemination characteristics. This tion satellites, experimental and multi-mis- does not include modifications made only for sion satellites. civil applications (e.g. medical or environ- mental use). *NOTE TO PARAGRAPH (a): Commercial com- (3) The destruction equipment controlled munications satellites, scientific satellites, by this category related to biological agents research satellites and experimental sat- ellites are designated as SME only when the in paragraph (b) is that equipment specifi- equipment is intended for use by the armed cally designed to destroy only the agents forces of any foreign country. identified in paragraph (b) of this category. (4) Technical data and defense services in (b) Ground control stations for telemetry, paragraph (l) include libraries, databases and tracking and control of spacecraft or sat- algorithms specifically designed or modified ellites, or employing any of the cryp- for use with articles controlled in paragraph tographic items controlled under category (f) of this category. XIII of this subchapter. (5) The tooling and equipment covered by (c) Global Positioning System (GPS) re- paragraph (l) of this category includes molds ceiving equipment specifically designed, used to produce protective masks, over- modified or configured for military use; or boots, and gloves controlled by paragraph (f) GPS receiving equipment with any of the fol- and leak detection equipment specifically lowing characteristics: designed to test filters controlled by para- (1) Designed for encryption or decryption graph (f) of this category. (e.g., Y-Code) of GPS precise positioning (6) The resulting product of the combina- service (PPS) signals; tion of any controlled or non-controlled sub- (2) Designed for producing navigation re- stance compounded or mixed with any item sults above 60,000 feet altitude and at 1,000 controlled by this subchapter is also subject knots velocity or greater; to the controls of this category. (3) Specifically designed or modified for use with a null steering antenna or including NOTE 1: This Category does not control for- a null steering antenna designed to reduce or mulations containing 1% or less CN or CS or avoid jamming signals; individually packaged tear gases or riot con- (4) Designed or modified for use with un- trol agents for personal self-defense pur- manned air vehicle systems capable of deliv- poses. ering at least a 500 kg payload to a range of NOTE 2: Categories XIV(a) and (d) do not at least 300 km. include the following: NOTE: GPS receivers designed or modified (1) Cyanogen chloride; for use with military unmanned air vehicle (2) Hydrocyanic acid; systems with less capability are considered (3) Chlorine; to be specifically designed, modified or con- (4) Carbonyl chloride (Phosgene); figured for military use and therefore cov- (5) Ethyl bromoacetate; ered under this paragraph (d)(4).) (6) Xylyl bromide; Any GPS equipment not meeting this defi- (7) Benzyl bromide; nition is subject to the jurisdiction of the (8) Benzyl iodide; Department of Commerce (DOC). Manufac- (9) Chloro acetone; turers or exporters of equipment under DOC (10) Chloropicrin (trichloronitromethane); jurisdiction are advised that the U.S. Gov- (11) Fluorine; ernment does not assure the availability of (12) Liquid pepper. the GPS P-Code for civil navigation. It is the policy of the Department of Defense (DOD) NOTE 3: Chemical Abstract Service (CAS) that GPS receivers using P-Code without registry numbers do not cover all the sub- clarification as to whether or not those re- stances and mixtures controlled by this cat- ceivers were designed or modified to use Y- egory. The numbers are provided as examples Code will be presumed to be Y-Code capable to assist the government agencies in the li- and covered under this paragraph. The DOD cense review process and the exporter when policy further requires that a notice be at- completing their license application and ex- tached to all P-Code receivers presented for port documentation. export. The notice must state the following: NOTE 4: With respect to U.S. obligations ‘‘ADVISORY NOTICE: This receiver uses the under the Chemical Weapons Convention GPS P-Code signal, which by U.S. policy, (CWC), refer to Chemical Weapons Conven- may be switched off without notice.’’

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(d) Radiation-hardened microelectronic out exception, for all launch support activi- circuits that meet or exceed all five of the ties (e.g., technical data provided to the following characteristics: launch provider on form, fit, function, mass, (1) A total dose of 5×105 Rads (SI); electrical, mechanical, dynamic, environ- (2) A dose rate upset of 5×108 Rads (SI)/Sec; mental, telemetry, safety, facility, launch (3) A neutron dose of 1×1014 N/cm2; pad access, and launch parameters, as well as (4) A single event upset of 1×10¥7 or less interfaces for mating and parameters for error/bit/day; launch.) (See § 124.1 for the requirements for (5) Single event latch-up free and having a technical assistance agreements before de- dose rate latch-up of 5×108 Rads(SI)/sec or fense services may be furnished even when greater. all the information relied upon by the U.S. (e) All specifically designed or modified person in performing the defense service is in systems or subsystems, components, parts, the public domain or is otherwise exempt accessories, attachments, and associated from the licensing requirements of this sub- equipment for the articles in this category, chapter.) Technical data directly related to including the articles identified in section the manufacture or production of any article 1516 of Public Law 105–261: satellite fuel, enumerated elsewhere in this category that ground support equipment, test equipment, is designated as Significant Military Equip- payload adapter or interface hardware, re- ment (SME) shall itself be designated SME. placement parts, and non-embedded solid Further, technical data directly related to propellant orbit transfer engines (see also the manufacture or production of all space- Categories IV and V in this section). craft, notwithstanding the nature of the in- NOTE: This coverage by the U.S. Munitions tended end use (e.g., even where the hard- List does not include the following unless ware is not SME), is designated SME. specifically designed or modified for military application (see § 120.3 of this subchapter): NOTE TO PARAGRAPH (f): The special export (For controls on these items see the Export controls contained in § 124.15 of this sub- Administration Regulations, Commerce Con- chapter are always required before a U.S. trol List (15 CFR Parts 730 through 799).) person may participate in a launch failure (1) Space qualified travelling wave tubes investigation or analysis and before the ex- (also known as helix tubes or TWTs), micro- port of any article or defense service in this wave solid state amplifiers, microwave as- category for launch in, or by nationals of, a semblies, and travelling wave tube ampli- country that is not a member of the North fiers operating at frequencies equal to or less Atlantic Treaty Organization or a major than 31GHz. non-NATO ally of the United States. Such (2) Space qualified photovoltaic arrays special export controls also may be imposed having silicon cells or having single, dual, with respect to any destination as deemed triple junction solar cells that have gallium appropriate in furtherance of the security arsenide as one of the junctions. and foreign policy of the United States. (3) Space qualified tape recorders. CATEGORY XVI—NUCLEAR WEAPONS, DESIGN (4) Atomic frequency standards that are AND TESTING RELATED ITEMS not space qualified. (5) Space qualified data recorders. *(a) Any article, material, equipment, or (6) Space qualified telecommunications device which is specifically designed or systems, equipment and components not de- modified for use in the design, development, signed or modified for satellite uses. or fabrication of nuclear weapons or nuclear (7) Technology required for the develop- explosive devices. (See § 123.20 of this sub- ment or production of telecommunications chapter and Department of Commerce Ex- equipment specifically designed for non-sat- port Administration Regulations, 15 CFR ellite uses. 742.3 and 744.2). (8) Space qualified focal plane arrays hav- *(b) Any article, material, equipment, or ing more than 2048 elements per array and device which is specifically designed or having a peak response in the wavelength modified for use in the devising, carrying range exceeding 300nm but not exceeding out, or evaluating of nuclear weapons tests 900nm. or any other nuclear explosions (including (9) Space qualified laser radar or Light De- for modeling or simulating the employment tection and Ranging (LIDAR) equipment. of nuclear weapons or the integrated oper- (f) Technical data (as defined in § 120.10 of ational use of nuclear weapons), except such this subchapter) and defense services (as de- items as are in normal commercial use for fined in § 120.9 of this subchapter) directly re- other purposes. lated to the articles enumerated in para- *(c) Nuclear radiation detection and meas- graphs (a) through (e) of this category, as urement devices specifically designed or well as detailed design, development, manu- modified for military applications. facturing or production data for all space- (d) All specifically designed or modified craft and specifically designed or modified components and parts, accessories, attach- components for all spacecraft systems. This ments, and associated equipment for the ar- paragraph includes all technical data, with- ticles in this category.

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(e) Technical data (as defined in § 120.10 of (c) Tooling and equipment specifically de- this subchapter), and defense services (as de- signed or modified for the production of de- fined in § 120.9 of this subchapter) directly re- fense articles controlled by this category. lated to the defense articles enumerated in (d) Test and evaluation equipment and test paragraphs (a) through (d) of this category. models specifically designed or modified for (See also, § 123.20 of this subchapter.) Tech- the defense articles controlled by this cat- nical data directly related to the manufac- egory. This includes, but is not limited to, ture or production of any defense articles diagnostic instrumentation and physical test enumerated elsewhere in this category that models. are designated as Significant Military Equip- (e) Components, parts, accessories, attach- ment (SME) shall itself be designated SME. ments and associated equipment specifically designed or modified for the articles in para- CATEGORY XVII—CLASSIFIED ARTICLES, TECH- graphs (a) through (d) of this category. NICAL DATA AND DEFENSE SERVICES NOT (f) Technical data (as defined in § 120.10 of OTHERWISE ENUMERATED this subchapter) and defense services (as de- *(a) All articles, technical data (as defined fined in § 120.9 of this subchapter) directly re- in § 120.21 of this subchapter) and defense lated to the defense articles enumerated in services (as defined in § 120.8 of this sub- paragraphs (a) through (e) of this category. chapter) relating thereto which are classified Technical data directly related to the manu- in the interests of national security and facture or production of any defense articles which are not otherwise enumerated in the enumerated in this category that are des- U.S. Munitions List. ignated as Significant Military Equipment (SME) shall itself be designated SME. CATEGORY XVIII—DIRECTED ENERGY (g) The following interpretations explain WEAPONS and amplify terms used in this category and elsewhere in this subchapter: *(a) Directed energy weapon systems spe- (1) The components, parts, accessories, at- cifically designed or modified for military tachments and associated equipment in- applications (e.g., destruction, degradation clude, but are not limited to adaptive optics or rendering mission-abort of a target). and phase conjugators components, space- These include, but are not limited to: qualified accelerator components, targets (1) Laser systems, including continuous and specifically designed target diagnostics, wave or pulsed laser systems, specifically de- current injectors for negative hydrogen ion signed or modified to cause blindness; beams, and space-qualified foils for neutral- (2) Lasers of sufficient continuous wave or izing negative hydrogen isotope beams. pulsed power to effect destruction similar to (2) The articles controlled in this category the manner of conventional ammunition; include any end item, component, accessory, (3) Particle beam systems; attachment, part, firmware, software or sys- (4) Particle accelerators that project a tem that has been designed or manufactured charged or neutral particle beam with de- using technical data and defense services structive power; controlled by this category. (5) High power radio-frequency (RF) sys- (3) The articles specifically designed or tems; modified for military application controlled (6) High pulsed power or high average in this category include any article specifi- power radio frequency beam transmitters cally developed, configured, or adapted for that produce fields sufficiently intense to military application. disable electronic circuitry at distant tar- gets; CATEGORY XIX—[RESERVED] (7) Prime power generation, energy stor- age, switching, power conditioning, thermal CATEGORY XX—SUBMERSIBLE VESSELS, management or fuel-handling equipment; OCEANOGRAPHIC AND ASSOCIATED EQUIPMENT (8) Target acquisition or tracking systems; *(a) Submersible vessels, manned or un- (9) Systems capable or assessing target manned, tethered or untethered, designed or damage, destruction or mission-abort; modified for military purposes, or powered (10) Beam-handling, propagation or point- by nuclear propulsion plants. ing equipment; *(b) Swimmer delivery vehicles designed or (11) Equipment with rapid beam slew capa- modified for military purposes. bility for rapid multiple target operations; (c) Equipment, components, parts, acces- (12) Negative ion beam funneling equip- sories, and attachments specifically designed ment; and, or modified for any of the articles in para- (13) Equipment for controlling and slewing graphs (a) and (b) of this category. a high-energy ion beam. (d) Technical data (as defined in § 120.21 of *(b) Equipment specifically designed or this subchapter) and defense services (as de- modified for the detection or identification fined in § 120.8 of this subchapter) directly re- of, or defense against, articles controlled in lated to the defense articles enumerated in paragraph (a) of this category. paragraphs (a) through (c) of this category.

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(See § 125.4 of this subchapter for exemp- (a) Cargo aircraft bearing ‘‘C’’ des- tions.) Technical data directly related to the ignations and numbered C–45 through manufacture or production of any defense ar- C–118 inclusive, C–121 through C–125 in- ticles enumerated elsewhere in this category clusive, and C–131, using reciprocating that are designated as Significant Military engines only. Equipment (SME) shall itself be designated as SME. (b) Trainer aircraft bearing ‘‘T’’ des- ignations and using reciprocating en- CATEGORY XXI—MISCELLANEOUS ARTICLES gines or turboprop engines with less than 600 horsepower (s.h.p.) (a) Any article not specifically enumerated in the other categories of the U.S. Munitions (c) Utility aircraft bearing ‘‘U’’ des- List which has substantial military applica- ignations and using reciprocating en- bility and which has been specifically de- gines only. signed or modified for military purposes. The (d) All liaison aircraft bearing an decision on whether any article may be in- ‘‘L’’ designation. cluded in this category shall be made by the (e) All observation aircraft bearing Director of the Office of Defense Trade Con- ‘‘O’’ designations and using recipro- trols. cating engines. (b) Technical data (as defined in § 120.21 of this subchapter) and defense services (as de- § 121.4 [Reserved] fined in § 120.8 of this subchapter) directly re- lated to the defense articles enumerated in § 121.5 Apparatus and devices under paragraphs (a) of this category. Category IV(c). [58 FR 39287, July 22, 1993, as amended at 58 Category IV includes but is not lim- FR 47638, Sept. 10, 1993; 58 FR 60115, Nov. 15, ited to the following: Fuzes and compo- 1993; 59 FR 46548 and 46549, Sept. 9, 1994; 59 FR nents specifically designed, modified or 47800, Sept. 19, 1994; 61 FR 56895, Nov. 5, 1996; configured for items listed in that cat- 61 FR 68633, Dec. 30, 1996; 64 FR 13680, Mar. 22, egory, bomb racks and shackles, bomb 1999; 64 FR 17533, Apr. 12, 1999; 67 FR 20895, Apr. 29, 2002; 67 FR 58985, Sept. 19, 2002; 67 FR shackle release units, bomb ejectors, 59733, Sept. 23, 2002; 67 FR 70841, Nov. 27, 2002] torpedo tubes, torpedo and guided mis- sile boosters, guidance systems equip- § 121.2 Interpretations of the U.S. Mu- ment and parts, launching racks and nitions List and the Missile Tech- projectors, pistols (exploders), ignitors, nology Control Regime Annex. fuze arming devices, intervalometers, The following interpretations (listed thermal batteries, hardened missile alphabetically) explain and amplify the launching facilities, guided missile terms used in § 121.1. These interpreta- launchers and specialized handling tions have the same force as if they equipment, including transporters, were a part of the U.S. Munitions List cranes and lifts designed to handle ar- (USML) category to which they refer. ticles in paragraphs (a) and (b) of this In addition, all the items listed in category for preparation and launch § 121.16 shall constitute all items on the from fixed and mobile sites. The equip- United States Munitions List which ment in this category includes robots, are Missile Technology Control Regime robot controllers and robot end-effec- Annex items in accordance with sec- tors specially designed or modified for tion 71(a) of the Arms Export Control military applications. Act. §§ 121.6–121.7 [Reserved] § 121.3 Aircraft and related articles. § 121.8 End-items, components, acces- In Category VIII, aircraft means air- sories, attachments, parts, craft designed, modified, or equipped firmware, software and systems. for a military purpose, including air- (a) An end-item is an assembled arti- craft described as ‘‘demilitarized.’’ All cle ready for its intended use. Only am- aircraft bearing an original military munition, fuel or another energy designation are included in Category source is required to place it in an op- VIII. However, the following aircraft erating state. are not included so long as they have (b) A component is an item which is not been specifically equipped, re- useful only when used in conjunction equipped, or modified for military op- with an end-item. A major component erations: includes any assembled element which

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