§ 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 428 VerDate Jan<31>2003 10:42 Apr 16, 2003 Jkt 200072 PO 00000 Frm 00428 Fmt 8010 Sfmt 8010 Y:\SGML\200072T.XXX 200072T Department of State § 121.1 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.