§ 120.3. Policy on designating or determining defense articles and services on the U.S. Munitions List.
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/us/cfr/t22/s§ 120.3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)For purposes of this subchapter, a specific article or service may be designated a defense article (see § 120.31) or defense service (see § 120.32) if it:
(1)Meets the criteria of a defense article or defense service on the U.S. Munitions List
(USML)(part 121 of this subchapter); or
(2)Provides the equivalent performance capabilities of a defense article on the USML.
(b)For purposes of this subchapter, a specific article or service shall be determined in the future as a defense article or defense service if it provides a critical military or intelligence advantage such that it warrants control under this subchapter. Note 1 to paragraphs
(a)and (b): An article or service determined in the future pursuant to this subchapter as a defense article or defense service, but not currently on the USML, will be placed in Category XXI of § 121.1 of this subchapter until the appropriate category of the USML has been amended to provide the necessary entry.
(c)A specific article or service is not a defense article or defense service for purposes of this subchapter if it:
(1)Is determined to be under the jurisdiction of another department or agency of the U.S. Government (see § 120.5) pursuant to a commodity jurisdiction determination (see § 120.4) unless superseded by changes to the USML or by a subsequent commodity jurisdiction determination; or
(2)Meets one of the criteria of § 120.41(b) when the article is used in or with a defense article and specially designed is used as a control criteria. Note 2 to § 120.3: The intended use of the article or service after its export (i.e., for a military or civilian purpose), by itself, is not a factor in determining whether the article or service is subject to the controls of this subchapter.
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§ 120.3
Policy on designating or determining defense articles and services on the U.S. Munitions List.
Fed. Reg.×23
C.F.R.×2
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