§120.3. Policy on designating or determining defense articles and services on the U.S. Munitions List.
22 C.F.R. § 120.3
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:
Meets the criteria of a defense article or defense service on the U.S. Munitions List (USML) (part 121 of this subchapter); or
Provides the equivalent performance capabilities of a defense article on the USML.
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.
A specific article or service is not a defense article or defense service for purposes of this subchapter if it:
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or agency of the U.S. Government (see § 120.5) pursuant to a commodity jurisdiction determination (see § 120.4) unless superseded by changes to the USML or by a subsequent commodity jurisdiction determination; or
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.
Notes, amendments, and revision history
Authority
Authority: 22 U.S.C. 2651a, 2752, 2753, 2776, 2778, 2779, 2779a, 2785, 2794, 2797; E.O. 13637, 78 FR 16129, 3 CFR, 2013 Comp., p. 223.
Source
Source: 87 FR 16411, Mar. 23, 2022, unless otherwise noted.