---
kind: "section"
citation: "22 C.F.R. § 120.3"
title: "22"
number: "120.3"
heading: "Policy on designating or determining defense articles and services on the U.S. Munitions List."
url: "https://uscodex.org/cfr/22/120.3"
---

# §120.3. Policy on designating or determining defense articles and services on the U.S. Munitions List.

- (a) For purposes of this subchapter, a specific article or service may be designated a defense article (see [§ 120.31](/cfr/22/120.31.md)) or defense service (see [§ 120.32](/cfr/22/120.32.md)) if it:
  - (1) Meets the criteria of a defense article or defense service on the U.S. Munitions List (USML) ([part 121](/cfr/22/part121.md) 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.
- (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120.5](/cfr/22/120.5.md)) pursuant to a commodity jurisdiction determination (see [§ 120.4](/cfr/22/120.4.md)) unless superseded by changes to the USML or by a subsequent commodity jurisdiction determination; or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)](/cfr/22/120.41.md?p=b) when the article is used in or with a defense article and specially designed is used as a control criteria.

## Notes

### 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.