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22 C.F.R. § 120.3 : Foreign Relations — DEPARTMENT OF STATE — INTERNATIONAL TRAFFIC IN ARMS REGULATIONS — [Effective9/6/2022]PURPOSE AND DEFINITIONS — [Effective9/6/2022]GENERAL INFORMATION — 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 ) 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agency of the U.S. Government (see § 120.5 ) pursuant to a commodity jurisdiction determination (see § 120.4 ) unless superseded by changes to the USML or by a subsequent commodity jurisdiction determination; or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.

22 C.F.R. § 120.3

78 FR 22753, 4/16/2013; 87 FR 16411, 9/6/2022

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.