[Congressional Record Volume 165, Number 181 (Wednesday, November 13, 2019)]
[Senate]
[Pages S6546-S6549]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ARMS EXPORT CONTROL ACT NOTIFICATION
Mr. RISCH. Mr. President, in keeping with the committee's intention
to see that relevant information is available to the full Senate, I ask
unanimous consent to have printed in the Record at this point the
notifications which have been received.
There being no objection, the material was ordered to be printed in
the Record, as follows:
United States Department of State,
Washington, DC.
Hon. James E. Risch, Chairman,
Committee on Foreign Relations,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: Pursuant to Section 38(f)(1) of the Arms
Export Control Act (22 U.S.C. 2778(f)(1)), the Department is
transmitting herewith notification of the intention to
transfer jurisdictional control of certain classes of item
currently on the United States Munitions List (USML) to the
Commerce Control List (CCL).
Attached for your reference are the following documents: a
summary of the revisions to the USML; the final regulatory
text of Categories I, II and III; line-in/line-out comparison
of the current and revised USML Categories I, II and III; the
Department of Commerce's revised companion regulatory text;
and a summary of the controls for major defense equipment.
Sincerely,
Mary Elizabeth Taylor,
Assistant Secretary, Bureau of Legislative Affairs.
Enclosures.
Billing Code 4710-25
DEPARTMENT OF STATE
22 CFR Parts 121, 123, 124, 126, and 129
[Public Notice 10603]
RIN 1400-AE30
International Traffic in Arms Regulations: U.S. Munitions
List
Categories I, II, and III
AGENCY: Department of State.
ACTION: Final rule.
Sec. 121.1 The United States Munitions List.
* * * * *
Category I--Firearms and Related Articles
* (a) Firearms using caseless ammunition.
* (b) Fully automatic firearms to .50 caliber (12.7 mm)
inclusive.
* (c) Firearms specially designed to integrate fire
control, automatic tracking, or automatic firing (e.g.,
Precision Guided Firearms).
Note to paragraph (c): Integration does not include only
attaching to the firearm or rail.
* (d) Fully automatic shotguns regardless of gauge.
* (e) Silencers, mufflers, and sound suppressors.
(f) [Reserved]
(g) Barrels, receivers (frames), bolts, bolt carriers,
slides, or sears specially designed for the articles in
paragraphs (a), (b), and (d) of this category.
(h) Parts, components, accessories, and attachments, as
follows:
(1) Drum and other magazines for firearms to .50 caliber
(12.7 mm) inclusive with a capacity greater than 50 rounds,
regardless of jurisdiction of the firearm, and specially
designed parts and components therefor;
(2) Parts and components specially designed for conversion
of a semiautomatic firearm to a fully automatic firearm;
(3) Parts and components specially designed for defense
articles described in paragraphs (c) and (e); or
(4) Accessories or attachments specially designed to
automatically stabilize aim (other than gun rests) or for
automatic targeting, and specially designed parts and
components therefor.
(i) Technical data (see Sec. 120.10 of this subchapter) and
defense services (see Sec. 120.9 of this subchapter) directly
related to the defense articles described in this category
and classified technical data directly related to items
controlled in ECCNs 0A501, 0B501, 0D501, and 0E501 and
defense services using the classified technical data. (See
Sec. 125.4 of this subchapter for exemptions.)
(j)-(w) [Reserved]
(x) Commodities, software, and technology subject to the
EAR (see Sec. 120.42 of this subchapter) used in or with
defense articles.
Note to paragraph (x): Use of this paragraph is limited to
license applications for defense articles where the purchase
documentation includes commodities, software, or technology
subject to the EAR (see Sec. 123.1(b) of this subchapter).
Note to Category I: The following interpretations explain
and amplify the terms used in this category:
(1) A firearm is a weapon not over .50 caliber (12.7 mm)
which is designed to expel a projectile by the deflagration
of propellant;
(2) A fully automatic firearm or shotgun is any firearm or
shotgun that shoots, is designed to shoot, or can readily be
restored to shoot, automatically more than one shot, without
manual reloading, by a single function of the trigger; and
(3) Caseless ammunition is firearm ammunition without a
cartridge case that holds the primer, propellant, and
projectile together as a unit.
Category II--Guns and Armament
(a) Guns and armament greater than .50 caliber (12.7 mm),
as follows:
* (1) Guns, howitzers, artillery, and cannons;
* (2) Mortars;
* (3) Recoilless rifles;
* (4) Grenade launchers; or
(5) Developmental guns and armament greater than .50
caliber (12.7 mm) funded by the Department of Defense and
specially designed parts and components therefor.
Note 1 to paragraph (a)(5): This paragraph does not control
guns and armament greater than .50 caliber (12.7 mm); (a) in
production; (b) determined to be subject to the EAR via a
commodity jurisdiction determination (see Sec. 120.4 of this
subchapter); or (c) identified in the relevant Department of
Defense contract or other funding authorization as being
developed for both civil and military applications.
Note 2 to paragraph (a)(5): Note 1 does not apply to
defense articles enumerated on the U.S. Munitions List,
whether in production or development.
Note 3 to paragraph (a)(5): This provision is applicable to
those contracts or other funding authorizations that are
dated [INSERT DATE ONE YEAR AFTER PUBLICATION IN THE FEDERAL
REGISTER], or later.
Note 1 to paragraph (a): This paragraph does not include:
Non-automatic and non-semi-automatic rifles, carbines, and
pistols between .50 (12.7 mm) and .72 caliber (18.288 mm)
that are controlled on the CCL under ECCN 0A501; shotguns
controlled on the CCL under ECCN 0A502; black powder guns and
armaments manufactured between 1890 and 1919 controlled on
the CCL under ECCN 0A602; or black powder guns and armaments
manufactured earlier than 1890.
Note 2 to paragraph (a): Guns and armament when integrated
into their carrier (e.g., surface vessels, ground vehicles,
or aircraft) are controlled in the category associated with
the carrier. Self-propelled guns and armament are controlled
in USML Category VII.
[[Page S6547]]
Towed guns and armament and stand-alone guns and armament are
controlled under this category.
(b) Flamethrowers with an effective range greater than or
equal to 20 meters.
(c) [Reserved]
* (d) Kinetic energy weapon systems specially designed for
destruction or rendering mission-abort of a target.
Note to paragraph (d): Kinetic energy weapons systems
include but are not limited to launch systems and subsystems
capable of accelerating masses larger than 0.1g to velocities
in excess of 1.6 km/s, in single or rapid fire modes, using
methods such as: Electromagnetic, electrothermal, plasma,
light gas, or chemical. This does not include launch systems
and subsystems used for research and testing facilities
subject to the EAR, which are controlled on the CCL under
ECCN 2B232.
(e) Signature reduction devices specially designed for the
guns and armament controlled in paragraphs (a), (b), and (d)
of this category (e.g., muzzle flash suppression devices).
(f)-(i) [Reserved]
(j) Parts, components, accessories, and attachments, as
follows:
(1) Gun barrels, rails, tubes, and receivers specially
designed for the weapons controlled in paragraphs (a) and (d)
of this category;
(2) Sights specially designed to orient indirect fire
weapons;
(3) Breech blocks for the weapons controlled in paragraphs
(a) and (d) of this category;
(4) Firing mechanisms for the weapons controlled in
paragraphs (a) and (d) of this category and specially
designed parts and components therefor;
(5) Systems for firing superposed or stacked ammunition and
specially designed parts and components therefor;
(6) Servo-electronic and hydraulic elevation adjustment
mechanisms;
(7) Muzzle brakes;
(8) Bore evacuators;
(9) Independent ammunition handling systems for the guns
and armament controlled in paragraphs (a), (b), and (d) of
this category;
(10) Components for independently powered ammunition
handling systems and platform interface, as follows:
(i) Mounts;
(ii) Carriages;
(iii) Gun pallets;
(iv) Hydro-pneumatic equilibration cylinders; or
(v) Hydro-pneumatic systems capable of scavenging recoil
energy to power howitzer functions;
Note to paragraph j(10): For weapons mounts specially
designed for surface vessels and special naval equipment, see
Category VI. For weapons mounts specially designed for ground
vehicles, see Category VII.
(11) Ammunition containers/drums, ammunition chutes,
ammunition conveyor elements, ammunition feeder systems, and
ammunition container/drum entrance and exit units, specially
designed for the guns and armament controlled in paragraphs
(a), (b), and (d) of this category;
(12) Systems and equipment for the guns and armament
controlled in paragraphs (a) and (d) of this category for use
in programming ammunition, and specially designed parts and
components therefor;
(13) Aircraft/gun interface units to support gun systems
with a designed rate of fire greater than 100 rounds per
minute and specially designed parts and components therefor;
(14) Recoil systems specially designed to mitigate the
shock associated with the firing process of guns integrated
into air platforms and specially designed parts and
components therefor;
(15) Prime power generation, energy storage, thermal
management, conditioning, switching, and fuel-handling
equipment, and the electrical interfaces between the gun
power supply and other turret electric drive components
specially designed for kinetic weapons controlled in
paragraph (d) of this category;
(16) Kinetic energy weapon target acquisition, tracking
fire control, and damage assessment systems and specially
designed parts and components therefor; or
* (17) Any part, component, accessory, attachment,
equipment, or system that:
(i) Is classified;
(ii) Contains classified software; or
(iii) Is being developed using classified information.
``Classified'' means classified pursuant to Executive Order
13526, or predecessor order, and a security classification
guide developed pursuant thereto or equivalent, or to the
corresponding classification rules of another government or
intergovernmental organization.
(k) Technical data (see Sec. 120.10 of this subchapter) and
defense services (see Sec. 120.9 of this subchapter) directly
related to the defense articles described in paragraphs (a),
(b), (d), (e), and (j) of this category and classified
technical data directly related to items controlled in ECCNs
0A602, 0B602, 0D602, and 0E602 and defense services using the
classified technical data. (See Sec. 125.4 of this subchapter
for exemptions.)
(1)-(w) [Reserved]
(x) Commodities, software, and technology subject to the
EAR (see Sec. 120.42 of this subchapter) used in or with
defense articles.
Note to paragraph (x): Use of this paragraph is limited to
license applications for defense articles where the purchase
documentation includes commodities, software, or technology
subject to the EAR (see Sec. 123.1(b) of this subchapter).
Category III--Ammunition and Ordnance
(a) Ammunition, as follows:
*(1) Ammunition that incorporates a projectile controlled
in paragraph (d)(1) or (3) of this category;
*(2) Ammunition preassembled into links or belts;
*(3) Shotgun ammunition that incorporates a projectile
controlled in paragraph (d)(2) of this category;
*(4) Caseless ammunition manufactured with smokeless
powder;
Note to paragraph (a)(4): Caseless ammunition is ammunition
without a cartridge case that holds the primer, propellant,
and projectile together as a unit.
*(5) Ammunition, except shotgun ammunition, based on non-
metallic cases, or non-metallic cases that have only a
metallic base, which result in a total cartridge mass 80% or
less than the mass of a brass- or steel-cased cartridge that
provides comparable ballistic performance;
*(6) Ammunition employing pyrotechnic material in the
projectile base or any ammunition employing a projectile that
incorporates tracer materials of any type having peak
radiance above 710 nm and designed to be observed primarily
with night vision optical systems;
*(7) Ammunition for fully automatic firearms that fire
superposed or stacked projectiles or for guns that fire
superposed or stacked projectiles;
*(8) Electromagnetic armament projectiles or billets for
weapons with a design muzzle energy exceeding 5 MJ;
*(9) Ammunition, not specified above, for the guns and
armaments controlled in Category II; or
(10) Developmental ammunition funded by the Department of
Defense and specially designed parts and components therefor.
Note 1 to paragraph (a)(10): This paragraph does not
control ammunition: (a) in production; (b) determined to be
subject to the EAR via a commodity jurisdiction determination
(see Sec. 120.4 of this subchapter); or (c) identified in the
relevant Department of Defense contract or other funding
authorization as being developed for both civil and military
applications.
Note 2 to paragraph (a)(10): Note 1 does not apply to
defense articles enumerated on the U.S. Munitions List,
whether in production or development.
Note 3 to paragraph (a)(10): This provision is applicable
to those contracts or other funding authorizations that are
dated [INSERT DATE ONE YEAR AFTER PUBLICATION IN THE FEDERAL
REGISTER], or later.
(b) Ammunition/ordnance handling equipment specially
designed for the articles controlled in this category, as
follows:
(1) Belting, linking, and de-linking equipment; or
(2) Fuze setting devices.
(c) [Reserved]
(d) Parts and components for the articles in this category,
as follows:
(1) Projectiles that use pyrotechnic tracer materials that
incorporate any material having peak radiance above 710 nm or
are incendiary or explosive;
(2) Shotgun projectiles that are flechettes, incendiary,
tracer, or explosive;
Note to paragraph (d)(2): This paragraph does not include
explosive projectiles specially designed to produce noise for
scaring birds or other pests (e.g., bird bombs, whistlers,
crackers).
(3) Projectiles of any caliber produced from depleted
uranium;
(4) Projectiles not specified above, guided or unguided,
for the items controlled in USML Category II, and specially
designed parts and components therefor (e.g., fuzes, rotating
bands, cases, liners, fins, boosters);
(5) Canisters or sub-munitions (e.g., bomblets or
minelets), and specially designed parts and components
therefor, for the guns or armament controlled in USML
Category II;
(6) Projectiles that employ tips (e.g., M855A1 Enhanced
Performance Round (EPR)) or cores regardless of caliber,
produced from one or a combination of the following:
tungsten, steel, or beryllium copper alloy;
(7) Cartridge cases, powder bags, or combustible cases
specially designed for the items controlled in USML Category
II;
(8) Non-metallic cases, including cases that have only a
metallic base, for the ammunition controlled in paragraph
(a)(5) of this category;
(9) Cartridge links and belts for fully automatic firearms
and guns controlled in USML Categories I or II;
(10) Primers other than Boxer, Berdan, or shotshell types;
Note to paragraph (d)(10): This paragraph does not control
caps or primers of any type in use prior to 1890.
(11) Safing, arming, and fuzing components (to include
target detection and proximity sensing devices) for the
ammunition in this category and specially designed parts
therefor;
(12) Guidance and control components for the ammunition in
this category and specially designed parts therefor;
(13) Terminal seeker assemblies for the ammunition in this
category and specially designed parts and components
therefor;
(14) Illuminating flares or target practice projectiles for
the ammunition controlled in paragraph (a)(9) of this
category; or
[[Page S6548]]
* (15) Any part, component, accessory, attachment,
equipment, or system that:
(i) Is classified;
(ii) Contains classified software; or
(iii) Is being developed using classified information.
``Classified'' means classified pursuant to Executive Order
13526, or predecessor order, and a security classification
guide developed pursuant thereto or equivalent, or to the
corresponding classification rules of another government or
intergovernmental organization.
(e) Technical data (see Sec. 120.10 of this subchapter) and
defense services (see Sec. 120.9 of this subchapter) directly
related to the defense articles enumerated in paragraphs (a),
(b), and (d) of this category and classified technical data
directly related to items controlled in ECCNs 0A505, 0B505,
0D505, and 0E505 and defense services using the classified
technical data. (See Sec. 125.4 of this subchapter for
exemptions.)
(f)-(w) [Reserved]
(x) Commodities, software, and technology subject to the
EAR (see Sec. 120.42 of this subchapter) used in or with
defense articles.
Note to paragraph (x): Use of this paragraph is limited to
license applications for defense articles where the purchase
documentation includes commodities, software, or technology
subject to the EAR (see Sec. 123.1(b) of this subchapter).
Note 1 to Category III: This category does not control
ammunition crimped without a projectile (blank star) and
dummy ammunition with a pierced powder chamber.
Note 2 to Category III: This category does not control
cartridge and shell casings that, prior to export, have been
rendered useless beyond the possibility of restoration for
use as a cartridge or shell casing by means of heating, flame
treatment, mangling, crushing, cutting, or popping.
Note 3 to Category III: Grenades containing non-lethal or
less lethal projectiles are under the jurisdiction of the
Department of Commerce.
Billing Code 4710-25
DEPARTMENT OF STATE
22 CFR Parts 121, 123, 124, 126, and 129
[Public Notice 10603]
RIN 1400-AE30
International Traffic in Arms Regulations: U.S. Munitions
List
Categories I, II, and III
AGENCY: Department of State.
ACTION: Final rule.
Sec. 121.1 The United States Munitions List.
* * * * *
Category I--Firearms and Related Articles[, Close Assault
Weapons and Combat Shotguns]
* (a) Firearms using caseless ammunition [Nonautomatic and
semi-automatic firearms to caliber .50 inclusive (12.7 mm).]
* (b) Fully automatic firearms to .50 caliber [inclusive]
(12.7 mm) inclusive.
* (c) Firearms specially designed to integrate fire
control, automatic tracking, or automatic firing (e.g.,
Precision Guided Firearms) [or other weapons (e.g. insurgency
counterinsurgency, close assault weapons systems) having a
special military application regardless of caliber].
Note to paragraph (c): Integration does not include only
attaching to the firearm or rail.
* (d) Fully automatic shotguns regardless of gauge.
[Combat shotguns. This includes any shotgun with a barrel
length less than 18 inches.]
* (e) Silencers, mufflers, and sound [and flash]
suppressors [for the articles in (a) through (d) of this
category and their specifically designed, modified or adapted
components and parts.]
(f) [Reserved]
[Riflescopes manufactured to military specifications (See
category XII(c) for controls on night sighting devices.)]
* (g) Barrels, [cylinders,] receivers (frames), bolts, bolt
carriers, slides, or sears [or complete breech mechanisms]
specially designed for the articles in paragraphs (a), (b),
and [through] (d) of this category.
(h) [Components, p] Parts, components, accessories, and
attachments[ ], as follows:
[for the articles in paragraphs (a) through (g) of this
category.]
(1) Drum and other magazines for firearms to .50 caliber
(12.7 mm) inclusive with a capacity greater than 50 rounds,
regardless of jurisdiction of the firearm, and specially
designed parts and components therefor;
(2) Parts and components specially designed for conversion
of a semiautomatic firearm to a fully automatic firearm;
(3) Parts and components specially designed for defense
articles described in paragraphs (c) and (e); or
(4) Accessories or attachments specially designed to
automatically stabilize aim (other than gun rests) or for
automatic targeting, and specially designed parts and
components therefor.
(i) Technical data ([as defined in] see Sec. 120.10 of this
subchapter) and defense services [as defined in] (see
Sec. 120.9 of this subchapter) directly related to the
defense articles described in [paragraphs (a) through (h) of]
this category and classified technical data directly related
to items controlled in ECCNs 0A501, 0B501, 0D501, and 0E501
and defense services using the classified technical data.
(See Sec. 125.4 of this subchapter for exemptions.)
[Technical data directly related to the manufacture or
production of any defense articles described elsewhere in
this category that are designated as Significant Military
Equipment (SME) shall itself be designated SME.]
(j)--(w) [Reserved] [The following interpretations explain
and amplify the terms used in this category and throughout
this subchapter:
[(1) A firearm is a weapon not over .50 caliber (12.7 mm)
which is designed to expel a projectile by the action of an
explosive or which may be readily converted to do so.
[(2) A rifle is a shoulder firearm which can discharge a
bullet through a rifled barrel 16 inches or longer.
[(3) A carbine is a lightweight shoulder firearm with a
barrel under 16 inches in length.
[(4) A pistol is a hand operated firearm having a chamber
integral with or permanently aligned with the bore.
[(5) A revolver is a hand operated firearm with a revolving
cylinder containing chambers for individual cartridges.
[(6) A submachine gun, ``machine pistol'' or ``machine
gun'' is a firearm originally designed to fire, or capable of
being fired, fully automatically by a single pull of the
trigger.]
(x) Commodities, software, and technology subject to the
EAR (see
Sec. 120.42 of this subchapter) used in or with defense
articles.
Note to paragraph (x): Use of this paragraph is limited to
license applications for defense articles where the purchase
documentation includes commodities, software, or technology
subject to the EAR (see Sec. 123.1(b) of this subchapter).
Note to Category I: The following interpretations explain
and amplify the terms used in this category:
(1) A firearm is a weapon not over .50 caliber (12.7 mm)
which is designed to expel a projectile by the deflagration
of propellant;
(2) A fully automatic firearm or shotgun is any firearm or
shotgun that shoots, is designed to shoot, or can readily be
restored to shoot, automatically more than one shot, without
manual reloading, by a single function of the trigger; and
(3) Caseless ammunition is firearm ammunition without a
cartridge case that holds the primer, propellant, and
projectile together as a unit.
[This coverage by the U.S. Munitions List in paragraphs (a)
through (i) of this category excludes any non-combat shotgun
with a barrel length of 18 inches or longer, BB, pellet, and
muzzle loading (black powder) firearms. This category does
not cover riflescopes and sighting devices that are not
manufactured to military specifications. It also excludes
accessories and attachments (e.g., belts, slings, after
market rubber grips, cleaning kits) for firearms that do not
enhance the usefulness, effectiveness, or capabilities of the
firearm, components and parts. The Department of Commerce
regulates the export of such items. See the Export
Administration Regulations (15 CFR parts 730-799). In
addition, license exemptions for the items in this category
are available in various parts of this subchapter (e.g.,
Sec. Sec. 123.17, 123.18 and 125.4).]
Category II--Guns and Armament
* (a) Guns and armament greater than [over] caliber .50
([i.e.,] (12.7 mm), as follows:
* (1) Guns, howitzers, artillery, and cannons;
* (2) Mortars;
* (3) Recoilless rifles;
* (4) Grenade launchers; or [whether towed, airborne, self-
propelled, or fixed, including but not limited to, howitzers,
mortars, cannons, recoilless rifles, and grenade launchers]
(5) Developmental guns and armament greater than .50
caliber (12.7 mm) funded by the Department of Defense and
specially designed parts and components therefor.
Note 1 to paragraph (a)(5): This paragraph does not control
guns and armament greater than .50 caliber (12.7 mm); (a) in
production; (b) determined to be subject to the EAR via a
commodity jurisdiction determination (see Sec. 120.4 of this
subchapter); or (c) identified in the relevant Department of
Defense contract or other funding authorization as being
developed for both civil and military applications.
Note 2 to paragraph (a)(5): Note 1 does not apply to
defense articles enumerated on the U.S. Munitions List,
whether in production or development.
Note 3 to paragraph (a)(5): This provision is applicable to
those contracts or other funding authorizations that are
dated [INSERT DATE ONE YEAR AFTER PUBLICATION IN THE FEDERAL
REGISTER], or later.
Note 1 to paragraph (a): This paragraph does not include:
Non-automatic and non-semi-automatic rifles, carbines, and
pistols between .50 (12.7 mm) and .72 caliber (18.288 mm)
that are controlled on the CCL under ECCN 0A501; shotguns
controlled on the CCL under ECCN 0A502; black powder guns and
armaments manufactured between 1890 and 1919 controlled on
the CCL under ECCN 0A602; or black powder guns and armaments
manufactured earlier than 1890.
Note 2 to paragraph (a): Guns and armament when integrated
into their carrier (e.g., surface vessels, ground vehicles,
or aircraft) are controlled in the category associated with
the carrier. Self-propelled guns and armament are controlled
in USML Category VII. Towed guns and armament and stand-alone
guns and armament are controlled under this category.
(b) Flame[ ]throwers with an effective range greater than
or equal to 20 meters. [specifically designed or modified for
military application.]
(c) [Reserved] [Apparatus and devices for launching or
delivering ordnance, other than those articles controlled in
Category IV.]
* (d) Kinetic energy weapon systems specially
[specifically] designed [or modified]
[[Page S6549]]
____________________