[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Rules and Regulations]
[Pages 5594-5604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01313]
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DEPARTMENT OF STATE
22 CFR Part 121
[Public Notice: 12441]
RIN 1400-AF42
International Traffic in Arms Regulations: U.S. Munitions List
Targeted Revisions
AGENCY: Department of State.
ACTION: Interim final rule; request for comments.
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SUMMARY: The Department of State (the Department) amends the
International Traffic in Arms Regulations (ITAR) to remove from the
U.S. Munitions List (USML) items that no longer warrant inclusion, add
to the USML items that warrant inclusion, and clarify certain entries.
With these amendments, the Department also supersedes and thus
terminates the temporary modification to USML Category VIII that was
published on December 4, 2023, and extended on November 26, 2024.
DATES:
Effective date: September 15, 2025.
Comment due date: Send comments by March 18, 2025.
ADDRESSES: Interested parties may submit comments to the Department of
State by any of the following methods:
Visit the Regulations.gov website at: https://www.regulations.gov and search for the docket number DOS-2024-0047.
[[Page 5595]]
Email: [email protected]. Commenting parties
must include RIN 1400-AF42 in the subject line of the email message.
See SUPPLEMENTARY INFORMATION for other information about
electronic filing.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Rasmussen, Office of
Defense Trade Controls Policy, Department of State, telephone (202)
663-2217; email [email protected] SUBJECT: ITAR Amendment--
USML Targeted Revisions (RIN 1400-AF42).
SUPPLEMENTARY INFORMATION: The Department of State's Directorate of
Defense Trade Controls (DDTC) administers the ITAR (22 CFR parts 120
through 130) to, among other things, regulate the export, reexport,
retransfer, and temporary import of the defense articles and defense
services identified on the USML at ITAR Sec. 121.1. Items not subject
to the ITAR or to the exclusive licensing jurisdiction of any other
department or agency of the U.S. Government are subject to the Export
Administration Regulations (EAR, 15 CFR parts 730 through 774, which
includes the Commerce Control List (CCL) in Supplement No. 1 to part
774). The EAR is administered by the Bureau of Industry and Security
(BIS), U.S. Department of Commerce. This rule does not modify the list
of defense articles and defense services controlled for purposes of
permanent import by the Attorney General, as enumerated on the U.S.
Munitions Import List (USMIL) at 27 CFR 447.21.
Section 38 of the Arms Export Control Act (AECA) (22 U.S.C. 2778),
the authority from which the ITAR is derived, requires periodic review
to determine what articles and services, if any, no longer warrant
designation on the U.S. Munitions List at 22 CFR 121.1. In maintaining
the USML, DDTC's Office of Defense Trade Controls Policy (DTCP)
identifies articles and services for review through a variety of
methods, including informal public and interagency comment, commodity
jurisdiction reviews, advisory opinions, and technology monitoring. The
Department maintains the USML such that it comprises those defense
articles or defense services that provide a critical military or
intelligence advantage or, in the case of firearms, have an inherently
military function. The Department, informed by consultations with its
interagency partners, determined that the additional defense articles
this rule designates on the USML warrant ITAR control and those
articles it removes from the USML no longer do. This rule also amends
certain language that describes items on the USML to provide additional
clarity to the regulatory language.
22 CFR 121.0
The Department incorporates definitional language and abbreviations
currently found in various notes in the USML into 22 CFR 121.0, United
States Munitions List descriptions and definitions. Section 121.0 is
amended to remove the structure of paragraphs (a) and (b) and to add
definitions to the USML in an alphabetical list. The definition
previously at Sec. 121.0(b) is now listed in its alphabetical order in
Sec. 121.0. Current Sec. 121.0(a) is moved to the introductory text
of Sec. 121.0.
USML Category II
In USML Category II, Note 2 to paragraph (a)(5) is revised to
correct a typographical error.
USML Category IV
USML Category IV paragraph (c) is revised and paragraphs (c)(1) and
(2) are added to more clearly describe the equipment controlled
therein, and to differentiate between equipment specially designed for
commodities enumerated in paragraphs (a) or (b) of Category IV under
the new paragraph (c)(1), and equipment specially designed for
improvised explosive devices (IEDs) under the new paragraph (c)(2),
similar to how they are differentiated in paragraph 4.b of the
Wassenaar Arrangement Munitions List. This amendment also replaces the
undefined term ``apparatus and devices'' with the Sec. 120.40 defined
term ``equipment.''
USML Category V
USML Category V paragraph (c)(2) is revised to add the CAS Registry
Number for pentaborane and to replace the comma after ``pentaborane''
with a semicolon, in order to clarify this paragraph describes
derivatives of carboranes, decaboranes, and pentaborane. Paragraph
(f)(4)(x) is revised to correct the CAS Registry Number. Paragraphs
(e)(10), (f)(19), and (g)(4) are revised to correct typographical
errors.
USML Category VII
Note 3 to USML Category VII is revised to further clarify the
universe of ground vehicles described, with no change to the scope of
controls. Specifically, the types of vehicular control and locomotion
employed are irrelevant when evaluating a vehicle against the control
criteria. The Department affirms that although some unmanned ground
vehicles, based on their method of control or locomotion, may be
referred to by the public colloquially as ``robots,'' they must still
be evaluated against the criteria in USML Category VII.
USML Category VIII
USML Category VIII(h)(1) is revised to clarify which commodities
are described therein by incorporating relevant portions of the
existing note to paragraph (h)(1). This revision also serves to
facilitate reference to the included list of aircraft by other USML
paragraphs, and to better align controls with the Department's intent
around U.S. Government technology demonstrators. Additionally, it
precludes release of commodities from paragraph (h)(1) based solely on
their subsequent use in aircraft included in USML Category XXI
(pursuant to the procedures therein) or in foreign advanced military
aircraft. Foreign advanced military aircraft, as newly defined in Sec.
121.0, include non-U.S. origin aircraft and foreign derivatives of U.S.
origin aircraft, either in development or entering production after
2023, with one or more of the following advanced military capabilities:
Active Electronically Scanned Array (AESA) fire control radar,
integrated signature management, electronic warfare systems, or the
ability to engage targets beyond visual range (BVR). The Department
further highlights the use of the term ``AESA fire control radar'' to
ensure that AESA weather radars commonly used in civil aviation are
clearly excluded from this list of advanced military capabilities. The
year 2023 was chosen as the production year in this definition to
ensure alignment with the temporary modification to the USML issued on
December 4, 2023 (88 FR 84072), and extended on November 26, 2024 (89
FR 93170), which states that parts used in or with the KF-21 continue
to be described on the USML.
As practitioners have confused the F-15SE (Silent Eagle) with the
F-15E (Strike Eagle), the F-15SE nomenclature is also clarified.
Further, the ``B1B'' is replaced by ``B-1.'' As the B-1A never entered
into production, this change does not change the export classification
of existing items. The Department makes this change consistent with the
majority of aircraft listed in the paragraph and its intent to include
future variants of those aircraft. The Department notes the only
aircraft listed with series letters (F-15SE, F/A-18E/F, and EA-18G) in
this paragraph intentionally exclude earlier variants (for example, the
control does not include the F-15A, which is an F-15 variant developed
before the F-15SE).
[[Page 5596]]
Additionally, the Department adds the MQ-25 and the RQ-170 to the list
of aircraft in paragraph (h)(1)(i). The MQ-25 provides a critical
military advantage in its ability to support the future Navy carrier
air wing and is central to the Navy's strategic Unmanned Campaign
Framework. The RQ-170 is a high-altitude, long-endurance, low-
observable unmanned aerial vehicle that provides a critical military
and intelligence advantage in its ability to perform key intelligence,
surveillance, reconnaissance, target acquisition, and electronic
warfare functions. Paragraph (h)(1) describes articles used in some of
the most advanced U.S. military aircraft. The changes to paragraph
(h)(1) ensure those specially designed articles are not released from
this entry based on their subsequent use in USML Category XXI aircraft,
foreign advanced military aircraft, or U.S. Government (USG) technology
demonstrator aircraft.
Ensuring those elements are not released from paragraph (h)(1)
based on subsequent use in foreign advanced military aircraft is
consistent with the language of Sec. 120.3(a)(2). With this change,
the Department treats use of these commodities in foreign advanced
military aircraft as it has in their use in advanced U.S. military
aircraft. This addition facilitates opportunities for reuse and
commonality with partner aircraft by enabling U.S. content to be
utilized in those platforms without unnecessary redesigns or unmerited
removal from the USML.
The Department further considered amending the language to remove
commodities designed exclusively for non-Department of Defense (DoD)
USG technology demonstrators from paragraph (h)(1). The Department
declines to do so, as such commodities are generally not currently
described in paragraph (h)(1). Specifically, USG technology
demonstrators are unique among the aircraft listed in paragraph (h)(1),
as some technology demonstrators are described on the USML, while
others are not. The Department notes commodities used in technology
demonstrators are often developed exclusively for those demonstrators
or repurposed from other USML or CCL platforms for time and cost
savings; those commodities must be reviewed on a case-by-case basis for
proper export classification. Specifically, for USG technology
demonstrators that are themselves not described on the USML (``these
aircraft''), it is generally the case that:
--Articles designed for and used only in other aircraft listed in
paragraph (h)(1) before and during subsequent unmodified use in these
aircraft generally remain described in paragraph (h)(1), as explained
by the following analysis:
--In the context of paragraph (h)(1), such articles meet the criteria
in, and thus are caught by, Sec. 120.41(a)(1) as having properties
peculiarly responsible for the controlled characteristic (i.e., their
use in the listed aircraft), and (a)(2) for their use in or with the
other listed aircraft.
--In the context of paragraph (h)(1), such articles are not released by
Sec. 120.41(b)(3), (4), or (5), as they were originally developed for
aircraft described in either USML Category VIII or XXI, and the USG
technology demonstrator does not enter production as defined in Sec.
120.43.
--Articles designed for, and used in, aircraft subject to the EAR prior
to unmodified use in these aircraft are not described in paragraph
(h)(1) but may be described elsewhere on the USML, as explained by the
following analysis:
--In the context of paragraph (h)(1), there are circumstances wherein
such articles would be released by Sec. 120.41(b)(3), regardless of
meeting the criteria in Sec. 120.41(a).
--With contemporaneous documentation, there are circumstances in which
the articles would also be released by paragraph (b)(4) or (5).
--Articles designed for, and only used in, these aircraft are not
described in paragraph (h)(1), but may be described elsewhere on the
USML, as explained by the following analysis:
--In the context of paragraph (h)(1), such articles meet the criteria
in Sec. 120.41(a)(1) as having properties peculiarly responsible for
the controlled characteristic (i.e., their use in the listed aircraft),
but not (a)(2) unless they are used in or with a defense article.
--In the context of paragraph (h)(1), such articles are not released by
Sec. 120.41(b)(3), as the USG technology demonstrator does not enter
production. However, they could be released by paragraph (b)(4), as
they were developed with the knowledge they would be used in these
aircraft, often in a system that is subject to the EAR.
--In contrast, articles designed for, and only used in, USG technology
demonstrators described on the USML are described in paragraph (h)(1),
as explained in the following analysis:
--In the context of paragraph (h)(1), such articles meet the criteria
in Sec. 120.41(a)(1) as having properties peculiarly responsible for
the controlled characteristic (i.e., their use in the listed aircraft),
and (a)(2) for their use in or with aircraft described in USML Category
VIII.
In the context of paragraph (h)(1), such articles are not released
by Sec. 120.41(b)(3), (4), or (5), as they were originally developed
for an aircraft described in USML Category VIII. The Department is also
amending the text of the current ``Note to paragraph (h)(1),''
redesignating it as ``Note 1 to paragraph to (h)(1),'' and adding
``Note 2 to paragraph (h)(1).'' The addition of ``Note 2 to paragraph
(h)(1)'' outlines an example of the scope of paragraph (h)(1) for
articles used in USG technology demonstrators.
With these revisions to paragraph (h)(1) and the notes to paragraph
(h)(1), the Department also terminates the temporary modification to
Category VIII of the USML that was issued on December 4, 2023 (88 FR
84072) and extended on November 26, 2024 (89 FR 93170).
The Department notes certain commodities designed exclusively for
DoD-funded developmental aircraft, including aircraft jointly funded by
DoD and another agency, remain defense articles described in paragraph
(f) of USML Category VIII.
Paragraph (h)(29) of USML Category VIII is revised to clarify the
commodities described therein include both those designed for the
aircraft listed and the defense articles described in paragraph (h)(1),
with a change in control via the removal of commodities specially
designed for USG technology demonstrators.
The note located at the end of USML Category VIII is moved to
follow USML Category VIII paragraph (h), renamed ``Note 1 to paragraph
(h),'' and revised for clarity, with no change in scope.
USML Category IX
USML Category IX(e)(2) is placed in reserve to eliminate
redundancy. Technical data directly related to the software and
databases enumerated in paragraph (b)(4) is already described in
paragraph (e)(1).
USML Category X
Developmental exoskeletons have been identified as a technology
warranting ITAR control due to the critical military advantage they
provide. Thus, Category X is amended by removing paragraph (b) from
reserve and adding a new paragraph (b) to describe exoskeletons under
development for DoD, along with standard exclusions applied to other
developmental articles to provide advance notice to industry and to
avoid
[[Page 5597]]
controlling those that do not provide a critical military advantage.
The Department also amends Category X to align body armor
protection levels with the most recent NIJ standard, 0123.00,
``Specification for NIJ Ballistic Protection Levels and Associated Test
Threats.'' All references to ``NIJ Type IV'' have been updated to NIJ
RF3. ``Note 1 to paragraph (a)(1)'' and ``Note to paragraphs (a) and
(d)'' have also been updated to reference the new standard. ``Note to
paragraphs (a) and (d)'' is redesignated as ``Note 1 to paragraphs (a)
and (d).''
USML Category XI
USML Category XI paragraphs (c)(10)(i) and (ii) are revised to
reflect that certain anti-jam antennas no longer provide a critical
military advantage, with increasing commercial utilization applicable
to civil GPS resiliency. Following consultations with DoD, the beam
switching speed criterion in paragraph (c)(10)(i) is revised from 50
milliseconds down to one millisecond, and the convergence time
criterion in paragraph (c)(10)(ii) is revised from one second down to
one millisecond, as the Department seeks to control only the most
sensitive and effective anti-jam antennas in USML Category XI(c)(10)(i)
and (ii). The Department further intends to exclude Controlled
Reception Pattern Antennas (CRPAs) for Position, Navigation, and Timing
(PNT) from paragraph (c)(10). To implement this, the Department is
removing all CRPAs from paragraphs (c)(10)(i) and (ii) and adding
paragraphs (c)(10)(v) and (vi) to describe the CRPAs for non-PNT
applications that meet the updated criteria used in paragraphs
(c)(10)(i) and (ii) the CRPA antennas were moved from. In removing
CRPAs for PNT, the Department intends to facilitate civil global
navigation system resiliency. CRPAs use multiple elements and advanced
signal processing techniques to dynamically control their reception
pattern, thereby enhancing signal reception from desired directions and
suppressing interference from undesired directions. Generally, in
comparing CRPAs to the antennas that remain described in paragraphs
(c)(10)(i) and (ii), CRPAs are more optimized to control the reception
pattern instead of the transmission beam steering or switching. This is
in line with the Position, Navigation, and Timing, Advisory Board's
(PNTAB) recommendation to remove CRPAs from the USML. The antennas
removed from the USML by these changes are neither subject to
multilateral controls nor controlled as munitions in other countries
that produce them. Once removed from the USML, these anti-jam antennas
will become subject to the EAR under the jurisdiction of the Department
of Commerce.
USML Category XII
USML Category XII paragraph (d)(2)(ii) is revised to update the
language to reflect the current description of Positioning Service from
Precise Positioning Service to Protected Positioning Service (PPS). In
the 2021 Federal Radionavigation Plan published by the Departments of
Defense, Transportation, and Homeland Security (available at https://rosap.ntl.bts.gov/view/dot/63024), PPS has been updated to
``Protected'' Positioning Service from the former ``Precise''
Positioning Service. This change accurately reflects the technology's
ability to operate in degraded environments as opposed to legacy
encryption abilities that facilitate greater position precision and no
longer provide a critical military advantage.
USML Category XIII
USML Category XIII paragraph (b)(4) is revised to update the name
of the Unified Cross Domain Management Office (UCDMO) to the National
Cross Domain Strategy and Management Office (NCDSMO).
The Department further amends Category XIII to align armor
protection levels with the most recent NIJ standard, 0123.00,
``Specification for NIJ Ballistic Protection Levels and Associated Test
Threats.'' All references to ``NIJ Level III'' are updated to NIJ RF1.
As the new RF1 standard corresponds to the previous Type III standard,
this is not a significant change in control. The reference in paragraph
(m)(10) is also updated to reference the new standard.
Additionally, paragraph (e)(2) is revised for clarification and to
add paragraphs (e)(2)(i) and (ii). Category XIII is further revised to
add specific fluids to the USML in paragraph (j)(3). Each of these
fluids was developed for one or more critical military applications for
which existing fluids were unsuitable; by including a specially
designed criterion, general-purpose fluids subsequently selected for
use in a military application are not described by this control.
Lastly, paragraph (m)(9) is amended to clarify the definitions of
variables in the equation for Em.
USML Category XIV
Additional nerve agents and a defoliant are added to USML Category
XIV in paragraphs (a)(1)(iv) through (viii) and (j), and controls on
Chemical Agent Resistive Coatings (CARC) are clarified in paragraph
(f)(7). The nerve agent additions are made pursuant to changes to
Schedule 1 of the Chemical Weapons Convention, while the defoliant
addition is a constituent of Agent Orange, for which the Department is
unaware of current commercial applications.
The clarification of CARC controls in paragraph (f)(7) is made
consistent with longstanding policy published on DDTC's website. As
CARC is controlled only through the point of application and curing,
export applications for CARC must specify the proposed end-users and
end-uses, and export licenses for CARC impose limitations on the same.
Of note, the control release for CARC that has been applied and cured
only applies to USML Category XIV(f)(7); this release does not apply to
coatings or materials described elsewhere on the USML. For example,
when a USML Category XIII(j)(2) coating is applied to an item subject
to the EAR, a DDTC license or other approval continues to be required
for the coating, when the item to which the coating was applied is
exported, reexported, or retransferred.
USML Category XIX
USML Category XIX paragraphs (d) and (f)(1) are amended to add
specific DoD-funded aircraft engines in development that provide a
critical military or intelligence advantage, as well as their specially
designed parts, components, accessories, and attachments. Specifically,
paragraph (d) is split into two parts, paragraphs (d)(1) and (2), and
amended to include the XT900, which is a developmental engine resulting
from the enumerated HPW3000 technology demonstrator.
The note to paragraph (d) is redesignated as the note to paragraph
(d)(1), to continue its applicability to the engines in former
paragraph (d) following their movement to paragraph (d)(1), with no
change in scope. Paragraph (f)(1) is amended to include specially
designed parts, components, accessories, and attachments for the engine
now described in paragraph (d)(2), and to incorporate a portion of the
note to paragraph (f)(1). The remainder of the note to paragraph (f)(1)
is redesignated as ``Note 1 to paragraph (f)(1)'' and revised for
clarity. Paragraph (f)(1) is further amended to clarify that parts,
components, accessories, and attachments are not released if common
only to a listed engine and an engine designated in USML Category
XXI(a), and to add a catch-all control for XA100, XA101, XA102, XA103,
and T901 engine hardware. The XA-series engines represent a substantial
leap in propulsion capability. Items specially
[[Page 5598]]
designed for these engines provides a critical military or intelligence
advantage in enabling the engines to provide improved thrust-to-weight
capability while addressing fuel efficiency, affordability, and
sustainment for warfighter operational readiness. The T901 powers the
Future Vertical Lift platform and provides 33% more thrust than, but
retains the same size as, its predecessor.
Paragraph (f)(2) is amended to clarify the items described in
paragraph (f)(2) by replacing a term of art (``hot section
components'') with defined regulatory terms (hot section ``parts'' and
``components''), with no change in scope, and to add related cooled
structures for combustion chambers and liners. Punctuation is also
updated with no change in scope.
USML Category XX
USML Category XX is amended to add paragraphs (a)(9) and (10) to
control two new classes of uncrewed, untethered vessels and vehicles
that provide a critical military advantage: specifically, those
equipped with anti-recovery features, and larger systems with
significant range or endurance. Paragraph (a)(10) includes criteria to
avoid control of systems below certain weight and performance
thresholds the Department assesses are best suited for scientific
research or commercial applications. Tethered systems are similarly
excluded from both paragraphs (a)(9) and (10).
USML Category XX(b)(2) is revised for clarity, with no change to
the scope of the control.
USML Category XXI
USML Category XXI is amended to move the second sentence of
paragraph (a) into a new note, and to further clarify the
considerations when designating an article in USML Category XXI.
Effective Date and Updating of Licenses and Agreements
The Department notes it previously provided a 180-day transition
period between the publication of the final rule for reviews of entire
USML categories revised under Export Control Reform and the effective
date of the transition of items to updated classifications. See 78 FR
22740, 22747 (Apr. 16, 2013). While the Department has also recently
issued rules with shorter transition periods, the Department provides a
240-day delayed effective date for this rule. Consistent with prior
revisions of USML categories, additional guidance that addresses
specific licensing scenarios will be provided on DDTC's website.
Timeline for Applications, Amendments, and Grandfathering
Items Transitioning Jurisdiction From the ITAR to the EAR
Items removed from a USML paragraph by this rule may still be
described in other USML paragraphs or may become subject to the export
licensing jurisdiction of the Department of Commerce pursuant to the
EAR. Exporters should evaluate the control status of their item using
the orders of review in the ITAR and the EAR and may submit a commodity
jurisdiction request to DDTC for assistance or--if there is no doubt it
is subject to the EAR--a commodity classification request to BIS.
Licensing requirements under the EAR are determined by the reasons for
control applicable to the item, the destination, the end use, and the
end user. General Order No. 5 in supplement no. 1 to part 736 of the
EAR describes the transition process for items moving from the USML to
the CCL upon the publication of the pertinent final rules. The general
order describes the grandfathering of DDTC licenses and agreements, the
use of BIS authorizations, and the submission of disclosures to BIS and
DDTC related to the transition of items from the USML to the CCL.
For those wishing to export under the authority of the EAR as soon
as possible for items moving from the USML to the CCL, applicants may
submit license applications immediately after the publication of the
BIS final rule adding such items to the CCL. Thus, applicants may, in
effect, pre-position license applications early to facilitate
processing of the license application. Such a pre-positioned license
application will be processed in accordance with Sec. 750.4 of the
EAR, but if BIS completes processing the application prior to the
effective date of the applicable final rule, BIS will hold the
application without action (HWA), until the effective date of that
final rule. Applications for transitioned items received after the
effective date of the final rule will be processed as described in
Sec. 750.4 of the EAR.
Existing holders of DDTC licenses, agreements, or other approvals,
may maintain existing authorizations or obtain new authorizations for
items moving from the USML to the CCL. Questions regarding the
continued use of DDTC licenses, agreements, or other approvals should
be directed to DDTC.
Acceptance of Licenses
During the transition period, license applications will be accepted
by both DDTC and BIS for items moving from the USML to the CCL. BIS
will not issue approved licenses for such items until on or after the
effective date of this rule.
DSP-5 Licenses: Licenses for items transitioning to the CCL that
are issued prior to the effective date of the final rule and do not
include items remaining on the USML will remain valid until expired,
returned by the license holder, or for a period of three years from the
effective date of the final rule, whichever occurs first, unless
otherwise revoked, suspended, or terminated. Licenses containing both
transitioning and non-transitioning items (mixed authorizations) will
remain valid until expired or returned by the license holder, unless
otherwise revoked, suspended, or terminated. Any limitation, proviso,
or other requirement required by the DDTC authorization remains in
effect if the DDTC authorization is relied upon for export, re-export,
or re-transfer. License amendment requests received by DDTC prior to
the effective date of the rule will be adjudicated on a case-by-case
basis up until the effective date of the rule.
DSP-61 and DSP-73 Licenses: All temporary licenses that are issued
in the period prior to the effective date of the rule will remain valid
until expired or returned by the license holder, unless otherwise
revoked, suspended, or terminated. Any limitation, proviso, or other
requirement imposed on the DDTC authorization will remain in effect if
the DDTC authorization is relied upon for export. License amendment
requests received by DDTC before the effective date of the rule will be
adjudicated on a case-by-case basis until the effective date of the
rule. All license applications, including amendments, received after
the effective date for items that are transitioning to the CCL that are
not identified in an (x) paragraph entry will be Returned Without
Action (RWA) with instructions to contact the Department of Commerce.
Technical Assistance Agreements, Manufacturing License Agreements,
Distribution Agreements, and Related Reporting Requirements: Agreements
and amendments containing both USML and CCL items will be adjudicated
up to the effective date of the final rule. Agreements containing
transitioning and non-transitioning items that are issued prior to the
effective date of the final rule will remain valid until expired,
unless they require an amendment, or for a period of three years from
the effective date of the final rule, whichever occurs first, unless
otherwise revoked, suspended, or terminated. In order for an agreement
to remain valid beyond three years, an amendment must be submitted to
[[Page 5599]]
authorize the CCL items using the new (x) paragraph from the relevant
USML category. Any activity conducted under an agreement will remain
subject to all limitations, provisos, and other requirements stipulated
in the agreement.
Agreements containing solely transitioning items issued prior to
the effective date of the final rule will remain valid for a period of
three years from the effective date of the rule, unless revoked,
suspended, or terminated. After the three-year period ends, any ongoing
activity must be conducted under the appropriate Department of Commerce
authorization. Agreements and agreement amendments solely for items
moving to the CCL which are received after the effective date of the
rule will be Returned Without Action (RWA) with instructions to contact
the Department of Commerce.
All reporting requirements for Manufacturing License Agreements and
Distribution Agreements must be complied with and such reports must be
submitted to the Department of State while the agreement is relied upon
as an export authorization by the exporter.
Reexport/Retransfer of USML Items That Have Transitioned to the
CCL: Foreign persons or U.S. persons abroad that have USML items in
their inventory at the effective date of transition should review both
the USML and the CCL to determine the proper export jurisdiction of
those items. If the item is controlled by the Department of Commerce,
any reexport or retransfer must comply with the requirements of the
EAR. If doubt exists on the jurisdiction of the items, the foreign
person should contact the original exporter or manufacturer. In
instances when those parties are unavailable, the foreign person should
review the DDTC or BIS website for guidance and support options.
Following the effective date, foreign persons (including end-users,
consignees, and intermediate consignees) who receive, via a Department
of State authorization, an item they are certain has transitioned to
the CCL (e.g., confirmed in writing by manufacturer or supplier),
should treat the item as such and submit requests for post-transition
reexports or retransfers to the Department of Commerce, as may be
required by the EAR. If reexport or retransfer was previously
authorized under an MLA or WDA that continues to provide the export
authority or any stand-alone reexport/retransfer authorization received
pursuant to ITAR Sec. 123.9, such authorizations remain valid.
Items Transitioning to the USML
For those wishing to export under the authority of the ITAR as soon
as possible for items moving onto the USML, applicants may submit
license applications as soon as this rule is published in the Federal
Register.
Submission of Voluntary Self-Disclosures
In reviewing the clarifications provided by this rule, if you
identify a potential violation of the ITAR, you are encouraged to
submit a voluntary disclosure to DDTC, consistent with the procedures
outlined in Sec. 127.12. For potential violations of the EAR, persons
are encouraged to submit voluntary self-disclosures to BIS. For
potential violations of both the EAR and the ITAR, persons are
encouraged to submit disclosures to both agencies.
Request for Comments
Consistent with its ongoing USML review process, the Department is
requesting public comments on the revisions described in this
rulemaking. The Department encourages the public to provide comments
directly related to this rule and responsive to the questions described
below. To facilitate timely review and assessment, comments should be
provided in a concise sentence or paragraph, followed by supporting
explanatory paragraphs and examples, with each distinct comment treated
separately (as opposed to multiple comments in one paragraph or
section). The Department requests comments focused on the following
questions:
1. How much would practitioners benefit from the Department
defining the term ``Controlled Reception Pattern Antennas (CRPAs)'' as
used in USML Category XI(c)(10)? Are there criteria, other than those
described in the preamble of this rule, that may help better
distinguish between CRPAs described in paragraph (c)(10)(v) and
antennas described in paragraph (c)(10)(i)?
2. The addition of paragraph (h)(1)(iii) to USML Category VIII
ensures that parts, components, accessories, and attachments specially
designed for aircraft listed in paragraphs (h)(1)(i) and (ii) are not
released from paragraph (h)(1) due to their use in foreign advanced
military aircraft described in paragraphs (a)(1) and (2) of USML
Category VIII.
a. The Department requests comment on its consideration of adding
to paragraph (h)(1) a new paragraph (h)(1)(iv), to retain parts used in
paragraphs (h)(1)(i) or (ii) aircraft even when they are used in
``aircraft described in paragraph (a)(3) of USML Category VIII,'' as
the Department assesses that training aircraft described in paragraph
(a)(3) often serve as proving grounds for future paragraph (a)(1) or
(2) aircraft.
b. The Department requests comment on its consideration of
expanding paragraph (h)(1) to add parts, components, accessories, and
attachments specially designed for the foreign advanced military
aircraft listed in paragraph (h)(1)(iii), even if they are not utilized
in an aircraft listed in paragraph (h)(1)(i) or (ii), commensurate with
the Department's regulation of similar items for the advanced U.S.
aircraft described in paragraphs (h)(1)(i) and (ii). For example, what
effect would describing these foreign articles in paragraph (h)(1) have
on existing international defense industrial cooperation and supply
chains?
3. With this rule, the Department changes paragraph (d) of USML
Category XIX to read ``The following engines:'' and then describes
specific aircraft engines in paragraphs (d)(1) and (2). The Department
requests comment on its consideration of changing that language to
``The following engine series:'' in order to more completely describe
engines that provide a critical military or intelligence advantage.
4. Paragraphs (d)(1) and (2) of USML Category XIX describe specific
aircraft engines. The Department requests comment on its consideration
of expanding that scope to include ``military variants'' of those
engines, similar to its regulation of certain gas turbine engine parts
in paragraph (f)(1)(i) of USML Category XIX for military variants of
the listed engines.
5. Are there commodities, services, or technical data closely
related to these revisions that warrant ITAR control, but are currently
either not described on the USML, or not described with sufficient
clarity? If so, please provide examples and a concise explanation.
6. Are there specific commodities, services, or technical data
described on the USML following these revisions that are, or have
previously been, in normal commercial use, that were previously
transitioned to another agency's jurisdiction, or that were previously
determined not to be subject to the ITAR via a Commodity Jurisdiction
determination? If so, please include supporting documentation.
7. Are there specific commodities, services, or technical data
described on the USML following these revisions for which civil use is
proposed, intended, or anticipated in the next five years? Please
include supporting
[[Page 5600]]
documentation and a point of contact familiar with the details.
8. Are there specific functions, performance levels, or
characteristics related to these revisions that could better:
a. Distinguish between the commodities that do, and do not, warrant
ITAR control;
b. Delineate the criteria for control, in lieu of using the term
`specially designed'; or
c. Align with the constructions or language used in other USML
entries?
9. Can any of these revisions be more concisely stated?
Comment Submissions
Instructions
Include the Regulatory Information Number (RIN) (1400-AF42) for all
submissions related to this rule. Parties who wish to comment
anonymously may do so by submitting their comments via
www.regulations.gov, leaving the fields that would identify the
commenter blank and including no identifying information in the comment
itself. Commenters are cautioned not to include proprietary, export-
controlled, personal, or other sensitive information in their comments
that they would not want to be made public. If such information would
provide useful insight to the comment: (1) assemble that information in
a separate document with proprietary markings; (2) include
``Proprietary supplement on file with: [provide POC]'' as the first
line in the body of the email submission; (3) submit the public portion
of the comment via email; and (4) call DDTC at (202) 663-1282 to
coordinate submission of the proprietary supplement.
Regulatory Analysis and Notices
Administrative Procedure Act
This rulemaking is exempt from the rulemaking requirements of
section 553 of the Administrative Procedure Act (APA) pursuant to
section 553(a)(1) as a military or foreign affairs function of the
United States. Although the Department has elected to publish this
interim final rule with a concurrent 30-day request for public comment
and a 240-day delayed effective date, it does so without prejudice to
its determination that controlling the export, reexport, retransfer,
and temporary import of defense articles and defense services is a
military or foreign affairs function.
Regulatory Flexibility Act
Since this rule is exempt from the notice-and-comment rulemaking
provisions of 5 U.S.C. 553, it does not require analysis under the
Regulatory Flexibility Act.
Unfunded Mandates Reform Act of 1995
This rulemaking does not involve a mandate that will result in the
expenditure by state, local, and tribal governments, in the aggregate,
or by the private sector of $100 million or more in any year and it
will not significantly or uniquely affect small governments. Therefore,
no actions are deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Congressional Review Act
This rule does not meet the criteria of 5 U.S.C. 804(2).
Executive Orders 12372 and 13132
This rulemaking does not have sufficient federalism implications to
require consultations or warrant the preparation of a federalism
summary impact statement. The regulations implementing Executive Order
12372 regarding intergovernmental consultation on Federal programs and
activities do not apply to this rulemaking.
Executive Orders 12866, 13563, and 14094
Executive Order 12866, as amended by Executive Orders 13563 and
14094, direct agencies to assess all costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health and safety effects, distributed
impacts, and equity). Executive Order 13563 emphasizes the importance
of quantifying both costs and benefits, of reducing costs, of
harmonizing rules, and of promoting flexibility. After review by the
Office of Management and Budget (OMB), this rule has been deemed a
``significant regulatory action.'' This rule was undertaken pursuant to
a statutory directive to periodically review the items on the USML. The
Department generally determines which items warrant addition to, or
removal from, the USML by assessing whether each provides a critical
military or intelligence advantage based on national security and
foreign policy considerations. Because the costs and benefits of
changing what is controlled focus on the effect or utility of the item
or service, rather than its market prevalence or economic value,
quantitative analyses cannot be usefully estimated and are not
available, particularly since the global prevalence or availability of
the item or service are not known. Moreover, the Department does not
have useful estimates or models to predict whether or how frequently
the items added to the USML by this rule will be applied for export or
to which countries, or for temporary import and from which countries.
Qualitatively, the rule was assessed for costs and benefits. Because
listing individual items or model numbers would necessarily lead to
incomplete controls when an item is renamed or slightly modified, the
USML contains many descriptive controls that are based on broader
characteristics, including form, fit, function, and performance
capability. To more accurately describe only what the Department
intends to control, and to provide companies and individuals with
better certainty, some USML revisions made by this rule are aimed to
improve and clarify various entries and to more precisely focus
controls. These revisions are also informed by confidential commodity
jurisdiction determination and advisory opinion requests, submitted by
industry. The Department takes into account common questions and
strives to streamline and simplify USML entries based on how it
understands industry experience with certain parts of the USML.
Finally, when a complete redundancy is identified, as in one revision
made by this rule, it is removed so that exporters, brokers, and
temporary importers may better rely on a single entry, which can help
to reduce compliance costs and increase the accuracy of relevant
metrics. One alternative to this is inaction or delay. The Department
could have waited to amend larger parts of the USML at once or
continued to gather data to evaluate the controls affected by this
rule. These alternatives were rejected. Statutory requirements,
including section 38(f) of the Arms Export Control Act (22 U.S.C.
2778(f)), and section 1345 of the National Defense Authorization Act
for Fiscal Year 2024, require a periodic review of the USML for edits
like those made by this rule. While the Department continuously reviews
the entire USML, it aims to focus on particular USML categories for
targeted revisions in cycles, as it has done in implementing this rule.
Executive Order 12988
The Department of State has reviewed this rulemaking in light of
sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate
ambiguity, minimize litigation, establish clear legal standards, and
reduce burden.
[[Page 5601]]
Executive Order 13175
The Department of State has determined that this rulemaking will
not have tribal implications, will not impose substantial direct
compliance costs on Indian tribal governments, and will not preempt
tribal law. Accordingly, the requirements of Executive Order 13175 do
not apply to this rulemaking.
Paperwork Reduction Act
This rulemaking does not impose or revise any information
collections subject to 44 U.S.C. chapter 35.
Signing Authority
Assistant Secretary C.S. Eliot Kang, having reviewed and approved
this document, has delegated the authority to electronically sign this
document to Stanley L. Brown, Acting Assistant Secretary, Bureau of
Political-Military Affairs, for purposes of publication in the Federal
Register.
List of Subjects in 22 CFR Part 121
Arms and munitions, Classified information, Exports.
For reasons stated in the preamble, the Department of State amends
22 CFR part 121, the United States Munitions List, as follows:
PART 121--THE UNITED STATES MUNITIONS LIST
0
1. The authority citation for part 121 continues to read as follows:
Authority: 22 U.S.C. 2752, 2778, 2797; 22 U.S.C. 2651a; Sec.
1514, Pub. L. 105-261, 112 Stat. 2175; E.O. 13637, 78 FR 16129, 3
CFR, 2013 Comp., p. 223.
0
2. Revise Sec. 121.0 to read as follows:
Sec. 121.0 United States Munitions List description and definitions.
For a description of the U.S. Munitions List and its designations,
including the use of asterisks and the parenthetical ``(MT)'', see
Sec. 120.10 of this subchapter. Within this part, the following
definitions apply:
CCL. See Commerce Control List.
Commerce Control List means Commerce Control List in 15 CFR part
774, supplement no. 1.
Department of Defense means U.S. Department of Defense.
DoD. See Department of Defense.
EAR means Export Administration Regulations in 15 CFR parts 730
through 774.
ECCN means Export Control Classification Number, the alphanumeric
designation used on the CCL. See definition at 15 CFR part 772.
Foreign advanced military aircraft means non-U.S.-origin aircraft,
including foreign derivatives of U.S.-origin aircraft, in development,
or entering production, after 2023 with one or more of the following
advanced military capabilities: an Active Electronically Scanned Array
(AESA) fire control radar, integrated signature management or
electronic warfare systems, or the ability to engage targets beyond
visual range (BVR).
0
3. Amend Sec. 121.1 as follows:
0
a. In Category II, revise Note 2 to paragraph (a)(5);
0
b. In Category IV, revise paragraph (c);
0
c. In Category V, revise paragraphs (c)(2), (e)(10), (f)(4)(x),
(f)(19), and (g)(4);
0
d. In Category VII, revise Note 3 to Category VII;
0
e. In Category VIII:
0
i. Revise paragraphs (h)(1) and (29);
0
ii. Add Note 1 to paragraph (h); and
0
iii. Remove the Note at the end of the category.
0
f. In Category IX:
0
i. Revise paragraph (e)(1); and
0
ii. Remove and reserve paragraph (e)(2);
0
g. In Category X:
0
i. Revise paragraphs (a)(1) and (6);
0
ii. Add paragraph (b);
0
iii. Revise paragraph (d)(1); and
0
iv. Redesignate the Note to paragraphs (a) and (d) as Note 1 to
paragraphs (a) and (d) and revise newly redesignated Note 1 to
paragraphs (a) and (d).
0
h. In Category XI, revise paragraph (c)(10).
0
i. In Category XII, revise paragraph (d)(2)(ii).
0
j. In Category XIII:
0
i. Revise paragraphs (b)(4) and (d)(1) and (2);
0
ii. Redesignate Note to paragraph (d) as Note 1 to paragraph (d);
0
iii. Remove the Note to paragraph (d)(2) following newly redesignated
Note 1 to paragraph (d); and
0
iv. Revise paragraphs (e)(1), (2), (5), and (6), (j), and (m)(9) and
(10).
0
k. In Category XIV:
0
i. Revise paragraph (a)(1)(ii);
0
ii. Add paragraphs (a)(1)(iv) through (viii);
0
iii. Revise paragraph (f)(7); and
0
iv. Add paragraph (j).
0
l. In Category XIX, revise paragraphs (d) and (f)(1) and (2).
0
m. In Category XX:
0
i. Revise paragraphs (a)(7) and (8);
0
ii. Add paragraphs (a)(9) and (10); and
0
iii. Revise paragraph (b)(2).
0
n. In Category XXI, revise paragraph (a) and add Note 1 to Category
XXI.
The revisions and additions read as follows:
Sec. 121.1 The United States Munitions List.
* * * * *
Category II--Guns and Armament
(a) * * *
Note 2 to paragraph (a)(5): Note 1 to paragraph (a)(5) does not
apply to defense articles enumerated on the U.S. Munitions List,
whether in production or development.
* * * * *
Category IV--Launch Vehicles, Guided Missiles, Ballistic Missiles,
Rockets, Torpedoes, Bombs, and Mines
* * * * *
(c) Equipment specially designed for the handling, control,
activation, monitoring, detection, protection, discharge, or detonation
of any of the following:
(1) A commodity enumerated in paragraphs (a) or (b) of this
category (MT for those systems enumerated in paragraph (a)(1) or (2) or
(b)(1) of this category); or
(2) Improvised Explosive Devices (IEDs).
Note 1 to paragraph (c): This paragraph (c) includes specialized
handling equipment (e.g., transporters, cranes, and lifts) specially
designed to handle articles enumerated in paragraphs (a) and (b) of
this category for preparation and launch from fixed and mobile
sites. The equipment in this paragraph (c) also includes specially
designed robots, robot controllers, and robot end-effectors, and
liquid propellant tanks specially designed for the storage or
handling of the propellants controlled in USML Category V, CCL ECCNs
1C011, 1C111, and 1C608, or other liquid propellants used in the
systems enumerated in paragraph (a)(1), (2), or (5) of this
category.
Note 2 to paragraph (c): Aircraft Missile Protection Systems
(AMPS) are controlled in USML Category XI.
* * * * *
Category V--Explosives and Energetic Materials, Propellants, Incendiary
Agents, and Their Constituents
* * * * *
(c) * * *
(2) Carboranes; decaborane (CAS 17702-41-9); pentaborane (CAS
19624-22-7); and derivatives thereof (MT);
* * * * *
(e) * * *
(10) Poly-NIMMO (poly nitratomethylmethyoxetane, poly-NMMO,
(poly[3-nitratomethyl-3-methyl oxetane])) (CAS 84051-81-0);
* * * * *
(f) * * *
(4) * * *
(x) Diethylferrocene (CAS 1273-97-8);
* * * * *
[[Page 5602]]
(19) TEPANOL (HX-878)
(tetraethylenepentaamineacrylonitrileglycidol) (CAS 68412-46-4);
cyanoethylated polyamines adducted with glycidol and their salts (MT
for TEPANOL (HX-878));
* * * * *
(g) * * *
(4) CL-20 precursors (any molecule containing hexaazaisowurtzitane)
(e.g., HBIW (hexabenzylhexaazaisowurtzitane), TAIW
(tetraacetyldibenzylhexaazaisowurtzitane));
* * * * *
Category VII--Ground Vehicles
* * * * *
Note 3 to Category VII: Ground vehicles include any vehicle
meeting the control parameters, regardless of: the surface upon
which the vehicle is designed to operate (e.g., highway, off-road,
amphibious, or rail); the manner of control of the vehicle (e.g.,
manual, remote, or autonomous); or the mode of locomotion of the
vehicle (e.g., wheeled, tracked, or multi-pedal).
* * * * *
Category VIII--Aircraft and Related Articles
* * * * *
(h) * * *
(1) Parts, components, accessories, and attachments specially
designed for aircraft listed within paragraphs (h)(1)(i) through (ii)
of this category, excluding those common to aircraft that are or were
in production and are not listed within paragraphs (h)(1)(i) through
(iv), as follows:
(i) B-1, B-2, B-21, F-15SE (Silent Eagle), F/A-18E/F, EA-18G, MQ-
25, F-22, F-35, F-117, RQ-170, or future variants thereof;
(ii) U.S. Government technology demonstrators;
(iii) Foreign advanced military aircraft described in paragraph
(a)(1), (2), or (3) of USML Category VIII; or
(iv) Aircraft included in a USML Category XXI(a) determination;
Note 1 to paragraph (h)(1): The following is an example of the
scope of this paragraph (h)(1) for an article common to multiple
aircraft: A part common to the F-16 (not listed within paragraphs
(h)(1)(i) through (iv) of this category) and F-35 (listed) is not
described in this paragraph (h)(1), while a part common only to the
F-22 and F-35 (both listed) is described in this paragraph (h)(1),
subject to a specially designed analysis as set forth in Sec.
120.41 of this subchapter.
Note 2 to paragraph (h)(1): The following is an example of the
scope of this paragraph (h)(1) for articles used in U.S. Government
(USG) technology demonstrators: A part used only in a USG technology
demonstrator, where the USG technology demonstrator is otherwise
subject to the EAR, is not described in this paragraph (h)(1) (see
Sec. 120.41(b)(4)), while a part common only to the EA-18G (listed
in paragraph (h)(1)(i) of this category) and a USG technology
demonstrator is described in this paragraph (h)(1), subject to the
analysis set forth in Sec. 120.41 of this subchapter.
* * * * *
(29) Any of the following equipment if specially designed for
defense articles described in this paragraph (h)(1) or aircraft listed
in paragraph (h)(1)(i), (ii), or (iii) of this category or
developmental aircraft described in paragraph (f) of this category:
(i) Scale test models;
(ii) Full scale iron bird ground rigs used to test major aircraft
systems; or
(iii) Jigs, locating fixtures, templates, gauges, molds, dies, or
caul plates.
Note 1 to paragraph (h): Parts, components, accessories, and
attachments in paragraphs (h)(3) through (5) or paragraph (h)(7),
(14), (17), or (19) of this category are licensed by the Department
of Commerce when incorporated in an aircraft subject to the EAR and
classified under ECCN 9A610. Replacement parts, components,
accessories, and attachments remain subject to the ITAR.
* * * * *
Category IX--Military Training Equipment and Training
* * * * *
(e) * * *
(1) Directly related to the defense articles enumerated in
paragraphs (a) and (b) of this category; or
* * * * *
Category X--Personal Protective Equipment
(a) * * *
(1) Body armor providing a protection level equal to or greater
than NIJ RF3;
Note 1 to paragraph (a)(1): For body armor providing a level of
protection of NIJ HG1, NIJ HG2, NIJ RF1, or NIJ RF2, see ECCNs 1A005
and 1A613.
Note 2 to paragraph (a)(1): See USML Category XIII(e) for
controls on related materials.
* * * * *
(6) Helmets and helmet shells providing a protection level equal to
or greater than NIJ RF3;
* * * * *
(b) Developmental exoskeletons funded by the U.S. Department of
Defense via contract, or other funding authorization, dated after
January 20, 2026; and specially designed parts, components,
accessories, and attachments therefor; excluding those that are:
(1) Enumerated elsewhere on the USML;
(2) In production;
(3) Documented as subject to the EAR via a commodity jurisdiction
determination (see Sec. 120.4 of this subchapter); or
(4) Identified in the relevant DoD contract or other funding
authorization as being developed for both civil and military
applications.
* * * * *
(d) * * *
(1) Ceramic or composite plates that provide protection equal to or
greater than NIJ RF3;
* * * * *
Note 1 to paragraphs (a) and (d): See National Institute of
Justice Classification, NIJ Standard 0123.00, or national
equivalents, for a description of level of protection for armor.
* * * * *
Category XI--Military Electronics
* * * * *
(c) * * *
(10) Antennas, and specially designed parts and components
therefor, other than Traffic Collision Avoidance Systems (TCAS)
equipment conforming to FAA TSO C-119c, as follows:
(i) Antennas, other than Controlled Reception Pattern Antennas
(CRPAs), that employ four or more elements, electronically steer
angular beams, independently steer angular nulls, create angular nulls
with a null depth greater than 20 dB, and achieve a beam switching
speed faster than 1 millisecond;
(ii) Antennas, other than CRPAs, that form adaptive null
attenuation greater than 35 dB with convergence time less than 1
millisecond;
(iii) Antennas that detect signals across multiple RF bands with
matched left hand and right hand spiral antenna elements for
determination of signal polarization;
(iv) Antennas that determine signal angle of arrival with an
accuracy better than (less than) two degrees (e.g., interferometer
antenna);
(v) CRPAs specially designed for functions other than Position,
Navigation, and Timing (PNT), that employ four or more elements,
electronically steer angular beams, independently steer angular nulls,
create angular nulls with a null depth greater than 20 dB, and achieve
a beam switching speed faster than 1 millisecond; or
(vi) CRPAs specially designed for functions other than PNT, that
form adaptive null attenuation greater than 35 dB with convergence time
less than 1 millisecond;
* * * * *
[[Page 5603]]
Category XII--Fire Control, Laser, Imaging, and Guidance Equipment
* * * * *
(d) * * *
(2) * * *
(ii) Global Positioning System (GPS) receiving equipment specially
designed for encryption or decryption (e.g., Y-Code, M-Code) of GPS
protected positioning service (PPS) signals (MT if designed or modified
for airborne applications);
* * * * *
Category XIII--Materials and Miscellaneous Articles
* * * * *
(b) * * *
(4) Military or intelligence systems, equipment, assemblies,
modules, integrated circuits, components, or software (including all
previous or derived versions) authorized to control access to or
transfer data between different security domains as listed on the
National Cross Domain Strategy and Management Office (NCDSMO) Control
List (UCL); or
* * * * *
(d) * * *
* (1) Ablative materials fabricated or semi-fabricated from
advanced composites (e.g., silica, graphite, carbon, carbon/carbon, and
boron filaments) specially designed for the articles in USML Category
IV or XV (MT if usable for nozzles, re-entry vehicles, nose tips, or
nozzle flaps usable in rockets, space launch vehicles (SLVs), or
missiles capable of achieving a range greater than or equal to 300 km);
or
(2) Carbon/carbon billets and preforms that are reinforced with
continuous unidirectional fibers, tows, tapes, or woven cloths in three
or more dimensional planes (MT if designed for rocket, SLV, or missile
systems and usable in rockets, SLVs, or missiles capable of achieving a
range greater than or equal to 300 km).
Note 1 to paragraph (d)(2): This paragraph (d)(2) does not
control carbon/carbon billets and preforms where reinforcement in
the third dimension is limited to interlocking of adjacent layers
only.
* * * * *
(e) * * *
(1) Spaced armor with Em greater than 1.4 and meeting
NIJ RF1 or better;
(2) Transparent armor with areal density less than or equal to 40
pounds per square foot (<=40 lb/ft\2\), having either:
(i) Em greater than or equal to 1.3 (Em
>=1.3); or
(ii) Em less than 1.3 (Em <1.3) and meeting
or exceeding NIJ RF1 standards;
* * * * *
(5) Composite armor with Em greater than 1.4 and meeting
or exceeding NIJ RF1;
(6) Metal laminate armor with Em greater than 1.4 and
meeting or exceeding NIJ RF1; or
* * * * *
(j) Equipment, materials, coatings, treatments, and fluids not
elsewhere specified in this section, as follows:
(1) Specially treated or formulated dyes, coatings, and fabrics
used in the design, manufacture, or production of personnel protective
clothing, equipment, or face paints designed to protect against or
reduce detection by radar, infrared, or other sensors at wavelengths
greater than 900 nanometers (see USML Category X(a)(2));
* (2) Equipment, materials, coatings, and treatments that are
specially designed to modify the electro-optical, radiofrequency,
infrared, electric, laser, magnetic, electromagnetic, acoustic,
electro-static, or wake signatures of defense articles or 600 series
items subject to the EAR through control of absorption, reflection, or
emission to reduce detectability or observability (MT for applications
usable for rockets, SLVs, missiles, drones, or UAVs capable of
achieving a range greater than or equal to 300 km, and their
subsystems. See note to paragraph (d) of this category); or
(3) Fluids, including greases, specially designed for any of the
following:
(i) Aircraft listed in USML Category VIII(h)(1)(i), (ii), or (iii);
(ii) Coatings described in USML Category XIV(f)(7);
(iii) Engines listed in USML Category XIX(f)(1)(i) or (ii); or
(iv) Articles described in USML Categories XVIII (Directed Energy
Weapons) or XX (Submersible Vessels and Related Articles).
* * * * *
(m) * * *
(9) Em is the line-of-sight target mass effectiveness
ratio and provides a measure of the tested armor's performance to that
of rolled homogenous armor, where Em is defined as follows:
[GRAPHIC] [TIFF OMITTED] TR17JA25.093
Where:
= density of MIL-A-12560 RHA, (7.85 g/cm\3\)
Po = Baseline Penetration of RHA
Pr = Residual Line of Sight Penetration, either positive or negative
(RHA equivalent)
ADRHA = Line-of-Sight Areal Density of RHA
ADTARGET = Line-of-Sight Areal Density of Target
If witness plate is penetrated, Pr is the distance from
the projectile to the front edge of the witness plate. If the target
armor has no measurable penetration, Pr = 0, and the
Em equation reduces to a ratio of ADRHA/
ADTARGET.
(10) NIJ is the National Institute of Justice and RF1 refers to the
requirements specified in NIJ standard 0123.00, Specification for NIJ
Ballistic Protection Levels and Associated Test Threats.
* * * * *
Category XIV--Toxicological Agents, Including Chemical Agents,
Biological Agents, and Associated Equipment
* (a) * * *
(1) * * *
(ii) O-Alkyl (equal to or less than C10, including
cycloalkyl) N,N-dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl)
phosphoramidocyanidates, such as: Tabun (GA): O-Ethyl N, N-
dimethylphosphoramidocyanidate (CAS 77-81-6) (CWC Schedule 1A);
* * * * *
(iv) [Rcy]-alkyl (H or equal to or less than C10,
including cycloalkyl) N-(1-(dialkyl (equal to or less than
C10, including cycloalkyl) amino)) alkylidene (H or equal to
or less than C10, including cycloalkyl) phosphonamidic
fluorides and corresponding alkylated or protonated salts; e.g., N-(1-
(di-n-decylamino)-n-decylidene)-P-decylphosphonamidic fluoride (CAS
2387495-99-8) and Methyl-(1-(diethylamino) ethylidene)
phosphonamidofluoridate (CAS 2387496-12-8) (CWC Schedule 1A);
(v) O-alkyl (H or equal to or less than C10, including
cycloalkyl) N-(1-(dialkyl (equal to or less than C10,
including cycloalkyl) amino)) alkylidene (H or equal to or less than
C10, including cycloalkyl) phosphoramidofluoridates and
corresponding alkylated or protonated salts; e.g., O-n-Decyl N-(1-(di-
n-decylamino)-n-decylidene) phosphoramidofluoridate (CAS 2387496-00-4),
Methyl (1-(diethylamino) ethylidene) phosphoramidofluoridate (CAS
2387496-04-8), and Ethyl (1-(diethylamino) ethylidene)
phosphoramidofluoridate (CAS 2387496-06-0) (CWC Schedule 1A);
(vi) Methyl-(bis (diethylamino) methylene) phosphonamidofluoridate
(CAS 2387496-14-0) (CWC Schedule 1A);
(vii) Quaternaries of dimethylcarbamoyloxypyridines: 1-[N,N-dialkyl
(equal to or less than C10)-N-(n-(hydroxyl, cyano, acetoxy)
alkyl (equal to or less than C10)) ammonio]-n-[N-(3-
dimethylcarbamoxy-[alpha]-picolinyl)-N,N-dialkyl (equal to or less than
C10)
[[Page 5604]]
ammonio] decane dibromide (n=1-8); e.g., 1-[N,N-dimethyl-N-(2-hydroxy)
ethylammonio]-10-[N-(3-dimethylcarbamoxy-[alpha]-picolinyl)-N,N-
dimethylammonio] decane dibromide (CAS 77104-62-2) (CWC Schedule 1A);
or
(viii) Bisquaternaries of dimethylcarbamoyloxypyridines: 1,n-Bis[N-
(3-dimethylcarbamoxy-[alpha]-picolyl)-N,N-dialkyl (equal to or less
than C10) ammonio]-alkane-(2,(n-1)-dione) dibromide (n=2-
12); e.g., 1,10-Bis[N-(3-dimethylcarbamoxy-[alpha]-picolyl)-N-ethyl-N-
methylammonio] decane-2,9-dione dibromide(CAS 77104-00-8) (CWC Schedule
1A);
* * * * *
* (f) * * *
(7) Chemical Agent Resistant Coatings (CARC), prior to the
application and curing thereof, that have been qualified to military
specifications (MIL-PRF-32348, MIL-DTL-64159, MIL-C-46168, or MIL-DTL-
53039); or
* * * * *
(j) Constituent elements of defoliants, as follows: 2,4,5-
Trichlorophenoxyacetic acid (CAS 93-76-5).
* * * * *
Category XIX--Gas Turbine Engines and Associated Equipment
* * * * *
* (d) The following engines:
(1) AGT1500, CTS800, GE38, GE3000, HPW3000, MT7, T55, T408, or
T700; or
Note 1 to paragraph (d)(1): Engines subject to the control of
this paragraph (d)(1) are licensed by the Department of Commerce
when incorporated in an aircraft subject to the EAR and controlled
under ECCN 9A610. Such engines are subject to the controls of the
ITAR in all other circumstances.
(2) XT900.
* * * * *
(f) * * *
(1) Parts, components, accessories, and attachments specially
designed for the engines listed within paragraph (f)(1)(i) or (ii) of
this category, excluding those common to engines that are or were in
production that are not listed within paragraphs (f)(1)(i) through
(iii) of this category, as follows:
(i) F101, F107, F112, F118, F119, F120, F135, F136, F414, F415,
J402, T901, XA100, XA101, XA102, and XA103; and military variants
thereof;
(ii) Engines described in paragraph (d)(2) of this category; or
(iii) Engines included in a USML Category XXI(a) determination.
Note 1 to paragraph (f)(1): For example, a part common to the
F110 (not listed within paragraphs (f)(1)(i) through (iii) of this
category) and F136 (listed) engines is not described in this
paragraph (f)(1), while a part common only to the F119 and F135
(both listed) is described in this paragraph, subject to a specially
designed analysis using Sec. 120.41 of this subchapter.
* (2) Hot section parts and components (i.e., combustion chambers
and liners, and related cooled structures; high pressure turbine
blades, vanes, disks, and related cooled structures; cooled
intermediate pressure turbine blades, vanes, disks, and related cooled
structures; cooled low pressure turbine blades, vanes, disks, and
related cooled structures; cooled shaft-driving power turbine blades,
vanes, disks, and related cooled structures; cooled augmenters; and
cooled nozzles) specially designed for gas turbine engines controlled
in this category;
* * * * *
Category XX--Submersible Vessels and Related Articles
(a) * * *
(7) Equipped with any mission systems controlled under this
subchapter;
Note 1 to paragraph (a)(7): ``Mission system'' is defined as a
``system'' (see Sec. 120.40(h) of this subchapter) that are defense
articles that perform specific military functions such as by
providing military communication, electronic warfare, target
designation, surveillance, target detection, or sensor capabilities.
(8) Developmental vessels funded by the Department of Defense via
contract or other funding authorization;
Note 1 to paragraph (a)(8): This paragraph (a)(8) does not
control vessels, and specially designed parts, components,
accessories, attachments, and associated equipment therefor, in
production, determined to be subject to the EAR via a commodity
jurisdiction determination, or 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)(8): Note 1 to this paragraph (a)(8) does
not apply to defense articles enumerated on the U.S. Munitions List,
whether in production or development.
Note 3 to paragraph (a)(8): This paragraph (a)(8) is applicable
to those contracts and funding authorizations that are dated July 8,
2014, or later.
(9) Uncrewed, untethered vessels (and vehicles) that have an anti-
recovery (e.g., scuttle or self-destruct) feature; or
(10) Uncrewed, untethered vessels (and vehicles) with a gross
weight rating exceeding three-thousand pounds (3,000 lb), that are
designed to operate without human interaction for longer than 24 hours
or for more than seventy nautical miles (70 nmi).
Note 1 to paragraph (a)(10): ``Gross weight rating'' in this
paragraph (a)(10) means the maximum operating weight, or
displacement, of the conveyance, including the fully configured
weight of all fuel, fluids (excluding wet ballast open to the
operating environment), payloads, other deployables or expendables
(e.g., countermeasures, other autonomous commodities, and
torpedoes), and cargo.
* (b) * * *
(2) Electric motors specially designed for submarines that have a
power output of more than 0.75 MW (1,000 hp), and are all of the
following:
(i) Quick reversing;
(ii) Liquid cooled; and
(iii) Totally enclosed.
* * * * *
Category XXI--Articles, Technical Data, and Defense Services Not
Otherwise Enumerated
* (a) Any article not enumerated on the U.S. Munitions List may be
included in this category until such time as the appropriate U.S.
Munitions List category is amended to describe the article.
* * * * *
Note 1 to Category XXI: The decision to designate an article in
this category, whether to designate a catch-all control for that
article, the Significant Military Equipment designation of those
articles, and any exclusion of those articles from eligibility for
specific licensing exemptions, shall be made by the Director, Office
of Defense Trade Controls Policy.
Stanley L. Brown,
Acting Assistant Secretary, Political-Military Affairs, U.S. Department
of State.
[FR Doc. 2025-01313 Filed 1-16-25; 8:45 am]
BILLING CODE 4710-25-P