[Federal Register Volume 90, Number 164 (Wednesday, August 27, 2025)]
[Rules and Regulations]
[Pages 41778-41788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16382]
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DEPARTMENT OF STATE
22 CFR Parts 121 and 126
[Public Notice: 12744]
RIN 1400-AF42
International Traffic in Arms Regulations: U.S. Munitions List
Targeted Revisions
AGENCY: Department of State.
ACTION: Final rule; interim final rule adopted with changes.
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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 updates the interim final
rule it published on January 17, 2025. In addition, the Department is
adding a new license exemption for certain activities related to
unmanned underwater vehicles described in the exemption.
DATES: As of August 27, 2025, amendatory instruction number three in
the interim final rule published at 90 FR 5594 on January 17, 2025, is
withdrawn.
Effective date: This rule is effective September 15, 2025.
FOR FURTHER INFORMATION CONTACT: Mr. Chris Weil, Office of Defense
Trade Controls Policy, Department of State, email
[email protected]; SUBJECT: ITAR Amendment--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 defense articles and defense
services described 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
include 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 USML at ITAR Sec. 121.1. In maintaining the USML,
DDTC's Office of Defense Trade Controls Policy (DTCP) identifies
articles and services for review for addition to or removal from the
USML, or for clarification on how they are described on the USML,
through a variety of methods, including public feedback and interagency
consultations, 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 weapons,
have an inherently military function. The Department, informed by
consultations with its interagency partners, determined that the
additional items 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 text. Although it is not
seeking public comment in this final rule, the Department nonetheless
welcomes submissions from members of the public identifying specific
descriptions of items that, in their view, the Department should
consider revising, removing, or adding to the USML in future
rulemaking. As members of the public are often
[[Page 41779]]
uniquely positioned to provide information that can assist the
Department in its review of the USML, including technology
developments, commercial use of defense technology, and industry
interpretation and application of particular terminology, the
Department accepts the submission of such views to help inform its
monitoring of the technology frontier via [email protected].
On January 17, 2025, the Department published an interim final rule
(the IFR) in the Federal Register at 90 FR 5594 amending the ITAR to
remove from the USML items that no longer warrant inclusion, add to the
USML items that warrant inclusion, and clarify certain entries. That
rule included a request for comments on the revisions therein and was
scheduled to go into effect on September 15, 2025. Having reviewed and
considered the comments submitted in response to the IFR, and having
separately considered other changes to the USML based on its ongoing
assessments and periodic review of the USML, the Department is
publishing this final rule, which revises the ITAR and the IFR.
In summary, in response to feedback the Department received from
the IFR, and based on other assessments and the discretion afforded it,
the Department is making some alterations to the changes implemented
therein and making certain additional changes to the ITAR with
explanations provided in the section of this preamble titled
``Responses to Comments Received.'' Those changes include removing
lead-free birdshot, Global Navigation Satellite Systems (GNSS) anti-
spoofing and GNSS anti-jam systems, and certain anti-jam antennas from
the USML. They also include adding a new exemption for some of the
underwater vessels the IFR added to USML Category XX(a)(10) that,
although they provide a critical military or intelligence advantage
such that they warrant description on the USML, the Department assesses
are also highly suitable for scientific research and specific
commercial operations.
Regulatory Implementation
The Department is, with this final rule, superseding and replacing
the amendments to Sec. 121.1 that were scheduled to be made on
September 15, 2025 by the IFR. For administrative purposes and to
conform to procedures of the Office of the Federal Register (OFR), the
desired replacements made by this rule are procedurally accomplished by
withdrawing the IFR's amendatory instructions for Sec. 121.1 (i.e.,
the IFR's amendatory instruction number three) in the preceding
``Date'' section heading of this rule, and having the amendatory
instructions for Sec. 121.1 made by this rule (i.e., this final rule's
amendatory instruction number three) take effect on the same date,
September 15, 2025. Because the changes to the list of definitions in
the updated Sec. 121.0 are implemented by providing new regulatory
language in amendatory instruction number two, in both the IFR and this
final rule, and both sets of regulatory language are scheduled to take
effect on the same effective date, the corresponding revisions made by
this final rule will take effect on September 15, 2025. More
specifically, OFR will implement both revision instructions on the
effective date in the order in which they were originally published in
the Federal Register. Thus, the amendatory instructions in this final
rule reflect all relevant amendatory instructions from both this final
rule and the IFR that will be implemented on the September 15, 2025
effective date. In summary, all of this is done so that the reader does
not have to combine two separate sets of sequential amendments and
instead can more easily view the changes made in one place and in one
rule.
Responses to Comments Received
22 CFR 121.0
In response to the IFR, one commenter raised concerns that having
an Active Electronically Scanned Array (AESA) radar is insufficient to
distinguish an advanced aircraft from other less sensitive military
aircraft within the definition of ``foreign advanced military
aircraft'' in Sec. 121.0. The Department notes both the IFR and this
final rule specify that having an AESA fire control radar is an
advanced military capability meeting the definition's criteria.
Aircraft that only have AESA radar not associated with a fire control
system do not meet the AESA fire control radar criterion in this
definition. Additionally, in response to informal feedback, the
Department is amending the definition's criteria to clarify that
``integrated'' applies to both ``electronic warfare (EW) systems'' and
``signature management'' systems. Integrated signature management is
included in the overall design of the aircraft, while integrated EW
systems do not include federated (i.e., standalone) EW systems. The
Department is also reformatting the foreign advanced military aircraft
definition for clarity and ease of use and adding the definite article
``the'' to certain definitions for clarity.
USML Category II
A portion of the IFR's amendatory instruction that this rule
withdraws was included in the IFR to correct a typographical error in
Note 2 to paragraph (d) of Category II. As that error has since been
corrected through separate administrative action, State is not
reissuing that portion of the amendatory instruction in this rule.
USML Category III
Separate from the IFR, the Department is taking this opportunity to
revise paragraph (d)(6) of USML Category III to exclude common lead-
free birdshot ammunition, even if it is made from tungsten or steel and
thus has a core produced from tungsten or steel. The Department does so
consistent with its assessment that such projectiles do not provide a
critical military or intelligence advantage and do not have an
inherently military function. The Department of Commerce's Export
Administration Regulations classify such ammunition as EAR99.
Consistent with the Department's assertion of the military or foreign
affairs function exception to the notice-and-comment requirements of
the Administrative Procedure Act (see the ``Regulatory Analyses''
section of this preamble), the Department did not publish a rule
proposing this change but still welcomes relevant views at
[email protected].
USML Category IV
One commenter observed that the Department's addition of a separate
paragraph (c)(2) in USML Category IV implies improvised explosive
devices (IEDs) are not described in paragraph (a) or (b). As the
commenter notes, IEDs may be produced from articles described on the
USML or articles not described on the USML. Consequently, some IEDs
contain defense articles and some do not. The Department affirms that
IEDs are not described on the USML solely because they are IEDs.
Defense articles used as IED components remain defense articles subject
to ITAR Sec. 120.11(c).
The same commenter suggested the Department add IEDs to paragraph
(a)(9), which currently describes mines. The Department declines to
enumerate IEDs here, or elsewhere on the USML, for the same reasons
they are not described in paragraph (a)(6), which describes bombs.
Although some efforts to regulate the export of common IED precursor
materials to high-risk areas have been temporarily implemented by other
agencies in the past, by definition, IEDs are improvised from available
[[Page 41780]]
materials and the manufacture, production, and use of IEDs is regulated
via other legal authorities, including title 18 of the U.S. Code (see,
e.g., 18 U.S.C. 842, 2332, and 2339). The same commenter suggested that
paragraph ML4.a. of the 2024 Wassenaar Arrangement Munitions List
(WAML) explicitly controls ``explosive devices,'' including IEDs.
However, the Department notes the explosive devices described in that
paragraph are any of the following that are ``specially designed for
military use'': ``Bombs, torpedoes, grenades, smoke canisters, rockets,
mines, missiles, depth charges, demolition-charges, demolition-devices,
demolition-kits, `pyrotechnic' devices, cartridges, submunitions
therefor and simulators.''
Additionally, the commenter recommended the Department not describe
IED and mine disposal and protection equipment on the USML. To this
end, the commenter recommended adding a note to paragraph (c) to state
that remotely operated vehicles (ROVs) and disruptors specially
designed or modified for the disposal of IEDs, and specially designed
components and accessories therefor, are subject to the EAR under
Export Control Classification Number (ECCN) 1A006 on the CCL. The
Department affirms that some ROVs and disruptors for IEDs are not
described in the new paragraph (c)(1) or (2) created by the IFR. For
example, an IED disruptor that disables IEDs by use of a water lance
(i.e., a high-velocity water stream that can rapidly disrupt or damage
the target electronics) is not specially designed for the handling,
control, activation, monitoring, detection, protection, discharge, or
detonation of IEDs. As these items are not currently described in
paragraph (c), the Department declines to add language removing them.
USML Category V
The Department is updating paragraph (c)(2) of USML Category V to
add a second Chemical Abstract Service (CAS) Registry Number for
pentaborane, consistent with those provided on the WAML. The Department
notes CAS numbers indicated on the USML may not cover all substances
and mixtures described in the associated USML entries. As explained in
Note 2 to Category V, CAS numbers are only provided as examples.
USML Category VIII
One commenter stated the inclusion of the AESA fire control radar
criterion in the definition of foreign advanced military aircraft will
result in the ``inadvertent inclusion of thousands of minor parts and
components'' in USML Category VIII(h)(1) that the commenter believes
should remain on the CCL. The Department assesses the scenario
described is a misinterpretation of the changes to paragraph (h)(1), as
that paragraph does not include a catch-all control for parts used
exclusively in foreign advanced military aircraft. Instead, by adding
paragraph (h)(1)(iii), the Department is reinforcing the existing
catch-all control for aircraft described in paragraphs (h)(1)(i) and
(ii). This supports U.S. industry participation in foreign advanced
military aircraft programs by ensuring the reuse of current paragraph
(h)(1) parts does not release those parts from the USML, which helps
enable more favorable licensing adjudications for such repurposing of
existing U.S. parts.
In alignment with the President's announcement, on March 22, 2025,
that the U.S. Air Force's Next Generation Air Dominance Platform has
been designated as the F-47, the Department is adding the F-47 to the
list of aircraft in paragraph (h)(1)(i) of USML Category VIII. While
the F-47 is currently enumerated in paragraphs (a)(2) and (f) of USML
Category VIII, the catch-all control for its specially designed parts,
components, accessories, and attachments is currently in paragraph (f),
based on the aircraft's developmental status. Adding the F-47 to the
list of aircraft in (h)(1)(i) ensures those items remain described on
the USML after the F-47 enters production. The F-47 will be the most
advanced, lethal, and adaptable fighter aircraft ever developed, and
the Department assesses the specially designed items this change adds
to paragraph (h)(1) will continue to provide a critical military or
intelligence advantage after the F-47 enters production.
Additionally, the Department is clarifying that, while it
considered removing articles specially designed for parts, components,
accessories, and attachments used exclusively in U.S. Government
technology demonstrators from paragraph (h)(29) in the IFR, it elects
not to do so at this time. The Department is also removing an
extraneous use of the word ``this'' from paragraph (h)(29).
Furthermore, consistent with the regulatory text presented in the
IFR, the Department notes it expanded paragraph (h)(29) in the IFR to
also describe articles specially designed for foreign advanced military
aircraft described in paragraph (a)(1), (2), or (3) or developmental
aircraft described in paragraph (f). This expansion does not extend to
articles specially designed only for parts, components, accessories,
and attachments not described in paragraph (h)(1). For example, a scale
test model of a complete foreign advanced military aircraft described
in paragraph (a)(2) is described in paragraph (h)(29)(i); however, a
scale test model of a component of that aircraft is not described in
paragraph (h)(29)(i). Similarly, a full-scale iron bird rig specially
designed for a foreign advanced military aircraft described in
paragraph (a)(2) is described in paragraph (h)(29)(ii); however, a part
used exclusively in a foreign advanced military aircraft is not
described in paragraph (h)(1), and a jig specially designed for that
part is not described in paragraph (h)(29)(iii).
USML Category XI
Separate from the IFR, the Department assesses the broad
description of counter-jamming equipment in USML Category XI(a)(4)(iii)
may impede the Department's intent to improve civil navigation
resiliency when it removed certain Controlled Reception Pattern
Antennas (CRPAs) from paragraph (c)(10) in the IFR. To address this,
the Department is modifying paragraph (a)(4)(iii) to exclude Global
Navigation Satellite System (GNSS) anti-jam and GNSS anti-spoofing
systems from that entry. Meanwhile, USML Category XII(d)(3) already
describes certain GNSS anti-jam systems that continue to provide a
critical military or intelligence advantage. To improve the clarity of
paragraph (a)(4)(iii), the Department is also restructuring it by
splitting its two clauses into subparagraphs (A) and (B), moving the
parenthetical list of examples into a note, and adding a hyphen to
``counter-jamming.''
One commenter additionally noted that, unlike paragraphs (c)(10)(i)
and (ii) in the IFR, paragraph (c)(10)(iv) does not exclude CRPAs that
may be used for civil navigation resiliency by identifying the angle of
arrival of a valid or spoofed GNSS signal. The Department agrees and is
thus excluding specific CRPAs from this entry and adding a new entry,
paragraph (c)(10)(vii), to continue to describe CRPAs specially
designed for functions other than Position, Navigation, and Timing
(PNT) that meet the technical parameters of the former paragraph
(c)(10)(iv). Additionally, the Department is relocating the content of
the note to paragraph (c)(10) into the introductory text of that
paragraph and is updating it to reference the appropriate versions of
FAA Traffic Collision Avoidance System (TCAS) and Airborne Collision
Avoidance System (ACAS) regulations, as the previous references are
outdated. In response to a separate query, the Department further
[[Page 41781]]
notes that paragraph (c)(10)(iv) was not intended to describe antennas
developed exclusively for civil airborne weather radar. Views on
specific examples of why certain antennas developed for this purpose
may currently be described therein are requested via email to
[email protected] and may be used to inform future
rulemakings.
Another commenter recommended removing USML Category IX(a)(9)
because radar target generators are also described in USML Category
XI(a)(3)(xxviii). The Department declines to do so, since USML Category
XI(a)(3)(xxviii) describes a subset of radar target generators that are
designated as Significant Military Equipment (SME). That SME
classification takes precedence in the order of review over the non-SME
description in USML Category IX(a)(9) of other radar target generators.
USML Category XIII
The Department is correcting an inadvertent omission of
[rho]RHA in USML Category XIII(m)(9) as published in the
IFR, deleting an unnecessary comma in the definition of
[rho]RHA, restoring the unit designations for Po,
Pr, and ADTARGET, and adding a unit designation
for ADRHA. Although the IFR included amendatory instructions
modifying paragraph (d), upon further examination, the Department finds
it unnecessary to amend that paragraph or its associated notes at this
time and is withdrawing the amendatory instructions in the IFR for
Category XIII(d) via this rule, by not including them in this final
rule's amendatory instructions.
The Department is updating paragraph (j)(3)(iv) for consistent
language, with no change in the scope of control.
USML Category XVIII
The Department is correcting an administrative oversight in the
USML where, despite being empty, paragraphs (h) through (w) were not
marked reserved.
USML Category XX
To improve its clarity and readability, the Department is amending
Note 1 to USML Category XX(a)(8) to remove the reference to parts,
components, accessories, attachments, and associated equipment, noting
that paragraph (a)(8) does not currently describe any of those
commodity types. Existing USML Category XX(c) describes those commodity
types when specially designed for vessels described in paragraph
(a)(8).
One commenter stated new paragraphs (a)(9) and (10) describe
vessels in commercial use, including those used in surveys of subsea
floors for applications such as drilling, laying subsea cables, and
marine wind farm installations. The commenter did not identify the
specific vessels of concern and therefore the Department was unable to
confirm whether any vessels used for such applications include anti-
recovery features such as scuttle or self-destruct capabilities, which
the Department assesses provide a critical military or intelligence
advantage by mitigating the risk of counter-surveillance and
exploitation of the vessels and serves no compelling commercial
purpose. The Department also assessed that most of the underwater
vessels referenced by the commenter are designed to be remotely
operated and thus do not meet the threshold in paragraph (a)(10)
concerning operation without human interaction for longer than 24 hours
or more than 70 nautical miles. The commenter also stated usage of
these vessels for commercial applications will also be regulated by the
Department of Commerce's Bureau of Industry and Security (BIS). The
Department notes this is incorrect, as items described on the USML are
not subject to BIS's Export Administration Regulations unless
specifically provided for in the ITAR (e.g., see the note to paragraph
(d) in USML Category XIX).
Three other commenters identified vessels, including some models of
Kongsberg Discovery's HUGIN UUVs, that would be described on the USML
under the new paragraph (a)(10) and are used in civil applications such
as oceanographic research or the oil and gas industry. The Department
has reviewed these vessels and concluded that though some of them are
or may be used for civil purposes, those described by paragraph (a)(10)
nevertheless provide a critical military or intelligence advantage and
thus it declines to remove or update paragraph (a)(10). The weight-
based control concisely and accurately describes the UUVs that provide
a critical military or intelligence advantage. The size threshold of
3,000 pounds is based on an estimated technology development trajectory
and represents the minimum size for a UUV that would enable significant
weaponization. This considers both integrated weapons as payloads
(e.g., torpedoes) and non-integrated weapons as cargo (e.g., naval
mines). The Department's intent is to control large UUVs usable for
oceanographic research or commercial purposes that could be easily
used, post-sale, as an effective weapon, or as a weapons delivery or
Intelligence, Surveillance, and Reconnaissance (ISR) platform. The 24-
hour threshold for operation without human interaction represents the
typical perishability of information used to task unmanned systems for
military or intelligence purposes, and it has the effect of excluding
many civilian remotely operated vehicles. Systems capable of operating
without human interaction for 24 hours must possess the capability of
assessing changes in environment, mission context, and self-health and
adapting to such changes. The alternative threshold of 70 nautical
miles represents the distance a vessel could travel in 24 hours at an
average speed of approximately three knots.
For conciseness and clarity, the Department is also making several
revisions to the changes to USML Category XX(a) that the IFR made, that
are set to take effect on September 15, 2025. First, the Department is
removing the parentheticals ``(and vehicles)'' from paragraphs (a)(9)
and (10) as unnecessary. References to underwater ``vessels'' in
Category XX include underwater ``vehicles.'' Second, the Department is
deleting note 1 to paragraph (a)(10) and relocating the definition of
``gross weight rating'' into the list of definitions in Sec. 121.0.
Third, the Department is revising paragraph (b)(2) for greater clarity,
with no change to the scope of control.
New License Exemption for Certain Large Unmanned Underwater Vehicles
(UUVs)
In the IFR, the Department included weight and performance criteria
in the new USML Category XX(a)(10) paragraph to avoid control of
systems it assessed are best suited for scientific research or
commercial applications. In response to the IFR, one commenter proposed
the Department ensure its regulation of large UUVs only captures
conduct related to military operations. The Department considered this
request, along with the technological and economic landscape for these
vessels and their availability in assessing ways to facilitate U.S.
participation and collaboration for civilian tasks such as natural
resource exploration, infrastructure inspection, and oceanographic
research while continuing to mitigate the risks of their misuse,
diversion, and proliferation.
Following research based on this comment, the Department identified
there are U.S. companies that provide services using such vessels, as
opposed to selling the vessels. DDTC already
[[Page 41782]]
reviews license applications for contractor-owned contractor-operated
(COCO) services for Intelligence, Surveillance, and Reconnaissance
(ISR) and airborne mineral surveys using defense articles and would
also review COCO licenses for large defense article UUVs.
Further, in response to feedback from this commenter and the
commenters described in the section on USML Category XX, and the
Department's subsequent assessments, the Department is creating a new
license exemption for a subset of the UUVs described in USML Category
XX(a)(10) that, although they provide a critical military or
intelligence advantage such that they warrant description on the USML,
the Department assesses they are also highly suitable for scientific
research and specific commercial operations.
This new exemption will authorize the temporary export, reexport,
and temporary import of UUVs described in USML Category XX(a)(10) that
meet the exemption's size restriction of 8,000 pounds, as well as the
provision of defense services in the maintenance, repair, operation, or
use of those exempted UUVs, when the controlled activities involve one
of the exemption's described civil uses. It will also authorize a
similar scope of brokering activities. However, this exemption will not
be available if the activities entail the transfer of the vessel's
registration, control, or ownership to a foreign person.
While the Department is implementing that license exemption in a
new Sec. 126.9(u) in this final rule, it still welcomes relevant views
on this new exemption, including recommended improvements. Comments are
requested via email to [email protected], and may be used to
inform future rulemakings.
Effective Date and Updating of Licenses and Agreements
The Department is implementing an effective date for this rule of
September 15, 2025, the same implementation date announced in the IFR,
in making the revisions described in this final rule. One commenter
requested the Department accelerate the effective date of the rule to
March 20, 2025. The Department declines to advance or postpone the
effective date of the rule, having assessed the current effective date
provides necessary and sufficient time for the regulated community to
make necessary preparation to implement these changes.
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. Before determining license requirements, it is important to
confirm which U.S. Government department or agency has jurisdiction
over the items that you are planning to transfer, or broker. In
determining licensing jurisdiction, exporters should evaluate the
control status of their item using the order of review found at ITAR
Sec. 120.11 and may submit a commodity jurisdiction request to DDTC
for assistance, if the licensing jurisdiction or USML classification is
in doubt. If it is determined that the item is subject to the EAR,
exporters should evaluate the CCL classification of their item using
the order of review in supplement no. 4 to part 774 of the EAR and may
submit a commodity classification request (CCATS) to BIS for
assistance, if the CCL classification is in doubt. Neither the BIS
classification nor the CCATS number may be relied upon or cited as
evidence that the U.S. Government determined that the items described
in the commodity classification determination are subject to the EAR
(See 15 CFR 734.3). 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 or, in the case of items
removed from the USML by this final rule, immediately upon its
publication. 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 removing the item from the USML, 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 removing them from the USML 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.
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 the application using an (x) paragraph will be
Returned
[[Page 41783]]
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
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 of this rule, 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 Disclosures or 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 ITAR Sec. 127.12. For potential violations of the EAR,
persons are encouraged to submit voluntary self-disclosures to BIS,
consistent with the procedures outlined in EAR Sec. Sec. 764.4 and
764.5. For potential violations of both the EAR and the ITAR, persons
are encouraged to submit disclosures to both agencies.
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 elected to publish an interim
final rule prior (IFR) to this final rule, it did 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. Additionally, relying on the same
APA provision and where noted, the Department is including some changes
in this final rule that were not presented in the IFR.
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 and 13563
Executive Order 12866, as amended by Executive Order 13563, directs
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 to be 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
[[Page 41784]]
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 USML Category
IX(e)(2) was in the IFR, the Department is removing it 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. The alternative to this was 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 revisions in cycles, as it has done in implementing this rule.
Executive Order 14192
This rule is exempt from Executive Order 14192 as it is a
regulation issued with respect to a foreign affairs or national
security function of the United States.
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.
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
Deputy Secretary Christopher Landau, having reviewed and approved
this document, has delegated the authority to electronically sign this
document for purposes of publication in the Federal Register to Senior
Official Brent T. Christensen, who is performing the duties of the
Under Secretary for Arms Control and International Security.
List of Subjects
22 CFR Part 121
Arms and munitions, Classified information, Exports.
22 CFR Part 126
Arms and munitions, Exports, Reporting and recordkeeping
requirements, Technical assistance.
For reasons stated in the preamble, the Department of State adopts
the interim rule amending 22 CFR part 121, the United States Munitions
List, which was published at 90 FR 5594 on January 17, 2025, as final
with changes, and amends part 126 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 and republish 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 the Commerce Control List in 15 CFR
part 774, supplement no. 1.
Department of Defense means the U.S. Department of Defense.
DoD. See Department of Defense.
EAR means the 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 an aircraft that is all of
the following:
(1) Non-U.S.-origin, including foreign derivatives of U.S.-origin
aircraft;
(2) In development, or entering production, after 2023; and
(3) Has one or more of the following advanced military
capabilities:
(i) An Active Electronically Scanned Array (AESA) fire control
radar;
(ii) Integrated signature management;
(iii) Integrated electronic warfare systems; or
(iv) The ability to engage targets beyond visual range (BVR).
Gross weight rating 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.
0
3. Amend Sec. 121.1 as follows:
0
a. In Category III, revise paragraph (d)(6);
0
b. In Category IV, revise paragraph (c) and Note 1 to 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 paragraph (a)(1), Note 1 to paragraph (a)(1), and (a)(6);
[[Page 41785]]
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:
0
i. Revise paragraphs (a)(4)(iii) and (c)(10) and
0
ii. Remove the Note to paragraph (c)(10).
0
i. In Category XII, revise paragraph (d)(2)(ii).
0
j. In Category XIII, revise paragraphs (b)(4), (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 XVIII, reserve paragraphs (h) through (w).
0
m. In Category XIX, revise paragraphs (d) and (f)(1) and (2).
0
n. 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
o. 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 III--Ammunition and Ordnance
* * * * *
(d) * * *
(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, excluding steel or tungsten shotgun pellets with diameters less
than or equal to 0.230 in;
* * * * *
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.
* * * * *
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 CAS 18433-84-6); 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);
* * * * *
(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) of this category, as follows:
(i) B-1, B-2, B-21, F-15SE (Silent Eagle), F/A-18E/F, EA-18G, F-22,
F-35, F-47, F-117, MQ-25, 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 paragraph (h)(1) of this category,
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
* * * * *
[[Page 41786]]
(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.
* * * * *
(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
(a) * * *
(4) * * *
(iii) Systems and equipment, excluding GNSS anti-jam and GNSS anti-
spoofing systems, either:
(A) Specially designed to introduce extraneous or erroneous signals
into radar, infrared based seekers, electro-optic based seekers, radio
communication receivers, or navigation receivers; or
(B) That otherwise hinder the reception, operation, or
effectiveness of adversary electronics;
Note 1 to paragraph (a)(4)(iii): Examples include active or
passive electronic attack, electronic countermeasure, electronic
counter-countermeasure equipment, jamming, and counter-jamming
equipment.
* * * * *
(c) * * *
(10) Antennas, excluding Traffic Collision Avoidance Systems (TCAS)
or Airborne Collision Avoidance System (ACAS) antennas conforming to
FAA TCAS or ACAS Technical Standard Orders (e.g., TSO C-119 or TSO-
C219), as follows; and specially designed parts and components
therefor:
(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, other than CRPAs, 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;
(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; or
(vii) CRPAs specially designed for functions other than PNT, that
determine signal angle of arrival with an accuracy better than (less
than) two degrees;
* * * * *
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
* * * * *
(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
[[Page 41787]]
(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 Category 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] TR27AU25.006
Where:
[rho]RHA = density of MIL-A-12560 RHA (7.85 g/cm\3\)
Po = Baseline Penetration of RHA (mm)
Pr = Residual Line of Sight Penetration, either positive
or negative (mm RHA equivalent)
ADRHA = Line-of-Sight Areal Density of RHA (kg/
m2)
ADTARGET = Line-of-Sight Areal Density of Target (kg/
m2)
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) 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
[[Page 41788]]
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 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 that have an anti-recovery (e.g.,
scuttle or self-destruct) feature; or
(10) Uncrewed, untethered vessels 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).
* (b) * * *
(2) Quick-reversing, liquid-cooled electric motors that are totally
enclosed, have a power output greater than 0.75 MW (1,000 hp), and are
specially designed for submarines.
* * * * *
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 that
article, and any exclusion of that article from eligibility for
specific licensing exemptions, shall be made by the Director, Office of
Defense Trade Controls Policy.
PART 126--GENERAL POLICIES AND PROVISIONS
0
4. The authority citation for part 126 continues to read as follows:
Authority: 22 U.S.C. 287c, 2651a, 2752, 2753, 2776, 2778, 2779,
2779a, 2780, 2791, 2797, 10423; sec. 1225, Pub. L. 108-375, 118
Stat. 2091; sec. 7045, Pub. L. 112-74, 125 Stat. 1232; sec. 1250A,
Pub. L 116-92, 133 Stat. 1665; sec. 205, Pub. L. 116-94, 133 Stat.
3052; and E.O. 13637, 78 FR 16129, 3 CFR, 2013 Comp., p. 223.
0
5. Add Sec. 126.9 to read as follows:
Sec. 126.9 Exemptions for certain activities involving defense
articles.
(a)-(t) [Reserved]
(u) Exemption for certain large Unmanned Underwater Vehicle (UUV)
activities--
(1) Activities exempted. No license or other approval is required
for the following activities, subject to the restrictions in paragraph
(u)(2) of this section:
(i) The temporary export, reexport, or temporary import of vessels
described in USML Category XX(a)(10);
(ii) The furnishing of assistance to a foreign person in the
maintenance, repair, operation, or use of a defense article described
in USML Category XX(a)(10); or
(iii) Brokering activities to facilitate:
(A) The temporary export, reexport, or permanent import of vessels
described in USML Category XX(a)(10); or
(B) The furnishing of assistance to a foreign person in the
maintenance, repair, operation, or use of a defense article described
in USML Category XX(a)(10).
(2) Restrictions. The exemption set forth in this paragraph (u) is
subject to all of the following restrictions:
(i) The vessel must not be described in any USML paragraph other
than Category XX(a)(10);
(ii) The vessel must not have a gross weight rating (as defined in
Sec. 121.0 of this subchapter) exceeding eight thousand pounds (8,000
lb);
(iii) The purpose of the activity must be limited to one or more of
the following:
(A) Scientific research or natural resource exploration;
(B) Commercial or civil infrastructure maintenance, installation,
or repair; or
(C) Search and rescue operations; and
(iv) The activity must not transfer registration, control, or
ownership of the vessel to a foreign person.
Brent T. Christensen,
Senior Official Performing the Duties of the Under Secretary for Arms
Control and International Security, Department of State.
[FR Doc. 2025-16382 Filed 8-26-25; 8:45 am]
BILLING CODE 4710-25-P