Vol. 78 Thursday, 

No. 143 July 25, 2013 

Part II 

Department of State 

22 CFR Part 121 

Department of Commerce 

Bureau of Industry and Security 

15 CFR Part 774 

Amendment to the International Traffic in Arms Regulations: Revision of 

U.S. Munitions List Category XI. and Revisions to the Export 

Administration Regulations (EAR): Control of Military Electronic Equipment 

and Related Items the President Determines No Longer Warrant Control 

Under the United States Munitions List (USML); Proposed Rules 


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DEPARTMENT OF STATE 

22 CFR Part 121 

RIN 1400–AD25 

[Public Notice 8388] 

Amendment to the International Traffic 

in Arms Regulations: Revision of U.S. 

Munitions List Category XI 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: As part of the President’s 

Export Control Reform effort, the 

Department of State proposes to amend 

the International Traffic in Arms 

Regulations (ITAR) to revise Category XI 

(Military Electronics) of the U.S. 

Munitions List (USML) to describe more 

precisely the articles warranting control 

on the USML. The proposed revision of 

USML Category XI was first published 

as a proposed rule on November 28, 

2012, for public comment. The 

Administration has decided to publish 

this regulation again in proposed form 

to allow for public feedback on changes 

made to the rule and for the Department 

of State to request further input from the 

public on specific matters of concern. 

The revisions contained in this rule are 

part of the Department of State’s 

retrospective plan under E.O. 13563. 

DATES: The Department of State will 

accept comments on this proposed rule 

until September 9, 2013. 

ADDRESSES: Interested parties may 

submit comments within 45 days of the 

date of publication by one of the 

following methods: 

• Email: 

DDTCResponseTeam@state.gov with the 

subject line, ‘‘ITAR Amendment— 

Category XI.’’ 

• Internet: At www.regulations.gov, 

search for this notice by using this rule’s 

RIN (1400–AD25). 

Comments received after that date 

will be considered if feasible, but 

consideration cannot be assured. Those 

submitting comments should not 

include any personally identifying 

information they do not desire to be 

made public or information for which a 

claim of confidentiality is asserted 

because those comments and/or 

transmittal emails will be made 

available for public inspection and 

copying after the close of the comment 

period via the Directorate of Defense 

Trade Controls Web site at 

www.pmddtc.state.gov. 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. 

Comments submitted via 

www.regulations.gov are immediately 

available for public inspection. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sarah J. Heidema, Acting Director, 

Office of Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2809; email 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, USML Category XI. 

The Department of State’s full 

retrospective plan can be accessed at 

http://www.state.gov/documents/ 

organization/181028.pdf. 

SUPPLEMENTARY INFORMATION: The 

Directorate of Defense Trade Controls 

(DDTC), U.S. Department of State, 

administers the International Traffic in 

Arms Regulations (ITAR) (22 CFR parts 

120–130). The items subject to the 

jurisdiction of the ITAR, i.e., ‘‘defense 

articles’’ and ‘‘defense services,’’ are 

identified on the ITAR’s U.S. Munitions 

List (USML) (22 CFR 121.1). With few 

exceptions, items not subject to the 

export control jurisdiction of the ITAR 

are subject to the jurisdiction of the 

Export Administration Regulations 

(‘‘EAR,’’ 15 CFR parts 730–774, which 

includes the Commerce Control List 

(CCL) in Supplement No. 1 to part 774), 

administered by the Bureau of Industry 

and Security (BIS), U.S. Department of 

Commerce. Both the ITAR and the EAR 

impose license requirements on exports 

and reexports. Items not subject to the 

ITAR or to the exclusive licensing 

jurisdiction of any other set of 

regulations are subject to the EAR. 

All references to the USML in this 

rule are to the list of defense articles 

controlled for the purpose of export or 

temporary import pursuant to the ITAR, 

and not to the defense articles on the 

USML that are controlled by the Bureau 

of Alcohol, Tobacco, Firearms and 

Explosives (ATF) for the purpose of 

permanent import under its regulations. 

See 27 CFR part 447. Pursuant to section 

38(a)(1) of the Arms Export Control Act 

(AECA), all defense articles controlled 

for export or import are part of the 

USML under the AECA. For the sake of 

clarity, the list of defense articles 

controlled by ATF for the purpose of 

permanent import is the U.S. Munitions 

Import List (USMIL). The transfer of 

defense articles from the ITAR’s USML 

to the EAR’s CCL for the purpose of 

export control does not affect the list of 

defense articles controlled on the 

USMIL under the AECA for the purpose 

of permanent import. 

Export Control Reform Update 

Pursuant to the President’s Export 

Control Reform (ECR) initiative, the 

Department has published proposed 

revisions to thirteen USML categories 

and has revised four USML categories to 

create a more positive control list and 

eliminate, where possible, ‘‘catch all’’ 

controls. The Department, along with 

the Departments of Commerce and 

Defense, reviewed the public comments 

the Department received on the 

proposed rules and has, where 

appropriate, revised the rules. The 

Department continues to review the 

remaining USML categories and will 

publish them as proposed rules in the 

coming months. 

For discussion of public comments 

relevant to the two USML categories 

that have been published as final rules, 

please see ‘‘Amendment to the 

International Traffic in Arms 

Regulations: Initial Implementation of 

Export Control Reform,’’ published 

April 16, 2013 (78 FR 22740). The 

aforementioned notice also contained 

policies and procedures regarding the 

licensing of items moving from the 

export jurisdiction of the Department of 

State to the Department of Commerce, a 

definition for specially designed, and 

responses to public comments and 

changes to other sections of the ITAR 

that affect the categories discussed in 

this rule. 

Pursuant to ECR, the Department of 

Commerce has been publishing 

revisions to the EAR, including various 

revisions to the CCL. Revision of the 

USML and CCL are coordinated so there 

is uninterrupted regulatory coverage for 

items moving from the jurisdiction of 

the Department of State to that of the 

Department of Commerce. For the 

Department of Commerce’s companion 

to this rule, please see, ‘‘Revisions to the 

Export Administration Regulations 

(EAR): Control of Military Electronic 

Equipment and Related Items the 

President Determines No Longer 

Warrant Control Under the United 

States Munitions List (USML),’’ 

elsewhere in this edition of the Federal 

Register. 

Proposed Changes in This Rule 

The Department proposes the 

following changes to the ITAR with this 

rule: (i) Revision of USML Category XI 

(Military Electronics); and (ii) inclusion 

in USML Category XI of the new 

licensing procedure for the export of 

items subject to the EAR that are to be 

exported with defense articles 

enumerated in this category. 

Revision of USML Category XI 

The revision of USML Category XI 

was first published as a proposed rule 

(RIN 1400–AD25) on November 28, 

2012, for public comment (see 77 FR 


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70958). The comment period ended 

January 28, 2013. Thirty-six parties filed 

comments recommending changes 

within the established comment period, 

which were reviewed and considered by 

the Department and other agencies. 

Pursuant to this review, which included 

assessment of the public comments 

received for the Department of 

Commerce’s companion rule published 

on the same day (see 77 FR 70945), the 

Administration has decided to publish 

these regulations again in proposed 

form, to allow for public feedback on 

additional proposed changes to the rules 

and for the Departments of State and 

Commerce to request further input from 

the public on specific matters of 

concern. In addition, because of the 

frequency the term ‘‘specially designed’’ 

is used in the regulation, and because at 

the time of the public comment period 

there was not a final version of the term 

available for application, certain 

commenting parties expressed concern 

regarding the ability to fully assess the 

changes to this category. With the 

publication of the specially designed 

definition (see 78 FR 22740), these 

concerned parties may now apply the 

definition in their analysis of the 

proposed revision to the military 

electronics controls. 

The Department received proposals 

for alternative phrasing and formatting 

of the regulatory text in USML Category 

XI. When the recommended changes 

added to the clarity of the regulation, 

did not alter the intended scope of the 

control, and were congruent with ECR 

objectives, the Department accepted 

them. In addition, the Department’s 

assessment of many of the public 

comments has resulted in modifications 

throughout the regulation for more 

accurate description of the articles 

intended to be controlled. 

One commenting party recommended 

that USML Category XI should 

explicitly exclude communications 

systems and equipment that have been 

configured for operational compatibility 

within military systems but that are 

comprised of commercial equipment 

and perform essentially civilian 

functions. Otherwise, the regulation 

would put U.S. companies at a 

disadvantage with foreign companies 

that are able to export such products 

without restriction. Similarly, other 

commenting parties expressed concerns 

that the revised regulation—in what was 

enumerated, as well as the parameters 

provided—would capture commercial 

articles. All such concerns were 

considered, and in certain cases, the 

regulation was revised. In light of the 

revised regulation, the Department 

requests that those who still believe it 

captures commercial articles to provide 

specific examples of such articles that 

would be covered by model or 

nomenclature, rather than the general 

comment that the regulation would 

capture commercial articles. 

One commenting party was concerned 

that companies seeking to export 

systems comprised of both ITARcontrolled equipment and the new CCL 

600 series items would need to obtain 

export authorizations from both the 

Departments of State and Commerce. 

The Department notes that ‘‘dual 

licensing’’ is not a matter arising from 

export control reform, as it has always 

been the case that systems may contain 

items with different export control 

jurisdictions. A feature of ECR, though, 

does address this issue. As described in 

‘‘Amendment to the International 

Traffic in Arms Regulations: Initial 

Implementation of Export Control 

Reform’’ (78 FR 22740), USML 

categories will have a new (x) 

paragraph, the purpose of which is to 

allow for ITAR licensing for 

commodities, software, and technical 

data subject to the EAR, provided those 

commodities, software, and technical 

data are to be used in or with defense 

articles controlled on the USML that are 

identified on the same license 

application and are described in the 

purchase documentation submitted with 

the license application. 

Three commenting parties 

recommended including separate 

paragraphs within USML Category XI 

for the control of software for the 

development, operation, test, and repair 

of articles enumerated in the category. 

The Department did not accept this 

recommendation, as paragraph (d) 

controls related technical data, and 

technical data includes software (see 

ITAR § 120.10). 

One commenting party expressed 

concern that the Department relies 

heavily on use of the word ‘‘military’’ in 

the title of the category to describe the 

articles to be controlled therein, rather 

than adequately provide definitions, 

technical characteristics, or performance 

parameters to clearly define what makes 

the article ‘‘military.’’ The Department 

has, pursuant to a central tenet of the 

USML revision, endeavored to make 

USML Category XI into a ‘‘positive’’ 

listing of controlled articles. In 

instances where the reader does not 

agree, the Department welcomes 

specific recommendations for clarifying 

the controls. 

One commenting party expressed 

concern that the proposed transfer of 

articles from the ITAR to the EAR may 

lead to jurisdictional uncertainty of the 

servicing of these articles. Generally, a 

defense service entails the furnishing of 

assistance regarding a defense article. 

Items that have traversed the USML– 

CCL divide are no longer ‘‘defense 

articles,’’ but are part of the ‘‘600 series’’ 

on the CCL. Servicing these items will 

not require an authorization from the 

Department. As part of ECR, the 

Department has published a proposed 

revision of the defense services 

definition in April 2011 (see 76 FR 

20590), and again in May 2013 (see 78 

FR 31444). 

One commenting party recommended 

that articles not be covered by USML 

Category XI if the specified control 

parameters are achieved by 

international providers, for there will 

not be any critical military or 

intelligence advantage to the United 

States to provide ITAR control for these 

articles. While the determination 

whether an article provides a critical 

military or intelligence advantage and is 

exclusively available from the United 

States are important criteria for 

determining USML control, they are not 

the only ones. For example, although 

certain bombs are available from many 

countries, the Department believes these 

articles still warrant control on the 

USML. 

One commenting party recommended 

the Department control ‘‘store 

management systems not capable of 

firing weapons’’ in USML Category 

XI(a). The Department requests that the 

commenting party clarify the article 

recommended for enumeration in USML 

Category XI, and provide the rationale 

for its control. 

The Department did not accept the 

recommendation of one commenting 

party to revise paragraph (a)(1)(i)(D) to 

cover faster than real-time processing, as 

it was not the intention to control postprocessing systems. 

Several commenting parties 

recommended changes to the criteria 

listed in paragraphs (a)(1)(i)(A) through 

(D), on the basis that commercial 

articles would otherwise be covered. 

The Department notes that the criteria 

in (A) through (D) are modified by the 

criteria of paragraph (a)(1)(i). However, 

the Department has made clarifying 

edits to this paragraph. 

The Department accepted the 

recommendation of two commenting 

parties to add the term ‘‘systems’’ to the 

header introductions of paragraphs that 

enumerated systems for control. The 

Department agrees that doing so would 

better describe the articles controlled in 

those paragraphs. 

The Department received 

recommendations from two commenting 

parties to define the term ‘‘target,’’ as it 

is used frequently in paragraph (a)(3) of 


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the regulation. The Department believes 

a definition for this term is unnecessary, 

as the focus of the controls is the 

capabilities of the described articles 

rather than the character of targets 

against which the capabilities are 

applied. 

In response to one commenting 

party’s recommendation, the 

Department clarifies that the meaning of 

the word ‘‘type’’ in the paragraph 

controlling radar employing noncooperative target recognition is that 

provided in 14 CFR 1.1. 

One commenting party recommended 

equipment not designed to meet 

TEMPEST standards, but subsequently 

tested and certified to meet the 

standard, not be controlled on the 

USML. The Department does not believe 

that an entity can design, rate, certify, or 

otherwise specify or describe equipment 

to be in compliance with U.S. 

Government TEMPEST requirements 

without the help of the designer or 

manufacturer. 

In response to recommendations and 

concerns of commenting parties, the 

Department has revised paragraph (a)(7) 

so that it does not apply to equipment 

or systems in production, to remove the 

word ‘‘devices,’’ to allow for other 

funding authorizations besides 

‘‘contract,’’ and to provide a future 

effective date. The Department notes 

that the paragraph is meant to control 

articles not yet in existence, but 

provides limitations to the scope of the 

control. While it appreciates that such a 

control is not ‘‘positive’’ in aspect, the 

Department believes it is good 

regulatory practice to control as a 

defense article the fruits of a 

Department of Defense-private industry 

arrangement the stated purpose of 

which is to create a defense article. 

In response to recommendations and 

concerns of commenting parties, the 

Department has revised paragraph (b) to 

remove ‘‘security purposes’’ as a reason 

for control, remove as an example 

systems or equipment that use burst 

techniques because these articles are 

covered in paragraph (a)(5)(v), and more 

clearly identify the enumerated articles 

as examples of articles controlled 

therein. 

Two commenting parties requested 

clarification of how the articles 

controlled in paragraph (c) relate to 

articles enumerated in paragraph (a). 

The intent of paragraph (c) is to control 

the enumerated parts, components, 

accessories, attachments, and associated 

equipment regardless of whether they 

relate to articles enumerated in 

paragraph (a) or any other paragraph in 

USML Category XI, or to items on the 

CCL. 

One commenting party recommended 

the inclusion of the phrase, ‘‘except for 

such items as are in normal commercial 

use,’’ in paragraph (c). The Department’s 

intent is to not list any articles in that 

paragraph that have commercial 

application, and requests specific 

identification of such articles that 

would be captured, but does not believe 

use of the phrase would be helpful. 

In response to recommendations and 

concerns of commenting parties, the 

Department has revised the controls for 

printed circuit boards and patterned 

multichip modules, providing each with 

a separate subparagraph, and notes that 

jurisdiction of a printed circuit board or 

patterned multichip module should 

follow the jurisdiction of the article for 

which it is designed, as opposed to the 

jurisdiction of the overall system into 

which it is incorporated. 

As it has proposed for other USML 

categories, and for the first proposed 

revision of USML Category XI, the 

Department is to add a new ‘‘(x) 

paragraph’’ to this category, allowing 

ITAR licensing for commodities, 

software, and technical data subject to 

the EAR provided those commodities, 

software, and technical data are to be 

used in or with defense articles 

controlled in USML Category XI and are 

described in the purchase 

documentation submitted with the 

application. 

Additional Changes 

A proposed definition for the term 

‘‘equipment’’ was included in the first 

USML Category XI proposed rule. That 

definition will be included in a future 

final rule. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

The Department of State is of the 

opinion that controlling the import and 

export of defense articles and services is 

a foreign affairs function of the United 

States Government and that rules 

implementing this function are exempt 

from sections 553 (rulemaking) and 554 

(adjudications) of the Administrative 

Procedure Act (APA). Although the 

Department is of the opinion that this 

rule is exempt from the rulemaking 

provisions of the APA, the Department 

is publishing this rule with a 45-day 

provision for public comment and 

without prejudice to its determination 

that controlling the import and export of 

defense services is a foreign affairs 

function. As noted above, and also 

without prejudice to the Department 

position that this rulemaking is not 

subject to the APA, the Department 

previously published a related Advance 

Notice of Proposed Rulemaking (RIN 

1400–AD25) and accepted comments for 

60 days. 

Regulatory Flexibility Act 

Since the Department is of the 

opinion that this proposed rule is 

exempt from the provisions of 5 U.S.C. 

553, there is no requirement for an 

analysis under the Regulatory 

Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This proposed 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 were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

For purposes of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (the ‘‘Act’’), a ‘‘major’’ rule is a 

rule that the Administrator of the OMB 

Office of Information and Regulatory 

Affairs finds has resulted or is likely to 

result in (1) an annual effect on the 

economy of $100,000,000 or more; (2) a 

major increase in costs or prices for 

consumers, individual industries, 

Federal, State, or local government 

agencies, or geographic regions; or (3) 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

foreign markets. 

The Department does not believe this 

rulemaking will have an annual effect 

on the economy of $100,000,000 or 

more. Articles that are being removed 

from coverage in the U.S. Munitions List 

categories contained in this rule will 

still require licensing for export, but 

from the Department of Commerce. 

While the licensing regime of the 

Department of Commerce is more 

flexible than that of the Department of 

State, it is not expected that the change 

in jurisdiction of these articles will 

result in an export difference of 

$100,000,000 or more. 

The Department also does not believe 

that this rulemaking will result in a 

major increase in costs or prices for 

consumers, individual industries, 

federal, state, or local government 

agencies, or geographic regions, or have 

significant adverse effects on 

competition, employment, investment, 


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productivity, innovation, or on the 

ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

foreign markets. 

Executive Orders 12372 and 13132 

This proposed rulemaking will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this proposed 

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 proposed 

rulemaking. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess 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). 

These executive orders stress the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. These rules have been 

designated ‘‘significant regulatory 

actions,’’ although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

this proposed rule has been reviewed by 

the Office of Management and Budget 

(OMB). 

Executive Order 12988 

The Department of State has reviewed 

this proposed 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 proposed 

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 

provisions of Executive Order 13175 do 

not apply to this proposed rulemaking. 

Paperwork Reduction Act 

Following is a listing of approved 

collections that will be affected by 

revision, pursuant to the President’s 

Export Control Reform (ECR) initiative, 

of the U.S. Munitions List (USML) and 

the Commerce Control List. The list of 

collections and the description of the 

manner in which they will be affected 

pertains to revision of the USML in its 

entirety, not only to the category 

published in this rule: 

(1) Statement of Registration, DS– 

2032, OMB No. 1405–0002. The 

Department estimates that between 

3,000 and 5,000 of the currentlyregistered persons will not need to 

maintain registration following full 

revision of the USML. This would result 

in a burden reduction of between 6,000 

and 10,000 hours annually, based on a 

revised time burden of two hours to 

complete a Statement of Registration. 

(2) Application/License for Permanent 

Export of Unclassified Defense Articles 

and Related Unclassified Technical 

Data, DSP–5, OMB No. 1405–0003. The 

Department estimates that there will be 

35,000 fewer DSP–5 submissions 

annually following full revision of the 

USML. This would result in a burden 

reduction of 35,000 hours annually. In 

addition, the DSP–5 will allow 

respondents to select USML Category 

XIX, a newly-established category, as a 

description of articles to be exported. 

(3) Application/License for 

Temporary Import of Unclassified 

Defense Articles, DSP–61, OMB No. 

1405–0013. The Department estimates 

that there will be 200 fewer DSP–61 

submissions annually following full 

revision of the USML. This would result 

in a burden reduction of 100 hours 

annually. In addition, the DSP–61 will 

allow respondents to select USML 

Category XIX, a newly-established 

category, as a description of articles to 

be temporarily imported. 

(4) Application/License for 

Temporary Export of Unclassified 

Defense Articles, DSP–73, OMB No. 

1405–0023. The Department estimates 

that there will be 800 fewer DSP–73 

submissions annually following full 

revision of the USML. This would result 

in a burden reduction of 800 hours 

annually. In addition, the DSP–73 will 

allow respondents to select USML 

Category XIX, a newly-established 

category, as a description of articles to 

be temporarily exported. 

(5) Application for Amendment to 

License for Export or Import of 

Classified or Unclassified Defense 

Articles and Related Technical Data, 

DSP–6, –62, –74, –119, OMB No. 1405– 

0092. The Department estimates that 

there will be 2,000 fewer amendment 

submissions annually following full 

revision of the USML. This would result 

in a burden reduction of 1,000 hours 

annually. In addition, the amendment 

forms will allow respondents to select 

USML Category XIX, a newlyestablished category, as a description of 

the articles that are the subject of the 

amendment request. 

(6) Request for Approval of 

Manufacturing License Agreements, 

Technical Assistance Agreements, and 

Other Agreements, DSP–5, OMB No. 

1405–0093. The Department estimates 

that there will be 1,000 fewer agreement 

submissions annually following full 

revision of the USML. This would result 

in a burden reduction of 2,000 hours 

annually. In addition, the DSP–5, the 

form used for the purposes of 

electronically submitting agreements, 

will allow respondents to select USML 

Category XIX, a newly-established 

category, as a description of articles to 

be exported. 

(7) Maintenance of Records by 

Registrants, OMB No. 1405–0111. The 

requirement to actively maintain 

records pursuant to provisions of the 

International Traffic in Arms 

Regulations (ITAR) will decline 

commensurate with the drop in the 

number of persons who will be required 

to register with the Department 

pursuant to the ITAR. As stated above, 

the Department estimates that between 

3,000 and 5,000 of the currentlyregistered persons will not need to 

maintain registration following full 

revision of the USML. This would result 

in a burden reduction of between 60,000 

and 100,000 hours annually. However, 

the ITAR does provide for the 

maintenance of records for a period of 

five years. Therefore, persons newly 

relieved of the requirement to register 

with the Department may still be 

required to maintain records. 

(8) Export Declaration of Defense 

Technical Data or Services, DS–4071, 

OMB No. 1405–0157. The Department 

estimates that there will be 2,000 fewer 

declaration submissions annually 

following full revision of the USML. 

This would result in a burden reduction 

of 1,000 hours annually. 

List of Subjects 

22 CFR 121 

Arms and munitions, Classified 

information, Exports. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, part 121, is proposed to be amended 

as follows: 


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PART 121—THE UNITED STATES 

MUNITIONS LIST 

■ 1. The authority citation for part 121 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); 22 U.S.C. 2651a; Pub. L. 105–261, 112 

Stat. 1920; Section 1261, Pub. L. 112–239; 

E.O. 13637, 78 FR 16129. 

■ 2. Section 121.1 is amended by 

revising U.S. Munitions List Category XI 

to read as follows: 

§ 121.1 General. The United States 

Munitions List. 

* * * * * 

Category XI—Military Electronics 

(a) Electronic equipment and systems 

not included in Category XII of the U.S. 

Munitions List, as follows: 

* (1) Underwater hardware, 

equipment, or systems, as follows: 

(i) Active or passive acoustic array 

sensing systems or acoustic array 

equipment capable of real-time 

processing that survey or detect, and 

also track, localize (i.e., determine range 

and bearing), classify, or identify surface 

vessels, submarines, other undersea 

vehicles, torpedoes, or mines, having 

any of the following: 

(A) Multi-static capability; 

(B) Operating frequency less than 20 

kHz; or 

(C) Operating bandwidth greater than 

10 kHz; 

(ii) Underwater single acoustic sensor 

system that distinguishes tonals and 

locates the origin of the sound; 

(iii) Non-acoustic systems that survey 

or detect, and also track, localize, 

classify, or identify surface vessels, 

submarines, other undersea vehicles, 

torpedoes, or mines; 

Note to paragraph (a)(1)(iii): Equipment 

controlled in ECCN 5A001.b.1 is not 

included. 

(iv) Acoustic modems, networks, and 

communications equipment with realtime adaptive compensation or 

employing Low Probability of Intercept 

(LPI); 

Note to paragraph (a)(1)(iv): Adaptive 

compensation is the capability of an 

underwater modem to assess the water 

conditions to select the best algorithm to 

receive and transmit data. 

(v) Low Frequency/Very Low 

Frequency (LF/VLF) electronic modems, 

routers, interfaces, and communications 

equipment specially designed for 

submarine communications; or 

(vi) Autonomous systems and 

equipment that enable cooperative 

sensing and engagement by fixed 

(bottom mounted/seabed) or mobile 

Autonomous Underwater Vehicles 

(AUVs); 

* (2) Underwater acoustic 

countermeasures or countercountermeasures systems or equipment; 

* (3) Radar systems and equipment, as 

follows: 

(i) Airborne radar that maintains 

positional state of an object of interest 

in a received radar signal through time; 

(ii) Synthetic Aperture Radar (SAR) 

incorporating image resolution less than 

(better than) 0.3 m, or incorporating 

Coherent Change Detection (CCD) with 

geo-registration accuracy less than 

(better than) 0.3 m, not including 

concealed object detection equipment 

operating in the frequency range from 

30 GHz to 3,000 GHz and having a 

spatial resolution of 0.5 milliradians up 

to and including 1 milliradians at a 

standoff distance of 100 m; 

(iii) Inverse Synthetic Aperture Radar 

(ISAR); 

(iv) Radar that geodetically-locates 

(i.e., geodetic latitude, geodetic 

longitude, and geodetic height) with a 

target location error 50 (TLE50) less 

than or equal to 10 m at ranges greater 

than 1 km; 

(v) Any ocean surface surveillance 

radar with either a product of transmit 

peak power times antenna gain divided 

by minimum detectable signal of >165 

dB for a receiver bandwidth greater than 

10 MHz or >195dB for a receiver 

bandwidth less than 10 MHz, or a 

capability to distinguish a target of <10 

dBsm from sea clutter with a false alarm 

rate of 10¥6 or better in sea state 3 or 

higher, or both; 

(vi) Sea surveillance/navigation radar 

with free space detection of 1 square 

meter radar cross section (RCS) target at 

20 nautical miles (nmi) or greater range; 

(vii) Air surveillance radar with free 

space detection of 1 square meter RCS 

target at 85 nmi or greater range, scaled 

to RCS values as RCS to the 1⁄4 power; 

(viii) Air surveillance radar with free 

space detection of 1 square meter RCS 

target at an altitude of 65,000 feet and 

an elevation angle greater than 20 

degrees (i.e., counter-battery); 

(ix) Air surveillance radar with 

multiple elevation beams, phase or 

amplitude monopulse estimation, or 3D 

height-finding; 

(x) Air surveillance radar with a beam 

solid angle less than or equal to 16 

degrees2 that performs free space 

tracking of 1 square meter RCS target at 

a range greater or equal to 25 nmi with 

revisit rate greater or equal to 1⁄3 Hz; 

(xi) Instrumentation radar for 

anechoic test facility or outdoor range 

that maintains positional state of an 

object of interest in a received radar 

signal through time or provides 

measurement of RCS of a static target 

less than or equal to ¥minus 10dBsm, 

or RCS of a dynamic target; 

(xii) Radar incorporating pulsed 

operation with electronics steering of 

transmit beam in elevation and azimuth; 

(xiii) Radar with mode(s) for ballistic 

tracking or ballistic extrapolation to 

source of launch or impact point of 

articles controlled in USML Categories 

III or IV; 

(xiv) Active protection radar and 

missile warning radar with mode(s) 

implemented for detection of incoming 

munitions; 

(xv) Over the horizon high frequency 

sky-wave (ionosphere) radar; 

(xvi) Radar that detects a moving 

object through a physical obstruction at 

distance greater than 0.2 m from the 

obstruction; 

(xvii) Radar having moving target 

indicator (MTI) or pulse-Doppler 

processing where any single Doppler 

filter provides a normalized clutter 

attenuation of greater than 50dB; 

Note to paragraph (a)(3)(xvii): 

‘‘Normalized clutter attenuation’’ is defined 

as the reduction in the power level of 

received distributed clutter when normalized 

to the thermal noise level. 

(xviii) Radar having electronic 

protection (EP) or electronic countercountermeasures (ECCM) other than 

manual gain control, automatic gain 

control, radio frequency selection, 

constant false alarm rate, and pulse 

repetition interval jitter; 

(xix) Radar employing electronic 

attack (EA) mode(s) using the radar 

transmitter and antenna; 

(xx) Radar employing electronic 

support (ES) mode(s) (i.e., the ability to 

use a radar system for ES purposes in 

one or more of the following: as a highgain receiver, as a wide-bandwidth 

receiver, as a multi-beam receiver, or as 

part of a multi-point system); 

(xxi) Radar employing noncooperative target recognition (NCTR) 

(i.e., the ability to recognize a specific 

platform type without cooperative 

action of the target platform); 

(xxii) Radar employing automatic 

target recognition (ATR) (i.e., 

recognition of target using structural 

features (e.g., tank versus car) of the 

target with system resolution better than 

(less than) 0.3 m; 

(xxiii) Radar that sends interceptor 

guidance commands or provides 

illumination keyed to an interceptor 

seeker; 

(xxiv) Radar employing waveform 

generation for LPI other than frequency 

modulated continuous wave (FMCW) 

with linear ramp modulation; 

(xxv) Radar that sends and receives 

communications; 


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(xxvi) Radar that tracks or 

discriminates ballistic missile warhead 

from debris or countermeasures; 

(xxvii) Bi-static/multi-static radar that 

exploits greater than 125 kHz 

bandwidth and is lower than 2 GHz 

center frequency to passively detect or 

track using radio frequency (RF) 

transmissions (e.g., commercial radio or 

television stations); 

(xxviii) Radar target generators, 

projectors, or simulators specially 

designed for radars controlled by this 

category; or 

(xxix) Radar and laser radar systems 

specially designed for defense articles in 

paragraph (a)(1) of USML Category IV or 

paragraphs (a)(5), (a)(6), or (a)(13) of 

USML Category VIII (MT if specially 

designed for rockets, space launch 

vehicles, missiles, drones, or unmanned 

aerial vehicles capable of delivering a 

payload of at least 500 kg to a range of 

at least 300 km); 

Note 1 to paragraph (a)(3)(xxix): Laser 

radar systems embody specialized 

transmission, scanning, receiving, and signal 

processing techniques for utilization of lasers 

for echo ranging, direction finding, and 

discrimination of targets by location, radial 

speed, and body reflection characteristics. 

Note 2 to paragraph (a)(3)(xxix): ‘‘Range’’ 

is the maximum distance that the specified 

rocket system is capable of traveling in the 

mode of stable flight as measured by the 

projection of its trajectory over the surface of 

the Earth. The maximum capability based on 

the design characteristics of the system, 

when fully loaded with fuel or propellant, 

will be taken into consideration in 

determining range. The range for rocket 

systems will be determined independently of 

any external factors such as operational 

restrictions, limitations imposed by 

telemetry, data links, or other external 

constraints. For rocket systems, the range 

will be determined using the trajectory that 

maximizes range, assuming International 

Civil Aviation Organization (ICAO) standard 

atmosphere with zero wind. ‘‘Payload’’ is the 

total mass that can be carried or delivered by 

the specified rocket, SLV, or missile that is 

not used to maintain flight. 

Note to paragraph (a)(3): This category 

does not control: (1) Systems or equipment 

that require aircraft transponders in order to 

meet control parameters; (2) precision 

approach radar (PAR) equipment conforming 

to ICAO standards and employing 

electronically steerable linear (1- 

dimensional) arrays or mechanically 

positioned passive antennae; and (3) Radio 

Altimeter equipment conforming to FAA 

TSO C87. 

* (4) Electronic Combat (i.e., Electronic 

Warfare) systems and equipment, as follows: 

(i) ES systems and equipment that search 

for, intercept and identify, or locate sources 

of intentional or unintentional 

electromagnetic energy specially designed to 

provide immediate threat detection, 

recognition, targeting, planning, or conduct 

of future operations; 

Note to paragraph (a)(4)(i): ES provides 

tactical situational awareness, automatic 

cueing, targeting, electronic order of battle 

planning, electronic intelligence (ELINT), 

communication intelligence (COMINT), or 

signals intelligence (SIGINT). 

(ii) Systems and equipment that detect and 

automatically discriminate acoustic energy 

emanating from weapons fire (e.g., gunfire, 

artillery, rocket propelled grenades, or other 

projectiles), determining location or direction 

of weapons fire in less than two seconds from 

receipt of event signal, and able to operate 

on-the-move (e.g., operating on personnel, 

land vehicles, sea vessels, or aircraft while in 

motion); or 

(iii) Systems and equipment specially 

designed to introduce extraneous or 

erroneous signals into radar, infrared based 

seekers, electro-optic based seekers, radio 

communication receivers, navigation 

receivers, or that otherwise hinder the 

reception, operation, or effectiveness of 

adversary electronics (e.g., active or passive 

electronic attack, electronic countermeasure, 

electronic counter-countermeasure 

equipment, jamming, and counter jamming 

equipment); 

Note to paragraph (a)(4)(iii): This 

paragraph does not control mobile 

telecommunications jamming equipment 

determined to be subject to the EAR via a 

commodity jurisdiction determination (see 

§ 120.4 of this subchapter). 

* (5) Command, control, and 

communications (C3); command, control, 

communications, and computers (C4); 

command, control, communications, 

computers, intelligence, surveillance, and 

reconnaissance (C4ISR); and identification 

systems or equipment, that: 

(i) Are specially designed to integrate, 

incorporate, network, or employ defense 

articles controlled in this subchapter; 

(ii) Incorporate U.S. Government 

identification friend or foe (IFF) Modes 4 or 

5; 

(iii) Implement active or passive ECCM 

used to counter acts of communication 

disruption (e.g., radios that incorporate 

HAVE QUICK I/II, SINCGARS, SATURN); 

(iv) Specially designed, rated, certified, or 

otherwise specified or described to be in 

compliance with U.S. Government 

NSTISSAM TEMPEST 1–92 standards or 

CNSSAM TEMPEST 01–02, to implement 

techniques to suppress compromising 

emanations of information bearing signals; or 

(v) Transmit voice or data signals specially 

designed to elude electromagnetic detection; 

(6) [Reserved] 

(7) Developmental electronic equipment or 

systems funded by the Department of Defense 

via contract or other funding authorization; 

Note 1 to paragraph (a)(7): This paragraph 

does not control developmental electronic 

systems or equipment (a) in production, (b) 

determined to be subject to the EAR via a 

commodity jurisdiction determination (see 

§ 120.4 of this subchapter), or (c) identified 

in the relevant Department of Defense 

contract or other funding authorization as 

being developed for both civil and military 

applications. 

Note 2 to paragraph (a)(7): Note 1 does not 

apply to defense articles enumerated on the 

USML, whether in production or 

development. 

Note 3 to paragraph (a)(7): This paragraph 

is applicable only to those contracts and 

funding authorizations that are dated one 

year or later following the publication of 

[insert name of final rule incorporating 

revision of USML Category XI]. 

(8) Unattended ground sensor (UGS) 

systems or equipment having all of the 

following: 

(i) Automatic target detection; 

(ii) Automatic target tracking, 

classification, recognition, or 

identification; 

(iii) Self-forming or self-healing 

networks; and 

(iv) Self-localization for geo-locating 

targets; 

(9) Electronic sensor systems or 

equipment for non-acoustic antisubmarine warfare (ASW) or mine 

warfare (e.g., magnetic anomaly 

detectors (MAD), electric-field, and 

electromagnetic induction); 

(10) Electronic sensor systems or 

equipment for detection of concealed 

weapons, having a standoff detection 

range of greater than 45 m for personnel 

or detection of vehicle-carried weapons; 

(11) Test sets specially designed for 

testing counter radio controlled 

improvised explosive device (C–RCIED) 

electronic warfare (CREW) systems; or 

(12) Direction finding equipment for 

determining bearings to specific 

electromagnetic sources or terrain 

characteristics specially designed for 

defense articles in paragraph (a)(1) of 

USML Category IV or paragraphs (a)(5), 

(a)(6), or (a)(13) of USML Category VIII 

(MT if specially designed for rockets, 

SLVs, missiles, drones, or UAVs capable 

of delivering a payload of at least 500 

kg to a range of at least 300 km. See note 

2 to paragraph (a)(3)(xxix) of this 

category). 

Note 1 to paragraph (a): The term ‘‘Low 

Probability of Intercept’’ used in this 

paragraph and elsewhere in this category is 

defined as a class of measures that disguise, 

delay, or prevent the interception of acoustic 

or electromagnetic signals. LPI techniques 

can involve permutations of power 

management, energy management, frequency 

variability, out-of-receiver-frequency band, 

low-side lobe antenna, complex waveforms, 

and complex scanning. LPI is also referred to 

as Low Probability of Intercept, Low 

Probability of Detection, and Low Probability 

of Identification. 

Note 2 to paragraph (a): Paragraphs 

(a)(3)(xxix) and (a)(12) include terrain 


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contour mapping equipment, scene mapping 

and correlation (both digital and analogue) 

equipment, Doppler navigation radar 

equipment, passive interferometer 

equipment, and imaging sensor equipment 

(both active and passive). 

* (b) Electronic systems or equipment 

specially designed for intelligence purposes 

that collects, surveys, monitors, or exploits 

the electromagnetic spectrum (regardless of 

transmission medium), or for counteracting 

such activities. 

Note to paragraph (b): Examples of articles 

within the scope of this paragraph include: 

(1) Direction finding systems for noncooperative objects that have an angle of 

arrival (AOA) accuracy better than (less 

than) two degrees root mean square 

(RMS) and ‘‘specially designed’’ for 

applications other than navigation; 

(2) systems and equipment specially 

designed for measurement and signature 

intelligence (MASINT); and 

(3) technical surveillance countermeasure (TSCM) or electronic 

surveillance equipment and counter 

electronic surveillance equipment 

(including spectrum analyzers) for the 

RF/microwave spectrum having all of 

the following: 

(i) A sweep or scan speed exceeding 

250 MHz per second; 

(ii) a built-in signal analysis 

capability; 

(iii) a volume of less than 1 cubic foot; 

(iv) record time-domain or frequencydomain digital signals other than single 

trace spectral snapshots; and 

(v) display time-vs-frequency domain 

(e.g., waterfall or rising raster). 

(c) Parts, components, accessories, 

attachments, and associated equipment, 

as follows: 

(1) Application Specific Integrated 

Circuits (ASICs) and Programmable 

Logic Devices (PLD) programmed for 

defense articles in this subchapter; 

Note 1 to paragraph (c)(1): ASICs and 

PLDs programmed for 600 series items are 

controlled in ECCN 3A611.f. 

Note 2 to paragraph (c)(1): Unprogrammed 

PLDs are not controlled by this paragraph. 

(2) Printed Circuit Boards (PCBs) and 

populated circuit card assemblies for 

which the layout is specially designed 

for defense articles in this subchapter; 

Note to paragraph (c)(2): PCBs and 

populated circuit card assemblies for which 

the layout is specially designed for 600 series 

items are controlled in ECCN 3A611.g. 

(3) Multichip modules for which the 

pattern or layout is specially designed 

for defense articles in this subchapter; 

Note to paragraph (c)(3): Multichip 

modules for which the pattern or layout is 

specially designed for 600 series items are 

controlled in ECCN 3A611.h. 

(4) Transmit/receive modules or 

transmit modules that have any two 

perpendicular sides, with either length 

d (in cm) equal to or less than 15 

divided by the lowest operating 

frequency in GHz [d≤15cm*GHz/fGHz], 

that incorporate a Monolithic 

Microwave Integrated Circuit (MMIC) or 

discrete RF power transistor and a phase 

shifter or phasers; 

(5) High-energy storage capacitors 

with a repetition rate of 6 discharges or 

more per minute and full energy life 

greater than or equal to 10,000 

discharges, at greater than 0.2 Amps per 

Joule peak current, that have any of the 

following: 

(i) Volumetric energy density greater 

than or equal to 1.5 J/cc; or 

(ii) Mass energy density greater than 

or equal to 1.3 kJ/kg; 

(6) Radio frequency circulators of any 

dimension equal to or less than one 

quarter (1⁄4) wavelength of the highest 

operating frequency and isolation 

greater than 30dB; 

(7) Polarimeter that detects and 

measures polarization of radio 

frequency signals within a single pulse; 

(8) Digital radio frequency memory 

(DRFM) with RF instantaneous input 

bandwidth greater than 400 MHz, and 4 

bit or higher resolution and specially 

designed parts and components 

therefor; 

(9) Vacuum electronic devices, as 

follows: 

(i) Multiple electron beam or sheet 

electron beam devices rated for 

operation at frequencies of 16 GHz or 

above, and with a saturated power 

output greater than 10,000 W (70 dBm) 

or a maximum average power output 

greater than 3,000 W (65 dBm); or 

(ii) Cross-field amplifiers with a gain 

of 15 dB to 17 dB or a duty factor greater 

than 5%; 

(10) Antenna, and specially designed 

parts and components therefor, that: 

(i) Electronically steers both angular 

beams and nulls with four or more 

elements with faster than 50 

milliseconds beam switching; 

(ii) Form adaptive null attenuation 

greater than 35 dB with convergence 

time less than 1 second; 

(iii) Detect signals across multiple RF 

bands with matched left hand and right 

hand spiral antenna elements for 

determination of signal polarization; or 

(iv) Determine signal angle of arrival 

less than two degrees (e.g., 

interferometer antenna); 

Note to paragraph (c)(10): This category 

does not control Traffic Collision Avoidance 

Systems (TCAS) equipment conforming to 

FAA TSO C–119c. 

(11) Radomes or electromagnetic 

antenna windows that: 

(i) Incorporate radio frequency 

selective surfaces; 

(ii) Operate in multiple non-adjacent 

radar bands; 

(iii) Incorporate a structure that is 

specially designed to provide ballistic 

protection from bullets, shrapnel, or 

blast; 

(iv) Have a melting point greater than 

1,300 °C and maintain a dielectric 

constant less than 6 at temperatures 

greater than 500 ° C; 

(v) Are manufactured from ceramic 

materials with a dielectric constant less 

than 6 at any frequency from 100 MHz 

to 100 GHz (MT if usable in rockets, 

SLVs, or missiles capable of achieving a 

range greater than or equal to 300 km; 

or if usable in drones or UAVs capable 

of delivering a payload of at least 500 

kg to a range of at least 300 km. See note 

2 to paragraph (a)(3)(xxix) of this 

category); 

(vi) Maintain structural integrity at 

stagnation pressures greater than 6,000 

pounds per square foot; or 

(vii) Withstand combined thermal 

shock greater than 4.184 x 106 J/m2

accompanied by a peak overpressure of 

greater than 50 kPa (MT if usable in 

rockets, SLVs, missiles, drones, or UAVs 

capable of delivering a payload of at 

least 500 kg to a range of at least 300 km 

and usable in protecting against nuclear 

effects (e.g., Electromagnetic Pulse 

(EMP), X-rays, combined blast and 

thermal effects). See note 2 to paragraph 

(a)(3)(xxix) of this category); 

(12) Underwater sensors (acoustic 

vector sensors, hydrophones, or 

transducers) or projectors specially 

designed for systems controlled by 

paragraphs (a)(1) and (a)(2) of this 

category, having any of the following: 

(i) a transmitting frequency below 10 

kHz; 

(ii) Sound pressure level exceeding 

224 dB (reference 1 mPa at 1 m) for 

equipment with an operating frequency 

in the band from 10 kHz to 24 kHz 

inclusive; 

(iii) Sound pressure level exceeding 

235 dB (reference 1 mPa at 1 m) for 

equipment with an operating frequency 

in the band between 24 kHz and 30 kHz; 

(iv) Forming beams of less than 1° on 

any axis and having an operating 

frequency of less than 100 kHz; 

(v) Designed to operate with an 

unambiguous display range exceeding 

5,120 m; or 

(vi) Designed to withstand pressure 

during normal operation at depths 

exceeding 1,000 m and having 

transducers with any of the following: 

(A) Dynamic compensation for 

pressure; or 


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(B) Incorporating other than lead 

zirconate titanate as the transduction 

element; 

(13) Parts or components containing 

piezoelectric materials which are 

specially designed for underwater 

hardware, equipment, or systems 

controlled by paragraph (c)(11) of this 

category; 

(14) Tuners having all of the 

following: 

(i) An instantaneous bandwidth of 30 

MHz or greater; and 

(ii) A tuning speed of 300 

microseconds or less to within 10 KHz 

of desired frequency; 

(15) Electronic assemblies and 

components specially designed for 

rockets, SLVs, missiles, drones, or UAVs 

capable of achieving a range greater than 

or equal to 300 km and capable of 

operation at temperatures in excess of 

125 °C (MT) (See note 2 to paragraph 

(a)(3)(xxix) of this category); 

(16) Specially designed hybrid 

(combined analogue/digital) computers 

for modeling, simulation, or design 

integration of systems enumerated in 

paragraphs (a)(1), (d)(1), (d)(2), (h)(1), 

(h)(2), (h)(4), (h)(8), and (h)(9) of USML 

Category IV or paragraphs (a)(5), (a)(6) 

or (a)(13) of USML Category VIII (MT if 

for rockets, SLVs, missiles, drones, or 

UAVs capable of delivering a payload of 

at least 500 kg to a range of at least 300 

km or their subsystems. See note 2 to 

paragraph (a)(3)(xxix) of this category); 

(17) Parts, components, or accessories 

specially designed for an information 

assurance/information security system 

or a radio controlled in this subchapter 

that modify its published properties 

(e.g., frequency range, algorithms, 

waveforms, CODECs, or modulation/ 

demodulation schemes); or 

*(18) Any part, component, accessory, 

attachment, equipment, or system that 

(MT for those articles designated as 

such): 

(i) Is classified; 

(ii) Contains classified software 

directly related to defense articles in 

this subchapter or 600 series items 

subject to the EAR; or 

(iii) Is being developed using 

classified information (see § 120.10(a)(2) 

of this subchapter). 

‘‘Classified’’ means classified 

pursuant to Executive Order 13526, or 

predecessor order, and a security 

classification guide developed pursuant 

thereto or equivalent, or to the 

corresponding classification rules of 

another government or international 

organization. 

Note to paragraph (c)(18)(ii): Parts and 

components captured by paragraph (c)(17)(ii) 

are limited to those that store, process, or 

transmit classified software. 

(d) Technical data (see § 120.10 of this 

subchapter) and defense services (see 

§ 120.9 of this subchapter) directly 

related to the defense articles 

enumerated in paragraphs (a) through 

(c) of this category and classified 

technical data directly related to items 

controlled in CCL ECCNs 3A611, 3B611, 

3C611, and 3D611 and defense services 

using the classified technical data. (See 

§ 125.4 of this subchapter for 

exemptions.) (MT for technical data and 

defense services related to articles 

designated as such.) 

(e)–(w) [Reserved] 

(x) Commodities, software, and 

technical data subject to the EAR (see 

§ 120.42 of this subchapter) used in or 

with defense articles controlled in this 

category. 

Note to paragraph (x): Use of this 

paragraph is limited to license applications 

for defense articles controlled in this category 

where the purchase documentation includes 

commodities, software, or technical data 

subject to the EAR (see § 123.1(b) of this 

subchapter). 

* * * * * 

Rose E. Gottemoeller, 

Acting Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2013–17556 Filed 7–24–13; 8:45 am] 

BILLING CODE 4710–25–P 


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