Classifying Defense Articles
Three pieces on classification under the International Traffic in Arms Regulations: the designation authority and the tests behind it, the commodity jurisdiction procedure and the regulation’s order of review, and the definitions of specially designed, form, fit and function that set the reach of the catch-all paragraphs.
Three pieces in this topic
Who decides what is a defense article
The USML is set by State with Defense concurrence and changed only by formal amendment, unlisted items wait in Category XXI, and a civil end use does not take an item off.
02Commodity jurisdiction and the order of review
A commodity jurisdiction (CJ) request on Form DS-4076 gets a preliminary answer in 10 working days, needs no registration, and gives a formal determination where an advisory opinion does not.
03Specially designed and the terms that scope the list
The SME asterisk and MTCR (MT) marker carry legal weight, and the specially designed test has an inclusion limb and five releases, two of which need records kept at the time.
Key terms in this topic
United States Munitions ListCategory XXIU.S. Munitions Import ListExport Administration RegulationsCommodity jurisdictionForm DS-4076Order of reviewAdvisory opinionSignificant Military EquipmentSpecially designedCatch-all controlEnd-item
Other topics in controlling what transfers
- Technology Transfer and Export Control 5 pieces
- End Use Monitoring 5 pieces
- Excess Defense Articles 3 pieces
- Offsets 3 pieces
- Sensitive Systems and Export Compliance 3 pieces
- Commercial Export Licenses 3 pieces
- Defense Services Agreements 3 pieces
- Licensing Exemptions 3 pieces
- Brokering Controls 3 pieces
- Violations and Penalties 4 pieces
- Registration and Reporting 2 pieces
- Assistance Program Controls 2 pieces
- Munitions List: Weapons 6 pieces
- Munitions List: Platforms 4 pieces
- Munitions List: Electronics 5 pieces
- Munitions List: Training and Protection 3 pieces
- Release Gates for Sensitive Systems 2 pieces
- Country Policy and the Treaties 5 pieces
- Licenses From Application to Revocation 5 pieces
- ITAR Definitions and Technical Data 5 pieces
- Terrorism and Missile Controls 4 pieces
- Chemical, Biological and Nuclear Sanctions 3 pieces