USML Category IX: training equipment and training

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1. Training as a defense article

Category IX of the United States Munitions List (USML) is headed "Military Training Equipment and Training" (22 CFR 121.1). It covers three things: training equipment in paragraph (a), simulators in paragraph (b), and technical data and defense services in paragraph (e). The last reaches military training that is not tied to any listed article. Instruction alone can therefore fall within the category.

The International Traffic in Arms Regulations (ITAR) define a defense service in three parts (22 CFR 120.32). One is furnishing assistance, including training, to foreign persons in the design, manufacture, repair, operation or use of defense articles. Another is furnishing controlled technical data to foreign persons. The third is military training of foreign units and forces, regular and irregular. That includes formal or informal instruction in the United States or abroad, correspondence courses, publications and media of all kinds, training aids, orientation, training exercises and military advice.

2. Training equipment

Paragraph (a) lists eleven kinds of training equipment (22 CFR 121.1). The first is targets, whether ground, surface, submersible, space or towed airborne. They are caught if they have an infrared, radar, acoustic, magnetic or thermal signature that mimics a specific defense article, other item or person. They are also caught if instrumented to give hit or miss information for listed defense articles. Target drones are controlled in Category VIII instead.

Mockups of listed articles used for maintenance training, or for disposal training for listed ordnance, are covered where they reveal technical data or contain controlled parts (22 CFR 121.1). The paragraph also lists air combat maneuvering instrumentation and its ground stations, and physiological flight trainers for fighter aircraft or attack helicopters. It adds radar trainers specially designed for Category XI radar, anti-submarine warfare trainers, missile launch trainers, radar target generators and infrared scene generators.

Paragraph (a)(6) covers training devices specially designed to be attached to a crew station, mission system or weapon of a listed article (22 CFR 121.1). A note says this includes stimulators, built-in or add-on devices that cause the actual equipment to act as a trainer. The last entry, with an asterisk, catches any training device that is classified, contains classified software tied to defense articles or 600 series items or is being developed using classified information. The asterisk designates it as Significant Military Equipment (22 CFR 120.10). A note excludes combat games without item signatures or the tactics, techniques and procedures covered by the regulations (22 CFR 121.1).

3. Simulators and simulation software

Paragraph (b)(1) covers system specific simulators that replicate the operation of an individual crew station, a mission system or a weapon of a listed end item (22 CFR 121.1). Paragraph (b)(4) covers software and databases, not listed elsewhere, that can model or simulate four things. They are the trainers in paragraph (a), battle management, military test scenarios or models, and the effects of listed weapons. Paragraph (b)(5), with an asterisk, catches classified simulators.

A note to the category deals with simulator parts (22 CFR 121.1). Parts, components, accessories and attachments of a simulator that are common to the simulated system are controlled under the same USML category or Commerce Control List entry as the parts of the simulated system. A part shared with the simulated system therefore takes that system’s classification.

Simulators and databases often combine listed and unlisted content. The software entry is limited to software and databases not listed elsewhere, and the simulator entry to systems replicating a listed end item’s crew station, mission system or weapon (22 CFR 121.1).

4. Technical data and military training

Paragraph (e)(1) controls technical data and defense services directly related to the training equipment and simulators in paragraphs (a) and (b) (22 CFR 121.1). For this purpose the regulations treat blueprints, drawings, photographs, plans, instructions and documentation needed to build, run, repair or change defense articles as technical data (22 CFR 120.33).

Paragraph (e)(3) controls military training, as defined in the third limb of the defense service definition, that is not directly related to defense articles or technical data on the list (22 CFR 121.1). That is the entry that brings instruction of foreign units and forces within the ITAR even where no listed weapon or data is involved. Paragraph (e)(2) is reserved, as are paragraphs (c), (d) and (f) to (w).

How a training requirement becomes a sales case is covered in how a training team is requested.

5. Approval before the training starts

Defense services need approval from the Directorate of Defense Trade Controls before they are furnished (22 CFR 124.1). The American person seeking approval submits a proposed agreement, generally a manufacturing license agreement, technical assistance agreement, distribution agreement or off-shore procurement agreement. The agreement may not enter into force without prior written approval. The rule applies whether or not technical data is disclosed, even where everything relied on is in the public domain. It also applies to training foreign military forces, regular and irregular, in the use of defense articles, for which technical assistance agreements must be submitted. The agreements themselves are covered in what a defense services agreement is.

Registration comes first. Any person who engages in the United States in the business of furnishing defense services must register with the Directorate. A single occasion of furnishing a defense service is enough to count as engaging in that business (22 CFR 122.1).

6. The EAR paragraph

Paragraph (x) covers commodities, software and technical data subject to the Export Administration Regulations used in or with defense articles (22 CFR 121.1). Its use is limited to license applications where the purchase documentation includes such items. Those items may go on a State Department license only if three conditions hold. The purchase documents include both kinds of item, the EAR items are for end use in or with the defense articles, and the application lists them separately (22 CFR 123.1).

Key terms

Defense service	Assistance, technical data or military training furnished to foreign persons, as defined in 22 CFR 120.32.
Military training	Formal or informal instruction of foreign units and forces, including exercises, publications and advice.
Stimulator	A built-in or add-on device that makes actual equipment act as a trainer.
System specific simulator	A simulator replicating a crew station, mission system or weapon of a listed end item.
Signature target	A target whose infrared, radar or other signature mimics a specific article or person.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Training partners abroad often need the same support as operations. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.