Code of Federal Regulations Title 22. Foreign Relations § 22.120.3 Policy on designating or determining defense articles and services on the U.S. Munitions List

(1) Meets the criteria of a defense article or defense service on the U.S. Munitions List;  or

(2) Provides the equivalent performance capabilities of a defense article on the U.S. Munitions List.

(1) Is determined to be under the jurisdiction of another department or agency of the U.S. Government (see § 120.5 of this subchapter) pursuant to a commodity jurisdiction determination (see § 120.4 of this subchapter) unless superseded by changes to the U.S. Munitions List or by a subsequent commodity jurisdiction determination;  or

(2) Meets one of the criteria of § 120.41(b) of this subchapter when the article is used in or with a defense article and specially designed is used as a control criteria (see § 120.41 of this subchapter).

Note to § 120.3:  The intended use of the article or service after its export (i.e., for a military or civilian purpose), by itself, is not a factor in determining whether the article or service is subject to the controls of this subchapter.