(a) The U.S. Munitions List. The articles, services, and related technical data designated as defense articles or defense services pursuant to sections 38 and 47(7) of the Arms Export Control Act appear in part 121 of this subchapter and constitute the U.S. Munitions List (USML). Changes in designations are published in the Federal Register. Paragraphs (b) through (d) of this section describe or explain the elements of a USML category.
(b) Composition of U.S. Munitions List categories. USML categories are organized by paragraphs and subparagraphs identified alphanumerically. They usually start by enumerating or otherwise describing end-items, followed by major systems and equipment; parts, components, accessories, and attachments; and technical data and defense services directly related to the defense articles of that USML category.
(c) Significant Military Equipment paragraphs in the USML. All items described within a USML paragraph or subordinate paragraph that is preceded by an asterisk (*) are designated Significant Military Equipment (SME). Note that technical data directly related to the manufacture or production of a defense article designated as SME is also designated as SME.
(d) Missile Technology Control Regime (MTCR) designation. Annotation with the parenthetical (MT) at the end of a USML entry indicates those defense articles that are on the MTCR Annex.
Notes of Decisions
United States v. Chi Mak, 683 F.3d 1126 (9th Cir. 2012).
· cites it 4× “” 22 C.F.R. § 120.10 (a)(1). This definition excludes any information in the “public domain,” which is defined as follows: Public domain means information which is published and which is generally accessible or available to the public: (1) Through sales at newsstands and…”
Def. Distributed v. United States Dep't of State, 838 F.3d 451 (5th Cir. 2016).
· cites it 2× “” 22 C.F.R. § 120.10 (a)(1), Notably excepted from “technical data” is information concerning general scientific, mathematical, or engineering principles commonly taught in schools, colleges, and universities, or information in the public domain.”
United States v. Smith, 945 F.3d 729 (2d Cir. 2019).
· cites it 4× “While Smith characterizes his claim as a challenge to the entire statutory and regulatory scheme, the substance of his argument is specific to two regulatory provisions: the definition of “technical data” in 22 C.F.R. § 120.10 and the definition of “export” in 22 C.”
Stagg, P.C. v. U.S. Dept. of State, 983 F.3d 589 (2d Cir. 2020).
· cites it 2× “22 C.F.R. §§ 120.10 , 120.11. Transferring such data to a foreign person 12 within the United States is considered an “export” under the ITAR, thus 13 triggering the registration and licensing requirements.”
United States v. Roth, 628 F.3d 827 (6th Cir. 2011).
· cites it 2× “22 C.F.R. §§ 120.10 , 121.1. These terms envision that research requires multiple stages before a project reaches completion, and apply export controls to all those phases.”
Karn v. U.S. Dep't of State, 925 F. Supp. 1 (D.D.C. 1996).
· cites it 3× “See Defs’ Reply 21-22 (citing 22 C.F.R. §§ 120.10 (a)(4), 10 120.11 and 121.”
Stagg P.C. v. U.S. Dep't of State, 354 F. Supp. 3d 448 (S.D. Ill. 2019).
· cites it 5× “" 22 C.F.R. § 120.10 (a)(1). The ITAR's technical data licensing requirement excludes, among other categories, "information in the public domain.”
Washington v. U.S. Dep't of State, 318 F. Supp. 3d 1247 (W.D. Wash. 2018).
· cites it 2× “1 (I)(a) and (b) ) and all technical data "required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of" such firearms ( 22 C.F.R. § 120.10 (a) ). Through the CJ process, the Department of State specifically…”
Stagg P.C. v. United States Dep't of State, 673 F. App'x 93 (2d Cir. 2016).
· cites it 2× “” 22 C.F.R. § 120.10 (a). Because Stagg (1) has elected not to identify, even to the district court, the specific content of the material it seeks to publish, see Stagg P.”
Def. Distributed v. United States Dep't of State, 121 F. Supp. 3d 680 (W.D. Tex. 2015).
“3d at 1135 (citing 22 C.F.R § 120.10(a) (the determination of designation of articles or services turns on whether an item is “specifically designed, developed, configured, adapted, or modified for a military application, and has significant military or intelligence…”
— 22 C.F.R. § 120.10(a) — 1 case
Def. Distributed v. United States Dep't of State, 121 F. Supp. 3d 680 (W.D. Tex. 2015).
“3d at 1135 (citing 22 C.F.R § 120.10(a) (the determination of designation of articles or services turns on whether an item is “specifically designed, developed, configured, adapted, or modified for a military application, and has significant military or intelligence…”
— 22 C.F.R. § 120.10(a)(1) — 1 case
United States v. Chi Mak, 683 F.3d 1126 (9th Cir. 2012).
“” 22 C.F.R. § 120.10 (a)(1). This definition excludes any information in the “public domain,” which is defined as follows: Public domain means information which is published and which is generally accessible or available to the public: (1) Through sales at newsstands and…”
— 22 C.F.R. § 120.10(a)(l) — 1 case
United States v. Chi Mak, 683 F.3d 1126 (9th Cir. 2012).
“” 22 C.F.R. § 120.10 (a)(1). This definition excludes any information in the “public domain,” which is defined as follows: Public domain means information which is published and which is generally accessible or available to the public: (1) Through sales at newsstands and…”
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