(a) Control. Articles are controlled on the U.S. Munitions List (USML) because they are either:
(1) Enumerated in a category; or
(2) Described in a catch-all paragraph that incorporates specially designed as a control parameter. In order to classify an item on the USML, begin with a review of the general characteristics of the item. This should guide you to the appropriate category, whereupon you should attempt to match the particular characteristics and functions of the article to a specific entry within that category.
(b) Specially designed. (1) If the entry includes the term specially designed, refer to § 120.41 to determine if the article qualifies for one or more of the exclusions articulated in § 120.41(b).
(2) An item described in multiple entries should be categorized according to an enumerated entry rather than a specially designed catch-all paragraph.
(c) Integration of controlled items. Defense articles described on the USML are controlled and remain subject to this subchapter following incorporation or integration into any item not described on the USML, unless specifically provided otherwise in this subchapter.
(d) Other controls. In all cases, articles not controlled on the USML may be subject to another U.S. Government regulatory agency (see § 120.5, and Supplement No. 4 to part 774 of the Export Administration Regulations (EAR) in title 15 of the CFR for guidance on classifying an item subject to the EAR).
Notes of Decisions
Stagg, P.C. v. U.S. Dept. of State, 983 F.3d 589 (2d Cir. 2020).
· cites it 2× “” 22 C.F.R. § 120.11 . Some of these examples 6 will involve Stagg’s “aggregation” or “modification” of public domain 7 information.”
Stagg P.C. v. U.S. Dep't of State, 354 F. Supp. 3d 448 (S.D. Ill. 2019).
· cites it 10× “] 22 C.F.R. § 120.11 (a). The parties agree generally that information available from one of these public domain sources is excluded from the ITAR's licensing requirements.”
Def. Distributed v. United States Dep't of State, 838 F.3d 451 (5th Cir. 2016).
“” 22 C.F.R. § 120.11 (a). 6 Under the ITAR it is unlawful to “export or attempt to export from the United States any defense article or technical data” without first obtaining a license or written approval from the Directorate of Defense Trade Controls.”
United States v. Chi Mak, 683 F.3d 1126 (9th Cir. 2012).
“22 C.F.R. § 120.11 (a). The AECA also satisfies Edler’s requirement that the defendant “know or have reason to know that [the exported] information is intended for the prohibited use” by requiring the government to prove willfulness.”
Bernstein v. United States Dep't of State, 945 F. Supp. 1279 (N.D. Cal. 1996).
· cites it 5× “22 C.F.R. § 120.11 (a)(l)-(6). The public domain also includes information available to the public through fundamental research at accredited institutions of higher learning: Fundamental research is defined to mean basic and applied research in science and engineering where the…”
Karn v. U.S. Dep't of State, 925 F. Supp. 1 (D.D.C. 1996).
“22 C.F.R. § 120.11 provides: (a) Public domain means information which is published and which is generally accessible or available to the public.”
Bernstein v. United States Dep't of State, 922 F. Supp. 1426 (N.D. Cal. 1996).
“Whether or not the prior restraint that may have been applied to the paper is still relevant or whether this confusion could happen again given the apparent applicability of the public domain exception to work of this kind, 22 C.F.R. § 120.11 (a)(8), is a matter the court…”
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