C.F.R. » Title 22 » CHAPTER I—DEPARTMENT OF STATE › SUBCHAPTER M—INTERNATIONAL TRAFFIC IN ARMS REGULATIONS › PART 120—PURPOSE AND DEFINITIONS › Subpart A—General Information

22 C.F.R. § 120.2

Designation of defense articles and defense services

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The Arms Export Control Act (22 U.S.C. 2778(a) and 2794(7)) provides that the President shall designate the articles and services deemed to be defense articles and defense services for purposes of import or export controls. The President has delegated to the Secretary of State the authority to control the export and temporary import of defense articles and services. The items designated by the Secretary of State for purposes of export and temporary import control constitute the U.S. Munitions List (USML) specified in part 121 of this subchapter. Defense articles on the USML specified in part 121 of this subchapter that are also subject to permanent import control by the Attorney General on the U.S. Munitions Import List enumerated in 27 CFR part 447 are subject to temporary import controls administered by the Secretary of State. Designations of defense articles and defense services on the USML in part 121 of this subchapter are made by the Department of State with the concurrence of the Department of Defense. The scope of the USML shall be changed only by amendments made pursuant to section 38 of the Arms Export Control Act (22 U.S.C. 2778). For a designation or determination on whether a particular item is enumerated on the USML, see § 120.4.

Notes of Decisions
Cited in 8 cases, 1987–2018 · leading case: United States v. Hamza Kolsuz, 890 F.3d 133 (4th Cir. 2018).
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United States v. Hamza Kolsuz, 890 F.3d 133 (4th Cir. 2018). “Agents explained the licensing requirements to Kolsuz and his companions, and ultimately seized the weapons parts.”
United States v. Mark Henry, 888 F.3d 589 (2d Cir. 2018). “25 See 22 C.F.R. § 120.2 . 26 See id. § 121.1. 27 See id.”
United States v. Arif Durrani, 835 F.2d 410 (2d Cir. 1987). “§ 2778 (a)(1) (1982); 22 C.F.R. § 120.2 (1986). The government offered the testimony of Billy Boland of Redstone Arsenal and Brenda Carnahan of the State Department’s Office of Munitions Control to prove that the parts Durrani purchased were Hawk missile system parts and that…”
Ross-Hime Designs, Inc. v. United States, 109 Fed. Cl. 725 (Fed. Cl. 2013). “22 C.F.R. § 120.2 ; see id. § 121.1 (U.S.”
United States v. Elizabeth Martinez & Mario Valladares, 904 F.2d 601 (11th Cir. 1990). “” 22 C.F.R. § 120.2 . Such designations are to be “based primarily on whether an article .”
United States v. Yindeear-Rom, 217 F. Supp. 3d 348 (D.D.C. 2016). “” 22 C.F.R. § 120.2 . Defendants argued that they should have been acquitted on Counts I and II of the Indictment because the government failed to prove beyond a reasonable doubt that the products at issue were defense articles.”
United States v. Hamza Kolsuz (4th Cir. 2018). “See 22 C.F.R. §§ 120.2 , 121.1 (setting 6 out USML, and defining “defense articles and defense services” subject to control under the Act).”
United States v. Burden, 217 F. Supp. 3d 348 (D.D.C. 2016). “” 22 C.F.R. § 120.2 . Defendants argued that they should have been acquitted on Counts I and II of the Indictment because the government failed to prove beyond a reasonable doubt that the products at issue were defense articles.”
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