22 C.F.R. § 120.6

U.S. criminal statutes

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For purposes of this subchapter, the phrase U.S. criminal statutes comprises the following:

(a) Section 38 of the Arms Export Control Act (22 U.S.C. 2778);

(b) Section 1760 of the Export Control Reform Act of 2018 (50 U.S.C. 4819) or section 11 of the Export Administration Act of 1979 (50 U.S.C. 4610);

(c) Section 793, 794, or 798 of title 18, United States Code (relating to espionage involving defense or classified information) or section 2332d, 2339A, 2339B, 2339C, or 2339D of such title (relating to financial transactions with the government of a country designated as a country supporting international terrorism, providing material support to terrorists or terrorist organizations, financing of terrorism, or receiving military-type training from a foreign terrorist organization);

(d) Section 16 of the Trading with the Enemy Act (50 U.S.C. 4315);

(e) Section 206 of the International Emergency Economic Powers Act (relating to foreign assets controls; 50 U.S.C. 1705);

(f) Section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-1) or section 104 of the Foreign Corrupt Practices Act (15 U.S.C. 78dd-2 or 78dd-3);

(g) Chapter 105 of title 18, United States Code (relating to sabotage);

(h) Section 4(b) of the Internal Security Act of 1950 (relating to communication of classified information; 50 U.S.C. 783(a));

(i) Sections 57, 92, 101, 104, 222, 224, 225, or 226 of the Atomic Energy Act of 1954 (42 U.S.C. 2077, 2122, 2131, 2134, 2272, 2274, 2275, and 2276);

(j) Section 601 of the National Security Act of 1947 (relating to intelligence identities protection; 50 U.S.C. 421);

(k) Section 371 of title 18, United States Code (when it involves conspiracy to violate any of the statutes listed in this section);

(l) Sections 3, 4, 5, and 6 of the Intelligence Reform and Terrorism Prevention Act of 2004, Public Law 108-458 sections 6903-6906, relating to missile systems designed to destroy aircraft (18 U.S.C. 2332g), prohibitions governing atomic weapons (42 U.S.C. 2122), radiological dispersal services (18 U.S.C. 2332h), and variola virus (18 U.S.C. 175c);

(m) Sections 2779 and 2780 of title 22, United States Code (relating to fees of military sales agents and other payments, and transactions with countries supporting acts of international terrorism);

(n) Section 542 of title 18, United States Code (relating to the entry of goods by means of false statements), where the underlying offense involves a defense article, including technical data, or violations related to the Arms Export Control Act (AECA) or International Traffic in Arms Regulations (ITAR) in this subchapter;

(o) Section 545 of title 18, United States Code (relating to smuggling goods into the United States), where the underlying offense involves a defense article, including technical data, or violations related to the AECA or ITAR;

(p) Section 554 of title 18, United States Code (relating to smuggling goods from the United States), where the underlying offense involves a defense article, including technical data, or violations related to the AECA or ITAR; and

(q) Section 1001 of title 18, United States Code (relating to false statements or entries generally), Section 1831 of title 18, United States Code (relating to economic espionage), and Section 1832 of title 18, United States Code (relating to theft of trade secrets) where the underlying offense involves a defense article, including technical data, or violations related to the AECA or ITAR.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1996–2021 · leading case: Def. Distributed v. United States Dep't of State, 838 F.3d 451 (5th Cir. 2016).

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Def. Distributed v. United States Dep't of State, 838 F.3d 451 (5th Cir. 2016). “22 C.F.R. § 120.6 A party unsure about whether a particular item is a “defense article” covered by the Munitions List may file a “commodity jurisdiction” request with the DDTC.”

State of Washington v. U.S. Dept. of State, 996 F.3d 552 (9th Cir. 2021). · cites it 2× “22 C.F.R. §§ 120.6 , 120.10(a)(1), (4). STATE OF WASHINGTON V.”

United States v. Eugene You-Tsai Hsu, United States of Am. v. David Tzuwei Yang, 364 F.3d 192 (4th Cir. 2004). “See § 2778(b)(2); 22 C.F.R. §§ 120.6 ,121.1,123.1(a). *195 Of particular relevance here, the Munitions List includes military encryption devices, 22 C.”

Bernstein v. United States Dep't of State, 945 F. Supp. 1279 (N.D. Cal. 1996). · cites it 3× “22 C.F.R. § 120.6 . A “defense service” is any assistance rendered to a foreign person in the United States or abroad in the development or use *1284 of a defense article, 22 C.”

Clearcorrect Operating, LLC v. Int'l Trade Comm'n, 819 F.3d 1334 (Fed. Cir. 2016). · cites it 4× “” 22 C.F.R. § 120.6 . And the cited decision of the Customs Bureau was about whether software is merchandise that is statu- torily subject to import duties.”

Def. Distributed v. United States Dep't of State, 121 F. Supp. 3d 680 (W.D. Tex. 2015). “4 (describing process). The regulátions state the DDTC “will provide a preliminary response within 10 working days of receipt of a complete request for commodity jurisdiction.”

LIU v. United States (D.N.J. 2021). “17 (a)(1); see also 22 C.F.R. § 120.6 (items restricted from exportation include “technical data”).”

State of Washington v. United States Dep't of State (W.D. Wash. 2020). “22 C.F.R. § 120.6 . Category I of the Munitions List includes “Firearms, 15 Close Assault Weapons and Combat Shotguns.”

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