CATEGORY XVI-NUCLEAR WEAPONS DESIGN AND TEST EQUIPMENT 3 (a) Any article, material, equipment, or device, which is specifically designed or specifically modified for use in the design, de-. velopment, or fabrication of nuclear weapons or nuclear explosive devices. (b) Any article, material, equipment, or device, which is specifically designed or specifically modified for use in the devising, carrying out, or evaluating of nuclear weapons tests or any other nuclear explosions except such items as are in normal commercial use for other purposes. CATEGORY XVII-CLASSIFIED ARTICLES All articles including technical data, not enumerated herein, containing information which is classified as requiring protection in the interests of national defense. CATEGORY XVIII-TECHNICAL DATA Technical data relating to the articles designated in this subchapter as arms, ammunition, and implements of war (see § 125.01 for definition and § 125.30 for exemptions See also § 123.66). CATEGORY XIX-MISCELLANEOUS ARTICLES Any article not enumerated herein having significant military applicability, determined by the Director, Office of Munitions Control, Department of State, in consultation with appropriate agencies of the Government and having the concurrence of the Department of Defense. DEFINITIONS AND INTERPRETATIONS § 121.02 Substantial transformation. As used in § 123.03 (c), the term "substantially transformed" shall refer to the realteration of firearms abroad to accomplish the following changes: (a) As applied to rifles and carbines, the changes must have included at least either (1) rechambering for a higher caliber cartridge or (2) installation of a new action. (b) As applied to pistols and revolvers, the changes must have included at least either (1) rechambering or (2) modification of the cylinder for the accommodation of a higher caliber cartridge. (c) Other changes, such as rebarreling, modification of stocks, or grips, rebluing, or replacing of sights, singly or together, are not sufficient to so substantially transform the weapons as to become, in effect, articles of foreign manufacture. 3 See 123.66. See also Department of Commerce Export Regulations, 15 CFR 373.7. Rifles, carbines, revolvers, and pistols, to caliber .50 inclusive, are included under Category I(a). Machineguns, submachineguns, machine pistols, and fully automatic rifles to caliber .50 inclusive are included under Category I(b). (a) As used in this subchapter, the term "firearm" denotes a weapon not over .50 caliber discharging bullets by an explosive force. (b) A "rifle" is a shoulder firearm discharging bullets through a rifled barrel at least 16 inches in length, including combination and drilling guns. is (c) A "carbine" a lightweight shoulder firearm with a short barrel, under 16 inches in length. (d) A "pistol" is a firearm designed to be fired using one hand only, and having a chamber integral with, or permanently aligned with, the bore. (e) A "revolver" is a hand-operated firearm with a revolving cylinder containing chambers for individual cartridges. (f) A "machinegun", "machine pistol", or "submachinegun" is a firearm originally designed to fire, or capable of being fired fully automatically by a single pull of the trigger. § 121.04 Cartridge and shell casings. Cartridge and shell casings are included under Category III of the U.S. Munitions List unless, prior to their exportation or importation, they have been rendered useless beyond the possibility of restoration for use for the purpose originally produced by means of excessive heating, flame treatment, mangling, crushing, cutting, or popping. § 121.05 Military demolition blocks and blasting caps. The term "military demolition blocks and blasting caps" does not include the following articles: (1) Electric squibs. (2) No. 6 and No. 8 blasting caps, including electric. (3) Delay electric blasting caps (including No. 6 and No. 8 millisecond). (4) Seismograph electric blasting caps (including SSS, Static-Master, Vibrocap SR, and SEISMO SR). § 121.06 Apparatus and devices under Category IV (b). Category IV (b) includes inter alia the following: Fuzes and components thereof, bomb racks and shackles, bomb shackle releases units, bomb ejectors, torpedo tubes, torpedo and guided-missile boosters, guidance system materials (except those having a commercial application), launching racks and projectors, pistols (exploders), igniters, fuzearming devices intervalometers, and components therefor, guided-missile launchers and specialized handling equipment, and hardened-missile launching facilities. § 121.07 Amphibious vehicles. As used in Category VII (d), the term "amphibious vehicles" includes, but is not limited to, automotive vehicles or chassis embodying all-wheel drive and equipped to meet special military requirements, with adaptation features for deep-water fording and sealed electrical systems. § 121.08 Chemical agents. (See Category XIV (a).) A chemical agent is a substance useful in war which, by its ordinary and direct chemical action, produces a powerful physiological effect. The term "chemical agents" includes but is not limited to the following chemical compounds: (a) B Chlorvinyldichlorarsine (Lewisite, L). (b) Bisdichlorethyl sulphide (Mustard gas, HD or H). (c) Ethyldichlorarsine (ED). (d) Dichlorodimethyl ether (CiCi). (f) Phenylcarbylamine chloride. (g) Tear gas solutions (CNB and CNS). (h) Tear gas orthochlorobenzalmalononitrile (CS). 4. Sternutators and irritant smokes: (a) Diphenylaminechloroarsine (Adamsite, DM). The term "propellants" includes but is not limited to the following: (1) Propellant powders including smokeless shotgun powder. (2) Hydrazine (including Monomethyl hydrazine and symmetrical dimethyl hydrazine). (3) Unsymmetrical dimethylhydrazine. (4) Hydrogen peroxide over 85 percent concentration. (5) Nitroguanadine or picrite. (6) Nitrocellulose with nitrogen content of over 12.20 percent. Other solid propellant compositions, including but not limited to the following: (1) Single base (nitrocellulose). (2) Double base (nitrocellulose, nitroglycerin). (4) Composite (nitroglycerin; ammonium perchlorate; potassium perchlorate; nitronium perchlorate; guanidine (guanidinium) perchlorate; nitrogen tetroxide; ammonium nitrate; nitrocellulose with plastics, metal fuels, or rubbers added; and compounds composed only of fluorine and of one or more of the following other halogens, oxygen, or nitrogen.) (5) Special purpose chemical base high energy solid military fuels. Other liquid propellant compositions, including but not limited to the following: (1) Monopropellants (hydrazine, hydrazine nitrate, and water). Minesweepers (DMS, MSC, MSC(O), MSF, MSO, MSI, MSB, MSA, YMS, MSL, Ub/MS). (6) Patrol vessels: Escort vessels (DE, DER, PCS, PCER, PF, DEG). Gunboats (PCM, PR). Submarine chasers (PC, PCS, SC). (b) Auxiliary vessels and service craft: (5) Distilling ship (AW). (6) Drone aircraft catapult control craft (YV). (7) Floating dry docks, cranes, and associated workships and lighters (AFDB, AFDL, AFDM, ARD, YD, YFD, YFMD, YR, YRDH, YRDM, YHL, YSD). (8) Floating pile driver (YPD). (12) Logistic support ships (AE, AF, AK, AKS, AO, ACE, AOG, AOR, AO(SS), AVS). (13) Miscellaneous auxiliary (AG, IX, YAG). (14) Miscellaneous AKL, AKV, AVT). cargo ships (AKD, (15) Naval barges and lighters (YC, YCF, YCK, YCV, YF, YFB, YFN, YFNS, YFNX, YFP, YFR, YFRN, YFRT, YFT, YG, YGN, YO, YOG, YOGN, YON, YOS, YSR, YTT, YW, YWN). (16) Net laying and tending ships (AKN, AN, YNG). (17) Oceanographic (AGOR). research (18) Patrol craft (PT, YP). ship (19) Repair, salvage, and rescue vessels (AR, ARB, ARG, ARL, ARS, ARSD, ARV, ARVA, ARVE, ASR). (20) Survey ships (AGS, AGSC). (21) Target and training submarine (SST). (22) Tenders (AD, AGP, ARST, AS, AV, AVP, YDT). (23) Transports and barracks vessels (AP, APB, APC, APL, YHB, YRB, YRBM). (24) Tugs (ATA, ATF, ATR, YTB, YTL, YTM). (10) Cable layer (WARC). (11) Lightship (WAL). (12) Coast Guard tugs (WAT, WXT). (15) Auxiliary vessels (WAG, WAGE). (16) Other Coast Guard patrol or rescue craft (i) of over 300 horsepower when equipped with a gas turbine engine or engines, and (ii) of over 600 horsepower when equipped with an engine or engines of the internal combustion, reciprocating type. (d) Air Force craft: Air Force rescue boat. (e) Army vessels and craft: (1) Transportation Corps tug: 100 ft. (LT), 65 ft. (ST), T-boat, Q-boat, J-boat, E-boat. (2) Barges (BG, BC, BR, BSP, BSPI, BKI, BCF, BBL, BARC, BK). (3) Cranes, floating (BD). (4) Drydock, floating (FDL). (5) Repair ship, floating (FMS). (6) Trainer, amphibious 20-ton wheeled tow boat, inland waterway (LTI, STI). § 121.13 Aircraft and related articles. (a) The term "aircraft" used in Category VIII of the U.S. Munitions List means aircraft designed, modified, or equipped for military or experimental purpose as specified in Category VIII, including so-called "demilitarized" aircraft. The exportation and importation of such aircraft are subject to the licensing requirements of the Department of State. (b) Regardless of "demilitarization," all aircraft bearing an original military designation (including those with cargo or "C" designators such as the C-45, C-46, C-47, and C-54) are included in Category VIII of the U.S. Munitions List. § 121.14 Helium gas. The word "helium” shall be understood to mean "contained helium" at standard atmospheric pressure (14.7 pounds per square inch) and 70° Fahrenheit. The term "contained helium" means the actual quantity of the element helium (i.e., 100 percent pure helium) in terms of cubic feet present in a mixture of helium and other gases. Purity determination shall be made by usually recognized methods. § 121.15 Forgings, castings, and machined bodies. Items in a partially completed state, such as forgings, castings, extrusions, and machined bodies of any of the articles enumerated in the U.S. Munitions List which have reached a stage in manufacture where they are clearly identifiable as arms, ammunition, and implements of war are considered to be such articles for the purposes of section 414 of the Mutual Security Act, as amended. § 121.16 "United States." For purposes of this subchapter the term "United States," when used in the geographical sense, includes the several States, the insular possessions of the United States, the Canal Zone, the District of Columbia, and any territory over which the United States exercises all and any powers of administration, legislation, and jurisdiction. Sec. 122.01 122.02 122.03 122.04 122.05 PART 122-REGISTRATION Registration requirements. Notification of changes in informa- AUTHORITY: The provisions of this Part 122 issued under sec. 414, as amended, 68 Stat. 848; 22 U.S.C. 1934; secs. 101 and 105, E.O. 10973, 26 F.R. 10469; sec. 6, Departmental Delegation of Authority No. 104, 26 F.R. 10608, as amended, 27 F.R. 9925, 28 F.R. 7231; and Redelegation of Authority No. 104-3-A, 28 F.R. 7231. SOURCE: The provisions of this Part 122 contained in Departmental Regulation 108.520, 30 F.R. 9037, July 17, 1965, unless otherwise noted. § 122.01 Registration requirements. (a) Persons engaged in the business, in the United States, of manufacturing, exporting, or importing articles enumerated in the U.S. Munitions List are required to register with the Secretary of State. Manufacturers, whether or not they engage in export or import, are required by law to register. (b) The fabrication of arms, ammunition, and implements of war for experimental or scientific purposes, including research and development, is not considered as manufacture for the purposes of section 414 of the Mutual Security Act of 1954, as amended.* (c) Registration is not required of persons whose pertinent business activities are confined to the production, exportation, and importation of unclassified technical data relating to arms, ammunition, and implements of war. * Registration is not required of persons whose entire export activity is subject to license under the provisions of the Atomic Energy Act of 1954, as amended. § 122.02 Application for registration. (a) Applications for registration shall be submitted to the Secretary of State on form DSP-9 and shall be accompanied by a registration fee in the form of money order or check payable to the Department of State. (b) Registration may be effected for periods of 1 or 2 years upon payment of a fee of $75 and $150 respectively, at the option of the registrant. § 122.03 Refund of fee. When a 2-year registration fee is paid, a refund for an unused year may be of granted, if warranted by reason changed conditions or new facts developed subsequent to registration. A refund for part of a year, however, will not be granted. § 122.04 Notification of changes in information furnished by registrants. Registered persons shall notify the Secretary of State of significant changes in the information set forth in their applications for registration, such as the establishment of a foreign affiliate. § 122.05 Maintenance of records by persons required to register as manufacturers, importers or exporters of U.S. Munitions List articles. (a) Persons required to register shall maintain for a period of 6 years, subject to the inspection of the Secretary of State or any person designated by him, records bearing on U.S. Munitions List articles, including records concerning the acquisition and disposition of such articles by the registrant. The Secretary may prescribe a longer or shorter period in individual cases as he deems |