- Supplement No. 2 to Part 126—Excluded Technology List
This supplement lists the defense articles and defense services excluded from the scope of the exemption provided at § 126.7. The United States Munitions List (USML), see 22 CFR 121.1, entries in column 1 represent the location of the excluded defense articles and defense services within the USML and does not indicate the entire USML entry in column 1 is excluded; only the portions of those entries that are further described in column 2 are excluded.
| USML entry | Exclusion | I through XV, and XX | Missile Technology Control Regime (MTCR) articles, as annotated on the USML by an “MT” designation, except for articles described in USML Category VIII(h)(12); and directly related technical data and defense services. | I through XX | Articles having anti-tamper features developed in accordance with a U.S. Department of Defense (DoD) Program Protection Plan, not already installed in the commodity they are intended to protect; and directly related technical data and defense services. | II(k), III(e), IV(i), X(e), and XIX(g) | Manufacturing know-how (see § 120.43(e) of this subchapter) directly related to:
—articles described in USML Categories II(d), III(d)(1) or (2), IV(a), (b), (d), (g), or (h), X(a)(1) or (2), or XIX; or —parts, components, accessories, or attachments that are only used in those articles. | II(j)(9) through (11), and (k) | Articles described in USML Category II(j)(9) through (11) that are not an element of an armament, weapon, or military platform; and directly related technical data and defense services. | III(a)(9) and (e); IV(a)(5) and (6), (b)(2), (c), (g), (h), and (i); VI(f)(6) and (g); VIII(h)(6) and (i); XI(c) and (d); XII(a), (d), (e), and (f); and XX(c) and (d) | Cluster munitions and articles specially designed for cluster munitions; and directly related technical data and defense services. | IV(a)(3), (9), (10), and (11), (b)(2), (h)(5), and (i) | Articles described in USML Category IV(a)(3), (9), (10), or (11), or (h)(5); launcher mechanisms for MANPADS; and directly related technical data and defense services. | V(a)(13)(iii) and (iv), (a)(23)(iii), (d)(3), (i), and (j) | Articles described in USML Category V(a)(13)(iii) or (iv), (a)(23)(iii), or (d)(3); articles, other than propellants, described in USML Category V(i); and directly related technical data and defense services. | VI(e), (f)(5), and (g); and XX(b)(1), (c), and (d) | Articles described in USML Category VI(e) or (f)(5), or XX(b)(1); articles specially designed for articles described in USML Category XX(b)(1); and directly related technical data and defense services. | VIII(a)(2), (h)(1), and (i) | The F-22 aircraft and articles specially designed for the F-22, other than those also used in aircraft other than the F-22; and directly related technical data and defense services. | X(a)(7)(ii), (d)(2) and (3), and (e) | Articles described in USML Category X(a)(7)(ii); articles specially designed therefor; and directly related technical data and defense services. | XI(a)(1)(i) and (ii), and (d) | Articles described in USML Category XI(a)(1)(i) or (ii); and directly related technical data and defense services. | XI(a)(2),(c)(1) through (3), and (d) | Classified articles described in USML Category XI(a)(2), other than underwater acoustic decoy countermeasures; classified articles specially designed therefor; and classified, directly related technical data and defense services. | XI(a)(3)(xviii),(c)(1) through (3), and (d) | Classified articles described in USML Category XI(a)(3)(xviii); classified articles specially designed therefor; and classified, directly related technical data and defense services. | XI(a)(4)(i),(c)(1) through (3), and (d) | Classified articles described in USML Category XI(a)(4)(i); classified articles specially designed therefor; and classified, directly related technical data and defense services. | XI(a)(4)(iii),(c)(1) through (3), and (d) | Classified countermeasure and counter-countermeasure equipment described in USML Category XI(a)(4)(iii); classified articles specially designed therefor; and classified, directly related technical data and defense services. | XI(a)(5)(iii),(c)(1) through (3) and (18), and (d) | Classified articles described in USML Category XI(a)(5)(iii); classified articles specially designed therefor; and classified, directly related technical data and defense services. | XI(b) and (d) | Classified articles described in USML Category XI(b); and classified, directly related technical data and defense services. | XI(c) and (d) | (1) Articles described in USML Category XI(c) or (d) specially designed for articles described in USML Category XI(a)(1)(i) or (ii); and directly related technical data and defense services.
(2) Classified articles described in USML Category XI(c) or (d) that implement countermeasures or counter-countermeasures for defense articles described in USML Category XI(a); and classified, directly related technical data and defense services. (3) Classified articles described in USML Category XI(c) specially designed for articles described in USML Category XIII(b); and classified, directly related technical data and defense services. | XIII(b) and (l) | Classified articles described in USML Category XIII(b); and classified, directly related technical data and defense services. | XIII(d)(2) and (l) | Articles described in USML Category XIII(d)(2); and directly related technical data and defense services. | XIV(a), (b), (c)(5), (f)(1), (i), and (m) | Articles described in USML Category XIV(a), (b), (c)(5), (f)(1), or (i); and directly related technical data and defense services. | XV(a), (e), and (f) | Classified articles described in USML Category XV(a) or (e); and classified, directly related technical data and defense services. | XVI | Articles described in USML Category XVI; and directly related technical data and defense services. | XVIII | Classified articles described in USML Category XVIII specially designed for counter-space operations; and classified, directly related technical data and defense services. | XIX(e), (f)(1), (2), (7), and (12), and (g) | (1) Classified articles described in USML Category XIX(e), (f)(1), or (f)(2), not already integrated into a complete engine; and directly related technical data and defense services.
(2) Classified articles described in USML Category XIX(f)(7) or (12) for excluded articles described in USML Category XIX(f)(1) or (2); and directly related technical data and defense services. | XX(b)(2), (c), and (d) | Articles described in USML Category XX(b)(2); articles specially designed therefor; and directly related technical data and defense services. | XX(d) | Design methodology, engineering analysis, and manufacturing know-how (see § 120.43 of this subchapter) directly related to:
—crewed vessels described in USML Category XX(a); or —articles described in USML Category XX(b) or (c) that are used only in: ○ crewed vessels, ○ classified payloads, or ○ classified Uncrewed Underwater Vehicle (UUV) signature reduction techniques. | XXI | Commodities, software, technical data, and defense services, unless specifically designated as eligible for the exemption provided at § 126.7 in State's written Category XXI determination. |
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