Category XIV-Toxicological Agents

(a) Chemical agents, including lung irritants, vesicants, lacrimators and tear gases, sternutators and irritant smokes, and nerve gases (see § 121.08).

(b) Biological agents adapted for use in war to produce death or disablement in human beings or animals or to damage crops.

(c) Equipment for the dissemination, detection and identification of, and defense against the articles in paragraphs (a) and (b) of this Category.

(d) Components, parts, attachments and accessories specifically designed for the articles in paragraph (c) of this Category.

Category XV-Helium Gas

Contained Helium and admixtures thereof (See § 121.14).

Category XVI-Classified Material

All material not enumerated herein which is classified from the standpoint of military security.

Category XVII-Technical Data

Technical data relating to the articles designated in this subchapter as arms, ammunition, and implements of war.

DEFINITIONS AND INTERPRETATIONS § 121.02 Substantial transformation.

As used in § 123.03(d) of this subchapter 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) re-chambering for a lower or 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) re-chambering or (2) modification of the cylinders for the accommodation of a lower or higher caliber cartridge.

(c) Other changes, such as rebarreling, modification of stocks or grips, reblueing, 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.

chine pistols and fully automatic rifles caliber .22 to .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 barrel with a rified bore at least sixteen inches in length.

(c) A carbine is a light weight shoulder firearm with a short barrel, under eighteen inches in length.

(d) A pistol is a hand-operated firearm designed for clip loading.

(e) A revolver is a hand-operated firearm with a revolving cylinder containing chambers for individual cartridges.

(f) A machine gun or machine pistol is a firearm capable of being fired automatically by a single pull of the trigger.

(g) A breech mechanism or action is that portion of the weapon in which the firing action takes place.

§ 121.04 Cartridge and shell casings.

Cartridge and shell casings which have been sold by the armed services as scrap, or which have been rendered useless by excessive heating or flame treatment, mangling, crushing or cutting or reduced to scrap by any other method are not subject to the export and import licensing authority of the Department of State.

ing devices, and the following items related thereto, intervalometers and components therefor, guided missile launchers and specialized handling equipment.

§ 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 XV (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:

Propellant powders including smokeless shotgun powder,

Hydrazine,

Unsymmetrical dimethylhydrazine, Hydrogen peroxide over 85 percent concentration,

Nitroguanadine or picrite,

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),

(3) Triple base (nitrocellulose, nitroglycerin, nitroguanadine),

(4) Composite (nitroglycerin, ammonium perchlorate, nitrocellulose with plastics or rubbers added),

(5) Special purpose chemical base high energy solid military fuels.

Other liquid propellant compositions, including but not limited to the following:

(1) Mono-propellants (hydrazine, nitrate, and water),

(2) Bi-propellants (hydrazine, fuming nitric acid (MNO3)),

(3) Special purpose chemical base high energy liquid military fuels.

§ 121.10 Military high explosives.

The term "military high explosives" includes but is not limited to the following:

(a) Ammonium picrate,
(b) Black soda powder,
(c) Cyclotetramethylene

(HMX),

tetranitramine

Escort Vessels (DE, DER, PCS, PCER, PF),
Gunboats (PCM, PR),

Submarine Chasers (PC, PCS, SC),
Yacht (PY),

(b) Auxiliary Vessels and Service Craft:

(1) Advanced Aviation Base Ship (AVB),

(2) Auxiliary Submarine (AG(SS)),

(3) Cable Repairing or Laying Ship (ARC),

(4) Degaussing Vessel (ABG),

(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),
(9) Guided Missile Ship (AVM),
(10) Harbor Utility Craft (YFU),

(20) Repair, Salvage, and Rescue Vessels (AR, ARB, ARG, ARL, ARS, ARSD, ARV, ARVA, ARVE, ASR),

(21) Survey Ships (AGS, AGSC),

(22) Target and Training Submarine (SST),

(23) Tenders (AD, AGP, ARST, AS, AV, AVP, YDT),

(24) Transports and Barracks Vessels (AP, APB, APC, APL, YHB, YRB, YRBM), (25) Tugs (ATA, ATF, ATR, YTB, YTL, YTM),

(26) Dredge (YM),

(27) Ocean Radar Picket Ship (AGR),

(28) Submersible craft (X),

(29) Utility Aircraft Carrier (CVU).

(c) Coast Guard patrol and service vessels and craft:

(1) Submarine repair and berthing barge (YRB),

(2) Labor transportation barracks ship (APL),

(3) Coast Guard cutter (CGC),

(4) Gun boat (WPC),

(5) Patrol craft (WPC, WSC, WPC), (6) Sea plane tender (WAVP),

(7) Ice breaker (WAGB),

(8) Cargo ship (WAK),

(9) Buoy tenders and boats (WAGE, WD), (10) Cable layer (WARC),

(11) Lightship (WAL),

(12) CG tugs (WAT, WXT),

(13) Radio ship (WAGR),

(14) Special vessel (WIX),

(15) Auxiliary vessels (WAG, WAGE),

(16) Other Coast Guard patrol or rescue craft over 300 horsepower capacity.

(d) Air Force craft:

(1) 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) Dry dock, floating (FDL),

(5) Repair ship, floating (FMS),

(6) Trainer, amphibious 20-ton wheeled tow boat, inland waterway (LTI, STI).

§ 122.03

PART 122-REGISTRATION

Sec.

122.01

Registration requirements.

122.02

122.03

Application for registration.
Certificate of registration.

122.04 Notification of changes in information furnished by registrants. 122.05 Maintenance of records by persons required to register as manufacturers, importers, or exporters of United States Munitions List articles.

AUTHORITY: The provisions of this Part 122 issued under sec. 414, as amended, 68 Stat. 848; 22 U.S.C. 1934, sec. 103, E.O. 10575, 19 F.R. 7251, 3 CFR, 1954-1958 Comp.)

SOURCE: The provisions of this Part 122 contained in Departmental Regulation 108.425, 25 F.R. 1823, Mar. 2, 1960, unless otherwise noted.

§ 122.01 Registration requirements.

(a) Persons engaged in the business, within the United States, its territories or possessions, of manufacturing, exporting or importing articles enumerated in the United States Munitions List are required to register with the Secretary of State.

(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) The Department will not generally require the registration 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.

§ 122.02 Application for registration.

(a) Applications for registration shall be submitted to the Secretary of State on form DPS-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 can be effected for periods of one year or four years upon payment of a fee of $75.00 or $300.00 respectively, at the option of the registrant.

Certificate of registration.

(a) A certificate of registration valid for one or four years will be issued to the applicant after submission of an application for registration (form DSP9). Certificates of registration are renewable upon payment of the fee of $75.00 or $300.00 for periods of one or four years respectively. Such certificates are not transferrable.

(b) When a four year registration fee is paid, a refund for unused years may be granted, if warranted by reason of changed conditions or new facts developed subsequent to the issuance of the registration certificate. 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 associate or the acquisition of a foreign affiliate. Upon receipt of such information, an amended certificate of registration will be issued, if appropriate, without charge. Amended certificates remain valid until the date of expiration of the original certificate.

§ 122.05 Maintenance of records by per

sons required to register as manufacturers, importers, or exporters of United States Munitions List articles. (a) Persons required to register shall maintain for a period of six years, subject to the inspection of the Secretary of State or any person designated by him, records on the importation and exportation of articles enumerated in the U.S. Munitions List. The Secretary may prescribe a longer or shorter period in individual cases as he deems necessary. Records shall contain all information pertinent to the transaction.

(b) Officers of the Office of Security and the Office of Munitions Control of the Department of State and of the United States Customs Agency Service, Bureau of Customs, Treasury Department, are hereby designated as the representatives of the Secretary of State for the purposes of this section.