Supplement No. 1 to Part 126  


Latest version.
  • [Supplement No. 1* - *An “X” in the chart indicates that the item is excluded from use under the exemption referenced in the top of the column. An item excluded in any one row is excluded regardless of whether other rows may contain a description that would include the item.]

    USML Category Exclusion (CA)
    § 126.5
    (AS)
    § 126.16
    (UK)
    § 126.17
    I-XXIClassified defense articles and services. See Note 1XXX
    I-XXIDefense articles listed in the Missile Technology Control Regime (MTCR) AnnexXXX
    I-XXIU.S. origin defense articles and services used for marketing purposes and not previously licensed for export in accordance with this subchapterXX
    I-XXIDefense services for or technical data related to defense articles identified in this supplement as excluded from the Canadian exemptionX
    I-XXIAny transaction involving the export of defense articles and services for which congressional notification is required in accordance with § 123.15 and § 124.11 of this subchapter. See Note 17X
    I-XXIU.S. origin defense articles and services specific to developmental systems that have not obtained written Milestone B approval from the U.S. Department of Defense milestone approval authority, unless such export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplementXX
    I-XXINuclear weapons strategic delivery systems and all components, parts, accessories, and attachments specifically designed for such systems and associated equipmentX
    I-XXIDefense articles and services specific to the existence or method of compliance with anti-tamper measures, where such measures are readily identifiable, made at originating Government directionXX
    I-XXIDefense articles and services specific to reduced observables or counter low observables in any part of the spectrum. See Note 2XX
    I-XXIDefense articles and services specific to sensor fusion beyond that required for display or identification correlation. See Note 3XX
    I-XXIDefense articles and services specific to the automatic target acquisition or recognition and cueing of multiple autonomous unmanned systemsXX
    I-XXINuclear power generating equipment or propulsion equipment (e.g., nuclear reactors), specifically designed for military use and components therefor, specifically designed for military use. See also § 123.20 of this subchapterX
    I-XXILibraries (parametric technical databases) specially designed for military use with equipment controlled on the USML. See Note 13X
    I-XXIDefense services or technical data specific to applied research as defined in § 125.4(c)(3) of this subchapter, design methodology as defined in § 125.4(c)(4) of this subchapter, engineering analysis as defined in § 125.4(c)(5) of this subchapter, or manufacturing know-how as defined in § 125.4(c)(6) of this subchapter. See Note 12X
    I-XXIDefense services other than those required to prepare a quote or bid proposal in response to a written request from a department or agency of the United States Federal Government or from a Canadian Federal, Provincial, or Territorial Government; or defense services other than those required to produce, design, assemble, maintain or service a defense article for use by a registered U.S. company, or a U.S. Federal Government Program, or for end-use in a Canadian Federal, Provincial, or Territorial Government Program. See Note 14X
    IFirearms, close assault weapons, and combat shotgunsX
    II(k)Software source code related to USML Category II(c), II(d), or II(i). See Note 4XX
    II(k)Manufacturing know-how related to USML Category II(d). See Note 5XXX
    IIIAmmunition for firearms, close assault weapons, and combat shotguns listed in USML Category IX
    IIIDefense articles and services specific to ammunition and fuse setting devices for guns and armament controlled in USML Category IIX
    III(e)Manufacturing know-how related to USML Category III(d)(1) or III(d)(2) and their specially designed components. See Note 5XXX
    III(e)Software source code related to USML Category III(d)(1) or III(d)(2). See Note 4XX
    IVDefense articles and services specific to man-portable air defense systems (MANPADS). See Note 6XXX
    IVDefense articles and services specific to rockets, designed or modified for non-military applications that do not have a range of 300 km (i.e., not controlled on the MTCR Annex)X
    IVDefense articles and services specific to torpedoesXX
    IVDefense articles and services specific to anti-personnel landmines. See Note 15XXX
    IVDefense articles and services specific to cluster munitionsXXX
    IV(i)Software source code related to USML Category IV(a), IV(b), IV(c), or IV(g). See Note 4XX
    IV(i)Manufacturing know-how related to USML Category IV(a), IV(b), IV(d), or IV(g) and their specially designed components. See Note 5XXX
    VThe following energetic materials and related substances:X
    a. TATB (triaminotrinitrobenzene) (CAS 3058-38-6);
    b. Explosives controlled in USML Category V(a)(38);
    c. Iron powder (CAS 7439-89-6) with particle size of 3 micrometers or less produced by reduction of iron oxide with hydrogen;
    d. BOBBA-8 (bis(2-methylaziridinyl)2-(2-hydroxypropanoxy) propylamino phosphine oxide), and other MAPO derivatives;
    e. N-methyl-p-nitroaniline (CAS 100-15-2); or
    f. Trinitrophenylmethylnitramine (tetryl) (CAS 479-45-8)
    V(a)(13)ANF or ANAzF as described in USML Category V(a)(13)(iii) and (iv)X
    V(a)(23)Difluoraminated derivative of RDX as described in USML Category V(a)(23)(iii)X
    V(c)(7)Pyrotechnics and pyrophorics specifically formulated for military purposes to enhance or control radiated energy in any part of the IR spectrumX
    V(d)(3)Bis-2, 2-dinitropropylnitrate (BDNPN)X
    V(i)Developmental explosives, propellants, pyrotechnics, fuels, oxidizers, binders, additives, or precursors therefor, funded by the Department of Defense via contract or other funding authorization in accordance with notes 1 to 3 for USML Category V(i). This exclusion does not apply if such export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplementXX
    VIDefense articles and services specific to cryogenic equipment, and specially designed components or accessories therefor, specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (−170 °C)X
    VIDefense articles and services specific to superconductive electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar generators which have single-pole normal metal armatures that rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generatorX
    VIDefense articles and services specific to naval technology and systems relating to acoustic spectrum control and awareness. See Note 10XX
    VI(a)Nuclear powered vessels.XXX
    VI(e)Defense articles and services specific to naval nuclear propulsion equipment. See Note 7XXX
    VI(g)Software source code related to USML Category VI(a) or VI(c). See Note 4XX
    VIIDefense articles and services specific to cryogenic equipment, and specially designed components or accessories therefor, specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (−170 °C)X
    VIIDefense articles and services specific to superconductive electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar generators which have single-pole normal metal armatures that rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generatorX
    VIIIDefense articles and services specific to cryogenic equipment, and specially designed components and accessories therefor, specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (−170 °C)X
    VIIIDefense articles and services specific to superconductive electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar generators which have single-pole normal metal armatures that rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generatorX
    VIII(a)All USML Category VIII(a) items.X
    VIII(f)Developmental aircraft parts, components, accessories, and attachments identified in USML Category VIII(f)X
    VIII(i)Manufacturing know-how related to USML Category VIII(a) or VIII(e), and specially designed parts or components therefor. See Note 5XXX
    VIII(i)Software source code related to USML Category VIII(a) or VIII(e). See Note 4XX
    IXTraining or simulation equipment for Man Portable Air Defense Systems (MANPADS). See Note 6XX
    IX(e)Software source code related to USML Category IX(a) or IX(b). See Note 4XX
    IX(e)Software that is both specifically designed or modified for military use and specifically designed or modified for modeling or simulating military operational scenariosX
    X(e)Manufacturing know-how related to USML Category X(a)(1) or X(a)(2), and specially designed components therefor. See Note 5XXX
    XI(a) XI(c), XI(d)Defense articles and services specific to countermeasures and counter- countermeasures See Note 9XX
    XI(a)High Frequency and Phased Array Microwave Radar systems, with capabilities such as search, acquisition, tracking, moving target indication, and imaging radar systems. See Note 16X
    XI(a), XI(c), XI(d)Defense articles and services specific to naval technology and systems relating to acoustic spectrum control and awareness. See Note 10XX
    XI(a), XI(c), XI(d)Defense articles and services specific to USML Category XI(b) (e.g., communications security (COMSEC) and TEMPEST)XX
    XI(d)Software source code related to USML Category XI(a). See Note 4XX
    XI(d)Manufacturing know-how related to USML Category XI(a)(3) or XI(a)(4), and specially designed components therefor. See Note 5XXX
    XIIDefense articles and services specific to countermeasures and counter- countermeasures. See Note 9XX
    XIIDefense articles and services specific to USML Category XII(c) articles, except any 1st- and 2nd-generation image intensification tubes and 1st- and 2nd-generation image intensification night sighting equipment. End-items in USML Category XII(c) and related technical data limited to basic operations, maintenance, and training information as authorized under the exemption in § 125.4(b)(5) of this subchapter may be exported directly to a Canadian Government entity (i.e., federal, provincial, territorial, or municipal) consistent with § 126.5, other exclusions, and the provisions of this subchapterX
    XIITechnical data or defense services for night vision equipment beyond basic operations, maintenance, and training data. However, the AS and UK Treaty exemptions apply when such export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplementXXX
    XII(f)Manufacturing know-how related to USML Category XII(d) and specially designed components therefor. See Note 5XXX
    XII(f)Software source code related to USML Category XII(a), XII(b), XII(c), or XII(d). See Note 4XX
    XIII(b)Defense articles and services specific to USML Category XIII(b) (Military Information Security Assurance Systems, cryptographic devices, software, and components)XX
    XIII(d)Carbon/carbon billets and preforms which are reinforced in three or more dimensional planes, specifically designed, developed, modified, configured or adapted for defense articlesX
    XIII(e)Defense articles and services specific to armored plate manufactured to comply with a military standard or specification or suitable for military use. See Note 11X
    XIII(g)Defense articles and services related to concealment and deception equipment and materialsX
    XIII(h)Energy conversion devices other than fuel cellsX
    XIII(j)Defense articles and services related to hardware associated with the measurement or modification of system signatures for detection of defense articles as described in Note 2XX
    XIII(l)Software source code related to USML Category XIII(a). See Note 4XX
    XIVDefense articles and services related to toxicological agents, including chemical agents, biological agents, and associated equipmentXX
    XIV(a), XIV(b), XIV(d), XIV(e), XIV(f)Chemical agents listed in USML Category XIV(a), (d) and (e), biological agents and biologically derived substances in USML Category XIV(b), and equipment listed in USML Category XIV(f) for dissemination of the chemical agents and biological agents listed in USML Category XIV(a), (b), (d), and (e)X
    XV(a)Defense articles and services specific to spacecraft/satellites. However, the Canadian exemption may be used for commercial communications satellites that have no other type of payloadXXX
    XV(b)Defense articles and services specific to ground control stations for spacecraft telemetry, tracking, and control. Defense articles and services are not excluded under this entry if they do not control the spacecraft. Receivers for receiving satellite transmissions are also not excluded under this entryXX
    XV(c)Defense articles and services specific to GPS/PPS security modulesXX
    XV(c)Defense articles controlled in USML Category XV(c) except end-items for end-use by the Federal Government of Canada exported directly or indirectly through a Canadian-registered personX
    XV(e)Anti-jam systems with the ability to respond to incoming interference by adaptively reducing antenna gain (nulling) in the direction of the interferenceX
    XV(e)(1)Antennas having any of the following:X
    a. Aperture (overall dimension of the radiating portions of the antenna) greater than 30 feet;
    b. All sidelobes less than or equal to −35 dB relative to the peak of the main beam; or
    c. Designed, modified, or configured to provide coverage area on the surface of the earth less than 200 nautical miles in diameter, where “coverage area” is defined as that area on the surface of the earth that is illuminated by the main beam width of the antenna (which is the angular distance between half power points of the beam)
    XV(e)(12)Propulsion systems which permit acceleration of the satellite on-orbit (i.e., after mission orbit injection) at rates greater than 0.1 gX
    XV(e)(10)Attitude determination and control systems designed to provide spacecraft pointing determination and control or payload pointing system control better than 0.02 degrees per axisX
    XV(e)All parts, components, accessories, attachments, equipment, or systems for USML Category XV(a) items, except when specially designed for use in commercial communications satellitesX
    XV(e)Defense articles and services specific to spacecraft, ground control station systems (only for spacecraft control as controlled in USML Category XV(b)), subsystems, components, parts, accessories, attachments, and associated equipment controlled in Category XVXX
    XV(f)Technical data and defense services directly related to the other defense articles excluded from the exemptions for USML Category XVXXX
    XVIDefense articles and services specific to design and testing of nuclear weaponsXXX
    XVIIClassified articles, and technical data and defense services relating thereto, not elsewhere enumerated. See Note 1XXX
    XVIIIDefense articles and services specific to directed energy weapon systemsXX
    XIX(e), XIX(f)(1), XIX(f)(2), XIX(g)Defense articles and services specific to gas turbine engine hot section components and to Full Authority Digital Engine Control Systems (FADEC) or Digital Electronic Engine Controls (DEEC). See Note 8XX
    XIX(g)Technical data and defense services for gas turbine engine hot sections. (This does not include hardware). See Note 8XXX
    XXDefense articles and services related to submersible vessels, oceanographic, and associated equipmentXXX
    XXDefense articles and services specific to naval technology and systems relating to acoustic spectrum control and awareness. See Note 10XX
    XXDefense articles specific to cryogenic equipment, and specially designed components or accessories therefor, specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (−170 °C)X
    XXDefense articles specific to superconductive electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar generators that have single-pole normal metal armatures which rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generatorX
    XX(a)Nuclear powered vessels.XXX
    XX(b)Defense articles and services specific to naval nuclear propulsion equipment. See Note 7XXX
    XX(c)Defense articles and services specific to submarine combat control systemsXX
    XX(d)Software source code related to USML Category XX(a). See Note 4XX
    XXIArticles, and technical data and defense services relating thereto, not otherwise enumerated on the USML, but placed in this category by the Director, Office of Defense Trade Controls PolicyXXX