22 CFR Sections 120.3, 120.4, and 120.5 of the International Traffic in Arms
Regulations (ITAR) detail how defense articles and services are designated and
how those items are handled under the law.
Designations of defense articles and defense services are based primarily
on whether an article or service is deemed to be inherently military in
character.
If an article or service is placed on the United States Munitions List (USML),
its export is regulated exclusively by the Department of State Directorate of Defense Trade Controls (DDTC) under ITAR. Exports
which are not subject to the controls under ITAR will generally fall under the
regulatory jurisdiction of the Department of Commerce Export Administration
Regulations (EAR).
The Directorate of Defense Trade Controls Office will provide, upon request, a
determination on whether a specific article is included on the
United States
Munitions List (USML).
