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    120.4 Commodity Jurisdictiom

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    j. Smith
    The document outlines the commodity jurisdiction procedure used by the U.S. government to determine if an article or service is covered by the U.S. Munitions List. It describes submitting a Commodity Jurisdiction Determination Form to request a determination, which involves consultation between State, Defense, Commerce, and other agencies. It also notes that registration is required if an item is determined to be a defense article. The determination is made on a case-by-case basis considering the form, fit, function, and performance capability of the item. Appeals procedures are also described.

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    120.4 Commodity Jurisdictiom

    Uploaded by

    j. Smith
    9 views2 pages
    The document outlines the commodity jurisdiction procedure used by the U.S. government to determine if an article or service is covered by the U.S. Munitions List. It describes submitting a Commodity Jurisdiction Determination Form to request a determination, which involves consultation between State, Defense, Commerce, and other agencies. It also notes that registration is required if an item is determined to be a defense article. The determination is made on a case-by-case basis considering the form, fit, function, and performance capability of the item. Appeals procedures are also described.

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    Commodity Jurisdiction

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    The document outlines the commodity jurisdiction procedure used by the U.S. government to determine if an article or service is covered by the U.S. Munitions List. It describes submitting a Commodity Jurisdiction Determination Form to request a determination, which involves consultation between State, Defense, Commerce, and other agencies. It also notes that registration is required if an item is determined to be a defense article. The determination is made on a case-by-case basis considering the form, fit, function, and performance capability of the item. Appeals procedures are also described.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    9 views2 pages

    120.4 Commodity Jurisdictiom

    Uploaded by

    j. Smith
    The document outlines the commodity jurisdiction procedure used by the U.S. government to determine if an article or service is covered by the U.S. Munitions List. It describes submitting a Commodity Jurisdiction Determination Form to request a determination, which involves consultation between State, Defense, Commerce, and other agencies. It also notes that registration is required if an item is determined to be a defense article. The determination is made on a case-by-case basis considering the form, fit, function, and performance capability of the item. Appeals procedures are also described.

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    © All Rights Reserved
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    of 2

    §120.4 Commodity jurisdiction.

    (a) The commodity jurisdiction procedure is used with the U.S. Government if doubt exists as to
    whether an article or service is covered by the U.S. Munitions List. It may also be used for
    consideration of a redesignation of an article or service currently covered by the U.S. Munitions List.
    The Department must provide notice to Congress at least 30 days before any item is removed from
    the U.S. Munitions List. Upon electronic submission of a Commodity Jurisdiction (CJ) Determination
    Form (Form DS-4076), the Directorate of Defense Trade Controls shall provide a determination of
    whether a particular article or service is covered by the U.S. Munitions List. The determination,
    consistent with §§120.2, 120.3, and 120.4, entails consultation among the Departments of State,
    Defense, Commerce, and other U.S. Government agencies and industry in appropriate cases.

    (b) Registration with the Directorate of Defense Trade Controls as defined in part 122 of this
    subchapter is not required prior to submission of a commodity jurisdiction request. If it is determined
    that the commodity is a defense article or defense service covered by the U.S. Munitions List,
    registration is required for exporters, manufacturers, and furnishers of such defense articles and
    defense services (see part 122 of this subchapter), as well as for brokers who are engaged in
    brokering activities related to such articles or services.

    (c) Requests shall identify the article or service, and include a history of this product's design,
    development, and use. Brochures, specifications, and any other documentation related to the article
    or service should be submitted as electronic attachments per the instructions for Form DS-4076.

    (d)(1) [Reserved]

    (2) A designation that an article or service meets the criteria of a defense article or defense
    service, or provides the equivalent performance capabilities of a defense article on the U.S.
    Munitions List set forth in this subchapter, is made on a case-by-case basis by the Department of
    State, taking into account:

    (i) The form and fit of the article; and

    (ii) The function and performance capability of the article.

    (3) A designation that an article or service has a critical military or intelligence advantage such
    that it warrants control under this subchapter is made, on a case-by-case basis, by the Department
    of State, taking into account:

    (i) The function and performance capability of the article; and

    (ii) The nature of controls imposed by other nations on such items (including the Wassenaar
    Arrangement and other multilateral controls).

    NOTE 1 TO PARAGRAPH (d): The form of a commodity is defined by its configuration (including the geometrically
    measured configuration), material, and material properties that uniquely characterize it. The fit of a commodity is
    defined by its ability to physically interface or connect with or become an integral part of another commodity.
    The function of a commodity is the action or actions it is designed to perform. Performance capability is the measure
    of a commodity's effectiveness to perform a designated function in a given environment (e.g., measured in terms of
    speed, durability, reliability, pressure, accuracy, efficiency).
    NOTE 2 TO PARAGRAPH (d): For software, the form means the design, logic flow, and algorithms. The fit is defined
    by its ability to interface or connect with a defense article. The function means the action or actions the software
    performs directly related to a defense article or as a standalone application.

    Performance capability means the measure of the software's effectiveness to perform a


    designated function.

    (e) The Directorate of Defense Trade Controls will provide a preliminary response within 10
    working days of receipt of a complete request for commodity jurisdiction. If after 45 days the
    Directorate of Defense Trade Controls has not provided a final commodity jurisdiction determination,
    the applicant may request in writing to the Director, Office of Defense Trade Controls Policy that this
    determination be given expedited processing.

    (f) State, Defense and Commerce will resolve commodity jurisdiction disputes in accordance
    with established procedures. State shall notify Defense and Commerce of the initiation and
    conclusion of each case.

    (g) A person may appeal a commodity jurisdiction determination by submitting a written request
    for reconsideration to the Deputy Assistant Secretary of State for Defense Trade Controls. The
    Deputy Assistant Secretary's determination of the appeal will be provided, in writing, within 30 days
    of receipt of the appeal. If desired, an appeal of the Deputy Assistant Secretary's decision can then
    be made to the Assistant Secretary for Political-Military Affairs.

    [58 FR 39283, July 22, 1993, as amended at 71 FR 20536, Apr. 21, 2006; 75 FR 46843, Aug. 4, 2010; 78 FR 22753,
    Apr. 16, 2013; 79 FR 8084, Feb. 11, 2014]

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