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Products (Amendment) Regulations, 2023

44 Articles / Provisions · Malta
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Table of Provisions (44)

Statutory Text (44 Articles)

Malta Government Gazette — Legal Notice 2023 251 · Gazzetta tal-Gvern ta’ Malta Nru. 21,136– 20.10.2023<P Class=Msonormal — Products (Amendment) Regulations, 2023

L.N. 251 of 2023

SUPPLIES AND SERVICES ACT

(CAP. 117)

Simplifying Terms and Conditions of Transfers of Defence-Related

Products (Amendment) Regulations, 2023

IN EXERCISE of the powers conferred by article 3 of the

Supplies and Services Act, the Minister responsible for commerce has

made the following regulations

Malta Government Gazette — Legal Notice 2023 251 · Gazzetta tal-Gvern ta’ Malta Nru. 21,136– 20.10.2023<P Class=Msonormal — Products (Amendment) Regulations, 2023

(1) The title of these regulations is the Simplifying Terms Citation and

and Conditions of Transfers of Defence-Related Products scope.

(Amendment) Regulations, 2023 and these regulations shall be read

and construed as one with the Simplifying Terms and Conditions of S.L. 117.32.

Transfers of Defence-Related Products Regulations, hereinafter

referred to as "the principal regulations".

(2) The scope of these regulations is to transpose the

Commission Delegated Directive (EU) 2023/277 of 5 October 2022

amending Directive 2009/43/EC of the European Parliament and of the

Council as regards the updating of the list of defence-related products

in line with the updated Common Military List of the European Union

of 21 February 2022.

Malta Government Gazette — Legal Notice 2023 251 · Gazzetta tal-Gvern ta’ Malta Nru. 21,136– 20.10.2023<P Class=Msonormal — Products (Amendment) Regulations, 2023

The Schedule to the principal regulations shall be Substitutes the

Schedule to the

substituted by the following new Schedule

principal

regulations.

"List of Defence-related Products

Note 1: Terms in "quotation marks" are defined terms. Refer to

'Definitions of Terms used in this List' annexed to this List.

Note 2: In some instances chemicals are listed by name and

Chemical Abstract Service (CAS) number. The list applies to

chemicals of the same structural formula (including hydrates)

regardless of name or CAS number. CAS numbers are shown to assist

in identifying a particular chemical or mixture, irrespective of the

nomenclature. CAS numbers cannot be used as unique identifiers

because some forms of the listed chemical have different CAS

numbers, and mixtures containing a listed chemical may also have

different CAS numbers.

Smooth-bore weapons with a calibre of less

than 20mm, other arms and automatic weapons with

a calibre of 12.7 mm (calibre 0.50 inches) or less and

accessories, as follows, and specially designed

components therefor

Note: ML1. does not apply to

a.

Firearms specially designed for

dummy ammunition and which are incapable of

discharging a projectile;

b.

Firearms specially designed to launch

tethered projectiles having no high explosive

charge or communications link, to a range of less

than or equal to 500m;

c.

Weapons using non-centre fire cased

ammunition and which are not of the fully

automatic firing type; and

d.

"Deactivated firearms".

Technical Note

A ‘deactivated firearm’ is a firearm that has been

made incapable of firing any projectile by processes

defined by the Wassenaar Arrangement Participating

State’s national authority. These processes irreversibly

modify the essential elements of the firearm.

According to national laws and regulations,

deactivation of the firearm may be attested by a

certificate issued by a competent authority and may be

marked by a stamp on an essential part of the firearm.

a.

Rifles and combination guns, handguns,

machine, sub-machine and volley guns;

Note: ML1.a. does not apply to the following

a.

Rifles

and

combination

guns,

manufactured before 1938;

b.

Reproductions

of

rifles

and

combination guns, the originals of which were

manufactured before 1890;

c.

Handguns, volley guns and machine

guns manufactured before 1890, and their

reproductions;

d.

Rifles or handguns, specially designed

to discharge an inert projectile by compressed air

or CO2; and

e.

Handguns specially designed for any

of the following

1. Slaughtering

of

domestic

animals; or

2. Tranquilising of animals.

ML1.b.

b.

Smooth-bore weapons as follows

1. Smooth-bore

weapons

specially

designed for military use;

2. Other smooth-bore weapons as

follows

a.

Fully automatic type weapons;

b.

Semi-automatic or pump-action

type weapons;

Note: ML1.b.2. does not apply to weapons

specially designed to discharge an inert projectile by

compressed air or CO2.

Note: ML1.b. does not apply to the following

a.

Smooth-bore weapons manufactured

earlier than 1938;

b.

Reproductions

of

smooth-bore

weapons, the originals of which were

manufactured before 1890;

c.

Smooth-bore weapons used for

hunting or sporting purposes. These weapons

must not be specially designed for military use or

of the fully automatic firing type;

d.

Smooth-bore

weapons

specially

designed for any of the following

1. Slaughtering

of

domestic

animals;

2. Tranquilising of animals;

Malta Government Gazette — Legal Notice 2023 251 · Gazzetta tal-Gvern ta’ Malta Nru. 21,136– 20.10.2023<P Class=Msonormal — Products (Amendment) Regulations, 2023

Seismic testing;

Malta Government Gazette — Legal Notice 2023 251 · Gazzetta tal-Gvern ta’ Malta Nru. 21,136– 20.10.2023<P Class=Msonormal — Products (Amendment) Regulations, 2023

Firing of industrial projectiles;

or

Malta Government Gazette — Legal Notice 2023 251 · Gazzetta tal-Gvern ta’ Malta Nru. 21,136– 20.10.2023<P Class=Msonormal — Products (Amendment) Regulations, 2023

Disrupting

Improvised

Explosive Devices (IEDs).

N.B. For disruptors, see item ML4. and entry

1A006 on the EU Dual-Use List.

ML1.c.

c.

Weapons using caseless ammunition;

ML.1.d.

d.

Accessories designed for arms specified in

items ML1.a., ML1.b. or ML1.c., as follows

1. Detachable cartridge magazines;

2. Sound suppressors or moderators;

3. Gun-mountings;

Technical Note

For the purposes of ML1.d.3, a ‘gun-mounting’ is

a fixture designed to mount a gun onto a ground

vehicle. ‘aircraft’ vessel or structure.

4. Flash suppressors;

5. Optical weapon-sights with electronic

image processing;

Malta Government Gazette — Legal Notice 2023 251 · Gazzetta tal-Gvern ta’ Malta Nru. 21,136– 20.10.2023<P Class=Msonormal — Products (Amendment) Regulations, 2023

Optical

weapon-sights

specially

designed for military use.

Smooth-bore weapons with a calibre of 20mm

or more, other weapons or armament with a calibre

greater than 12.7mm (calibre 0.50 inches),

projectors specially designed or modified for

military use and accessories, as follows, and

specially designed components therefor

a.

Guns, howitzers, cannon, mortars, anti-tank

weapons, projectile launchers, military flame throwers,

rifles, recoilless rifles and smooth-bore weapons;

Note 1: ML2.a. includes injectors, metering

devices, storage tanks and other specially designed

components for use with liquid propelling charges for

any of the equipment specified in item ML2.a.

Note 2: ML2.a. does not apply to weapons as

follows

a.

Rifles, smooth-bore weapons and

combination guns, manufactured before 1938;

b.

Reproductions of rifles, smooth-bore

weapons and combination guns, the originals of

which were manufactured before 1890;

c.

Guns, howitzers, cannons and mortars,

manufactured before 1890;

d.

Smooth-bore weapons used for

hunting or sporting purposes. These weapons

shall not be specially designed for military use or

of the fully automatic firing type;

e.

Smooth-bore

weapons

specially

designed for any of the following

1. Slaughtering

of

domestic

animals;

2. Tranquillising of animals;

3. Seismic testing;

4. Firing of industrial projectiles;

or

5. Disrupting

Improvised

Explosive Devices (IEDs);

N.B. For disruptors, see ML4. and entry 1A006

on the EU Dual-Use List.

f.

Hand-held

projectile

launchers

specially designed to launch tethered projectiles

having no high explosive charge or

communications link, to a range of less than or

equal to 500 m.

ML2.b.

b.

Projectors specially designed or modified

for military use, as follows

1. Smoke canister projectors;

2. Gas canister projectors;

3. Pyrotechnics projectors;

Note: ML2.b. does not apply to signal pistols.

ML2.c.

c.

Accessories specially designed for the

weapons specified in ML2.a., as follows

1. Weapons sights and weapon sight

mounts, specially designed for military use;

2. Signature reduction devices;

3. Mountings;

4. Detachable cartridge magazines;

ML2.d.

d.

Not used since 2019.

ML3

Ammunition and fuse setting devices, as

follows, and specially designed components therefor

ML3.a.

a.

Ammunition for weapons specified by ML1,

ML2 or ML12;

ML3.b.

b.

Fuse setting devices specially designed for

ammunition specified by ML3.a.

Note 1: Specially designed components specified

by ML3 include

a.

Metal or plastic fabrications such as

primer anvils, bullet cups, cartridge links, rotating

bands and munitions metal parts;

b.

Safing and arming devices, fuzes,

sensors and initiation devices;

c.

Power supplies with high one-time

operational output;

d.

Combustible cases for charges;

e.

Submunitions including bomblets, minelets

and terminally guided projectiles.

Note 2: ML3.a. does not apply to any of the

following

a.

Ammunition crimped without a

projectile (blank star);

b.

Dummy ammunition with a pierced

powder chamber;

c.

Other blank and dummy ammunition,

not incorporating components designed for live

ammunition; or

d.

Components specially designed for

blank or dummy ammunition, specified in this

Note 2.a., b. or c.

Note 3: ML3.a. does not apply to cartridges

specially designed for any of the following purposes

a.

Signalling;

b.

Bird scaring; or

c.

Lighting of gas flares at oil wells.

Bombs, torpedoes, rockets, missiles, other

explosive devices and charges and related equipment

and accessories, as follows, and specially designed

components therefor

N.B 1: For guidance and navigation equipment,

vide item ML11.

N.B 2: For Aircraft Missile Protection Systems

(AMPS), vide item ML4.c.

a.

Bombs, torpedoes, grenades, smoke

canisters, rockets, mines, missiles, depth charges,

demolition- charges, demolition-devices, demolition-

kits, "pyrotechnic" devices, cartridges and simulators

(i.e. equipment simulating the characteristics of any of

these items), specially designed for military use;

Note: ML4.a. includes

a.

Smoke

grenades,

fire

bombs,

incendiary bombs and explosive devices; and

b.

Missile or rocket nozzles and re-entry

vehicle nosetips.

b.

Equipment having all of the following

1. Specially designed for military use;

and

2. Specially designed for 'activities'

relating to any of the following

a.

Items specified by ML4.a.; or

b.

Improvised Explosive Devices

(IEDs).

Technical Note

For the purpose of ML4.b.2. 'activities' applies to

handling, launching, laying, controlling, discharging,

detonating, activating, powering with one-time

operational output, decoying, jamming, sweeping,

detecting, disrupting or disposing.

Note 1: ML4.b. includes

a.

Mobile gas liquefying equipment

capable of producing 1,000 kg or more per day of

gas in liquid form;

b.

Buoyant electric conducting cable

suitable for sweeping magnetic mines.

Note 2: ML4.b. does not apply to hand-held

devices, limited by design solely to the detection of

metal objects and incapable of distinguishing between

mines and other metal objects.

c.

Aircraft Missile Protection Systems

(AMPS).

Note: ML4.c. does not apply to AMPS having all

of the following

a.

Any of the following missile warning

sensors

1. Passive sensors having peak

response between 100-400 nm;or

2. Active pulsed Doppler missile

warning sensors;

b.

Countermeasures dispensing systems;

c.

Flares, which exhibit both a visible

signature and an infrared signature, for decoying

surface-to- air missiles; and

d.

Installed on "civil aircraft" and having

all of the following

1. The AMPS is only operable in a

specific "civil aircraft" in which the specific

AMPS is installed and for which any of the

following has been issued

a.

A civil Type Certificate

issued by civil aviation authorities of

one or more EU Member States or

Wassenaar Arrangement Participating

States; or

b.

An equivalent document

recognised by the International Civil

Aviation Organisation (ICAO);

2. The AMPS employs protection

to prevent unauthorised access to

"software";and

3. The AMPS incorporates an

active mechanism that forces the system not

to function when it is removed from the

"civil aircraft" in which it was installed.

Fire control, surveillance and warning

equipment, and related systems, test and alignment

and countermeasure equipment, as follows, specially

designed for military use, and specially designed

components and accessories therefor

a.

Weapon sights, bombing computers, gun

laying equipment and weapon control systems;

b.

Other fire control, surveillance and warning

equipment, and related systems, as follows

1. Target acquisition, designation, range-

finding, surveillance or tracking systems;

2. Detection,

recognition

or

identification equipment;

3. Data fusion or sensor integration

equipment;

c.

Countermeasure equipment for items

specified by ML5.a. or ML5.b.;

Note

For

the

purposes

of

ML5.c.,

countermeasure

equipment

includes

detection

equipment.

d.

Field test or alignment equipment, specially

designed for items specified by ML5.a., ML5.b. or

ML5.c.

Ground vehicles and components, as follows

N.B. For guidance and navigation equipment, see

ML11.

a.

Ground vehicles and components therefor,

specially designed or modified for military use;

Note 1: ML6.a. includes

a.

Tanks and other military armed

vehicles and military vehicles fitted with

mountings for arms or equipment for mine laying

or the launching of munitions specified in item

ML4;

b.

Armoured vehicles;

c.

Amphibious and deep water fording

vehicles;

d.

Recovery vehicles and vehicles for

towing or transporting ammunition or weapon

systems and associated load handling equipment;

e.

Trailers.

Note 2: Modification of a ground vehicle for

military use specified by ML6.a. entails a structural,

electrical or mechanical change involving one or more

components that are specially designed for military use.

Such components include

a.

Pneumatic tyre casings of a kind

specially designed to be bullet-proof;

b.

Armoured protection of vital parts

(e.g. fuel tanks or vehicle cabs);

c.

Special reinforcements or mountings

for weapons;

d.

Black-out lighting.

b.

Other ground vehicles and components, as

follows

1. Vehicles having all of the following

a.

Manufactured or fitted with

materials or components to provide ballistic

protection equal to or better than level III

(NIJ (2) 0108.01, September 1985, or

"equivalent standards");

b.

A transmission to provide drive

to

both

front

and

rear

wheels

simultaneously, including those for vehicles

having additional wheels for load bearing

purposes whether driven or not;

c.

Gross Vehicle Weight Rating

(GVWR) greater than 4,500 kg; and

d.

Designed or modified for off-

road use;

2. Components having all of the

following

a.

Specially designed for vehicles

specified by ML6.b.1.; and

b.

Providing ballistic protection

equal to or better than level III (NIJ

0108.01, September 1985), or "equivalent

standards".

N.B. See also ML13.a.

Note 1: ML6 does not apply to civil vehicles

designed or modified for transporting money or

valuables.

Note 2: ML6. does not apply to vehicles that meet

all of the following;

a.

Were manufactured before 1946;

b.

Do not have items specified in this

Schedule and manufactured after 1945, except for

reproductions of original components or

accessories for the vehicle; and

c.

Do not incorporate weapons specified

in ML1., ML2. or ML4. unless they are

inoperable and incapable of discharging a

projectile.

Chemical agents, "biological agents", "riot

control agents", radioactive materials, related

equipment, components and materials, as follows

a.

"Biological agents" or radioactive materials

selected or modified to increase their effectiveness in

producing casualties in humans or animals, degrading

equipment or damaging crops or the environment;

b.

Chemical warfare (CW) agents, including

1. CW nerve agents

a.

O-Alkyl (equal to or less than

C10, including cycloalkyl) alkyl (Methyl,

Ethyl,

n-Propyl

or

Isopropyl)

-

phosphonofluoridates, such as: Sarin

(GB):O-Isopropyl

methylphosphonofluoridate (CAS 107-44-

8);

and

Soman

(GD):O-Pinacolyl

methylphosphonofluoridate (CAS 96-64-0);

b.

O-Alkyl (equal to or less than

C10, including cycloalkyl) N,N-dialkyl

(Methyl, Ethyl, n-Propyl or Isopropyl)

phosphoramidocyanidates, such as: Tabun

(GA):O-Ethyl

N,N-

dimethylphosphoramidocyanidate (CAS 77-

81-6);

c.

O-Alkyl (H or equal to or less

than C10, including cycloalkyl) S-2-dialkyl

(Methyl, Ethyl, n-Propyl or Isopropyl)-

aminoethyl alkyl (Methyl, Ethyl, n-Propyl

or Isopropyl) phosphonothiolates and

corresponding alkylated and protonated

salts, such as: VX: O-Ethyl S-2-

diisopropylaminoethyl

methyl

phosphonothiolate (CAS 50782-69-9);

2. CW vesicant agents

a.

Sulphur mustards, such as

1. 2-

Chloroethylchloromethylsulphide

(CAS 2625-76-5);

2. Bis(2-chloroethyl)

sulphide (CAS 505-60-2);

3. Bis(2-chloroethylthio)

methane (CAS 63869-13-6);

4. 1,2-bis (2-chloroethylthio)

ethane (CAS 3563-36-8);

5. 1,3-bis (2-chloroethylthio)

-n-propane (CAS 63905-10-2);

6. 1,4-bis (2-chloroethylthio)

-n-butane (CAS 142868-93-7);

Malta Government Gazette — Legal Notice 2023 251 · Gazzetta tal-Gvern ta’ Malta Nru. 21,136– 20.10.2023<P Class=Msonormal — Products (Amendment) Regulations, 2023

1,5-bis (2-chloroethylthio)

-n-pentane (CAS 142868-94-8);

Malta Government Gazette — Legal Notice 2023 251 · Gazzetta tal-Gvern ta’ Malta Nru. 21,136– 20.10.2023<P Class=Msonormal — Products (Amendment) Regulations, 2023

Bis

(2-

chloroethylthiomethyl) ether (CAS

63918-90-1);

Malta Government Gazette — Legal Notice 2023 251 · Gazzetta tal-Gvern ta’ Malta Nru. 21,136– 20.10.2023<P Class=Msonormal — Products (Amendment) Regulations, 2023

Bis

(2-

chloroethylthioethyl) ether (CAS

63918-89-8);

b.

Lewisites, such as

1. 2-

chlorovinyldichloroarsine (CAS 541-

25-3);

2. Tris (2-chlorovinyl) arsine

(CAS 40334-70-1);

3. Bis

(2-chlorovinyl)

chloroarsine (CAS 40334-69-8);

c.

Nitrogen mustards, such as

1. HN1: bis (2-chloroethyl)

ethylamine (CAS 538-07-8);

2. HN2: bis (2-chloroethyl)

methylamine (CAS 51-75-2);

3. HN3: tris (2-chloroethyl)

amine (CAS 555-77-1);

3. CW incapacitating agents, such as

a.

3-Quinuclidinyl benzilate (BZ)

(CAS 6581-06-2);

4. CW defoliants, such as

a.

Butyl

2-chloro-4-

fluorophenoxyacetate (LNF);

b.

2,4,5-trichlorophenoxyacetic

acid (CAS 93-76-5) mixed with 2,4-

dichlorophenoxyacetic acid (CAS 94-75-7)

(Agent Orange (CAS 39277-47-9)).

ML7.c.

c.

CW binary precursors and key precursors, as

follows

1. Alkyl (Methyl, Ethyl, n-Propyl or

Isopropyl) Phosphonyl Difluorides, such as: DF

Methyl Phosphonyldifluoride (CAS 676-99-3);

2. O-Alkyl (H or equal to or less than

C10, including cycloalkyl) O-2-dialkyl (Methyl,

Ethyl, n-Propyl or Isopropyl)-aminoethyl alkyl

(Methyl, Ethyl, n-Propyl or Isopropyl)

phosphonites and corresponding alkylated and

protonated salts, such as: QL: O-Ethyl O-2-di-

isopropylaminoethyl methylphosphonite (CAS

57856-11-8);

3. Chlorosarin

O-Isopropyl

methylphosphonochloridate (CAS 1445-76-7);

4. Chlorosoman

O-Pinacolyl

methylphosphonochloridate (CAS 7040-57-5).

ML7.d.

d.

"Riot control agents", active constituent

chemicals and combinations thereof, including

1. α-Bromobenzeneacetonitrile,

(Bromobenzyl cyanide) (CA) (CAS 5798-79-8);

2. [(2-chlorophenyl)

methylene]

propanedinitrile,

(o-

Chlorobenzylidenemalononitrile (CS) (CAS

2698-41-1);

3. 2-Chloro-1-phenylethanone,

Phenylacyl chloride (ω-chloroacetophenone)

(CN) (CAS 532-27-4);

4. Dibenz-(b,f)-1,4-oxazephine,

(CR)

(CAS 257-07-8);

5. 10-Chloro-5,10-dihydrophenarsazine,

(Phenarsazine chloride), (Adamsite), (DM) (CAS

578-94-9);

6. N-Nonanoylmorpholine, (MPA) (CAS

5299-64-9);

Note 1: ML7.d. does not apply to "riot control

agents" individually packaged for personal self-defence

purposes.

Note 2: ML7.d. does not apply to active

constituent chemicals, and combinations thereof,

identified and packaged for food production or medical

purposes.

e.

Equipment specially designed or modified

for military use, designed or modified for the

dissemination of any of the following, and specially

designed components therefor

1. Materials or agents specified by

ML7.a., ML7.b. or ML7.d.; or

2. CW agents made up of precursors

specified in item ML7.c.;

f.

Protective and decontamination equipment,

specially designed or modified for military use,

components and chemical mixtures, as follows

1. Equipment designed or modified for

defence against materials specified by ML7.a.,

ML7.b. or ML7.d., and specially designed

components therefor;

2. Equipment designed or modified for

decontamination of objects contaminated with

materials specified by ML7.a. or ML7.b., and

specially designed components therefor;

3. Chemical

mixtures

specially

developed or formulated for the decontamination

of objects contaminated with materials specified

in items ML7.a. or ML7.b.;

Note: ML7.f.1. includes

a.

Air conditioning units specially

designed or modified for nuclear, biological or

chemical filtration;

b.

Protective clothing.

N.B. For civil gas masks, protective and

decontamination equipment, see also entry 1A004 on

the EU Dual-Use List.

g.

Equipment specially designed or modified

for military use designed or modified for the detection

or identification of materials specified in items ML7.a.,

ML7.b. or ML7.d., and specially designed components

therefor;

Note: ML7.g. does not apply to personal radiation

monitoring dosimeters.

Note: See also entry 1A004 on the EU Dual-Use

List.

h.

"Biopolymers" specially designed or

processed for the detection or identification of CW

agents specified by ML7.b., and the cultures of specific

cells used to produce them;

i.

"Biocatalysts" for the decontamination or

degradation of CW agents, and biological systems

therefor, as follows

1. "Biocatalysts" specially designed for

the decontamination or degradation of CW agents

specified by ML7.b., and resulting from directed

laboratory selection or genetic manipulation of

biological systems;

2. Biological systems containing the

genetic information specific to the production of

"biocatalysts" specified by ML7.i.1., as follows

a.

"Expression vectors";

b.

Viruses;

c.

Cultures of cells.

Note 1: ML7.b. and ML7.d. do not apply to the

following

a.

Cyanogen chloride (CAS 506-77-4).

see entry 1C450.a.5. on the EU Dual-Use List;

b.

Hydrocyanic acid (CAS 74-90-8);

c.

Chlorine (CAS 7782-50-5);

d.

Carbonyl chloride (phosgene) (CAS

75-44-5). see entry 1C450.a.4. on the EU Dual-

Use List;

e.

Diphosgene

(trichloromethyl-

chloroformate) (CAS 503-38-8);

f.

Not used since 2004;

g.

Xylyl bromide, ortho: (CAS 89-92-9),

meta: (CAS 620-13-3), para: (CAS 104-81-4);

h.

Benzyl bromide (CAS 100-39-0);

i.

Benzyl iodide (CAS 620-05-3);

j.

Bromo acetone (CAS 598-31-2);

k.

Cyanogen bromide (CAS 506-68-3);

l.

Bromo methylethylketone (CAS 816-

40-0);

m. Chloro acetone (CAS 78-95-5);

n.

Ethyl iodoacetate (CAS 623-48-3);

o.

Iodo acetone (CAS 3019-04-3);

p.

Chloropicrin (CAS 76-06-2). seeentry

1C450.a.7. on the EU Dual-Use List.

Note 2: The cultures of cells and biological

systems specified by

ML7.h. and ML7.i.2. are

exclusive and these sub-items do not apply to cells or

biological systems for civil purposes, such as

agricultural, pharmaceutical, medical, veterinary,

environmental, waste management, or in the food

industry.

"Energetic materials", and related substances,

as follows

N.B.1. See also entry 1C011 on the EU Dual-Use

List.

N.B.2. For charges and devices, see ML4 and

entry 1A008 on the EU Dual-Use List.

Technical Notes

1. For the purposes of ML8, excluding

ML8.c.11. or ML8.c.12, ‘mixture’ refers to the

composition of two (2) substances or more with at least

one (1) substance being listed in ML8.

2. Any substance listed in ML8 is subject to

this list, even when utilised in an application other than

that indicated. (e.g. TAGN is predominantly used as an

explosive but can also be used either as a fuel or an

oxidizer.)

3. For the purposes of ML8., particle size is the

mean particle diameter on a weight or volume basis.

International or equivalent national standards will be

used in sampling and determining particle size.

a.

"Explosives" as follows, and 'mixtures'

thereof

1. ADNBF (aminodinitrobenzofuroxan

or

7-amino-4,6-dinitrobenzofurazane-1-oxide)

(CAS 97096-78-1);

2. BNCP (cis-bis (5-nitrotetrazolato)

tetra amine-cobalt (III) perchlorate) (CAS

117412-28-9);

3. CL-14 (diamino dinitrobenzofuroxan

or

5,7-diamino-4,6-dinitrobenzofurazane-1-

oxide) (CAS 117907-74-1);

4. CL-20

(HNIW

or

Hexanitrohexaazaisowurtzitane) (CAS 135285-

90-4); chlathrates of CL-20 (see also items

ML8.g.3. and g.4. for its "precursors");

5. CP (2-(5-cyanotetrazolato) penta

amine-cobalt (III) perchlorate) (CAS 70247-32-

4);

6. DADE

(1,1-diamino-2,2-

dinitroethylene, FOX-7) (CAS 145250-81-3);

7. DATB (diaminotrinitrobenzene) (CAS

1630-08-6);

8. DDFP

(1,4-

dinitrodifurazanopiperazine);

9. DDPO

(2,6-diamino-3,5-

dinitropyrazine-1-oxide, PZO) (CAS 194486-77-

6);

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DIPAM

(3,3'-diamino-2,2',4,4',6,6'-

hexanitrobiphenyl or dipicramide) (CAS 17215-

44-0);

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DNGU (DINGU or dinitroglycoluril)

(CAS 55510-04-8);

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Furazans as follows

a.

DAAOF (DAAF, DAAFox, or

diaminoazoxyfurazan);

b.

DAAzF

(diaminoazofurazan)

(CAS 78644-90-3);

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HMX and derivatives (see also

ML8.g.5. for its "precursors"), as follows

a.

HMX

(Cyclotetramethylenetetranitramine,

octahydro-1,3,5,7-tetranitro-1,3,5,7-

tetrazine, 1,3,5,7-tetranitro-1,3,5,7-tetraza-

cyclooctane, octogen or octogene) (CAS

2691-41-0);

b.

difluoroaminated analogs of

HMX;

c.

K-55 (2,4,6,8-tetranitro-2,4,6,8-

tetraazabicyclo

[3,3,0]-octanone-3,

tetranitrosemi glycouril or keto-bicyclic

HMX) (CAS 130256-72-3);

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HNAD (hexanitroadamantane) (CAS

143850-71-9);

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HNS (hexanitrostilbene) (CAS 20062-

22-0);

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Imidazoles as follows

a.

BNNII

(Octahydro-2,5-

bis(nitroimino)imidazo [4,5-d]imidazole);

b.

DNI

(2,4-dinitroimidazole)

(CAS 5213-49-0);

c.

FDIA

(1-fluoro-2,4-

dinitroimidazole);

d.

NTDNIA (N-(2-nitrotriazolo)-

2,4-dinitroimidazole);

e.

PTIA

(1-picryl-2,4,5-

trinitroimidazole);

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NTNMH

(1-(2-nitrotriazolo)-2-

dinitromethylene hydrazine);

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NTO (ONTA or 3-nitro-1,2,4-triazol-

5-one) (CAS 932-64-9);

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Polynitrocubanes with more than four

nitro groups;

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PYX

(2,6-Bis(picrylamino)-3,5-

dinitropyridine) (CAS 38082-89-2);

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RDX and derivatives, as follows

a.

RDX

(cyclotrimethylenetrinitramine, cyclonite,

T4, hexahydro-1,3,5-trini tro-1,3,5-triazine,

1,3,5-trinitro-1,3,5-triaza-cyclohexane,

hexogen or hexogene) (CAS 121-82-4);

b.

Keto-RDX (K-6 or 2,4,6-

trinitro-2,4,6-triazacyclohexanone)

(CAS

115029-35-1);

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TAGN

(triaminoguanidinenitrate)

(CAS 4000-16-2);

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TATB (triaminotrinitrobenzene) (CAS

3058-38-6) (see also ML8.g.7 for its

"precursors");

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TEDDZ

(3,3,7,7-

tetrabis(difluoroamine)

octahydro-1,5-dinitro-

1,5-diazocine);

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Tetrazoles as follows

a.

NTAT

(nitrotriazol

aminotetrazole);

b.

NTNT (1-N-(2-nitrotriazolo)-4-

nitrotetrazole);

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Tetryl (trinitrophenylmethylnitramine)

(CAS 479-45-8);

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TNAD

(1,4,5,8-tetranitro-1,4,5,8-

tetraazadecalin) (CAS 135877-16-6) (see also

ML8.g.6. for its "precursors");

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TNAZ (1,3,3-trinitroazetidine) (CAS

97645-24-4) (see also ML8.g.2. for its

"precursors");

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TNGU

(SORGUYL

or

tetranitroglycoluril) (CAS 55510-03-7);

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TNP

(1,4,5,8-tetranitro-

pyridazino[4,5-d]pyridazine) (CAS 229176-04-

9);

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Triazines as follows

a.

DNAM

(2-oxy-4,6-

dinitroamino-s-triazine) (CAS 19899-80-0);

b.

NNHT

(2-nitroimino-5-nitro-

hexahydro-1,3,5-triazine) (CAS 130400-13-

4);

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Triazoles as follows

a.

5-azido-2-nitrotriazole;

b.

ADHTDN

(4-amino-3,5-

dihydrazino-1,2,4-triazole

dinitramide)

(CAS 1614-08-0);

c.

ADNT

(1-amino-3,5-dinitro-

1,2,4-triazole);

d.

BDNTA

([bis-

dinitrotriazole]amine);

e.

DBT (3,3′-dinitro-5,5-bi-1,2,4-

triazole) (CAS 30003-46-4);

f.

DNBT (dinitrobistriazole) (CAS

70890-46-9);

g.

Not used since 2010 ;

h.

NTDNT (1-N-(2-nitrotriazolo)

3,5-dinitrotriazole);

i.

PDNT

(1-picryl-3,5-

dinitrotriazole);

j.

TACOT

(tetranitrobenzotriazolobenzotriazole) (CAS

25243-36-1);

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"Explosives" not listed elsewhere in

ML8.a. and having any of the following

a.

Detonation velocity exceeding

8,700 m/s, at maximum density, or

b.

Detonation pressure exceeding

34 GPa (340 kbar);

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Not used since 2013;

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DNAN (2,4-dinitroanisole) (CAS 119-

27-7);

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TEX

(4,10-Dinitro-2,6,8,12-

tetraoxa-4,10-diazaisowurtzitane);

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GUDN (Guanylurea dinitramide)

FOX-12 (CAS 217464-38-5);

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Tetrazines as follows

a.

BTAT

(Bis(2,2,2-trinitroethyl)-3,6-

diaminotetrazine);

b.

LAX-112

(3,6-diamino-1,2,4,5-

tetrazine-1,4-dioxide);

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Energetic ionic materials melting

between 343 K (70°C) and 373 K (100°C) and

with detonation velocity exceeding 6,800 m/s or

detonation pressure exceeding 18 GPa (180 kbar);

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BTNEN

(Bis(2,2,2-trinitroethyl)-

nitramine) (CAS 19836-28-3);

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FTDO (5,6-(3',4'-furazano)- 1,2,3,4-

tetrazine-1,3-dioxide);

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EDNA (Ethylenedinitramine) (CAS

505-71-5);

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TKX-50 (Dihydroxylammonium 5,5'-

bistetrazole-1,1'-diolate);

Note: ML8.a. includes 'explosive co-crystals'.

Technical Note

An 'explosive co-crystal' is a solid material

consisting of an ordered three dimensional arrangement

of two or more explosive molecules, where at least one

is specified by ML8.a.

b.

"Propellants" as follows

1. Any solid "propellant" with a

theoretical specific impulse (under standard

conditions) of more than

a.

240 seconds for non-metallized,

non-halogenized "propellant";

b.

250 seconds for non-metallized,

halogenized "propellant"; or

c.

260 seconds for metallized

"propellant";

2. Not used since 2013;

3. "Propellants" having a force constant

of more than 1,200 kJ/kg;

4. "Propellants" that can sustain a steady-

state linear burning rate of more than 38mm/s

under standard conditions (as measured in the

form of an inhibited single strand) of 6.89 MPa

(68.9 bar) pressure and 294 K (21 °C);

5. Elastomer Modified Cast Double Base

(EMCDB) "propellants" with extensibility at

maximum stress of more than 5% at 233 K (-

40oC);

6. Any

"propellant"

containing

substances specified by ML8.a.;

7. "Propellants", not specified elsewhere

in this Schedule, specially designed for military

use;

ML8.c.

c.

"Pyrotechnics", fuels and related substances,

as follows, and 'mixtures' thereof

1. "Aircraft" fuels specially formulated

for military purposes;

Note 1: ML8.c.1 does not apply to the following

"aircraft" fuels: JP-4, JP-5, and JP-8.

Note 2: "Aircraft" fuels specified in ML8.c.1. are

finished products, not their constituents.

2. Alane (aluminium hydride) (CAS

7784-21-6);

3. Boranes, as follows, and their

derivatives

a.

Carboranes;

b.

Borane homologues, as follows

1. Decaborane (14) (CAS

17702-41-9);

2. Pentaborane (9) (CAS

19624-22-7);

3. Pentaborane (11) (CAS

18433-84-6);

4. Hydrazine and derivatives, as follows

(see also ML8.d.8. and d.9. for oxidising

hydrazine derivatives)

a.

Hydrazine (CAS 302-01-2) in

concentrations of 70% or more;

b.

Monomethyl hydrazine (CAS

60-34-4);

c.

Symmetrical dimethyl hydrazine

(CAS 540-73-8);

d.

Unsymmetrical

dimethyl

hydrazine (CAS 57-14-7);

Note: ML8.c.4.a. does not apply to hydrazine

'mixtures' specially formulated for corrosion control.

5. Metal fuels, fuel 'mixtures' or

"pyrotechnic" 'mixtures', in particle form whether

spherical, atomised, spheroidal, flaked or ground,

manufactured from material consisting of 99% or

more of any of the following

a.

Metals,

as

follows,

and

'mixtures' thereof

1. Beryllium (CAS 7440-41-7) in

particle sizes of less than 60 μm;

2. Iron powder (CAS 7439-89-6)

with particle size of 3 μm or less produced

by reduction of iron oxide with hydrogen;

b.

'Mixtures' containing any of the

following

1. Zirconium (CAS 7440-67-

7), magnesium (CAS 7439-95-4) or

alloys of these in particle sizes of less

than 60 μm; or

2. Boron (CAS 7440-42-8) or

boron carbide (CAS 12069-32-8) fuels

of 85 % purity or higher and particle

sizes of less than 60 μm;

Note 1: ML8.c.5. applies to "explosives" and

fuels, whether or not the metals or alloys are

encapsulated in aluminium, magnesium, zirconium, or

beryllium.

Note 2: ML8.c.5.b. only applies to metal fuels in

particle form when they are mixed with other

substances to form a 'mixture' formulated for military

purposes such as liquid "propellant" slurries, solid

"propellants", or "pyrotechnic" 'mixtures'.

Note 3: ML8.c.5.b.2. does not apply to boron and

boron carbide enriched with boron-10 (20% or more of

total boron-10 content.)

6. Military

materials,

containing

thickeners for hydrocarbon fuels, specially

formulated for use in flame throwers or

incendiary munitions, such as metal stearates (e.g.

octal (CAS 637-12-7)) or palmitates;

7. Perchlorates, chlorates and chromates,

composited with powdered metal or other high

energy fuel components;

8. Spherical or spheroidal aluminium

powder (CAS 7429-90-5) with a particle size of

60 μm or less and manufactured from material

with an aluminium content of 99% or more;

9. Titanium subhydride (TiHn) of

stoichiometry equivalent to n = 0.65-1.68;

10. Liquid high energy density fuels not

specified in ML8.c.1., as follows

a.

Mixed fuels, that incorporate

both solid and liquid fuels (e.g. boron

slurry), having a mass- based energy density

of 40 MJ/kg or greater;

b.

Other high energy density fuels

and fuel additives (e.g. cubane, ionic

solutions, JP-7, JP-10), having a volume-

based energy density of 37.5 GJ per cubic

meter or greater, measured at 293 K (20°C)

and one atmosphere (101.325 kPa) pressure;

Note: ML8.c.10.b. does not apply to fossil refined

fuels or biofuels, or fuels for engines certified for use in

civil aviation.

11. "Pyrotechnic"

and

pyrophoric

materials, as follows

a.

"Pyrotechnic" or pyrophoric

materials specifically formulated to enhance

or control the production of radiated energy

in any part of the IR spectrum;

b.

Mixtures

of

magnesium,

polytetrafluoroethylene (PTFE) and a

vinylidene difluoride- hexafluoropropylene

copolymer (e.g. MTV);

12. Fuel mixtures, "pyrotechnic" mixtures

or "energetic materials", not specified elsewhere

in ML8, having all of the following

a.

Containing greater than 0.5% of

particles of any of the following

1. Aluminium;

2. Beryllium;

3. Boron;

4. Zirconium;

5. Magnesium; or

6. Titanium;

b.

Particles

specified

by

ML8.c.12.a. with a size less than 200 nm in

any direction; and

c.

Particles

specified

by

ML8.c.12.a. with a metal content of 60% or

greater;

Note: ML8.c.12. includes thermites.

ML8.d.

d.

Oxidizers, as follows, and 'mixtures' thereof

1. ADN (ammonium dinitramide or SR

12) (CAS 140456-78-6);

2. AP (ammonium perchlorate) (CAS

7790-98-9);

3. Compounds composed of fluorine and

any of the following

a.

Other halogens;

b.

Oxygen; or

c.

Nitrogen;

Note 1: ML8.d.3. does not apply to chlorine

trifluoride (CAS 7790-91-2).

Note 2: ML8.d.3 does not apply to nitrogen

trifluoride (CAS 7783-54-2) in its gaseous state.

4. DNAD (1,3-dinitro-1,3-diazetidine)

(CAS 78246-06-7);

5. HAN (hydroxylammonium nitrate)

(CAS 13465-08-2);

6. HAP

(hydroxylammonium

perchlorate) (CAS 15588-62-2);

7. HNF (hydrazinium nitroformate)

(CAS 20773-28-8);

8. Hydrazine nitrate (CAS 37836-27-4);

9. Hydrazine perchlorate (CAS 27978-

54-7);

10. Liquid oxidisers comprised of or

containing inhibited red fuming nitric acid

(IRFNA) (CAS 8007-58-7);

Note: ML8.d.10 does not apply to non-inhibited

fuming nitric acid.

ML8.e.

e.

Binders, plasticisers, monomers and

polymers, as follows

1. AMMO (azidomethylmethyloxetane

and its polymers) (CAS 90683-29-7) (see also

ML8.g.1. for its "precursors");

2. BAMO (3,3-bis(azidomethyl)oxetane

and its polymers) (CAS 17607-20-4) (see also

ML8.g.1. for its "precursors");

3. BDNPA (bis (2,2-dinitropropyl)acetal)

(CAS 5108-69-0);

4. BDNPF

(bis

(2,2-

dinitropropyl)formal) (CAS 5917-61-3);

5. BTTN (butanetrioltrinitrate) (CAS

6659-60-5) (see also ML8.g.8. for its

"precursors");

6. Energetic monomers, plasticizers or

polymers, specially formulated for military use

and containing any of the following;

a.

Nitro groups;

b.

Azido groups;

c.

Nitrate groups;

d.

Nitraza groups; or

e.

Difluoroamino groups;

7. FAMAO (3-difluoroaminomethyl-3-

azidomethyl oxetane) and its polymers;

8. FEFO (bis-(2-fluoro-2,2-dinitroethyl)

formal) (CAS 17003-79-1);

9. FPF-1

(poly-2,2,3,3,4,4-

hexafluoropentane-1,5-diol formal) (CAS 376-

90-9);

10. FPF-3 (poly-2,4,4,5,5,6,6-heptafluoro-

2-tri-fluoromethyl-3-oxaheptane-1,7-diol formal);

11. GAP (glycidylazide polymer) (CAS

143178-24-9) and its derivatives;

12. HTPB

(hydroxyl

terminated

polybutadiene) with a hydroxyl functionality

equal to or greater than 2.2 and less than or equal

to 2.4, a hydroxyl value of less than 0.77 meq/g,

and a viscosity at 30 °C of less than 47 poise

(CAS 69102-90-5);

13. Alcohol

functionalised

poly(epichlorohydrin) with a molecular weight

less than 10,000, as follows

a.

Poly(epichlorohydrindiol);

b.

Poly(epichlorohydrintriol)

14. NENAs

(nitratoethylnitramine

compounds) (CAS 17096-47-8, 85068-73-1,

82486-83-7, 82486-82-6 and 85954-06-9);

15. PGN (poly-GLYN, polyglycidylnitrate

or poly(nitratomethyl oxirane)) (CAS 27814-48-

8);

16. Poly-NIMMO

(poly

(nitratomethylmethyloxetane), poly-NMMO or

poly(3-Nitratomethyl- 3-methyloxetane)) (CAS

84051-81-0);

17. Polynitroorthocarbonates;

18. TVOPA

(1,2,3-tris[1,2-

bis(difluoroamino)ethoxy] propane or tris vinoxy

propane adduct) (CAS 53159-39-0);

19. 4,5

diazidomethyl-2-methyl-1,2,3-

triazole (iso- DAMTR);

20. PNO (Poly(3-nitrato oxetane));

21. TMETN (Trimethylolethane trinitrate)

(CAS 3032-55-1);

ML8.f.

f.

"Additives" as follows

1. Basic copper salicylate (CAS 62320-

94-9);

2. BHEGA

(bis-(2-hydroxyethyl)

glycolamide) (CAS 17409-41-5);

3. BNO (butadienenitrileoxide) ;

4. Ferrocene derivatives as follows

a.

Butacene (CAS 125856-62-4);

b.

Catocene

(2,2-bis-

ethylferrocenyl propane) (CAS 37206-42-

1);

c.

Ferrocene carboxylic acids and

ferrocene carboxylic acid esters;

d.

n-butyl-ferrocene (CAS 31904-

29-7);

e.

Other

adducted

polymer

ferrocene

derivatives

not

specified

elsewhere in ML8.f.4. ;

f.

Ethyl ferrocene (CAS 1273-89-

8);

g.

Propyl ferrocene;

h.

Pentyl ferrocene (CAS 1274-00-

6);

i.

Dicyclopentyl ferrocene;

j.

Dicyclohexyl ferrocene;

k.

Diethyl ferrocene (CAS 1273-

97-8);

l.

Dipropyl ferrocene;

m. Dibutyl ferrocene (CAS 1274-

08-4);

n.

Dihexyl ferrocene (CAS 93894-

59-8);

o.

Acetyl ferrocene (CAS 1271-55-

2)/1,1’-diacetyl ferrocene (CAS 1273-94-5);

5. Lead beta-resorcylate (CAS 20936-32-

7) or copper beta-resorcylate (CAS 70983-44-7);

6. Lead citrate (CAS 14450-60-3);

7. Lead-copper

chelates

of

beta-

resorcylate or salicylates (CAS 68411-07-4);

8. Lead maleate (CAS 19136-34-6);

9. Lead salicylate (CAS 15748-73-9);

10. Lead stannate (CAS 12036-31-6);

11. MAPO

(tris-1-(2-methyl)aziridinyl

phosphine oxide) (CAS 57-39-6); BOBBA 8

(bis(2-methyl

aziridinyl)

2-(2-

hydroxypropanoxy) propylamino phosphine

oxide); and other MAPO derivatives;

12. Methyl

BAPO

(bis(2-methyl

aziridinyl) methylamino phosphine oxide) (CAS

85068-72-0);

13. N-methyl-p-nitroaniline (CAS 100-15-

2);

14. 3-Nitraza-1,5-pentane

diisocyanate

(CAS 7406-61-9);

15. Organo-metallic coupling agents as

follows

a.

Neopentyl[diallyl]oxy,

tri[dioctyl]phosphato-titanate (CAS 103850-

22-2); also known as titanium IV, 2,2[bis 2-

propenolato-methyl,

butanolato,

tris

(dioctyl) phosphato] (CAS 110438-25-0); or

LICA 12 (CAS 103850-22-2);

b.

Titanium IV, [(2-propenolato-1)

methyl, n-propanolatomethyl] butanolato-1,

tris [dioctyl] pyrophosphate or KR3538;

c.

Titanium IV, [(2-propenolato-

1)methyl, n-propanolatomethyl] butanolato-

1, tris(dioctyl)phosphate;

16. Polycyanodifluoroaminoethyleneoxide;

17. Bonding agents as follows

a.

1,1R,1S-trimesoyl-tris(2-

ethylaziridine) (HX-868, BITA) (CAS 7722-

73-8);

b.

Polyfunctional aziridine amides

with isophthalic, trimesic, isocyanuric or

trimethyladipic backbone also having a 2-

methyl or 2-ethyl aziridine group;

Note: ML.8.f.17.b. includes

a.

1,1H-Isophthaloyl-bis(2-

methylaziridine)(HX-752) (CAS 7652-64-4);

b.

2,4,6-tris(2-ethyl-1-aziridinyl)-1,3,5-

triazine (HX-874) (CAS 18924-91-9);

c.

1,1'-trimethyladipoyl-bis(2-

ethylaziridine) (HX-877)(CAS 71463-62-2).

18. Propyleneimine (2-methylaziridine)

(CAS 75-55-8);

19. Superfine iron oxide (Fe2O3) (CAS

1317-60-8) with a specific surface area more than

250 m2/g and an average particle size of 3.0 nm

or less;

20. TEPAN

(tetraethylenepentaamineacrylonitrile)

(CAS

68412-45-3); cyanoethylated polyamines and

their salts;

21. TEPANOL

(tetraethylenepentaamineacrylonitrileglycidol)

(CAS

68412-46-4);

cyanoethylated

polyamines adducted with glycidol and their salts;

22. TPB (triphenyl bismuth) (CAS 603-

33-8);

23. TEPB (Tris (ethoxyphenyl) bismuth)

(CAS 90591-48-3);

ML8.g.

g.

"Precursors" as follows

N.B. In ML8.g. the references are to specified

"Energetic Materials" manufactured from these

substances.

1. BCMO

(3,3-

bis(chloromethyl)oxetane)

(CAS

78-71-7)

(seealso ML8.e.1. and ML8e.2.);

2. Dinitroazetidine-t-butyl salt (CAS

125735-38-8) (see also ML8.a.28.);

3. Hexaazaisowurtzitane

derivates

including

HBIW

(hexabenzylhexaazaisowurtzitane) (CAS 124782-

15-6) (see also

ML8.a.4.) and TAIW

(tetraacetyldibenzylhexaazaisowurtzitane) (CAS

182763-60-6) (see also ML8.a.4.);

4. Not used since 2013;

5. TAT (1,3,5,7 tetraacetyl-1,3,5,7,-

tetraaza cyclo-octane) (CAS 41378-98-7) (see

also ML8. a.13.);

6. 1,4,5,8-tetraazadecalin (CAS 5409-42-

7) (see also ML8.a.27.);

7. 1,3,5-trichlorobenzene (CAS 108-70-

3) (vide also ML8.a.23.);

8. 1,2,4-trihydroxybutane(1,2,4-

butanetriol) (CAS 3068-00-6) (see also

ML8.e.5.);

9. DADN (1,5-diacetyl-3,7-dinitro-1, 3,

5, 7-tetraaza-cyclooctane) (see also ML8.a.13.).

ML8.h.

h.

'Reactive material' powders and shapes, as

follows

1. Powders of any of the following

materials, with a particle size less than 250 μm in

any direction and not specified elsewhere by

ML8

a.

Aluminium;

b.

Niobium;

c.

Boron;

d.

Zirconium;

e.

Magnesium;

f.

Titanium;

g.

Tantalum;

h.

Tungsten;

i.

Molybdenum; or

j.

Hafnium;

2. Shapes, not specified by ML3, ML4,

ML12 or ML16, fabricated from powders

specifiedby ML8.h.1.

Technical Notes

1. 'Reactive materials' are designed to produce

an exothermic reaction only at high shear rates and for

use as liners or casings in warheads.

2. 'Reactive material' powders are produced by,

for example, a high energy ball milling process.

3. 'Reactive material' shapes are produced by,

for example, selective laser sintering

Note 1: ML8 does not apply to the following

substances unless they are compounded or mixed with

the "energetic material" specified by ML8.a. or

powdered metals specified by ML8.c.

a.

Ammonium picrate (CAS 131-74-8);

b.

Black powder;

c.

Hexanitrodiphenylamine (CAS 131-

73-7);

d.

Difluoroamine(CAS 10405-27-3);

e.

Nitrostarch (CAS9056-38-6);

f.

Potassium nitrate (CAS 7757-79-1);

g.

Tetranitronaphthalene;

h.

Trinitroanisol;

i.

Trinitronaphthalene;

j.

Trinitroxylene;

k.

N-pyrrolidinone;

1-methyl-2-

pyrrolidinone (CAS 872-50-4);

l.

Dioctylmaleate (CAS 142-16-5);

m. Ethylhexylacrylate (CAS 103-11-7);

n.

Triethylaluminium (TEA) (CAS 97-

93-8), trimethylaluminium (TMA) (CAS 75-24-

1), and other pyrophoric metal alkyls and aryls of

lithium, sodium, magnesium, zinc or boron;

o.

Nitrocellulose (CAS 9004-70-0);

p.

Nitroglycerin (or glyceroltrinitrate,

trinitroglycerine) (NG) (CAS 55-63-0);

q.

2,4,6-trinitrotoluene (TNT) (CAS 118-

96-7);

r.

Ethylenediaminedinitrate

(EDDN)

(CAS 20829-66-7);

s.

Pentaerythritoltetranitrate

(PETN)

(CAS 78-11-5);

t.

Lead azide (CAS 13424-46-9), normal

lead styphnate(CAS 15245-44-0) and basic lead

styphnate (CAS 12403-82-6), and primary

explosives or priming compositions containing

azides or azide complexes;

u.

Triethyleneglycoldinitrate

(TEGDN)(CAS 111-22-8);

v.

2,4,6-trinitroresorcinol (styphnic acid)

(CAS 82-71-3);

w. Diethyldiphenylurea (CAS 85-98-3);

dimethyldiphenylurea(CAS

611-92-7);

methylethyl diphenyl urea [Centralites];

x.

N,N-diphenylurea

(unsymmetrical

diphenylurea) (CAS 603-54-3);

y.

Methyl-N,N-diphenylurea

(methyl

unsymmetrical diphenylurea)(CAS 13114-72-2);

z.

Ethyl-N,N-diphenylurea

(ethyl

unsymmetrical diphenylurea) (CAS 64544-71-

4);

aa. 2-Nitrodiphenylamine (2-NDPA)(CAS

119-75-5); ;

bb. 4-Nitrodiphenylamine (4-NDPA)(CAS

836-30-6);

cc. 2,2-dinitropropanol (CAS 918-52-5)

dd. Nitroguanidine (CAS 556-88-7) (vide

entry 1C011.d. on the EU Dual-Use List).

Note 2: ML8. does not apply to ammonium

perchlorate (ML8.d.2.), NTO (ML8.a.18.) or catocene

(ML8.f.4.b.), and meeting all of the following

a.

Specially shaped and formulated for

civil-use gas generation devices;

b.

Compounded or mixed, with non-

active thermoset binders or plasticizers, and

having a mass of less than 250 g;

c.

Having a maximum of 80%

ammonium perchlorate (ML8.d.2.) in mass of

active material;

d.

Having less than or equal to 4 g of

NTO (ML8.a.18.); and

e.

Having less than or equal to 1 g of

catocene (ML8.f.4.b.).

ML9

Vessels of war (surface or underwater), special naval

equipment, accessories, components and other surface

vessels, as follows

N.B. For guidance and navigation equipment, see

ML11.

ML9.a.

a.

Vessels and components, as follows

1. Vessels (surface or underwater) specially

designed or modified for military use, regardless of

current state of repair or operating condition, and

whether or not they contain weapon delivery

systems or armour, and hulls or parts of hulls for

such vessels, and components therefor specially

designed for military use;

Note: ML9.a.1. includes vehicles specially designed or

modified for the delivery of divers.

2. Surface vessels, not specified by ML9.a.1.,

having any of the following, fixed or integrated into the

vessel

a.

Automatic weapons - specified

by ML1, or weapons specified by ML2,

ML4, ML12 or ML19, or 'mountings' or hard

points for weapons having a calibre of 12.7

mm or greater;

Technical Note

'Mountings' refers to weapon mounts or structural

strengthening for the purpose of installing weapons.

b.

Fire control systems specified by

ML5;

c.

Having all of the following

1. 'Chemical,

Biological,

Radiological and Nuclear (CBRN)

protection'; and

2. 'Pre-wet or wash down

system' designed for decontamination

purposes; or

Technical Notes

1. 'CBRN protection' is a self-contained interior space

containing features such as over-pressurisation, isolation of

ventilation systems, limited ventilation openings equipped with

CBRN filters and limited personnel access points equipped with

air-locks.

2. 'Pre-wet or wash down system' is a seawater spray

system capable of simultaneously wetting the exterior superstructure

and decks of a vessel.

d.

Active weapon countermeasure

systems specified in ML4.b., ML5.c. or ML11.a.

and having any of the following

1. 'CBRN protection';

2. Hull and superstructure,

specially designed to reduce the radar

cross section;

3. Thermal signature reduction

devices, (e.g. an exhaust gas cooling

system), excluding those specially

designed to increase overall power plant

efficiency

or

to

reduce

the

environmental impact; or

4. A

degaussing

system

designed to reduce the magnetic

signature of the whole vessel;

b.

Engines and propulsion systems, as follows,

specially designed for military use and components therefor

specially designed for military use

1. Diesel engines specially designed for

submarines;

2. Electric motors specially designed for

submarines and having all of the following

a.

Power output of more than 0.75

MW (1 000 hp);

b.

Quick reversing;

c.

Liquid cooled; and

d.

Totally enclosed;

3. Diesel engines having all of the

following

a.

Power output of 37.3 kW (50 hp)

or more; and

b.

'Non-magnetic' content in excess

of 75% of total mass;

Technical Note

For the purpose of ML9.b.3., 'non-magnetic' means the

relative permeability is less than 2.

4. 'Air Independent Propulsion' (AIP)

systems specially designed for submarines;

Technical Note

'Air Independent Propulsion' (AIP) allows a submerged

submarine to operate its propulsion system, without access to

atmospheric oxygen, for a longer time than the batteries would have

otherwise allowed. For the purposes of ML9. b.4., AIP does not

include nuclear power.

c.

Underwater detection devices, specially

designed for military use, controls therefor and

components therefor specially designed for military use;

d.

Anti-submarine nets and anti-torpedo nets,

specially designed for military use;

e.

Not used since 2003;

f.

Hull penetrators and connectors, specially

designed for military use, that enable interaction with

equipment external to a vessel, and components therefor

specially designed for military use;

Note: ML9.f. includes connectors for vessels which are of the

single-conductor, multi-conductor, coaxial or waveguide type, and

hull penetrators for vessels, both of which are capable of remaining

impervious to leakage from without and of retaining required

characteristics at marine depths exceeding 100m; and fibre-optic

connectors and optical hull penetrators, specially designed for

"laser" beam transmission, regardless of depth. ML9.f. does not

apply to ordinary propulsive shaft and hydrodynamic control-

rod hull penetrators.

g.

Silent bearings having any of the following,

components therefor and equipment containing those

bearings, specially designed for military use

1. Gas or magnetic suspension;

2. Active signature controls; or

3. Vibration suppression controls.

h.

Nuclear power generating equipment or

propulsion equipment, specially designed for vessels

specified by ML9.a. and components therefor specially

designed or 'modified' for military use.

Technical Note

For the purpose of ML9.h., 'modified' means any structural,

electrical, mechanical, or other change that provides a non- military

item with military capabilities equivalent to an item which is

specially designed for military use.

Note: ML9.h. includes "nuclear reactors".

"Aircraft", "lighter-than-air vehicles", "Unmanned

Aerial Vehicles" ("UAVs"), aero-engines and "aircraft"

equipment, related equipment, and components, as follows,

specially designed or modified for military use

N.B. For guidance and navigation equipment, see

ML11.

a.

Manned "aircraft" and "lighter-than-air vehicles",

and specially designed components therefor;

b.

Not used since 2011;

c.

Unmanned "aircraft" and "lighter-than-air

vehicles", and related equipment, as follows, and specially

designed components therefor

1. "UAVs", Remotely Piloted Air Vehicles

(RPVs), autonomous programmable vehicles and

unmanned "lighter-than-air vehicles";

2. Launchers, recovery equipment and

ground support equipment;

3. Equipment designed for command or

control;

d.

Propulsion aero-engines and specially

designed components therefor;

e.

Airborne refuelling equipment specially

designed or modified for any one of the following, and

specially designed components therefor

1. "Aircraft" specified by ML10.a.; or

2. Unmanned "aircraft" specified by

ML10.c.;

f.

'Ground equipment' specially designed for

"aircraft" specified by ML10.a. or aero-engines specified

by ML10.d.;

Note: ML10.f. includes pressure refuelling equipment and

equipment designed to facilitate operations in confined areas,

including equipment located on board a ship.

g.

Aircrew life support equipment, aircrew safety

equipment and other devices for emergency escape, not

specified by ML10.a., designed for "aircraft" specified

by ML10.a.;

Note: ML10.g. does not control aircrew helmets that do not

incorporate, or have mountings or fittings for, equipment specified

in this Schedule.

N.B. For helmets see also ML13.c.

h.

Parachutes, paragliders and related equipment, as

follows, and specially designed components therefor

1. Parachutes not specified elsewhere in

this Schedule;

2. Paragliders;

3. Equipment specially designed for high

altitude parachutists (e.g. suits, special helmets,

breathing systems, navigation equipment);

i.

Controlled opening equipment or automatic

piloting systems, designed for parachuted loads.

Note 1: ML10.a. does not apply to "aircraft" and "lighter-

than-air vehicles" or variants of those "aircraft", specially

designed for military use and which are all of the following

a.

Not a combat "aircraft";

b.

Not configured for military use and not fitted

with equipment or attachments specially designed or modified

for military use; and

c.

Certified for civil use by civil aviation

authorities of one (1) or more EU Member States or Wassenaar

Arrangement Participating States.

Note 2: ML10.d. does not apply to

a.

Aero-engines designed or modified for

military use which have been certified by civil aviation

authorities of one or more EU Member States or Wassenaar

Arrangement Participating States for use in "civil aircraft",

or specially designed components therefor;

b.

Reciprocating engines or specially designed

components therefor, except those specially designed for

"UAVs".

Note 3: For the purposes of ML10.a. and ML10.d., specially

designed components and related equipment for non-military

"aircraft" or aero-engines modified for military use applies only

to those military components and to military related equipment

required for the modification to military use.

Note 4: For the purposes of ML10.a., military use includes

combat, military reconnaissance, assault, military training, logistics

support, and transporting and airdropping troops or military

equipment.

Note 5: ML10.a. does not apply to "aircrafts" or "lighter-

than-air-vehicles" that meet all of the following

a.

Were first manufactured before 1946;

b.

Do not incorporate items specified in this

Schedule, unless the items are required to meet safety or

airworthiness standards of civil aviation authorities of one

or more EU Member States or Wassenaar Arrangement

Participating States; and

c.

Do not incorporate weapons specified in this

Schedule, unless inoperable and incapable of being

returned to operation.

Note 6: ML10.d. does not apply to propulsion

aero-engines that were first manufactured before 1946.

Electronic equipment, "spacecraft" and components,

not specified elsewhere in this Schedule, as follows

a.

Electronic equipment specially designed for

military use and specially designed components therefor ;

Note: ML11.a. includes

a.

Electronic countermeasure and electronic

counter-countermeasure equipment (i.e. equipment designed

to introduce extraneous or erroneous signals into radar or

radio communication receivers or otherwise hinder the

reception, operation or effectiveness of adversary electronic

receivers including their countermeasure equipment),

including jamming and counter-jamming equipment;

b.

Frequency agile tubes;

c.

Electronic systems or equipment, designed

either for surveillance and monitoring of the electro-

magnetic spectrum for military intelligence or security

purposes or for counteracting such surveillance and

monitoring;

d.

Underwater

countermeasures,

including

acoustic and magnetic jamming and decoy, equipment

designed to introduce extraneous or erroneous signals into

sonar receivers;

e.

Data processing security equipment, data security

equipment and transmission and signalling line security

equipment, using ciphering processes;

f.

Identification, authentification and keyloader

equipment and key management, manufacturing and

distribution equipment;

g.

Guidance and navigation equipment;

h.

Digital troposcatter-radio communications

transmission equipment;

i.

Digital demodulators specially designed for

signals intelligence;

j.

"Automated command and control

systems".

N.B. For "software" associated with military

"Software" Defined Radio (SDR), see item ML21.

b.

"Satellite navigation system" jamming equipment

and specially designed components therefor;

c.

"Spacecraft" specially designed or modified

for military use, and "spacecraft" components specially

designed for military use.

High velocity kinetic energy weapon systems and related

equipment, as follows, and specially designed components

therefor

a.

Kinetic energy weapon systems specially

designed for destruction or effecting mission-abort of a

target;

b.

Specially designed test and evaluation

facilities and test models, including diagnostic

instrumentation and targets, for dynamic testing of

kinetic energy projectiles and systems.

N.B. For weapon systems using sub-calibre ammunition or

employing solely chemical propulsion, and ammunition

therefor, see ML1 to ML4.

Note 1: ML12 includes the following when specially

designed for kinetic energy weapon systems

a.

Launch propulsion systems capable of

accelerating masses larger than 0.1 g to velocities

in excess of 1.6 km/s, in single or rapid fire

modes;

b.

Prime power generation, electric

armour, energy storage (e.g. high energy storage

capacitors), thermal management, conditioning,

switching or fuel-handling equipment; and

electrical interfaces between power supply, gun

and other turret electric drive functions;

N.B. See also 3A001.e.2. on the EU Dual-Use List

for high energy storage capacitors.

c.

Target acquisition, tracking, fire

control or damage assessment systems;

d.

Homing seeker, guidance or divert

propulsion (lateral acceleration) systems for

projectiles.

Note 2: ML12 applies to weapon systems using

any of the following methods of propulsion

a.

Electromagnetic;

b.

Electrothermal;

c.

Plasma;

d.

Light gas;or

e.

Chemical (when used in combination

with any of the above).

Armoured

or

protective

equipment,

constructions and components, as follows

a.

Metallic or non-metallic armoured plate,

having any of the following

1. Manufactured to comply with a

military standard or specification; or

2. Suitable for military use;

N.B. For body armour plates, vide items

ML13.d.2.

b.

Constructions of metallic or non-metallic

materials, or combinations thereof, specially designed

to provide ballistic protection for military systems, and

specially designed components therefor;

c.

Helmets and specially designed components

and accessories therefor, as follows

1. Helmets manufactured according to

military standards or specifications, or

comparable national standards;

2. Shells, liners, or comfort pads,

specially designed for helmets specified in

ML13.c.l;

3. Add-on ballistic protection elements,

specially designed for helmets specified in

ML13.c.l.

N.B. For other military helmet components or

accessories, see the relevant entry in this Schedule.

d.

Body armour or protective garments, and

components therefor, as follows

1. Soft body armour or protective g

arments, manufactured to military standards or

specifications, or to their equivalents, and

specially designed components therefor;

Note: For the purposes of ML13.d.1.,

military standards or specifications include, at a

minimum, specifications for fragmentation

protection.

2. Hard body armour plates providing

ballistic protection equal to or greater than level

III (NIJ 0 101,06, July 2008) or "equivalent

standards".

Note 1: ML13.b. includes materials specially

designed to form explosive reactive armour or to

construct military shelters.

Note 2: ML13.c. does not apply to helmets that

meet all of the following

a.

Were first manufactured before 1970; and

b.

Are neither designed or modified to accept,

nor equipped with items specified by the EU Common

Military List.

Note 3: ML13.c. and d. do not apply to helmets,

body armour or protective garments, when

accompanying their user for the user’s own personal

protection.

Note 4: The only helmets specially designed for

bomb disposal personnel that are specified by ML13.c.

are those specially designed for military use.

N.B.1. See also entry 1A005 on the EU Dual-Use

List.

N.B.2. For "fibrous or filamentary materials" used

in the manufacture of body armour and helmets, see

entry 1C010 on the EU Dual-Use List.

'Specialised equipment for military training' or

for simulating military scenarios, simulators

specially designed for training in the use of any

firearm or weapon specified by ML1 or ML2, and

specially designed components and accessories

therefor.

Technical Note

The term 'specialised equipment for military

training' includes military types of attack trainers,

operational flight trainers, radar target trainers, radar

target generators, gunnery training devices, anti-

submarine warfare trainers, flight simulators (including

human-rated centrifuges for pilot or astronaut training),

radar trainers, instrument flight trainers, navigation

trainers, missile launch trainers, target equipment,

drone "aircraft", armament trainers, pilotless "aircraft"

trainers, mobile training units and training equipment

for ground military operations.

Note 1: ML14 includes image generating and

interactive environment systems for simulators, when

specially designed or modified for military use.

Note 2: ML14 does not apply to equipment

specially designed for training in the use of hunting or

sporting weapons.

Imaging or countermeasure equipment, as

follows, specially designed for military use, and

specially designed components and accessories

therefor

a.

Recorders and image processing

equipment;

b.

Cameras, photographic equipment and

film processing equipment;

c.

Image intensifier equipment;

d.

Infrared

or

thermal

imaging

equipment;

e.

Imaging radar sensor equipment;

f.

Countermeasure

or

counter-

countermeasure equipment, for the equipment

specified by ML15.a. to ML15.e.

Note: ML15.f. includes equipment designed to

degrade the operation or effectiveness of military

imaging systems or to minimize such degrading effects.

Note: ML15. does not apply to "first generation

image intensifier tubes" or equipment specially

designed to incorporate "first generation image

intensifier tubes".

N.B. For the classification of weapons sights

incorporating "first generation image intensifier tubes"

see ML1, ML2. and ML5.a.

N.B. See also entries 6A002.a.2. and 6A002.b. on

the EU Dual-Use List.

Forgings, castings and other unfinished

products, specially designed for items specified by

ML1 to ML4, ML6, ML9, ML10, ML12 or ML19.

Note: ML16. applies to unfinished products when

they are identifiable by material composition, geometry

or function.

Miscellaneous equipment, materials and

"libraries", as follows, and specially designed

components therefor

a.

Diving

and

underwater

swimming

apparatus, specially designed or modified for military

use, as follows

1. Self-contained diving rebreathers,

closed or semi-closed circuit;

2. Underwater swimming apparatus

specially designed for use with the diving

apparatus specified in ML17.a.1.;

N.B. See also 8A002.q. on the EU Dual-Use List.

b.

Construction equipment specially designed

for military use;

c.

Fittings, coatings and treatments, for

signature suppression, specially designed for military

use;

d.

Field engineer equipment specially designed

for use in a combat zone;

e.

"Robots", "robot" controllers and "robot"

"end-effectors", having any of the following

characteristics

1. Specially designed for military use;

2. Incorporating means of protecting

hydraulic lines against externally induced

punctures caused by ballistic fragments (e.g.

incorporating self-sealing lines) and designed to

use hydraulic fluids with flash points higher than

839 K (566 °C); or

3. Specially designed or rated for

operating in an electromagnetic pulse (EMP)

environment;

Technical Note

Electro-magnetic pulse does not refer to

unintentional interference caused by electromagnetic

radiation from nearby equipment (e.g. machinery,

appliances or electronics) or lightning.

f.

"Libraries" specially designed or modified

for military use with systems, equipment or

components, specified in this Schedule;

g.

Nuclear power generating equipment or

propulsion equipment, not specified elsewhere,

specially designed for military use and components

therefor specially designed or 'modified' for military

use;

Note: ML17.g. includes "nuclear reactors".

h.

Equipment and material, coated or treated

for signature suppression, specially designed for

military use, not specified elsewhere in this Schedule;

i.

Simulators specially designed for military

"nuclear reactors";

j.

Mobile repair shops specially designed or

'modified' to service military equipment;

k.

Field generators specially designed or

'modified' for military use;

l.

ISO intermodal containers or demountable

vehicle bodies (i.e. swap bodies), specially designed or

'modified' for military use;

m. Ferries, not specified elsewhere in this

Schedule, bridges and pontoons, specially designed for

military use;

n.

Test models specially designed for the

"development" of items specified by ML4, ML6, ML9

or ML10;

o.

"Laser" protection equipment (e.g. eye or

sensor protection) specially designed for military use;

p.

"Fuel cells", not specified elsewhere in this

Schedule, specially designed or 'modified' for military

use.

Technical Notes

1. Not used since 2014.

2. For the purpose of ML17, 'modified' means

any structural, electrical, mechanical, or other change

that provides a non-military item with military

capabilities equivalent to an item which is specially

designed for military use.

'Production' equipment, environmental test

facilities and components, as follows

a.

Specially designed or modified

'production' equipment for the 'production' of

products specified in this Schedule, and specially

designed components therefor;

b.

Specially designed environmental test

facilities and specially designed equipment

therefor, for the certification, qualification or

testing of products specified in this Schedule.

Technical Note

For the purposes of ML18, the term 'production'

includes design, examination, manufacture, testing and

checking.

Note: ML18.a. and ML18.b. include the following

equipment

a.

Continuous nitrators;

b.

Centrifugal testing apparatus or

equipment having any of the following

1. Driven by motors having a total

rated horsepower of more than 298 kW (400

hp);

2. Capable of carrying a payload of

113 kg or more;or

3. Capable of exerting a centrifugal

acceleration of 8g or more on a payload of

91kg or more;

c.

Dehydration presses;

d.

Screw extruders specially designed or

modified for military "explosive" extrusion;

e.

Cutting machines for the sizing of

extruded "propellants";

f.

Sweetie barrels (tumblers) 1.85 m or

more in diameter and having over 227kg product

capacity;

g.

Continuous

mixers

for

solid

"propellants";

h.

Fluid energy mills for grinding or

milling the ingredients of military "explosives";

i.

Equipment to achieve both sphericity

and uniform particle size in metal powder listed in

ML8.c.8.;

j.

Convection current converters for the

conversion of materials listed in ML8.c.3.

Directed Energy Weapon (DEW) systems,

related or countermeasure equipment and test

models, as follows, and specially designed

components therefor

a.

"Laser" systems specially designed for

destruction or effecting mission-abort of a target;

b.

Particle beam systems capable of

destruction or effecting mission-abort of a target;

c.

High power Radio-Frequency (RF)

systems capable of destruction or effecting

mission-abort of a target;

d.

Equipment specially designed for the

detection or identification of, or defence against,

systems specified by ML19.a. to ML19.c.

e.

Physical test models for the systems,

equipment and components, specified by ML19;

f.

"Laser" systems specially designed to

cause permanent blindness to unenhanced vision,

i.e. to the naked eye or to the eye with corrective

eyesight devices.

Note 1: DEW systems specified by ML19 include

systems whose capability is derived from the controlled

application of

a.

"Lasers" of sufficient power to effect

destruction similar to the manner of conventional

ammunition;

b.

Particle accelerators which project a

charged or neutral particle beam with destructive

power;

c.

High pulsed power or high average

power radio frequency beam transmitters, which

produce fields sufficiently intense to disable

electronic circuitry at a distant target.

Note: ML19 includes the following when

specially designed for DEW systems

a.

Prime power generation, energy

storage, switching, power conditioning or fuel-

handling equipment;

b.

Target acquisition or tracking systems;

c.

Systems capable of assessing target

damage, destruction or mission-abort;

d.

Beam-handling,

propagation

or

pointing equipment;

e.

Equipment with rapid beam slew

capability for rapid multiple target operations;

f.

Adaptive

optics

and

phase

conjugators;

g.

Current

injectors

for

negative

hydrogen ion beams;

h.

"Space-qualified"

accelerator

components;

i.

Negative ion beam funnelling

equipment;

j.

Equipment for controlling and slewing

a high energy ion beam;

k.

"Space-qualified" foils for neutralising

negative hydrogen isotope beams.

Cryogenic and "superconductive" equipment,

as follows, and specially designed components and

accessories therefor

a.

Equipment 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);

Note: ML20.a. includes mobile systems

incorporating or employing accessories or components

manufactured from non-metallic or non-electrical

conductive materials, such as plastics or epoxy-

impregnated materials.

b.

"Superconductive" electrical equipment

(rotating machinery or 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.

Note: ML20.b. does not apply to 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 components in

the generator.

"Software" as follows

a.

"Software" specially designed or modified

for any of the following

1. "Development",

"production",

operation or maintenance of equipment specified

in this Schedule;

2. "Development" or "production" of

materials specified in this Schedule; or

3. "Development",

"production",

operation or maintenance of "software" specified

in this Schedule.

b.

Specific "software", other than that specified

by ML21.a., as follows

1. "Software" specially designed for

military use and specially designed for modelling,

simulating or evaluating military weapon

systems;

2. "Software" specially designed for

military use and specially designed for modelling

or simulating military operational scenarios;

3. "Software" for determining the effects

of conventional, nuclear, chemical or biological

weapons;

4. "Software" specially designed for

military use and specially designed for Command,

Communications, Control and Intelligence (C3I)

or

Command,

Communications,

Control,

Computer and Intelligence (C4I) applications;

5. "Software" specially designed or

modified for the conduct of military offensive

cyber operations;

Note 1: ML21.b.5. includes "software" designed

to destroy, damage, degrade or disrupt systems,

equipment or "software", specified in this Schedule,

cyber reconnaissance and cyber command and control

"software", therefor.

Note 2: ML21.b.5. does not apply to

"vulnerability disclosure" or to "cyber incident

response", limited to non-military defensive

cybersecurity readiness or response.

c.

"Software", not specified by ML21.a. or

ML21.b., specially designed or modified to enable

equipment not specified in this Schedule to perform the

military functions of equipment specified in this

Schedule.

N.B. See systems, equipment or components

specified in this Schedule for general purpose "digital

computers" with installed "software" specified by

ML21.c.

"Technology" as follows

a.

"Technology", other than specified by

ML22.b., which is "required" for the "development",

"production", operation, installation, maintenance

(checking), repair, overhaul or refurbishing of items

specified in this Schedule;

b.

"Technology" as follows

1. "Technology" "required" for the

design of, the assembly of components into, and

the operation, maintenance and repair of,

complete production installations for items

specified in this Schedule, even if the components

of such production installations are not specified;

2. "Technology""required"

for

the

"development" and "production" of small arms

even if used to produce reproductions of antique

small arms;

3. Not used since 2013;

N.B. See ML22.a. for "technology" previously

specified in item ML22.b.3.

4. Not used since 2013;

N.B. See ML22.a. for "technology" previously

specified by ML22.b.4.

5. "Technology" "required" exclusively

for the incorporation of "biocatalysts", specified

by ML7. i.1., into military carrier substances or

military material.

Note 1: "Technology" "required" for the

"development", "production", operation, installation,

maintenance

(checking),

repair,

overhaul

or

refurbishing of items specified in this Schedule remains

under control even when applicable to any item not

specified in this Schedule.

Note 2: ML22 does not apply to

a.

"Technology" that is the minimum

necessary for the installation, operation,

maintenance (checking) or repair, of those items

which are not controlled or whose export has been

authorised;

b.

"Technology" that is "in the public

domain", "basic scientific research" or the

minimum necessary information for patent

applications;

c.

"Technology" for magnetic induction

for continuous propulsion of civil transport

devices.

DEFINITIONS OF TERMS USED IN THIS LIST

The following are definitions of the terms used in this List.

Note 1: Definitions apply throughout the List. The references are

purely advisory and have no effect on the universal application of

defined terms throughout the List.

Note 2: Words and terms contained in this List of Definitions

only take the defined meaning where this is indicated by their being

enclosed in "double quotations marks". Definitions of terms between

'single quotation marks' are given in a Technical to the relevant item.

Elsewhere, words and terms shall take their commonly accepted

(dictionary) meanings.

ML8

"Additives"

Substances used in explosive formulations to

improve their properties.

"Aircraft"

A fixed wing, swivel wing, rotary wing

(helicopter), tilt rotor or tilt-wing airborne vehicle.

"Automated Command and Control Systems"

Electronic systems, through which information

essential to the effective operation of the grouping,

major formation, tactical formation, unit, ship, subunit

or weapons under command is entered, processed and

transmitted. This is achieved by the use of computer

and other specialised hardware designed to support the

functions of a military command and control

organisation. The main functions of an automated

command and control system are: the efficient

automated collection, accumulation, storage and

processing of information; the display of the situation

and the circumstances affecting the preparation and

conduct of combat operations; operational and tactical

calculations for the allocation of resources among force

groupings or elements of the operational order of battle

or battle deployment according to the mission or stage

of the operation; the preparation of data for

appreciation of the situation and decision-making at

any point during operation or battle; computer

simulation of operations.

"Basic scientific research"

Experimental or theoretical work undertaken

principally to acquire new knowledge of the

fundamental principles of phenomena or observable

facts, not primarily directed towards a specific practical

aim or objective.

"Biocatalysts"

'Enzymes' for specific chemical or biochemical

reactions or other biological compounds which bind to

and accelerate the degradation of chemical warfare

agents.

Technical Note

'Enzymes' means "biocatalysts" for specific

chemical or biochemical reactions.

"Biological agents"

Pathogens or toxins, selected or modified (such as

altering purity, shelf life, virulence, dissemination

characteristics, or resistance to UV radiation) to

produce casualties in humans or animals, degrade

equipment or damage crops or the environment.

"Biopolymers"

Biological macromolecules as follows

a.

Enzymes for specific chemical or

biochemical reactions;

b.

'Anti-idiotypic',

'monoclonal'

or

'polyclonal' 'antibodies';

c.

Specially designed

or

specially

processed 'receptors'.

Technical Notes

1. 'Anti-idiotypic antibodies' means antibodies

which bind to the specific antigen binding sites of other

antibodies;

2. 'Monoclonal antibodies' means proteins

which bind to one antigenic site and are produced by a

single clone of cells;

3. 'Polyclonal antibodies' means a mixture of

proteins which bind to the specific antigen and are

produced by more than one clone of cells;

4. 'Receptors'

means

biological

macromolecular structures capable of binding ligands,

the binding of which affects physiological functions.

"Civil aircraft"

Those "aircrafts" listed by designation in

published airworthiness certification lists by civil

aviation authorities of one or more EU Member States

or Wassenaar Arrangement Participating States to fly

commercial civil internal and external routes or for

legitimate civil, private or business use.

"Cyber incident response"

The process of exchanging necessary information

on a cybersecurity incident with individuals or

organisations

responsible

for

conducting

or

coordinating remediation to address the cybersecurity

incident.

"Development"

Is related to all stages prior to serial production,

such as: design, design research, design analyses,

design concepts, assembly and testing of prototypes,

pilot production schemes, design data, process of

transforming design data into a product, configuration

design, integration design, layouts.

"Digital computer"

Equipment which can, in the form of one or more

discrete variables, perform all of the following

a.

Accept data;

b.

Store data or instructions in fixed or

alterable (writable) storage devices;

c.

Process data by means of a stored

sequence of instructions which is modifiable; and

d.

Provide output of data.

Technical Note

Modifications of a stored sequence of instructions

include replacement of fixed storage devices, but not a

physical change in wiring or interconnections.

"End-effectors"

Grippers, 'active tooling units' and any other

tooling that is attached to the baseplate on the end of a

"robot" manipulator arm.

Technical Note

'Active tooling units' are devices for applying

motive power, process energy or sensing to a

workpiece.

"Energetic materials"

Substances or mixtures that react chemically to

release energy required for their intended application.

"Explosives", "pyrotechnics" and "propellants" are

subclasses of energetic materials.

"Equivalent standards"

Comparable national or international standards

recognised by one or more EU Member States or

Wassenaar Arrangement Participating States and

applicable to the relevant entry.

"Explosives"

Solid, liquid or gaseous substances or mixtures of

substances which, in their application as primary,

booster, or main charges in warheads, demolition and

other applications, are required to detonate.

"Expression Vectors"

Carriers (e.g. plasmid or virus) used to introduce

genetic material into host cells.

"Fibrous or filamentary materials" Include

a.

Continuous monofilaments;

b.

Continuous yarns and rovings;

c.

Tapes, fabrics, random mats and braids;

d.

Chopped fibres, staple fibres and coherent

fibre blankets;

e.

Whiskers, either monocrystalline or

polycrystalline, of any length;

f.

Aromatic polyamide pulp.

"First generation image intensifier tubes"

Electrostatically focused tubes, employing input

and output fibre optic or glass face plates, multi-alkali

photocathodes (S-20 or S-25), but not microchannel

plate amplifiers.

"Fuel cell"

An electrochemical device that converts chemical

energy directly into Direct Current (DC) electricity, by

consuming fuel from an external source.

"In the public domain"

This means "technology" or "software" which has

been made available without restrictions upon its

further dissemination.

Note: Copyright restrictions do not remove

"technology" or "software" from being "in the public

domain".

"Laser"

An item that produces spatially and temporally

coherent light through amplification by stimulated

emission of radiation.

"Library" (parametric technical database)

A collection of technical information, reference to

which may enhance the performance of relevant

systems, equipment or components.

"Lighter-than-air vehicles"

Balloons and "airships" that rely on hot air or on

lighter-than-air gases such as helium or hydrogen for

their lift.

Technical Note

‘Airship’

A power-driven airborne vehicle that is kept

buoyant by a body of gas (usually helium, formerly

hydrogen) which is lighter than air.

"Nuclear reactor"

Includes the items within or attached directly to

the reactor vessel, the equipment which controls the

level of power in the core, and the components which

normally contain or come into direct contact with or

control the primary coolant of the reactor core.

"Precursors"

Speciality chemicals used in the manufacture of

explosives.

"Production"

Means all production stages, such as: product

engineering, manufacture, integration, assembly

(mounting), inspection, testing, quality assurance.

"Propellants"

Substances or mixtures that react chemically to

produce large volumes of hot gases at controlled rates

to perform mechanical work.

"Pyrotechnics"

Mixtures of solid or liquid fuels and oxidizers

which, when ignited, undergo an energetic chemical

reaction at a controlled rate intended to produce

specific time delays, or quantities of heat, noise,

smoke, visible light or infrared radiation. Pyrophorics

are a subclass of pyrotechnics, which contain no

oxidizers but ignite spontaneously on contact with air.

"Required"

As applied to "technology", refers only to that

portion of "technology" which is peculiarly responsible

for achieving or exceeding the controlled performance

levels, characteristics or functions. Such "required"

"technology" may be shared by different products.

"Riot control agents"

Substances which, under the expected conditions

of use for riot control purposes, produce rapidly in

humans sensory irritation or disabling physical effects

which disappear within a short time following

termination of exposure. (Tear gases are a subset of

"riot control agents".)

"Robot"

A manipulation mechanism, which may be of the

continuous path or of the point-to-point variety, may

use sensors, and has all the following characteristics

a.

Is multifunctional;

b.

Is capable of positioning or orienting

material, parts, tools or special devices through

variable movements in three-dimensional space;

c.

Incorporates three (3) or more closed

or open loop servo-devices which may include

stepping motors; and

d.

Has

"user-accessible

programmability" by means of the teach/playback

method or by means of an electronic computer

which may be a programmable logic controller,

i.e. without mechanical intervention.

'User-accessible programmability' refers to the

facility allowing a user to insert, modify or replace

"programs" by means other than

a.

A physical change in wiring or

interconnections; or

b.

The setting of function controls

including entry of parameters.

Note

The above definition does not include the

following devices

1. Manipulation mechanisms which are only

manually or teleoperator controllable;

2. Fixed sequence manipulation mechanisms

which are automated moving devices, operating

according to mechanically fixed programmed motions.

The programme is mechanically limited by fixed stops,

such as pins or cams. The sequence of motions and the

selection of paths or angles are not variable or

changeable by mechanical, electronic or electrical

means;

3. Mechanically controlled variable sequence

manipulation mechanisms which are automated moving

devices, operating according to mechanically fixed

programmed motions. The programme is mechanically

limited by fixed, but adjustable, stops, such as pins or

cams. The sequence of motions and the selection of

paths or angles are variable within the fixed programme

pattern. Variations or modifications of the programme

pattern (e.g. changes of pins or exchanges of cams) in

one or more motion axes are accomplished only

through mechanical operations;

4. Non-servo-controlled variable sequence

manipulation mechanisms which are automated moving

devices, operating according to mechanically fixed

programmed motions. The programme is variable but

the sequence proceeds only by the binary signal from

mechanically fixed electrical binary devices or

adjustable stops;

5. Stacker cranes defined as Cartesian

coordinate manipulator systems manufactured as an

integral part of a vertical array of storage bins and

designed to access the contents of those bins for storage

or retrieval.

"Satellite navigation system"

A system consisting of ground stations, a

constellation of satellites, and receivers, that enables

receiver locations to be calculated on the basis of

signals received from the satellites. It includes Global

Navigation Satellite Systems (GNSS) and Regional

Navigation Satellite Systems (RNSS).

ML4, 11, 21

"Software"

A collection of one or more "programs" or

"microprograms" fixed in any tangible medium of

expression.

Technical Note 1

‘Program’

A sequence of instructions to carry out a process

in, or convertible into, a form executable by an

electronic computer.

Technical Note 2

‘Microprogram’

A sequence of elementary instructions maintained

in a special storage, the execution of which is initiated

by the introduction of its reference instruction into an

instruction register.

"Spacecraft"

Active and passive satellites and space probes.

"Space-qualified"

Designed, manufactured, or qualified through

successful testing, for operation at altitudes greater

than 100km above the surface of the Earth.

Note: A decision that a specific item is "space-

qualified" by virtue of testing does not mean that other

items in the same production run or model series are

"space-qualified" if not individually tested.

"Superconductive"

Refers to materials, (i.e. metals, alloys or

compounds) which can lose all electrical resistance (i.e.

which can attain infinite electrical conductivity and

carry very large electrical currents without Joule

heating).

"Critical temperature" (sometimes referred to as

the

transition

temperature)

of

a

specific

"superconductive" material is the temperature at which

the material loses all resistance to the flow of direct

electrical current.

Technical Note

The "superconductive" state of a material is

individually characterised by a "critical temperature", a

critical magnetic field, which is a function of

temperature, and a critical current density which is,

however, a function of both magnetic field and

temperature.

"Technology"

Specific information necessary for the

"development", "production" or "use" of a product. The

information takes the form of 'technical data' or

'technical assistance'. Specified "technology" for this

Schedule is defined in ML22.

Technical Notes

1. 'Technical data' may take forms such as

blueprints, plans, diagrams, models, formulae, tables,

engineering designs and specifications, manuals and

instructions written or recorded on other media or

devices such as disk, tape, read-only memories

(ROMs).

2. 'Technical assistance' may take forms such

as instruction, skills, training, working knowledge,

consulting services. 'Technical assistance' may involve

transfer of 'technical data'.

"Unmanned aerial vehicle" ("UAV")

Any "aircraft" capable of initiating flight and

sustaining controlled flight and navigation without any

human presence on board.

"Vulnerability disclosure"

The process of identifying, reporting or

communicating a vulnerability to, or analysing a

vulnerability with, individuals or organisations

responsible for conducting or coordinating remediation

for the purpose of resolving the vulnerability.".

€5.40

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