SIMPLIFYING TERMS AND CONDITIONS OF TRANSFERS OF DEFENCE-RELATED PRODUCTS REGULATIONS

SIMPLIFYING TERMS AND CONDITIONS OF

TRANSFERS OF DEFENCE-RELATED PRODUCTS

SUBSIDIARY LEGISLATION 117.32

SIMPLIFYING TERMS AND CONDITIONS

OF TRANSFERS OF DEFENCE-RELATED

PRODUCTS REGULATIONS

30th June, 2012 *

LEGAL NOTICE 435 of 2011, as amended by Legal Notices 242 of 2012,

144 of 2013, 138 of 2014, 80 of 2015, 317 of 2016, 296 of 2017, 42 of

2018, 271 of 2019, 19 and 420 of 2021, 251 of 2023, 155 of 2024 and 108

of 2025.

The title of these regulations is the Simplifying Terms and

Conditions of Transfers of Defence-Related Products Regulations.

Substituted by

L.N. 242 of 2012;

List of Defence-related Products

L.N. 144 of 2013;

L.N. 138 of 2014;

L.N. 80 of 2015;

L.N. 317 of 2016;

L.N.296 of 2017

L.N. 42 of 2018;

L.N. 271 of 2019;

L.N. 420 of 2021;

L.N. 251 of 2023;

L.N. 155 of 2024;

L.N. 108 of 2025.

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

"Definitions of terms used in this List" annexed to this List.

Note 2 I n 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 nomenclature. CAS

numbers may not be used as unique identifiers because some forms of

the listed chemical have different CAS numbers, and mixtures

containing a listed chemical substance may also have different CAS

numbers.

Smooth-bore weapons with a calibre of less

ML1

than 20mm, other arms and automatic weapons

with a calibre of 12,7mm (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 500 m;

c.

Weapons using non-centre fire

cased ammunition and which are not of the fully

automatic firing type;

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 delivered by a competent authority and

may be marked on the firearm by a stamp on an

essential part.

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 earlier than 1938;

b.

Reproductions of rifles and

combination guns, the originals of which were

manufactured earlier than 1890;

c.

Handguns, volley guns and

machine guns manufactured earlier than 1890,

and their reproductions;

d.

Rifles or handguns, specially

designed to discharge an inert projectile by

compressed air or CO2;

e.

Handguns specially designed for

any of the following

1. Slaughtering of domestic

animals; or

2. Tranquilising of animals.

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 earlier than 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. Tranquilizing of animals;

3. Seismic testing;

4. Firing

of

industrial

projectiles; or

5. Disrupting

Improvised

Explosive Devices (IEDs).

NB. For disruptors, see ML4. and

entry 1.A.6 on the EU Dual-Use List.

c.

Weapons using caseless ammunition;

d.

Accessories designed for arms specified

by 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;

6. Optical weapon-sights specially

designed for military use.

ML2

Smooth-bore weapons with a calibre of 20

mm or more, other weapons or armament with a

calibre greater than 12,7 mm (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 by ML2.a.

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

follows

a.

Rifles, smooth-bore weapons and

combination guns, manufactured earlier than

1938;

b.

Reproductions of rifles, smooth-

bore weapons and combination guns, the

originals of which were manufactured earlier

than 1890;

c.

Guns, howitzers, cannons and

mortars, manufactured earlier than 1890;

d.

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;

e.

Smooth-bore weapons specially

designed for any of the following

1. Slaughtering of domestic

animals;

2. Tranquilizing 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 1.A.6

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.

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.

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;

d.

Not used since 2019.

ML3

Ammunition and fuze setting devices, as

follows, and specially designed components

therefor

a.

Ammunition for weapons specified by

ML1, ML2 or ML12;

b.

Fuze 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.

ML4

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,

see ML11.

N.B. 2: For Aircraft Missile Protection Systems

(AMPS), see ML4.c.

a.

Bombs, torpedoes, grenades, smoke

canisters, rockets, mines, missiles, depth charges,

demolition-charges, demolition-devices, demolition-

kits, "pyrotechnic" devices, cartridges, submunitions

therefor 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;

b.

Missile or rocket nozzles and re-

entry vehicle nosetips.

N.B.: For

grenade or

canister

ammunition for weapons or projectors specified

in ML1 or ML2 and submunitions specially

designed for ammunition, see ML3.

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;

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.

ML5

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.

ML6

Ground vehicles and components, as follows

NB. 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

by 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 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 in 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.

ML7

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. Chemical Warfare 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. Chemical Warfare 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);

7. 1,5-bis

(2-

chloroethylthio) -n-pentane (CAS

142868-94-8);

8. Bis

(2-

chloroethylthiomethyl) ether (CAS

63918-90-1);

9. 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. Chemical Warfare incapacitating

agents, such as

a.

3-Quinuclidinyl benzilate

(BZ) (CAS 6581-06-2);

4. Chemical Warfare 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));

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);

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. Chemical Warfare agents made up

of precursors specified by 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 by 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 1.A.4 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 by ML7.a.,

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

therefor;

Note ML7.g. does not apply to personal

radiation monitoring dosimeters.

N.B. See also entry 1.A.4 on the EU Dual-Use

List.

h.

"Biopolymers" specially designed or

processed for the detection or identification of

Chemical Warfare agents specified by ML7.b., and the

cultures of specific cells used to produce them;

i.

"Biocatalysts" for the decontamination or

degradation of Chemical Warfare agents, and

biological systems therefor, as follows

1. "Biocatalysts" specially designed

for the decontamination or degradation of

Chemical Warfare 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).

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.

ML8

"Energetic

materials",

and

related

substances, as follows

N.B. 1: See also entry 1.C.11 in the EU Dual-

Use List.

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

entry 1.A.8 in the EU Dual-Use List.

Note Any substance listed in the ML8 sub-items 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.)

Technical Notes

1. For the purposes of ML8., excluding

ML8.c.11. or ML8.c.12., "mixture" refers to a

composition of two or more substances with at least

one substance being listed in the ML8 sub-items.

2. 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 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);

10. DIPAM

(3,3'-diamino-

2,2',4,4',6,6'-hexanitrobiphenyl or dipicramide)

(CAS 17215-44-0);

11. DNGU

(DINGU

or

dinitroglycoluril) (CAS 55510-04-8);

12. Furazans as follows

a.

DAAOF (DAAF, DAAFox,

or diaminoazoxyfurazan);

b.

DAAzF

(diaminoazofurazan) (CAS 78644-90-3);

13. 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, tetranitrosemiglycouril or keto-bicyclic

HMX) (CAS 130256-72-3);

14. HNAD

(hexanitroadamantane)

(CAS 143850-71-9);

15. HNS (hexanitrostilbene) (CAS

20062-22-0);

16. 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);

17. NTNMH

(1-(2-nitrotriazolo)-2-

dinitromethylene hydrazine);

18. NTO (ONTA or 3-nitro-1,2,4-

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

19. Polynitrocubanes with more than

four nitro groups;

20. PYX (2,6-Bis(picrylamino)-3,5-

dinitropyridine) (CAS 38082-89-2);

21. RDX and derivatives, as follows

a.

RDX

(cyclotrimethylenetrinitramine, cyclonite,

T4,

hexahydro-1,3,5-trinitro-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);

22. TAGN (triaminoguanidinenitrate)

(CAS 4000-16-2);

23. TATB (triaminotrinitrobenzene)

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

"precursors");

24. TEDDZ

(3,3,7,7-

tetrabis(difluoroamine) octahydro-1,5-dinitro-

1,5-diazocine);

25. Tetrazoles as follows

a.

NTAT

(nitrotriazol

aminotetrazole);

b.

NTNT

(1-N-(2-

nitrotriazolo)-4-nitrotetrazole);

26. Tetryl

(trinitrophenylmethylnitramine) (CAS 479-45-

8);

The objective of these regulations is to implement the

requirements of

(a) Directive 2009/43/EC of the European Parliament and

of the Council of 6 May 2009 on simplifying terms and

conditions of transfers of defence-related products

within the Community and of Commission Directive

2010/80/EU of 22 November amending Directive

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

Council as regards the list of defence-related products;

(b) Commission

Directive

2012/10/EU

amending

Directive 2009/43/EC of the European Parliament and

of the Council as regards the list of defence-related

products;

(c) Commission Directive 2012/47/EU of 14th December

2012 amending Directive 2009/43/EC of the European

Parliament and of the Council as regards the list of

defence-related products;

(d) Commission Directive 2014/18/EU of 29th January

2014 amending Directive 2009/43/EC of the European

Parliament and of the Council as regards the list of

defence-related products;

(e) Commission Directive 2014/108/EU of 12th December

2014 amending Directive 2009/43/EC of the European

Parliament and of the Council as regards the list of

defence-related products;

(f)

Commission Directive 2017/433/EU of 7th March 2017

amending Directive 2009/43/EC of the European

Parliament and of the Council as regards the list of

defence-related products;

(g) Commission Directive 2017/2054 of 8th November 2017

amending Directive 2009/43/EC of the European

Parliament and of the Council as regards the list of

defence-related products;

*see regulation 1(2) of these Regulations, as originally promulgated, and Legal Notice

241 of 2012.

SIMPLIFYING TERMS AND CONDITIONS OF

TRANSFERS OF DEFENCE-RELATED PRODUCTS

(h) Commission Directive (EU) 2019/514 of 14 March 2019

amending Directive 2009/43/EC of the European

Parliament and of the Council as regards the list of

defence-related products;

(i)

Commission Delegated Directive (EU) 2021/1047 of 5

March 2021 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 17 February 2020.

In these regulations, unless the context otherwise requires

"the Act" means the Supplies and Services Act;

"the Committee" means the Committee on Transfers of Defence-

Related Products, established under regulation 25;

"defence-related product" means any product listed in t he

Schedule;

"the Directive" means Directive 2009/43/EC of the European

Parliament and of the Council of 6 May 2009 simplifying terms and

conditions of transfers of defence-related products within the

Community;

"the Director" means the Director responsible for issuing export

licences for defence-related products or any other person so

delegated;

"end-user" means the legal or natural person where the products

reach their final destination;

"export licence" means an authorisation to supply defence-

related products to a legal or natural person in any third country;

"the Minister" means the Minister responsible for trade;

"pa ssage t hrough" mea ns the transport of defence-re lated

products t hrough one or more Member States other than the

originating and receiving Member States;

"recipient" means the legal or natural person established within

the Community who is legally responsible for the receipt of a

transfer;

"supplier" means the legal or natural person established within

the Community who is legally responsible for a transfer;

"transfer" means any transmission or movement of a defence-

related product from a supplier to a recipient in another Member

State;

"transfer licence" means an authorisation by a national authority

of a Member State for suppliers to transfer defence-related products

to a recipient in another Member State which can be one of the

following

(a) a "general transfer licence", which is an authorisation

published by a national authority of a Member State

granting suppliers, established in its territory,

permission to transfer defence-related products

SIMPLIFYING TERMS AND CONDITIONS OF

TRANSFERS OF DEFENCE-RELATED PRODUCTS

specified therein to a category or categories of

recipients in another Member State whilst fulfilling

any terms and conditions contained therein;

(b) a "global transfer licence", which is an authorisation

granted by a national authority to an individual

supplier, at its request, authorising transfers of

defence-related products to recipients in one or more

states;

(c) an "individual transfer licence", which is an

authorisation granted to an individual supplier at its

request authorising one transfer of a specified quantity

of specified defence-related products to be transmitted

in one or several shipments to one recipient of other

Member States.

(1) The purpose of these regulations is to simplify the rules

and procedures applicable to the transfer of defence-related

products to and from other Member States.

(2) These regulations do not affect the Government of Malta’s

discretion as regards policy on the export of defence-related

products.

(3) These regulations do not affect the possibility for the

G ov er n m en t o f M a lt a t o p u rs ue and fu r t he r de ve l op i nt e r-

governmental cooperation.

(4) These regulations apply to the defence-related products

listed in the Schedule, which is published in the English language

only.

The transfer of defence-related products from Malta to the

other Member States shall be subject to prior authorisation secured

through a general transfer licence, a global transfer licence or an

individual transfer licence.

The type of transfer licence to be used for defence-related

products or categories of defence-related products transferred from

Malta shall be determined by the Committee which may deny or

grant prior authorisation in line with the principles establishing the

internal market.

The Committee shall determine all the terms and

conditions of transfer licences, including

(a) any limitations on the export of defence-related

products to legal or natural persons in third countries,

having regard, inter alia, to the risk for the

preservation of human rights, peace, security and

stability created by the transfer;

(b) when to request end-use assurances, including end-

user certificates

Provided that the Committee shall request suppliers of

defence-related products to inform recipients of the

terms and conditions of the transfer licence including

limitations relating to the end use or export of the

SIMPLIFYING TERMS AND CONDITIONS OF

TRANSFERS OF DEFENCE-RELATED PRODUCTS

defence-related product

Provided further that in the case of transfer licences

for components, the Committee shall determine the

terms and conditions of such transfer licence on the

basis of an assessment of the sensitivity of the transfer

according, inter alia, to the following criteria

(i)

the nature of the components in relation to the

products in which they are to be incorporated

and any end-use of the finished products which

might give rise to concern;

(ii) the significance of the components in relation to

the products in which they are to be

incorporated.

Except where it considers that the transfer of components

is sensitive, the Committee shall refrain from imposing any export

l im i t a t i on s f or com po ne n ts w her e t he re ci p ie n t p rov ide s a

dec la rat ion of u s e i n whi ch the re ci p ie nt dec la r es t ha t t he

components subject to that transfer licence are integrated or are to

be integrated into its own products and cannot at a later stage be

tr ans ferre d or exp orte d as s uch , unl ess for the pur poses of

maintenance or repair.

The Committee may withdraw, suspend or limit the use of

transfer licences it may have issued at any time for reasons of

protection of Malta’s essential security interests, on grounds of

public policy or public security, or as a result of non-compliance

with the terms and conditions attached to the transfer licence.

The Committee may publish general transfer licences of

defence-related products for suppliers established in Malta to

perform transfers of such products to another Member State and in

such cases the Committee shall determine

(a) the suppliers established in Malta and the category or

categories of recipients located in another Member

State to benefit from such licences;

(b) any terms and conditions to be attached to such

licences;

(c) the defence-related products to be allowed to be

transferred as a result of such licences

Provided that a general transfer licence shall be

published by the Committee wherever -

(i)

the recipient is part of the armed forces of

another Member State or a contracting authority

in the field of defence purchasing for the

exclusive use by the armed forces of another

Member State;

(ii) the recipient is an undertaking certified by the

competent authority in another Member State in

accordance with Article 9 of the Directive;

(iii) the transfer is made for the purposes of

demonstration, evaluation or exhibition;

SIMPLIFYING TERMS AND CONDITIONS OF

TRANSFERS OF DEFENCE-RELATED PRODUCTS

(iv)

the transfer is made for the purposes of

maintenance and repair, if the recipient is the

originating supplier of the defence-related

products.

(3) The Committee may publish general transfer licences of

defence-related products for transfers to other Member States

which are necessary for the execution of an inter-governmental

cooperation programme, in which Malta participates with other

Member States, concerning the development, production and use of

one or more defence-related products.

(4) Suppliers shall, within a period stipulated by the

Committee, inform such Committee of their intention to transfer

defence-related products for the first time using a general transfer

licence.

(5) Without prejudice to any other provision in these

regulations, the Committee may establis h the conditions for

suppliers to first register with such Committee prior to the first use

of a general transfer licence.

(1) An individual supplier may apply to the Committee for

the granting of a global transfer licence to perform transfers of

defence-related products to recipients in one or more Member

States.

(2) The Committee shall determine in each global transfer

licence the defence related products or categories of products

covered by the global transfer licence and the authorised recipients

or category of recipients.

(3) A global transfer licence shall be valid for a period of three

years, which may be renewed by the Committee.

(1) An individual supplier may apply to the Committee for

the granting of an individual transfer licence to perform one

trans fer of a specified quant ity of s pe cified defence-related

products to be transmitted in one or several shipments to one

recipient.

(2) The individual transfer licence shall be limited to one

transfer and subject to one or more of the following conditions

(a) the transfer is necessary for the protection of the

essential national security interests or on grounds of

public policy;

(b) the transfer is necessary for national compliance with

international obligations and commitments;

(c) the Committee has serious reason to believe that the

supplier will not be able to comply with all the terms

and conditions necessary to be granted a global

transfer licence.

(1) The transfer of defence-related products from other

Member States shall be subject to prior authorization secured

through a general transfer licence, a global transfer licence or an

individual transfer licence from the Member State from whose

SIMPLIFYING TERMS AND CONDITIONS OF

TRANSFERS OF DEFENCE-RELATED PRODUCTS

territory the supplier wi shes to trans fer the defence-related

products.

(2) No further authorisation shall be required for passage

through or entry in Malta, without prejudice to the application of

provisions necessary on grounds of public security or public policy

such as, inter alia, the safety of transport, the safety of storage, the

risk of diversion and the prevention of crime.

Transfers of defence-related products may be exempted

from the obligation of prior authorisation by the Committee in such

cases where

(a) the supplier or the recipient is a governmental body or

part of the armed forces;

(b) supplies are made by the European Union, NATO,

IAEA or other inter-governmental organisations for

the performance of their tasks;

(c) the transfer is necessary for the implementation of a

cooperative armament programme between Member

States;

(d) the transfer is linked to humanitarian aid in the case of

disaster or as a donation in an emergency; or

(e) the transfer is necessary for or after

repair,

maintenance, exhibition or demonstration.

(1) Suppliers shall keep detailed and complete records of

their transfers. Such records shall include commercial documents

containing the following information

(a) a description of the defence-related product and its

reference;

(b) the quantity and value of the defence-related product;

(c) the dates of transfer;

(d) the name and address of the supplier and of the

recipient;

(e) where known, the end-use and end-user of the defence-

related product; and

(f)

proof that the information on an export limitation

attached to a transfer licence has been transmitted to

the recipient of the defence-related products.

(2) The Committee shall determine the reporting requirements

relative to the use of a general, global or individual transfer licence

and shall ensure that suppliers keep the records referred to in sub-

regulation (1) for a period which is not less than three years from

the end of the calendar year in which the transfer took place.

(3) Such records shall be provided to the Committee at its

request.

(1) The Committee shall certify recipients established in

Malta who are eligible to receive defence-related products under

general transfer licences published by other Member States in

SIMPLIFYING TERMS AND CONDITIONS OF

TRANSFERS OF DEFENCE-RELATED PRODUCTS

accordance with Article 5(2)(b) of the Directive.

(2) Certification shall be granted only to recipient undertakings

which actually manufacture defence-related products or partly

completed defence-related products, consisting of components and,

or systems and sub-systems purchased from third parties, with a

view to being placed on the market under their own name or

trademark.

(3)

Certified recipient undertakings shall

(a) use the defence-related products received under the

general transfer licences for their own production

which includes incorporation of components into other

products, or using the product as spares or replacement

parts;

(b) not re-transfer or export the defence-related products

received under the general transfer licences, except for

the purposes of maintenance or repair where the prior

authorisation of an originating Member State is

required.

The certification shall establish the reliability of the

recipient undertaking, including its capacity to observe export

limitations of defence-related products received under a transfer

licence from another Member State

Provided that reliability shall be assessed according to the

following criteria

(a) proven experience in defence activities, taking into

account in particular the undertaking’s record of

compliance with export restrictions, any court

decisions on this matter, any authorisation to produce

or commercialise defence-related products and the

employment of experienced management staff;

(b) relevant industrial activity in defence-related products

within the Community, in particular capacity for

system and, or sub-system integration;

(c) the appointment of a senior executive as the dedicated

officer personally responsible for transfers and

exports;

(d) a written commitment of the undertaking, signed by

the senior executive referred to in paragraph (c), that

the undertaking will take all necessary steps to observe

and enforce all specific conditions related to the end-

use and export of any specific component or product

received;

(e) a written commitment of the undertaking, signed by

the senior executive referred to in paragraph (c), to

provide to the Committee with due diligence

documents, detailed information in response to

requests and inquiries concerning the end-users or

end-use of all products exported, transferred or

received under a transfer licence from another Member

SIMPLIFYING TERMS AND CONDITIONS OF

TRANSFERS OF DEFENCE-RELATED PRODUCTS

State; and

(f)

a description, countersigned by the senior executive

referred to paragraph (c), of the internal compliance

programme or transfer and export management system

implemented in the undertaking, which description

shall provide details of the organisational, human and

technical resources allocated to the management of

transfers and exports, the chain of responsibility

within the undertaking, internal audit procedures,

awareness-raising and staff training, physical and

technical security arrangements, record-keeping and

traceability of transfers and exports.

(1) Certificates shall contain the following information

(a) the name of the Committee as the competent authority

issuing the certificate;

(b) the name and address of the recipient;

(c) a statement of the conformity of the recipient with the

criteria referred to in regulation 17; and

(d) the date of issue and period of validity of the

certificate which must not exceed four years.

(2) Certificates may contain further conditions relating to the

following

(a) the provision of information required for the

verification of compliance with the criteria referred to

in regulation 17;

(b) the suspension or revocation of the certificate.

(1) The Committee shall monitor the compliance of the

recipient with the criteria established in regulation 17 at least every

three years, and with any other condition referred to in to the

certificates.

(2) The Committee may assign inspectors who shall be

empowered -

(a) to enter relevant premises;

(b) to examine and take copies of the records, data, rules

of procedure and any other material relevant to

products exported, transferred or received under a

transfer licence from another Member State.

If the Committee finds that the holder of a certificate who

is established in Malta no longer satisfies the criteria referred to in

regulation 17 or any of the conditions referred to in regulation

18(2), it shall take appropriate measures, which may include the

revocation of the certificate and thereafter inform the Commission

and the other Member States accordingly.

The Committee shall publish and update on a regular basis

the list of certified recipients and inform the Commission, the

European Parliament and the other Member States.

SIMPLIFYING TERMS AND CONDITIONS OF

TRANSFERS OF DEFENCE-RELATED PRODUCTS

Recipients of defence-related products, when applying for

an export licence, shall declare to the Committee, in cases where

such products received under a transfer licence from another

Member State have export limitations attached to them, that they

have complied with the terms of those limitations, including, as the

case may be, by having obtained the required consent from the

originating Member State.

(1) Exporters shall furnish proof that all necessary export

licences were obtained from other Member States, when

completing the formalities for the export of defence-related

products at the customs office responsible for handling the export

declaration.

(2) Without prejudice to Council Regulation (EEC) No. 2913/

92 of 12 October 1992 establishing the Community Customs Code,

the Director may, for a period not exceeding thirty working days,

suspend the process of export of defence-related products received

from another Member State under a transfer licence and

incorporated in another defence-related product or, if necessary,

prevent by other means such products from being exported, where

he considers that

(a) relevant information was not taken into account when

the export licence was granted; or

(b) circumstances have materially changed since the grant

of the export licence.

(1) In those cases where the Committee considers that

there is a serious risk that a recipient certified in accordance with

the Directive in another Member State will not comply with a

condition attached to a general transfer licence, or where the

Committee considers that public policy, public security or the

na ti onal e ss e n ti al s ec uri ty i nt e re s ts c ou ld be aff e ct e d, the

Committee shall inform the other Member State and request

verification of the situation.

(2) Where the serious risks referred to in sub-regulation (1)

subsist, the Committee may provisionally suspend the effect of the

general transfer licence with regard to such recipients and shall

inform the other Member States and the Commission of the reasons

for that safeguard measure

Provided that the Committee may lift the measure when it

considers that it is no longer justified.

(1) The Minister responsible for trade with the concurrence

of the Minister responsible for defence shall appoint a Committee on

Transfers of Defence-related products.

(2)

The Committee shall consist of

(a) a Chairman appointed by the Minister responsible for

trade with the concurrence of the Minister responsible for

defence;

(b) an officer serving in the Office of the Attorney General

nominated by the Minister responsible for Justice;

SIMPLIFYING TERMS AND CONDITIONS OF

TRANSFERS OF DEFENCE-RELATED PRODUCTS

(c) an officer serving in the Police Department nominated

by the Minister responsible for home affairs;

(d) an officer serving in the Defence Matters Directorate

Office nominated by the Minister responsible for

defence;

(e) an officer serving in the Customs Department

nominated by the Minister responsible for customs;

(f)

an officer serving in the Commerce Department

nominated by the Minister responsible for trade;

(g) an officer serving in the Technical Regulations

Division of the Malta Competition and Consumers

Affairs Authority nominated by the Minister

responsible for standardisation; and

(h) an officer serving in the Armed Forces of Malta

nominated by the Minister responsible for the Armed

Forces of Malta

Provided that the Minister responsible for trade with the

concurrence of the Minister responsible for defence may appoint any

other public officer to serve on this Committee as he may deem fit

Provided further that the number of the other public officers

so appointed shall not exceed three in number.

(3) The members of the Committee shall hold office for such

term as may be stated in their appointment or until such time as the

Minister responsible for trade with the concurrence of the Minister

responsible for defence shall appoint another person to replace

(4) The Minister responsible for trade with the concurrence of the

Minister responsible for defence shall designate an officer not below

the rank of a Principal serving in a department falling under his

Ministry to act a secretary to his Committee.

(5)

The Committee shall have the following functions

(a) to determine the type of transfer licence to be utilised

for defence-related products or categories of defence-

related products;

(b) to issue transfer licences;

(c) to stipulate the terms and conditions of transfer

licences and the obligations of those suppliers using

transfer licences including any limitations on the

export of defence-related products to legal or natural

persons in third countries, having regard, inter alia, to

the risk for the preservation of human rights, peace,

security and stability created by the transfer;

(d) to request end-use assurances, including end-user

certificates, whilst complying with Community law;

(e) to determine exemptions from the obligation of having

prior authorization through transfer licence;

(f)

to oblige suppliers of defence-related products to

SIMPLIFYING TERMS AND CONDITIONS OF

TRANSFERS OF DEFENCE-RELATED PRODUCTS

inform recipients of the terms and conditions of the

transfer licence;

(g) to withdraw, suspend or limit the use of transfer

licences as may be necessary;

(h) to determine reporting requirements of suppliers and

to ensure that suppliers maintain commercial records

on transfers as required and for the time period

established in the regulations;

(i)

to issue certification of recipients of defence-related

products, which actually manufacture defence-related

products or partly completed defence-related products

secured under transfer licences from other Member

States;

(j)

to monitor adherence of recipients with the criteria

established in these regulations;

(k) to assign inspectors to carry out monitoring;

(l)

to publish the lists of certified recipients;

(m) to communicate with the European Institutions and

other Member States on the subject of transfer of

defence-related products;

(n) to receive notification from recipients of the request of

an export licence for exports which had export

limitations attached to them; and

(o) to carry out any other functions emanating from this or

other regulations.

Any person guilty of an offence under these regulations

shall be liable, on conviction, to the following

(a) imprisonment for a period not exceeding two years;

(b) a fine (multa) up to an amount not exceeding two

thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37) or a fine calculated on

the profit made by the offender in connection with the

transaction in contravention to the regulations

Provided that when the fine is so calculated, it may not

exceed five times the profit made by the offender;

(c) forfeiture of any goods or things to which the offence

relates.

SIMPLIFYING TERMS AND CONDITIONS OF

TRANSFERS OF DEFENCE-RELATED PRODUCTS

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

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

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

TNAZ

(1,3,3-trinitroazetidine)

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

"precursors");

TNGU

(SORGUYL

or

tetranitroglycoluril) (CAS 55510-03-7);

TNP

(1,4,5,8-tetranitro-

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

9);

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);

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);

"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);

Not used since 2013;

DNAN (2,4-dinitroanisole) (CAS

119-27-7);

TEX

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

tetraoxa-4,10-diazaisowurtzitane);

GUDN (Guanylurea dinitramide)

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

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);

Energetic ionic materials melting

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

with detonation velocity exceeding 6 800 m/s or

detonation pressure exceeding 18 GPa (180

kbar);

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

nitramine) (CAS 19836-28-3);

FTDO

(5,6-(3',4'-furazano)-

1,2,3,4-tetrazine-1,3-dioxide);

EDNA

(Ethylenedinitramine)

(CAS 505-71-5);

TKX-50 (Dihydroxylammonium

5,5'-bistetrazole-1,1'-diolate);

Note ML8.a. includes "explosive co-crystals".

Technical Note

For the purposes of ML8.a. 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 in

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 38

mm/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 (–

40 °C);

6. Any

"propellant"

containing

substances specified by ML8.a.;

7. "Propellants",

not

specified

elsewhere in this Annex, specially designed for

military use;

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 by 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 metre 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.

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.

Note 3 ML8.d.3. does not apply to iodine

pentafluoride (CAS 7783-66-6).

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.

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);

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 Item 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);

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) (see

also ML8.e.1. and e.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) (see 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.).

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

specified by ML8.h.1.

Technical Notes

For the purposes of ML8.h.

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 (CAS 9056-38-6);

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)

(see 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 250g;

c.

Having a maximum of 80%

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

active material;

d.

Having less than or equal to 4g of

NTO (ML8.a.18.); and

e.

Having less than or equal to 1g 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.

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, except those

specified in ML9.a.1., having any of the

following, fixed or integrated into the vessel

a.

Automatic

weapons

–

specified in ML1, or weapons specified in

ML2, ML4, ML12 or ML19, or

"mountings" or hard points for weapons

having a calibre of 12,7 mm or greater;

Technical Note

For the purposes of ML9.a.2.a.,"mountings"

refers to weapon mounts or structural strengthening

for the purpose of installing weapons.

b.

Fire

control

systems

specified in 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 Note

For the purposes of ML9.a.2.c.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 elements

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;

Technical Note

For the purposes of ML9.a.2., ‘CBRN

protection’ is a self-contained interior space

containing features such as over-pressurisation,

isolation of ventilation systems, limited

ventilation openings with CBRN filters and

limited personnel access points incorporated

air-locks.

b.

Engines and propulsion systems, as

follows, specially designed for military use and

components and accessories 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;

Note ML9.b.4. does not apply to nuclear

power.

Technical Note

For the purposes of ML9.b.4., 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.

N.B. See ML9.h. for nuclear power propulsion

equipment.

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 1 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

100 m; and fibre-optic connectors and optical hull

penetrators, specially designed for ‘laser’ beam

transmission, regardless of depth.

Note 2 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 in ML9.a. and components therefor specially

designed or ‘modified’ for military use.

Technical Note

For the purposes 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".

ML10

"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 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 1 ML10.f. includes pressure refuelling

equipment and equipment designed to facilitate

operations in confined areas, including equipment

located on board a ship.

Note 2 ML10.f. does not apply to

1. Towbars;

2. Protective mats and covers;

3. Ladders, steps and platforms;

4. Chocks,

lashings

and

tie-down

equipment.

g.

Aircrew life support equipment, aircrew

safety equipment and other devices for emergency

escape, not specified in 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 Annex.

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 the EU Common Military List;

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 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 "aircraft" or

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

following

a.

Were first manufactured before

1946;

b.

Do not incorporate items specified

in the EU Common Military List, 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 the EU Common Military List,

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.

ML11

Electronic

equipment,

"spacecraft"

and

components, not specified elsewhere in this Annex, 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 cryptographic functionality;

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 ML21.

b.

Jamming equipment designed or modified

to hinder the reception, operation or effectiveness of

positioning, navigation or timing services provided by

‘satellite navigation systems’, and specially designed

components therefor;

c.

"Spacecraft" specially designed or modified

for military use, and ‘spacecraft’ components specially

designed for military use.

ML12

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 3.A.1.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).

ML13

Armoured

or

protective

equipment,

constructions, components, and accessories, 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, see

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.1.;

3. Add-on

ballistic

protection

elements, specially designed for helmets

specified in ML13.c.1.

N.B. For other military helmet components or

accessories, see the relevant EU Common Military List

entry.

d.

Body armour or protective garments, and

components therefor, as follows

1. Soft body armour or protective

garments, 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 0101.06, 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.

Note 5 ML13.d.1. does not apply to protective

eyewear.

N.B. For laser protective eyewear, see ML17.o.

N.B. 1: See also entry 1.A.5 on the EU Dual-Use

List.

NB 2: For "fibrous or filamentary materials"

used in the manufacture of body armour and helmets,

see entry 1.C10. on the EU Dual-Use List.

ML14

"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.

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.

Note 3 "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/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.

ML15

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 weapons sights incorporating ‘first

generation image intensifier tubes’ see ML1, ML2 and

ML5.a.

N.B. See also entries 6.A.2.a. and 6.A.2.b. and

6.A.3.b. on the EU Dual-Use List.

ML16

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.

ML17

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 8.A.2.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

For the purpose of ML17.e.3., ‘EMP’ 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 the EU Common Military

List;

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, excluding those specified elsewhere in the

EU Common Military List;

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

Annex, 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", except those specified

elsewhere in the EU Common Military List, 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.

ML18

"Production" equipment, environmental test

facilities and components, as follows

a.

Equipment specially designed or

modified for the "production" "production" of

items specified in the EU Common Military List,

and specially designed components therefor;

b.

Environmental

test

facilities

specially designed for the certification,

qualification or testing of products specified by

the EU Common Military List, and specially

designed equipment therefor, not specified

elsewhere.

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 a motor or

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 8 g or more on

a payload of 91 kg 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 227 kg

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.

ML19

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 2 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.

ML20

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.

ML21

"Software" as follows

a.

"Software"

specially

designed

or

modified for any of the following

1. "Development",

"production",

operation or maintenance of equipment

specified in the EU Common Military List;

2. "Development" or "production" of

materials specified in the EU Common Military

List; or

3. "Development",

"production",

operation or maintenance of "software"

specified in the EU Common Military List.

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 Annex, 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-militarydefensive

cybersecurity readiness or response.

c.

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

ML21.b., specially designed or modified to enable

equipment not specified in the EU Common Military

List to perform the military functions of equipment

specified in the EU Common Military List.

N.B. See systems, equipment or components

specified in this Annex for general purpose ‘digital

computers’ with installed ‘software’ specified by

ML21.c.

ML22

"Technology" as follows

a.

"Technology", other than specified in

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

"production", operation, installation, maintenance

(checking), repair, overhaul or refurbishing of items

specified by the EU Common Military List;

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 by the EU Common Military List,

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 by 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.

SIMPLIFYING TERMS AND CONDITIONS OF

TRANSFERS OF DEFENCE-RELATED PRODUCTS

Note 1 "Technology" "required" for the

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

maintenance (checking), repair, overhaul or

refurbishing of items specified in the EU Common

Military List remains under control even when

applicable to any item not specified in the EU Common

Military List.

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, in

alphabetical order.

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 ‘quotation marks’. Definitions of terms between ‘single

quotation marks’ are given in a Technical note to the relevant item.

Elsewhere, words and terms take their commonly accepted

(dictionary) meanings .

ML8

"Additives"

Substances used in explosive formulations to

improve their properties.

ML8, 10,14

"Aircraft"

A fixed wing, swivel wing, rotary wing

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

ML11

"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.

ML22

"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.

ML7, 22

"Biocatalysts"

"Enzymes" for specific chemical or

biochemical reactions or other biological compounds

which bind to and accelerate the degradation of CW

agents.

Technical Note

"Enzymes" means ‘biocatalysts’ for specific

chemical or biochemical reactions.

ML7

"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.

ML7

"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.

ML4, 10

"Civil aircraft"

Those "aircraft" 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.

ML21

"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.

ML17, 21, 22

"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.

ML21

"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.

ML17

"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.

ML8

"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.

ML6, 13

"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.

ML8, 18

"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.

ML7

"Expression Vectors"

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

introduce genetic material into host cells.

ML13

"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.

ML15

"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.

ML17

"Fuel cell"

An electrochemical device that converts

chemical energy directly into Direct Current (DC)

electricity by consuming fuel from an external

source.

ML22

"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".

ML9, 19

"Laser"

An item that produces spatially and

temporally coherent light through amplification by

stimulated emission of radiation.

ML17

"Library" (parametric technical database)

A collection of technical information,

reference to which may enhance the performance of

relevant systems, equipment or components.

ML10

"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.

ML17

"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.

ML8

"Precursors"

Speciality chemicals used in the manufacture

of explosives.

ML 21,22

"Production"

Means all production stages, such as: product

engineering, manufacture, integration, assembly

(mounting), inspection, testing, quality assurance.

ML8

"Propellants"

Substances or mixtures that react chemically

to produce large volumes of hot gases at controlled

rates to perform mechanical work.

ML4, 8

"Pyrotechnic(s)"

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.

ML22

"Required"

As applied to "technology", refers to only 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.

ML7

"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".)

ML17

"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 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.

ML11

"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 and Regional

Navigation Satellite Systems.

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.

ML11

"Spacecraft"

Active and passive satellites and space probes.

ML19

"Space-qualified"

Designed, manufactured, or qualified through

successful testing, for operation at altitudes greater

than 100 km above the surface of the Earth.

Note A determination 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.

ML20

"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.

Note "Critical temperatures" (sometimes

referred to as the transition temperature) of a

specific

"supercondutive"

material

is

the

temperature at which the material loses all

resistance to the flow of direct electrical current.

ML22

"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

the EU Common Military List 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.

2. "Technical assistance" may take forms

such as instruction, skills, training, working

knowledge,

consulting

services.

"Technical

assistance" may involve transfer of "technical data".

3. "Use"

operation,

installation

(installing on-site installation), maintenance

(checking), repair, overhaul and refurbishing.

ML10

"Unmanned aerial vehicle" ("UAV")

Any "aircraft" capable of initiating flight and

sustaining controlled flight and navigation without

any human presence on board.

ML21

"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.