U.S. Control Lists and Licensing Procedures
U.S. control lists correspond directly with the lists maintained by the various multinational export control regimes, but are augmented by unilateral controls when necessary to ensure national security and foreign policy imperatives. The three major lists of export-controlled items are the Commerce Control List (CCL), the United States Munitions List (USML), and the Nuclear Regulatory Commission Controls (NRCC).
The CCL includes the following:
The U.S. Munitions List regulates defense articles and services. An article or service may be designated as a defense article or service if it:
- Items on Wassenaar Arrangement Dual-Use List
- Nuclear-related dual use commodities (compiled in the Nuclear Suppliers Group's Nuclear Referral List)
- Dual-use items on Missile Technology Control Regime List
- CW Precursors, biological organisms and toxins, and CBW-related equipment on the Australia Group lists
- Items controlled in furtherance of U.S. foreign policy and other objectives, including anti-terrorism, crime control, Firearms Convention, regional stability, UN sanctions, and short supply reasons
- Unlisted items when destined for specified end-uses or end-users (catch-all controls)
NOTE: The intended use of the article or service after its export is not relevant in determining whether the article or service is controlled on the U.S. Munitions List.
- Is specifically designed, developed, configured, adapted or modified for a military application and
- Does not have predominant civil applications, and
- Does not have performance equivalent (defined by form, fit, and function) to those of an article or service used for civil applications, or
- Is specifically designed, developed, configured, adapted or modified for a military application, and has significant military or intelligence applicability such that control is necessary.
FR in clothing would meet the civi test, as your kids pyjamas attest too. Just cause the colours are green or camouflage doesn't make it military only.
Now if the cloth supplier has exclusive rights on the particular formula or finished product and the military has an exclusive contract with them.....well that FR cloth is off limits, but others are not.
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