For purposes of this subchapter, a specific article or service may be designated a defense article (see § 120.6 of this subchapter) or defense service (see § 120.9 of this subchapter) if it:

Meets the criteria of a defense article or defense service on the U.S. Munitions List; or

Provides the equivalent performance capabilities of a defense article on the U.S. Munitions List.

For purposes of this subchapter, a specific article or service shall be determined in the future as a defense article or defense service if it provides a critical military or intelligence advantage such that it warrants control under this subchapter.

An article or service determined in the future pursuant to this subchapter as a defense article or defense service, but not currently on the U.S. Munitions List, will be placed in U.S. Munitions List Category XXI until the appropriate U.S. Munitions List category has been amended to provide the necessary entry.

A specific article or service is not a defense article or defense service for purposes of this subchapter if it:

Is determined to be under the jurisdiction of another department or agency of the U.S. Government (see § 120.5 of this subchapter) pursuant to a commodity jurisdiction determination (see § 120.4 of this subchapter) unless superseded by changes to the U.S. Munitions List or by a subsequent commodity jurisdiction determination; or

Meets one of the criteria of § 120.41(b) of this subchapter when the article is used in or with a defense article and specially designed is used as a control criteria (see § 120.41 of this subchapter).

The intended use of the article or service after its export (i.e., for a military or civilian purpose), by itself, is not a factor in determining whether the article or service is subject to the controls of this subchapter.