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DSGL Item Details - ML908

PART 1 Munitions List

ML908.  “Energetic materials” other than “energetic materials” specified in ML8, including high explosives specified in 1C239, but excluding those specially formulated for toys, novelty goods and fireworks.

Related Software Controls

​​​ML21.  “Software” as follows:

a. "Software"​ spe​cially designed or modified for any of the following:

1. ​​​"Development", "production"", operation or maintenance of equipment specified by the Munitions List;

2. ​"Development" or "production" of materials specified by the Munitions List; or

3​. ​​​"Development", "production", operation or maintenance of "software" ​specified by the Munitions 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;

c.  “Software”, not specified by ML21.a.​ or b., specially designed or modified to enable equipment not specified by the Munitions List to perform the military functions of equipment specified by the Munitions List.

Related Technology Controls

​​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 Munitions 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 Munitions 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;

​N.B.:  See ML22.a. for "technology" previously specified by ML22.b.3.

4.  Not used;

N.B.:  See ML22.a. for "technology" previously specified by ML22.b.4.

5.  “Technology” “required” exclusively for the incorporation of “biocatalysts”, specified by ML7.i.1., into military carrier substances or military material.

Note 1:  “Technology” “required” for the “development”, “production”, operation, installation, maintenance (checking), repair, overhaul or refurbishing of items specified by the Munitions List remains under control even when applicable to any item not specified by the Munitions List.

Note 2:  ML22 does not apply to:

a.  “Technology” that is the minimum necessary for the installation, operation, maintenance (checking) and 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.

Note 3:  ML22 does not apply to “technology” “required” for the operation, installation, maintenance (checking), repair, overhaul or refurbishing of items specified by ML901 to ML905.​

Relevant Notes for interpreting this DSGL Item

GENERAL NOTES

​​​​Definitions

Terms in “quotation marks” are defined terms (see Definitions). Words and terms that are defined and that appear in the Defence and Strategic Goods List without quotation marks are intended to take their ordinary dictionary meanings.


​​ Notes​

​​​The Notes, Technical Notes and Nota Bene (N.B.) appearing in the Defence and Strategic Goods List form an integral part of the control text.


Incorporated goods​

The object of the controls contained in the Defence and Strategic Goods List should not be defeated by the export of any non‑controlled goods (including plant) containing one or more controlled components when the controlled component or components are the principal element of the goods and can feasibly be removed or used for other purposes.​​

N​ote​:​      In judging whether the controlled component or components are to be considered the principal element, it is necessary to weigh the factors of quantity, value and technological know‑how involved and other special circumstances which might establish the controlled component or components as the principal element of the goods being procured.​


New and used goods

Goods specified in the Defence and Strategic Goods List include both new and used goods.


CAS numbers

In some instances chemicals are listed by name and 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 cannot be used as unique identifiers because:

   (a)some forms of the listed chemical have different CAS numbers; and

   ​(b)​mixtures containing a listed chemical may also have different CAS numbers.​

​ ​​

Source Code

“Source code” items are controlled either by “software” or by “software” and “technology” controls, except when such “source code” items are explicitly decontrolled.​​


Medical equipment

Equipment specially designed for medical end use that incorporates an item controlled in the Dual Use List is not controlled​​​.​​​

General “information security” note (GISN)

"Information security" items or functions should be considered against the provisions in Category 5 Part 2, even if they are components, "software" or functions of other items.

Note(s) to PART 1 Munitions List

Additional DSGL Items to consider

Additional Guidance Material

No additional guidance material found

Definitions & Abbreviations

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