22 CFR §121.1 Category VIII
USML Category VIII: Aircraft and Associated Equipment
USML Category VIII is one of the broadest and most commercially significant ITAR categories, covering military aircraft, helicopters, unmanned aerial vehicles (UAVs) designed or modified for military use, and the engines, avionics, subsystems, and components that are specially designed for these platforms. The category captures both manned and unmanned systems and includes associated technical data, production technology, and defense services.
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Founder, ITAR Screen
Trenton is the founder of ITAR Screen and Gideon Dynamics. He built ITAR Screen to give defense contractors and dual-use exporters fast, auditable USML classification and denied-party screening without the complexity of enterprise compliance platforms.
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Coverage
What Category VIII covers
USML Category VIII is one of the broadest and most commercially significant ITAR categories, covering military aircraft, helicopters, unmanned aerial vehicles (UAVs) designed or modified for military use, and the engines, avionics, subsystems, and components that are specially designed for these platforms. The category captures both manned and unmanned systems and includes associated technical data, production technology, and defense services.
Common controlled items
- Fighter aircraft (F-16, F/A-18, F-35) and bombers
- Military transport aircraft (C-130, C-17) and tankers (KC-46)
- Attack and multi-role helicopters (AH-64 Apache, UH-60 Black Hawk)
- Military UAVs with weapons integration or ISR capabilities (MQ-9, RQ-4)
- Military aircraft engines and propulsion systems (F100, F110, T700)
- Military-specification avionics — mission computers, radar warning receivers
- Air-to-air and air-to-ground weapons integration hardware
EAR / ECCN
EAR overlap
Commercial aircraft and their standard components are EAR-controlled under ECCN 9A001 or related entries. Items become ITAR-controlled when they are specially designed for military aircraft or when their performance characteristics are militarily significant. Dual-use avionics frequently require CJ determinations to establish ITAR vs. EAR jurisdiction.
Licensing
Typical license requirements
Aircraft and major aircraft components require DSP-5 licenses. Leases and temporary exports use DSP-73. Manufacturing license agreements (MLAs) and technical assistance agreements (TAAs) are required for co-production arrangements. Major combat aircraft transfers require Congressional notification.
Regulations
Key citations
22 CFR §121.1 Category VIII22 CFR §124 — Agreements, Off-Shore Procurement, and Other Defense Services22 CFR §123 — Export Licenses
Always verify against the current version of the USML (22 CFR Part 121) on the eCFR. ITAR Screen classifications are versioned against the USML reference at the time of the call.
Primary sources
- DDTC — 22 CFR Parts 120–130 (ITAR)
Official ITAR text administered by the State Dept. Directorate of Defense Trade Controls
- BIS — 15 CFR Parts 730–774 (EAR)
Export Administration Regulations, including the Commerce Control List (CCL)
- OFAC — Sanctions Programs and Country Information
Current SDN list, blocked persons, and active U.S. Treasury sanctions programs
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