XVI

22 CFR §121.1 Category XVI

USML Category XVI: Nuclear Weapons, Special Nuclear Material and Related Equipment

USML Category XVI covers nuclear weapons, nuclear weapon components, special nuclear materials (SNM), and equipment specifically designed for nuclear weapons design, testing, or delivery. This category interfaces with Nuclear Regulatory Commission (NRC) and Department of Energy (DOE) jurisdiction for civilian nuclear materials, but the ITAR controls DDTC-administered items specifically designed for military nuclear weapons applications. The category represents some of the most sensitive items in the U.S. export control system.

TC

Reviewed by

Trenton Crouch

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.

Last reviewed:

Coverage

What Category XVI covers

USML Category XVI covers nuclear weapons, nuclear weapon components, special nuclear materials (SNM), and equipment specifically designed for nuclear weapons design, testing, or delivery. This category interfaces with Nuclear Regulatory Commission (NRC) and Department of Energy (DOE) jurisdiction for civilian nuclear materials, but the ITAR controls DDTC-administered items specifically designed for military nuclear weapons applications. The category represents some of the most sensitive items in the U.S. export control system.

Common controlled items

  • Nuclear weapon designs, test configurations, and weapon physics packages
  • Highly enriched uranium (HEU) and plutonium in weapons-usable configurations
  • Nuclear weapon arming, fuzing, and firing (AF&F) systems
  • Nuclear weapon delivery vehicles and hardened bomb cases
  • Tritium gas management systems for nuclear warheads
  • Nuclear weapon effects simulators and testing equipment
  • Inertial confinement fusion (ICF) target fabrication systems for weapons research

EAR / ECCN

EAR overlap

Civilian nuclear materials and equipment are primarily controlled by the NRC under 10 CFR Part 110 and by DOE under 10 CFR Part 810. Items with purely civilian nuclear power plant applications are generally not ITAR-controlled. The ITAR applies to nuclear weapons-specific applications — particularly any item that contributes to nuclear weapon design, delivery, or testing.

Licensing

Typical license requirements

Category XVI items face an effective prohibition on export in virtually all circumstances. Any transfer requires coordination across multiple agencies including DOE, NRC, DOD, and the National Security Council. There are no standard DSP-5 procedures for nuclear weapon components — transfers are handled through special presidential authorization channels.

Regulations

Key citations

  • 22 CFR §121.1 Category XVI
  • 10 CFR Part 110 — NRC Nuclear Export Regulations
  • 10 CFR Part 810 — DOE Authorization for Nuclear Technology
  • Nuclear Non-Proliferation Treaty (NPT)

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

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