22 CFR §121.1 Category XVII
USML Category XVII: Classified Articles, Technical Data and Defense Services Not Otherwise Enumerated
USML Category XVII serves as the primary entry for classified defense articles and technical data that are ITAR-controlled but whose classification level prevents their identification in an unclassified regulation. Any article, technical data, or defense service that is classified by the U.S. Government under a system of security classification and is designed or modified for military use is a defense article under Category XVII, even if it does not appear specifically enumerated in Categories I–XVI or XVIII–XXI.
Reviewed by
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 XVII covers
USML Category XVII serves as the primary entry for classified defense articles and technical data that are ITAR-controlled but whose classification level prevents their identification in an unclassified regulation. Any article, technical data, or defense service that is classified by the U.S. Government under a system of security classification and is designed or modified for military use is a defense article under Category XVII, even if it does not appear specifically enumerated in Categories I–XVI or XVIII–XXI.
Common controlled items
- Classified weapons system design data and engineering specifications
- Classified military systems integration information
- Classified electronic warfare and intelligence system technical data
- Classified military satellite system performance parameters
- Classified nuclear weapon design information and physics packages
- Classified military cryptographic systems and algorithms
- Classified special operations equipment and mission systems
EAR / ECCN
EAR overlap
By definition, classified items controlled under Category XVII are not EAR-controlled. The ITAR and its associated classification authority take precedence over EAR for all classified defense articles. Declassification does not automatically remove an item from ITAR control — a separate USML review is required.
Licensing
Typical license requirements
Transfers of classified defense articles require both a DDTC license and appropriate classification handling procedures including facility clearances for receiving entities. Personnel receiving classified technical data must hold appropriate security clearances, and physical security standards for storage and transmission must meet DoD Information Security Program requirements.
Regulations
Key citations
22 CFR §121.1 Category XVII22 CFR §125 — Licenses for Technical Data and Classified ArticlesDoD 5220.22-M — National Industrial Security Program Operating Manual (NISPOM)32 CFR Part 2001 — Classified National Security Information
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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