22 CFR §121.1 Category XXI
USML Category XXI: Articles, Technical Data and Defense Services Not Otherwise Enumerated
USML Category XXI is the residual catch-all category that captures defense articles, technical data, and defense services that have a predominant military application but do not fit within any of the more specific categories (I–XX). DDTC uses Category XXI to control emerging defense technologies and items with significant military utility that predate specific enumeration in the USML. Articles controlled here often migrate to more specific categories as the USML is updated.
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 XXI covers
USML Category XXI is the residual catch-all category that captures defense articles, technical data, and defense services that have a predominant military application but do not fit within any of the more specific categories (I–XX). DDTC uses Category XXI to control emerging defense technologies and items with significant military utility that predate specific enumeration in the USML. Articles controlled here often migrate to more specific categories as the USML is updated.
Common controlled items
- Emerging defense technologies under policy review for specific category placement
- Military-specific artificial intelligence and machine learning systems for weapons
- Defense articles under commodity jurisdiction review pending USML enumeration
- Technical data packages for defense systems not enumerated in specific categories
- Defense services for items whose hardware category is under DDTC review
- Military augmented reality and heads-up display systems not fitting Category XII
- Specialized defense manufacturing equipment not specifically listed elsewhere
EAR / ECCN
EAR overlap
Items in Category XXI are ITAR-controlled by virtue of their predominant military application. If DDTC determines an item is not a defense article, it may revert to EAR jurisdiction under applicable ECCN entries. The commodity jurisdiction (CJ) process is particularly important for Category XXI items, as their classification may be unclear without a formal DDTC determination.
Licensing
Typical license requirements
Standard DSP-5 licensing applies. Because Category XXI items are not specifically enumerated, exporters should request a formal commodity jurisdiction (CJ) determination from DDTC before exporting items they believe may fall within this category, as the CJ establishes the definitive jurisdiction finding for recordkeeping and compliance purposes.
Regulations
Key citations
22 CFR §121.1 Category XXI22 CFR §120.4 — Commodity Jurisdiction (CJ) Procedure22 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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