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(Revised December 11, 2014)

 

PGI 225.7—PROHIBITED SOURCES

(See DFARS 225.7, DFARS/PGI view)

 

PGI 225.770  Prohibition on acquisition of United States Munitions List items from Communist Chinese military companies.

 

      (1)  The Department of State is the lead agency responsible for the regulations governing the export of defense articles, which are identified on the United States Munitions List.  The Department of State has issued the International Traffic in Arms Regulations, which implement the Arms Export Control Act (22 U.S.C. 2751) and include the United States Munitions List.

 

      (2)  The official version of the International Traffic in Arms Regulations can be found in Title 22, Parts 120 through 130, of the Code of Federal Regulations (22 CFR 120-130), published by the U.S. Government Printing Office and available at http://www.gpoaccess.gov/cfr/index.html.  The Department of State also publishes an on-line version at http://pmddtc.state.gov/regulations_laws/itar_official.html

 

PGI 225.770-1  Definitions.

 

      In accordance with 22 CFR 121.8—

 

      (1)  A major component includes any assembled element that forms a portion of an end item without which the end item is inoperable.  Examples of major components are airframes, tail sections, transmissions, tank treads, and hulls; 

 

      (2)  A minor component includes any assembled element of a major component; and 

 

      (3)  Examples of parts are rivets, wires, and bolts.

 

PGI 225.770-4  Identifying USML items.

 

      (1)  The 21 categories of items on the United States Munitions List (USML) can be found at http://pmddtc.state.gov/regulations_laws/itar_official.html.  Where applicable, the categories also contain a statement with regard to the coverage of components and parts of items included in a category.  For example, a category may include all components and parts of covered items, or only those components and parts specifically designed or modified for military use.

 

      (2)  In addition to the list of covered items, the USML provides explanation of terms needed to determine whether a particular item is or is not covered by the USML. 

 

      (3)  Within DoD, the experts on export control and the USML are in the Defense Technology Security Administration (DTSA). 

 

              (i)  Official authorities and responsibilities of DTSA are in DoD Directive 5105.72, available at http://www.dtic.mil/whs/directives/corres/html/510572.htm

 

              (ii)  Additional information on DTSA and a correspondence link are available at http://www.dod.mil/policy/sections/policy_offices/dtsa/index.html.

 

PGI 225.770-5  Waiver of prohibition.

 

      (c)  Send the DPAP copy of the report to:

 

              Director, Defense Procurement and Acquisition Policy

                              ATTN: OUSD(AT&L) DPAP/CPIC

                              3060 Defense Pentagon

                              Washington, DC 20301-3060.

 

PGI 225.771  Prohibition on contracting or subcontracting with a firm that is owned or controlled by the government of a country that is a state sponsor of terrorism.

 

PGI 225.771-3  Notification.

Forward any information indicating that a firm, a subsidiary of a firm, or any other firm that owns or controls the firm, may be owned or controlled by the government of a country that is a state sponsor of terrorism, through agency channels, to: Deputy Director, Defense Procurement (Contract Policy and International Contracting, OUSD(AT&L) DPAP/CPIC), 3060 Defense Pentagon, Washington, DC 20301-3060.

 

PGI 225.772  Prohibition on acquisition of commercial satellite services from certain foreign entities.

 

PGI 225.772-3 Procedures.

 

      (1)  Forward any information required in accordance with 225.772-3 or requests for an exception to:

 

              Director, Defense Procurement and Acquisition Policy

                              ATTN: OUSD(AT&L) DPAP/CPIC

                              3060 Defense Pentagon

                              Washington, DC 20301-3060.

 

      (2)  Consult with OUSD(AT&L) DPAP/CPIC, as required in accordance with 225.772-3(b)(2), by telephone at 703-697-0895 or 703-695-8569.