Defence and Strategic Goods List Amendment 2011 (No. 1) - F2013C00051</a>

Some excerpts

Amendment of Defence and Strategic Goods List

9A012    “Unmanned aerial vehicles” (“UAVs”), associated systems, equipment and components, as follows:
a.    “UAVs” having any of the following:
1.    An autonomous flight control and navigation capability (e.g., an autopilot with an Inertial Navigation System); or
2.    Capability of controlled‑flight out of the direct vision range involving a human operator (e.g., televisual remote control);
b.    Associated systems, equipment and components, as follows:
1.    Equipment specially designed for remotely controlling the “UAVs” specified in 9A012.a.;
2.    Systems for navigation, attitude, guidance or control, other than those specified in 7A and specially designed to provide autonomous flight control or navigation capability to “UAVs” specified in 9A012.a.;
3.    Equipment and components, specially designed to convert a manned “aircraft” to a “UAV” specified in 9A012.a.;
4.    Air breathing reciprocating or rotary internal combustion type engines, specially designed or modified to propel “UAVs” at altitudes above 50,000 feet (15,240 metres).

7D003    Other “software” as follows:
a.    “Software” specially designed or modified to improve the operational performance or reduce the navigational error of systems to the levels specified in 7A003, 7A004 or 7A008;
b.    “Source code” for hybrid integrated systems which improves the operational performance or reduces the navigational error of systems to the level specified in 7A003 or 7A008 by continuously combining heading data with any of the following:
1.    Doppler radar or sonar velocity data;
2.    Global navigation satellite systems (i.e., GPS or GLONASS) reference data; or
3.    Data from “Data‑Based Referenced Navigation” (“DBRN”) systems;
c.    “Source code” for integrated avionics or mission systems which combine sensor data and employ “expert systems”;
d.    “Source code” for the “development” of any of the following:
1.    Digital flight management systems for “total control of flight”;
2.    Integrated propulsion and flight control systems;
3.    Fly‑by‑wire or fly‑by‑light control systems;
4.    Fault‑tolerant or self‑reconfiguring “active flight control systems”;
5.    Airborne automatic direction finding equipment;
6.    Air data systems based on surface static data; or
7.    Raster‑type head‑up displays or three dimensional displays;
e.    Computer‑Aided‑Design (CAD) “software” specially designed for the “development” of “active flight control systems”, helicopter multi‑axis fly‑by‑wire or fly‑by‑light controllers or helicopter “circulation controlled anti‑torque or circulation‑controlled direction control systems”, whose “technology” is specified in 7E004.b., 7E004.c.1. or 7E004.c.2.

ML17.    Miscellaneous equipment, materials and ‘libraries’, as follows, and specially designed components therefor:
...
“Robot” (2 8 ML17) means a manipulation mechanism, which may be of the continuous path or of the point‑to‑point variety, may use sensors, and has all the following characteristics:
a.    Is multifunctional;
b.    Is capable of positioning or orienting material, parts, tools or special devices through variable movements in three dimensional space;
c.    Incorporates three or more closed or open loop servo‑devices which may include stepping motors; and
d.    Has “user‑accessible programmability” by means of teach/playback method or by means of an electronic computer which may be a programmable logic controller, i.e., without mechanical intervention.
N.B.:    The above definition does not include the following devices:
1.    Manipulation mechanisms which are only manually / teleoperator controllable;
2.    Fixed sequence manipulation mechanisms which are automated moving devices, operating according to mechanically fixed programmed motions. The program is mechanically limited by fixed stops, such as pins or cams. The sequence of motions and the selection of paths or angles are not variable or changeable by mechanical, electronic or electrical means;
3.    Mechanically controlled variable sequence manipulation mechanisms which are automated moving devices, operating according to mechanically fixed programmed motions. The program is mechanically limited by fixed, but adjustable stops, such as pins or cams. The sequence of motions and the selection of paths or angles are variable within the fixed program pattern. Variations or modifications of the program pattern (e.g., changes of pins or exchanges of cams) in one or more motion axes are accomplished only through mechanical operations;

ML21.    “Software” as follows:
a.    “Software” specially designed or modified for the “development”, “production” or “use” of equipment, materials or “software”, specified by the Munitions List;
b.    Specific “software”, other than that specified by ML21.a., as follows:
1.    “Software” specially designed for military use and specially designed for modelling, simulating or evaluating military weapon systems;
2.    “Software” specially designed for military use and specially designed for modelling or simulating military operational scenarios;
3.    “Software” for determining the effects of conventional, nuclear, chemical or biological weapons;
4.    “Software” specially designed for military use and specially designed for Command, Communications, Control and Intelligence (C3I) or Command, Communications, Control, Computer and Intelligence (C4I) applications;
c.    “Software”, not specified by ML21.a., or b., specially designed or modified to enable equipment not specified by the Munitions List to perform the military functions of equipment specified by the Munitions List.
4.    Non‑servo‑controlled variable sequence manipulation mechanisms which are automated moving devices, operating according to mechanically fixed programmed motions. The program is variable but the sequence proceeds only by the binary signal from mechanically fixed electrical binary devices or adjustable stops;
5.    Stacker cranes defined as Cartesian coordinate manipulator systems manufactured as an integral part of a vertical array of storage bins and designed to access the contents of those bins for storage or retrieval.

ML22.    “Technology” as follows:
a.    “Technology”, other than specified in ML22.b., which is “required” for the “development”, “production” or “use” of items specified by the Munitions List;
b.    “Technology” as follows:
1.    “Technology” “required” for the design of, the assembly of components into, and the operation, maintenance and repair of, complete production installations for items specified by the Munitions List, even if the components of such production installations are not specified;
2.    “Technology” “required” for the “development” and “production” of small arms, even if used to produce reproductions of antique small arms;
3.    “Technology” “required” for the “development”, “production” or “use” of toxicological agents, related equipment or components, specified by ML7.a. to ML7.g.;
4.    “Technology” “required” for the “development”, “production” or “use” of “biopolymers” or cultures of specific cells, specified by ML7.h.;
5.    “Technology” “required” exclusively for the incorporation of “biocatalysts”, specified by ML7.i.1., into military carrier substances or military material.
Note 1:    “Technology” “required” for the “development”, “production” or “use” of items specified by the Munitions List remains under control even when applicable to any item not specified by the Munitions List.
Note 2:    ML22 does not apply to:
a.    “Technology” that is the minimum necessary for the installation, operation, maintenance (checking) and repair, of those items which are not controlled or whose export has been authorised;
b.    “Technology” that is “in the public domain”, “basic scientific research” or the minimum necessary information for patent applications;
c.    “Technology” for magnetic induction for continuous propulsion of civil transport devices.

GENERAL SOFTWARE NOTE (GSN)
(This note overrides any control within section D of Categories 0 to 9.)
Categories 0 to 9 of this list do not control “software” which is either:
1.    Generally available to the public by being:
a.    Sold from stock at retail selling points, without restriction, by means of:
1.    Over‑the‑counter transactions;
2.    Mail order transactions;
3.    Electronic transactions; or
4.    Telephone order transactions; and
b.    Designed for installation by the user without further substantial support by the supplier; or
N.B.:    Entry a. of the General Software Note does not release “software” specified in Category 5 — Part 2 (“Information Security”).
2.    “In the public domain”.

“In the public domain” (GTN NTN GSN ML22), as it applies herein, means “technology” or “software” which has been made available without restrictions upon its further dissemination (copyright restrictions do not remove “technology” or “software” from being “in the public domain”).

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The public domain statement above looks like it supports existing Open Source software. It would be perverse if US redistribution restrictions broke the "without restrictions upon its further dissemination" caveat. ... But you'd need legal advice ...

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