Proclamation 3038—Enumeration of Arms, Ammunition, and Implements of War

Whereas section 12 (1) of the joint resolution of Congress approved November 4, 1939, 54 Stat. 11 (22 U.S.C. 452 (i)), provides in part as follows:

"The President is hereby authorized to proclaim upon recommendation of the [National Munitions Control] Board from time to time a list of articles which shall be considered arms, ammunition, and implements of war for the purposes of this section • • • "; and

Whereas section 13 of the said joint resolution provides, in part, that the President may exercise any power or authority conferred upon him by that resolution through any such officer or officers as he shall direct:

Now, Therefore, I, Dwight D. Eisenhower, President of the United States of America, acting under and by virtue of the authority conferred upon me by the said joint resolution of Congress, and upon the recommendation of the National Munitions Control Board, do hereby declare and proclaim that the articles listed below and such components, parts, accessories, attachments, and related items as may be designated upon recommendation of the National Munitions Control Board in regulations issued by the Secretary of State and published in the Federal Register shall be considered arms, ammunition, and implements of war for the purposes of section 12 of the said joint resolution of Congress:

CATEGORY I—SMALL ARMS AND MACHINE GUNS

Rifles, carbines, revolvers, pistols, machine pistols, and machine guns using ammunition of caliber .22 or over.

CATEGORY II—ARTILLERY AND PROJECTORS

Guns, howitzers, cannon, mortars, tank destroyers, rocket launchers, military flame throwers, military smoke projectors, and recoilless rifles.

CATEGORY III—AMMUNITION

Ammunition of caliber .22 or over for the arms enumerated in Categories I and II hereof.

CATEGORY IV—BOMBS, TORPEDOES, ROCKETS, AND GUIDED MISSILES

(a) Bombs, torpedoes, grenades (including smoke grenades), smoke canisters, rockets, mines, guided missiles, depth charges, fire bombs, incendiary bombs.

(b) Apparatus and devices for the handling, control, activation, discharge, detonation, or detection of items enumerated in paragraph (a) of this category.

CATEGORY V—FIRE CONTROL EQUIPMENT AND RANGE FINDERS

Fire control, gun tracking, and infrared and other night-sighting equipment; range, position and height finders, and spotting instruments; aiming devices (electronic, gyroscopic, optic, and acoustic); bomb sights, gun sights, and periscopes for the arms, ammunition, and implements of war enumerated in this proclamation.

CATEGORY VI—TANKS AND ORDNANCE VEHICLES

Tanks, military type armed or armored vehicles, ammunition trailers, and amphibious vehicles (land vehicles capable of limited endurance in water), military half tracks, military type tank recovery vehicles, and gun carriers.

CATEGORY VII—TOXICOLOGICAL AGENTS

(a) Biological or chemical toxicological agents adapted for use in war to produce casualties or to damage crops.

(b) Equipment for the dissemination, detection, and identification of, and defense against, the items described in paragraph (a) of this category.

CATEGORY VIII—PROPELLANTS AND EXPLOSIVES

Propellants for the articles enumerated in Categories III, IV, and VII hereof; military high explosives.

CATEGORY IX—VESSELS OF WAR AND SPECIAL NAVAL EQUIPMENT

(a) Warships, amphibious warfare vessels. landing craft, mine warfare vessels, patrol vessels, auxiliary vessels, service craft, floating dry docks, and experimental types of naval ships.

(b) Equipment for the laying, detection, detonation, and sweeping of mines.

(c) Submarine nets.

CATEGORY X—AIRCRAFT

Aircraft and airborne equipment.

CATEGORY XI—MISCELLANEOUS EQUIPMENT

(a) Radar of all types, including guidance systems and airborne or ground radio equipment therefor; electronic counter-measure and jamming equipment; underwater sound equipment; all other electronic equipment specially designed for military use; radio- communications equipment bearing a military designation; electronic navigational aids specially designed for military use such as radio direction finding equipment, radio distance measuring systems such as Shoran, and hyperbolic grid systems such as Raydist, Loran, and Decca.

(b) Aerial and special purpose military cameras and specialized processing equipment therefor; military photointerpretation, stereoscopic plotting, and photogrammetry equipment.

(c) Armor plate, armored railway trains, military steel helmets, body armor, and flak suits.

(d) Specialized military mobile repair shops specially designed to service military equipment.

(e) Pressurized breathing equipment and partial pressure suits for use in aircraft, anti "G" suits, military crash helmets, parachutes utilized for personnel, cargo, and deceleration purposes, and aircraft liquid oxygen converters.

(f) Military pyrotechnics including projectors therefor.

(g) Specialized military training equipment.

(h) Tear gas and equipment for the dissemination thereof.

CATEGORY XII—CLASSIFIED MATERIAL

All material not enumerated herein which is classified from the standpoint of military security.

This proclamation shall become effective on January 1, 1954, and shall on that date supersede Proclamation No. 2776 of March 26, 1948, entitled "Enumeration of Arms, Ammunition, and Implements of War".

In Witness Whereof, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 18th day of November in the year of our Lord nineteen hundred and fifty-three, and of the Independence of the United States of America the one hundred and seventy-eighth.

DWIGHT D. EISENHOWER

By the President:

JOHN FOSTER DULLES,

Secretary of State