(a) Except as provided in §129.5, no person who is required to register as a broker pursuant to §129.3 of this subchapter may engage in the business of brokering activities pursuant to §129.2(b) without first obtaining the approval of the Directorate of Defense Trade Controls for the brokering of any of the following:

(1) Any foreign defense article or defense service enumerated in part 121 of this subchapter (see §120.44 of this subchapter, and §129.5 for exemptions) and those foreign origin items on the U.S. Munitions Import List (see 27 CFR 447.21); or

(2) Any of the following U.S. origin defense articles or defense services:

(i) Firearms and other weapons of a nature described by Category I(a) through (d), Category II(a) and (d), and Category III(a) of §121.1 of this subchapter or Category I(a) through (c), Category II(a), and Category III(a) of the U.S. Munitions Import List (see 27 CFR 447.21);

(ii) Rockets, bombs, and grenades as well as launchers for such defense articles of a nature described by Category IV(a), and launch vehicles and missile and anti-missile systems of a nature described by Category IV(b) of §121.1 of this subchapter (including man-portable air-defense systems);

(iii) Vessels of war described by Category VI of §121.1 of this subchapter;

(iv) Tanks and military vehicles described by Category VII of §121.1 of this subchapter;

(v) Aircraft and unmanned aerial vehicles described by Category VIII of §121.1 of this subchapter;

(vi) Night vision-related defense articles and inertial platform, sensor, and guidance-related systems of a nature described by Category XII(c) and (d) of §121.1 of this subchapter;

(vii) Chemical agents and precursors described by Category XIV(a), (c), and (e) of §121.1 of this subchapter, biological agents and biologically derived substances described by Category XIV(b) of §121.1 of this subchapter, and equipment described by Category XIV(f) of §121.1 of this subchapter for dissemination of the chemical agents and biological agents described by Category XIV(a), (b), and (e) of §121.1 of this subchapter;

(viii) Submersible vessels described by Category XX of §121.1 of this subchapter; and

(ix) Miscellaneous articles of a nature described by Category XXI of §121.1 of this subchapter.

(b) [Reserved]

[78 FR 52691, Aug. 26, 2013, as amended at 85 FR 3833, Jan 23, 2020]