defense article
(5) (A) Except as provided in subparagraph (B), the President shall take such actions as may be necessary to require that, at the time of export or reexport of any major defense equipment listed on the 600 series of the Commerce Control List contained in Supplement No. 1 to part 774 of subtitle B of title 15, Code of Federal Regulations , the major defense equipment will not be subsequently modified so as to transform such major defense equipment into a defense article. (B) The President may authorize the transformation of any major defense equipment described in subparagraph (A) into a defense article if the President— (i) determines that such transformation is appropriate and in the national interests of the United States; and (ii) provides notice of such transformation to the chairman of the Committee on Foreign Affairs of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate consistent with the notification requirements of section 2776(b)(5)(A) of this title . (C) In this paragraph, the term “defense article” means an item designated by the President pursuant to subsection (a)(1).