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ITAR Definition of Specially Designed

“Specially Designed” – as defined by the ITAR 120.41**

Paragraph (a)
Except for commodities or software described in paragraph (b) of this section, a commodity or software (see 121.8(f) of this subchapter) is “specially designed” if it:

1. As a result of development, has properties peculiarly responsible for achieving or exceeding the controlled performance levels, characteristics, or performance functions described in the relevant USML paragraph; or

2. Is a part (see 121.8(d) of this subchapter), component (see 121.8(b) of this subchapter), accessory (see 121.8(c) of this subchapter), attachment (see 121.8(c) of this subchapter), or software for use in or with a defence article.

Paragraph (b)
A part, component, accessory, attachment or software is not controlled by a U.S. Munitions List “catch-all” or technical data control paragraph if it:
1. Is subject to the EAR pursuant to a commodity jurisdiction determination;

2. Is, regardless of form or fit, a fastener (e.g. screws, bolts, nuts, nut plates, studs, inserts, clips, rivets, pins) washers, spacer, insulator, grommet, bushing, spring, wire, or solder;

3. Has the same function, performance capabilities and the same or equivalent form and fit as a commodity or software used in or with a commodity that:
i. either is or was in production (i.e. not in development); and

ii. and is not enumerated on the U.S. Munitions List;

4. Was or is being developed with the knowledge that it is or would be in use in or with both defence articles enumerated on the U.S. Munitions List and also commodities not on the U.S. Munitions List; or

5. Was or is being developed as a general purpose commodity or software i.e., with no knowledge for use in or with a particular commodity (e.g., a F/A-18 or HMMWV) or type of commodity (e.g., an aircraft or machine tool).

** Always consult the definition of “specially designed” in the regulations and read all relevant notes to the definition. Always refer to the definition of words in quotation marks.

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