ITAR - International Traffic in Arms Regulations
Part 120: Purpose, definitions and general policies – ITAR - International Traffic in Arms Regulations

ITAR - International Traffic in Arms Regulations 120.41: Apply the 'specially designed' test and document releases with contemporaneous evidence

What does 120.41 require?

A commodity or software is specially designed if development gave it properties peculiarly responsible for the controlled performance, characteristics or functions of a USML paragraph, or if it is a part, component, accessory, attachment or software for use in or with a defense article, unless a release in 120.41(b) applies: subject to the EAR by a commodity jurisdiction determination; a listed fastener, washer, spacer, spring, wire or similar item; the same function, performance and form and fit as an item in production that is not USML-enumerated; developed knowing it would serve both USML and non-USML items; or developed as a general-purpose item. The dual-use and general-purpose releases require documents contemporaneous with development, such as concept designs, marketing plans, patent declarations or contracts, and 'knowledge' includes conscious disregard and wilful avoidance (120.41).

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

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