A question people ask · answered against the Corpus of 2026-08-29
What does "specially designed" actually mean?
It is a defined term with a catch-and-release structure, not a judgement about intent.
"Specially designed" is the hinge on which most ITAR-or-not questions turn, and it is the term teams most often use loosely. It has a formal definition at 22 CFR 120.41, with a near-identical structure in the EAR.
The test catches first. An item is caught if it has properties peculiarly responsible for achieving the controlled performance of a USML item, or if it is a part or component of a defence article.
Then it releases. A caught item is released if, among other grounds, it is in production and used in or with both a defence article and a non-defence article, or has the same function and performance as a commodity in normal commercial use, or was developed with knowledge that it would be used in both.
A part is not ITAR because it ends up in a military system, and it is not clear of ITAR because it also sells commercially. It is the catch-and-release path, walked in order and written down, that decides.
What decides it
- 01Is the part used in or with a defence article?
- 02Is the same part in production and used in a non-defence article too?
- 03Does it have the same function, performance and form as a commercial commodity?
- 04Was it developed with knowledge of both military and commercial use?
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The entries this turns on, opening text as it reads today
§ 120.41 Specially designed. (a) Except for commodities or software described in paragraph (b) of this section, a commodity or software 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 functions described in the relevant U.S. Munitions List (USML) paragraph in § 121.1 of this subchapter; or Note 1 to paragraph (a)(1): An example of a commodity that as a result of development has properties peculiarly responsible for achieving or exceeding the controlled performance levels, functions, or characteristics in a USML category would be a swimmer delivery vehicle specially designed to dock with a submarine to provide submerged transport for swimmers or divers from submarines. […]
Skenai never shows unquoted regulation. This page is research and documentation, not legal advice, and it is not a determination on your product.
People who ask this also ask
- Is a drone motor or ESC ITAR?Almost never on its own. A commercial motor sold into both markets is released by the specially designed test.
- What does EAR99 mean?It means the item is subject to the EAR but is not listed on the Commerce Control List. It is a residual, not a clearance.
- What is the difference between ITAR and EAR?Two regimes, two regulators. ITAR is State and covers defence articles; EAR is Commerce and covers dual-use items.
A general answer is not your answer.
The Interview asks 5 to 9 questions about your product, only the ones the entries turn on, and names the Determination free. The Dossier is the dated, cited record of how it was reached — the thing an investor or a prime asked for.
Free, no account. Dossier $249 if you want the record.