Specially Designed: The Most Important Term in Export Controls

Covering the meaning and importance of the specially designed “CATCH-ALL” and the “CATCH and RELEASE” approach and more!

TWO important things about “specially designed”…

First, it plays a major role in clarifying and altering U.S. export controls on many products and technologies.

Second, understanding it is not always simple. Fortunately, it is not impossible to understand and apply, especially with ECTI guiding you through the voluminous regulatory and rule-making language to show you what you need to know and understand. Join us – for newfound skill and confidence in using specially designed for YOUR export classifications.

It has been several years since the Departments of State and Commerce defined the term “specially designed” in the International Traffic in Arms Regulations and the Export Administration Regulations. In that time, the phrase has become ubiquitous in the U.S. Munitions List (nearly 300 uses) and the Commerce Control List (over 1,000), affecting classifications and export license requirements for a huge range of items.

A thorough understanding of these two words is essential for anyone determining export control classifications of hardware, software, technology, or defense services on the USML or the CCL. This webinar will help you get a handle on how these wordy and complex definitions impact your export control jurisdiction and classification decision-making, whether you are considering a USML category or an Export Control Classification Number (ECCN).

At first glance, it is easy to overlook how a seemingly simple phrase can have such a major impact on export control classifications for such a wide range of items including equipment, materials, and components. If you take a closer look, and perform a systematic analysis using specially designed, you may find significant changes, possibly to your benefit, in your ITAR and EAR export classifications.

Unfortunately, some of the advantages that specially designed may provide to your exports may be counterintuitive. Did you know that a part which was designed for a missile still may not be considered specially designed for that missile? In fact, that part and related technology could be classified as EAR99 and eligible for export No License Required to nearly all countries. This webinar will cover these important points, as well as:

• The meaning and importance of the specially designed “catch-all”
• How specially designed fits in to the ITAR and EAR orders of review
• The “catch and release” approach of specially designed
• The across-the-board exclusion of minor parts
• The exclusion based on the existence of similar, but not identical items
• The exclusions for items intended for use in both highly controlled and lesser controlled equipment
• Understanding when specially designed is used to decontrol items
• Plenty of examples from both the USML and the CCL (600 series and other ECCNs)
• Suggestions for how to go about reclassifying your products based on the definition