Export Controls: What is the definition of “specially designed”
Question
Is specially designed defined anywhere? The control lists do not always say “designed for” or “modified for”. Thank you!
(This question was asked at one of our recent webinars on Export Controls. You can listen to this webinar on our recent webinars page at https://opentoexport.com/info/webinars/)
Answer
The term ‘Specially Designed’ has been used in the Control List for many years but despite considerable effort it has never been formally defined. The Missile Technology Control Regime has provided guidance on what the term means but this is not a full definition. It is generally interpreted as ‘originally designed’ or ‘designed for a specific purpose’. The United States as part of its Export Control Reform has defined the term but this is not universally accepted and only applies in context of the US controls.