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Expert Analysis

How New 'Specially Designed' Definition Impacts Exporters

Law360, New York (June 12, 2013, 12:51 PM EDT) -- A major source of confusion for exporters has been determining what export controls, if any, apply to items that are not specifically enumerated in any of the applicable regulations. In order to make a determination, exporters have had to look beyond the categories in the International Traffic in Arms Regulations and read the "fine print" to determine whether an item meets the ITAR's definition of "specifically designed." They also have had to consult the details of the Export Administration Regulations to determine whether an item meets the EAR's definition of "specially designed." Further complicating matters, the ITAR and the EAR terminology and definitions differ....

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