A:6: Yes, it is possible you may need to review "specially designed" more than one time (potentially one time under the ITAR, and two times under the EAR) as you progress through the analysis of the USML and CCL. You always start your review with the USML following the new USML Order of Review (see 22 CFR 121.1(b)(1)). Under the USML Order of Review, you may need to conduct an analysis of whether an item is "specially designed" under the ITAR. This review is done using the ITAR definition of "specially designed" (see 22 CFR 120.41) If the item is subject to the EAR, you will follow the CCL Order of Review. In following the CCL Order of Review, you may need to review the EAR "specially designed" definition for the "600 series." If you determine the item is not classified in the "600 series," you will need to review the rest of the CCL. As part of the review of the rest of the CCL, you may need to conduct a third analysis of "specially designed." This is why the review of "specially designed" is sometimes referred to as a cascading review.

   
© BIS 2019