This Guidance does not create any privileges, benefits, or rights, substantive or procedural, enforceable by any individual, organization, party, or witness in any administrative, civil, or criminal matter.



A.9: Paragraph (a)(1) uses the broader term items (meaning commodities, technology and software) because it applies more broadly than paragraph (a)(2). Paragraph (a)(1) is primarily used for determining whether end items or materials are "specially designed." In certain ECCN paragraphs, "parts," "components," "accessories," "attachments" or "software" have a control parameter for "parts," "components," "accessories," "attachments" or "software" "specially designed" for a particular function or performance characteristics and in these ECCNs an analysis of (a)(1) would be done.

For any item that is not a "part," "component," "accessory," "attachment" or "software," such as an "end item" or "material" ("end item" and "material" are defined in § 772.1 of the EAR) described in a paragraph that uses "specially designed," paragraph (a)(1) functions as the entire "specially designed" definition – meaning (a)(1) acts as the ‘catch’ and ‘release.’ For example, if the end item meets the criteria of (a)(1), it is "specially designed." If it does not meet the criteria of paragraph (a)(1), it is not "specially designed."

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