Defining Defense Articles
A defense article is any item or technical data on the USML. The defining characteristic is that the item is specifically designed, developed, configured, adapted, or modified for a military application as described in a USML category. Defense articles include hardware, software, technical data, and defense services.
Not all items used by the military are defense articles. Items purchased commercially off-the-shelf by military end-users may still be EAR-controlled dual-use items if they are not specifically described on the USML.
Defining Dual-Use Items
Dual-use items have both civilian and military applications and are controlled under the EAR on the Commerce Control List. The term 'dual-use' reflects that these items are designed for commercial purposes but possess technical characteristics that could also serve military functions.
Dual-use controls are based primarily on technical parameters rather than design intent. A high-performance computer is controlled based on its processing speed, not whether it was designed for military or commercial use.
How to Distinguish
The key question is whether the item is specifically described on the USML. Military design intent alone does not make an item a defense article — it must be enumerated on the USML. Conversely, commercial availability does not exclude an item from USML control if it is specifically described there.
When in doubt, the ITAR/EAR boundary should be resolved through a Commodity Jurisdiction request to DDTC. Self-determination of jurisdiction is permitted but carries risk if incorrect.