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Legal Definitions - dual use item

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Definition of dual use item

A dual use item refers to any commodity, including software, chemicals, or technology, that possesses both legitimate commercial or civilian applications and the potential for military use or for contributing to the proliferation of weapons.

This means an item might be designed for a peaceful purpose, but its characteristics or capabilities could also make it suitable for military applications, weapons development, or other activities that pose a national security risk.

  • Example 1: Ammonium Nitrate

    Ammonium nitrate is a chemical widely used in agriculture as a fertilizer to enhance crop growth and yield. This is its primary commercial application. However, it can also be a key ingredient in the manufacture of certain types of explosives, making it a concern for military or terrorist applications. Therefore, ammonium nitrate is considered a dual use item because its beneficial commercial purpose coexists with a dangerous potential for misuse.

  • Example 2: High-Precision GPS Receivers

    Global Positioning System (GPS) receivers that offer extremely high accuracy (e.g., within centimeters) are invaluable for civilian purposes such as advanced land surveying, precision agriculture, and autonomous vehicle navigation. These commercial uses rely on their ability to pinpoint locations with great exactitude. However, the same high level of precision could be adapted for military purposes, such as guiding missiles, drones, or other weapons systems with enhanced accuracy. This dual capability makes high-precision GPS receivers a dual use technology.

  • Example 3: Advanced Simulation Software

    Sophisticated computer software designed for complex engineering simulations, such as modeling fluid dynamics, material stress, or aerodynamic performance, is crucial for commercial industries like aerospace, automotive, and civil engineering. It helps design safer aircraft, more efficient vehicles, or resilient infrastructure. Yet, identical or similar software could also be used to simulate the performance of missile components, nuclear weapon designs, or other military systems. Because its advanced analytical capabilities can serve both commercial design and military development, this type of software is classified as a dual use item.

Simple Definition

A dual use item is a product, software, chemical, or technology that has both commercial (civilian) and military or proliferation applications. These items are often subject to strict export controls due to their potential for misuse, as seen in regulations like the Commerce Control List.

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