State Department Questions
The Department of State makes the determination, with the concurrence of the Department of Defense and in consultation with the Department of Commerce.
Not necessarily. If the item has dual (military-civilian) use, it is on the Commerce Control List (CCL) and may be licensable by the Department of Commerce pursuant to the Export Administration Regulations (EAR).
You can submit a request for a commodity jurisdiction (CJ) determination. The request should be addressed to Mr. William J. Lowell, Director, Office of Defense trade Controls.
Commodity jurisdiction requests normally require processing times of 4 to 6 months, or even longer. So plan ahead.
The USG considers whether the items was specifically designed, developed, configured, adapted or modified for military application; whether it has predominately civil applications; whether it has performance equivalent to an item used for civil applications; or has significant military or intelligence applicability such that ITAR control is necessary.