Global Trade Compliance Atlas

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120 121 122 123 124 125 126 127 128 129 130

§ 120.33

Technical data

ITAR · Part 120 · Subpart C

Information required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance, or modification of defense articles. Includes classified information relating to defense articles and defense services, information covered by an invention secrecy order, and software directly related to defense articles. Does not include information concerning general scientific, mathematical, or engineering principles commonly taught in schools, information in the public domain under § 120.34, basic marketing information on function or purpose, or general system descriptions. Classification markings do not move 600-series EAR technical data onto the USML: classified technical data that relates solely to a 600-series item is still classified, and is still subject to the EAR, but it is not ITAR technical data merely because it is classified.

The public-domain and fundamental-research carve-outs are in § 120.34 — they are not a separate “ITAR doesn’t apply to universities” rule.
Software source code and firmware related to a USML article are technical data.
Classified 600-series technical data is not an ITAR snap-back. If the article is EAR, related classified data is generally EAR (plus classification rules). If the data also relates to a remaining defense article, it is ITAR. Unclear → CJ (§ 120.4).

eCFR (primary) · § 120.33 LII (secondary, unofficial)

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In this atlas

§ 120.31 § 120.34 § 120.38 § 120.50 § 120.56 § 120.58 Part 125 § 125.4