I-129 Certification for Foreign National Hires
Will the Beneficiary have access to items, Technical Data1, or software found on the International Traffic in Arms (ITAR) US Munitions List?
In order to answer this question accurately, you must go to the US Munitions List maintained by the US Department of State and read it carefully.
The International Traffic in Arms Regulations define “Technical Data” in 22 CFR § 120.10.
“(a) Technical data means, for purposes of this subchapter:
(1) Information, other than software as defined in §120.10(a)(4), which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles. This includes information in the form of blueprints, drawings, photographs, plans, instructions or documentation.
(2) Classified information relating to defense articles and defense services on the U.S. Munitions List and 600-series items controlled by the Commerce Control List;
(3) Information covered by an invention secrecy order; or
(4) Software (see §120.45(f)) directly related to defense articles.
(b) The definition in paragraph (a) of this section does not include information concerning general scientific, mathematical, or engineering principles commonly taught in schools, colleges, and universities, or information in the public domain as defined in §120.11 of this subchapter or telemetry data as defined in note 3 to Category XV(f) of part 121 of this subchapter. It also does not include basic marketing information on function or purpose or general system descriptions of defense articles.”