While distribution claims seem overwhelming, at their core, these technical documents simply provide a standard framework for managing, sharing, and distributing technical documents in accordance with DoD policies. Because different types of products, proprietary information, and technologies are subject to different regulations, companies must comply with the operational use permitted under certain sales statements. If the technical data needs to be checked for distribution, the appropriate DoD control office will define the correct distribution instruction. The request is forwarded to the main contractor, who is then responsible for forwarding it to all its subcontractors. If the end use is for the U.S. or Canadian military, you should try using the American/Canadian JCP, but there are some tires you need to skip first. U.S. and Canadian companies must register for joint U.S./Canada certification programs in accordance with the respective sales statement. Again, this is separate from the EAR or ITAR requirements.

While the required DD 2345 (application for certification) is easy to find online, there are strict guidelines you should follow to increase your chances of successful registration. The scope of the government licence depends on various factors, including the source of funding for technology development, whether the information relates to a commercial item, and the parties` negotiations on specific licence conditions or restrictions. If the government has “unlimited rights”, it may use, modify, reproduce, perform, display, share or disclose information, in whole or in part, in any manner and for any purpose, and solicit or authorize others to do so. It is important to always ensure that you properly protect your intellectual property and data rights. When technical data belonging to you is marked with an incorrect distribution statement, it is difficult, if not impossible, to reverse it once it has been disclosed beyond your control. For more information about DoD distribution declarations, see the URL discover.dtic.mil/wp-content/uploads/2018/09/distribution_statements_and_reasonsSept2018.pdf “But what about the annoying distribution statements we`ve seen in USG requests?” Good question! DoD distribution statements bear the letters A, B, X, C, D, E, and F and reflect the critical technology controls they contain: “Controlled Technical Information” means technical information containing military or space applications that is subject to controls on access, use, reproduction, modification, execution, display, publication, disclosure or dissemination. Controlled technical information, if released, would meet the criteria for distribution claims B through F, which use the criteria set out in DoD 5230.24, Distribution Statements for Technical Documents. The term does not include information that is legally and fully publicly available. “Released for publication; Unlimited distribution. Distribution statements are instructions used to label technical data to indicate the extent of its availability for secondary distribution, sharing, and disclosure without requiring additional approvals or approvals from the DoD Control Office. – Contact your contract representative to find out how the transfer of CUI can be implemented taking into account the guidelines and best practices described in the ACQuipedia article “International Acquisition – Export-Controlled (EC) Controlled Unclassified Information (CUI) Release to Foreign Industry during DoD Contracting” at URL www.dau.mil/acquipedia/pages/articledetails.aspx#!250. One final caveat – while the above advice is based on general Department of Defense policy and practice and our understanding of Navy policy and practice at the DAU level, the actual authority for decision-making and implementation rests with the Department of the Navy in the SYSCOM or Navy International Programs Office.

The resulting provisions of the Authorization of Defense Act of 1984 were implemented in DoD Directive 5230.25 (reference (c)) and DoD Instruction 5230.24 (reference (b)). “Covered Defence Information” means unclassified controlled technical information or other information (as described in the Register of Unclassified Controlled Information (CUI) under www.archives.gov/cui/registry/category-list.html) that requires protection or dissemination controls under laws, regulations and government directives, and is: Over the years, the Department of Defence has developed programs to protect and implement the preservation of American technology. The programs are designed to balance the principles of openness within government with the legitimate need for government to regulate the disclosure of certain information in the interest of national security. With the advent of the Freedom of Information Act, the issue of protecting this information from publication and export to potential adversaries was submitted to Congress for resolution. In September 1983, Congress included in Public Act 98-94, the Defense Authorization Act of 1984, the authority for the Secretary of Defense not to disclose to the public certain technical data with military or space applications.