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DOD 5230.25–PH DEPARTMENT OF DEFENSE c Withholding of Unclassified Technical Data From Public Disclosure Distribution Statements on Technical Documents THE OFFICE OF THE DEPUTY UNDER SECRETARY OF DEFENSE FOR POLICY

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Page 1: DOD 5230.25–PH DEPARTMENT OF DEFENSE Sponsored Documents/DoD... · 2017-06-03 · DOD 5230.25–PH DEPARTMENT OF DEFENSE c Withholding of Unclassified Technical Data From Public

DOD 5230.25–PH

DEPARTMENT OF DEFENSE

c Withholding of Unclassified Technical DataFrom Public Disclosure

● Distribution Statements on TechnicalDocuments

THE OFFICE OF THE DEPUTY UNDER SECRETARYOF DEFENSE FOR POLICY

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FOREWORD

May, 1985

It is imperative that we stem the flow of our criticaltechnology to potential adversaries. Without question, theSoviet and Eastern Bloc acquisition of U.S. technology withmilitary application severely undermines our nationalsecurity. By acquiring our critical technology, the Soviets areable to develop countermeasures to our existing and evenanticipated defense systems at a much faster rate and lowercost than would otherwise be possible. Recently, the Con-gress passed a law authorizing the Secretary of Defense towithhold from publ ic disclosure unclassif ied export-controlled technical data. The implementation of this newauthority is the subject of this pamphlet.

The Department of Defense has issued two new directivesthat are concerned with improving our protection ofunclassified, yet critical, technical data from uncontrolledpublic disclosure and foreign access. It is essential that thenew program be thoroughly understood by all who produceour military systems or utilize DoD technology. We areresolved to meet the challenge posed by the extensive ef-forts of our adversaries to obtain military-related equipmentand technology. We need your help. I ask your fullestcooperation to make this new program work and achieveits intended objective—to protect America’s nationalsecurity.

--J&./_

L. Britt SniderPrincipal Director forCounterintelligenceand Security Policy

1

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INTRODUCT ION

BACKGROUND

PUBLIC LAW 98-94

DEFENSE IMPLEMENTATION

DoD Directive 5230.25–Withholding of UnclassifiedTechnical Data From Public Disclosure

Criteria for Withholding

FOIA Denial Authority

Non-Government Access

Application for Eligibility

Requests for Export-controlled Technical Data

Exclusions/Limitations

DoD Directive 5230,24—Distribution Statements onTechnical Documents

Export-Control Warning Notice

Marking Requirements

Distribution Statements

Destruction Notice

OVERALL EFFECT OF THE SYSTEM

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INTRODUCTION“Stopping the Soviets’ extensive acquisi-tion of military-related Western technologyin ways that are both effective and ap-propriate in our open society is one of themost complex and urgent issues facing theFree World today.”

The above cited statement from a 1982report by the Central Intelligence Agencyon Soviet Acq u isiton of Western Technologyis as valid today as it was then.

Soviet acquisition of U.S. technologysignificantly shortens their research and development cycle, and reducesthe risks associated with the design of new weapons and defensivesystems. The Department recognizes a compelling requirement to im-prove control of unclassified technology with military or space applica-tion in order to reduce the loss of this valuab!e national asset. The ob-jective is to safeguard such technology in a reasonable and rational man-ner without adversely affecting business competition, technological in-novation or economic growth. Indeed, procedures have been establish-ed to facilitate domestic access because through such access competi-tion will be maximized and procurement costs minimized.

This pamphlet provides background on the problem of technology loss,outlines key provisions of the statutes and directives aimed at reducingthe loss, and spells out specific actions to be taken by persons workingwith military-related technical data. It is intended as a ready referencefor all those who originate, disseminate, or use DoD technical data. [tshould be used in conjunction with DoD Directive 5230.25, “Withholdingof Unclassified Technical Data from Public Disclosure: and DoD Direc-tive 5230.24, “Distribution Statements on Technical Documents.”

Questions or suggestions concerning this pamphlet are invited andshould be addressed to: Director, Counterintelligence and Security Policy,Office of the Deputy Under Secretary of Defense (Policy), the Pentagon,Washington, D.C. 20301-2200.

3

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BACKGROUND

Over the years, the Department ofDefense has es tab l i shed programsdesigned to protect and preserve ourtechnology. Basically, these programs are:Information Security, Pre-Release Reviewand Clearance, Export Control Licensing,and Scientific and Technical DocumentDistribution.

These programs reflect a balance be-tween the principles of openness inGovernment and the Government’s

DoD InformationControl Programs

\m

a\v

b

legitimate need to regulate the disclosure of certain information in theinterest of national security. Collectively, however, they proved inadequateto the challenge posed by extensive efforts of the Soviet Union to obtainour military-related equipment and technology. The difficulty in achiev-ing the objectives of these programs was attributed in part to conflictinglegislative policy. For example, the Freedom of Information Act did notprovide for withholding unclassified technical data from requesters, in-cluding foreign nationals, even though export of the technical data wouldbe otherwise restricted by regulations implementing export control laws.Thus, the problem faced by the Department of Defense was that anyrelease of such data into the public domain resulted in uncontrolledforeign access.

PUBLIC LAW 98-94

The Department of Defense and otherExecutive Branch agencies presented theproblem and the seriousness of its impacton national security to Congress. InSeptember 1983, Congress included inPublic Law 98-94, the Defense AuthorizationAct of 1984, authority for the Secretary ofDefense to withhold from public disclosurecertain technical data with military or spaceapplication. The Department of Defensemay now withhold from public disclosure

.

export-controlled techni~al data requested under provisions of theFreedom of Information Act.

The new legislation and DoD implementing policies do not apply toscientific, educational, or other data not directly and significantly relatedto design, production, or utilization in industrial processes. Therefore,

4

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there is no impact on the dissemination of information related tofundamental research, or the results thereof, that qualify for a general,unrestricted license under the provisions of the Export AdministrationRegulations.

DEPARTMENT OFDEFENSE IMPLEMENTATION

The provisions of Section 1217 of Public Law98-94 are implemented in the Departmentof Defense by a new directive (DoD Direc-tive 5230.25) that sets forth policies, pro-cedures and respons ib i l i t ies for thewithholding of unclassified technical datafrom public disclosure. The Departmentalso has issued a new companion directive(DoD Directive 5230.24) that establishes anew dis t r ibut ion mark ing system fortechnical documents.

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DoD Directive 5230.25, “Withholding ofUnclassified Technical Data from Public Disclosure”Criteria for Withholding

The Directive provides that data may be withheld from public disclosurewhen all of the following criteria are met. The technical data:

— are in the possession of or under the control of the Department ofDefense.

— have military or space application.

— may not be exported lawfully without an approval, authorization orlicense under U.S. export control laws, and

– disclose critical technology,

Information under the control of or in the possession of theDepartment of Defense means data created or received by elements ofthe Department and information developed and produced for the Depart-ment under contractual arrangements or other agreements.

The new legislation defines technical data with military or space ap-plication as any:

● blueprint,. drawing,● plan,. instruction,● computer software and documentation, or● other technical information,

that can be used, or adapted for use, to:

. design,● engineer,● produce,● manufacture

c operate,● repair,. overhaul, or. reproduce

military or space equipment or related technology. However, theSecretary’s authority to withhold such data does not extend to technicaldata authorized for export under a general, unrestricted license, or ex-emption under regulations implementing the export control laws.

The implementing regulations for the export control laws describe the6

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technical data that may not be exportecl Iawtulty without approval.Generally, technical data related to items on the State Department’s ,Muni-tions List and the Cornmer(e Depart nlc~nt’s Commodities Control List,contained in these regulatiotls, rec{uirc licensing c)r approval.

“Critical technology” essentially is data [ha\ reveals production kno\v-how that would contribute significantly to a (-OLllltrfS military potentialand possibly prove detritnetntal to the securit} ot the United States. suchdata may be comprised in par( or in whole’ot:

Arrays of design and manufacturing knowhow,

– Keystone manufacturing, inspection, and test equipment

— Keystone materials.

— Goods accompanied by sophisticated operation, application ormaintenance know-how.

The Militarily Critical Technologies List isan excellent aid in identifying “criticaltechnology.” Published in both classifiedand unclassified form in October 1984, it isa detailed and structured technical state-ment of development, production, andutilization technologies which the DefenseDepartment has determined to be crucialto our military capability and of significantvalue to potential adversaries.

The DoD activity that sponsored the workthat generated the technical data or received the technical data on behalfof the Department has the responsibility for determining whether thecriteria for withholding from public disclosure are met. Such activity isreferred to in this pamphlet as the “controlling DoD off ice.”

FOIA Denial Authority

D o D D i r e c t i v e 5230 .25 p rov idesimmediate authority to deny Freedom of in-formation Act requests for technical datathat meet the above criteria. In such cases,the third exemption of the Freedom of in-formation Act should be cited, whichrecognizes other statutes which specificallyauthorize withholding.

Non-Government Access

The Department has established a system that accommodates transfer7

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QUALIFIED CONTRACTOR CERTIFICATIONAND DOCUMENT REQUESTS

Request for Certification:

COMPANY Y

IDD Form

& + “:””

t“”<

Sufficient Info?

>Yes J

Meets Criteria?

1ial &.ocedures

DenAppeal P

I

I I.-. —- —- ——— ———— ——— ——— ——— ——— ——— —— - -———.———---..—-

Request for Technical Document:

r 1

Fill

Request

d

Data Repository(or ControllingDoD Office”)

IRefer to Certification

Process and/or RequeslMore information

No

I

Ml

I Y: s

Yes Request Within AuthorizedDistribution

(A, C, D, or X)

No

+

Release

I

Controlling[

I

Denial DeterminationDetermination DoD Office* With Appeal Procedures

*

‘If request made direct to Controlling DoD Office, final determination made there.

8“

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o{ export-controlled DoD technical data to persons or enterprises in theU:S. while retaining the protections aftorded by national export controllaws. This data, however, is provided under a binding agreement and,therefore, is not a public disclosure. The system, established in tile newDirective (5230.25) includes a process for certifying those who need ac-cess and outlines procedures for obtaining

Certification is accomplished using DDForm 2345, called an “Export-ControlledDoD Technical Data Agreement.” The Formis in effect a self-certification that the ap-plicant will use the data only in ways thatwill maintain the protections afforded byU.S. export control laws.

Application for Eligibility

To illustrate the process, “Company Y“

the data required.

will identify an individual who will receive export-controlled technicaldata on the company’s behalf. This individual must be a U.S. citizen orperson admitted lawfully into the United States for permanent residence,and now living in the United States. Company Y further certifies that itneeds the data to bid or perform on a contract with the Department ofDefense or other government agency or for other legitimate businesspurposes.

“Other legitimate business purposes” include:

bidding or preparing to bid on a sale of surplus property;

selling or producing products for the commercial marketplace, foreignor domestic;

engaging in scientific research;

acting as a subcontractor for a concern that may be involved in thepreceding activities; or

selling technical data that are subject to the new legislation in sup-port of DoD contractors or in support of the competitive process forDoD contracts.

The description of Company Y’s business activity should be sufficientlydetailed to allow a determination whether the export-controlled technicaldata subsequently requested are reasonably related to the company’sbusiness. For example, the firm might explain that it designs and con-structs high-pressure, high-volume hydraulic pumps for use in aircraftcontrol surfaces rather than simply stating “hydraulic pumps.”

9

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Company Y acknowledges its responsibilities under U.S. export con-trol laws, including its obligation, under certain circumstances, to obtainan export license before releasing technical data within the United States.It agrees not to publicly disclose any export-controlled DoD technicaldata it receives under this agreement and agrees to disseminate the dataonly to employees, persons acting on its behalf, and those for whom thecompany has specific authorization.

The Defense Logistics Agency has overallresponsibility for administering the cer-tification system, and the Defense LogisticsServices Center, located in Battle Creek,Michigan, carries out the operational func-tions. It collects the certifications and main-tains them in a data base. The Center alsowill disseminate a list of contractors eligi-ble for access to export-controlled DoDtechnical data.

Company Y submits the DD Form 2345 tothe Commander, Defense Logistics ServicesCenter, Attention: DLSC-FBA, FederalCenter, Battle Creek, Michigan, 49017-3084.The Center will respond to questions con-cerning completion of the Form and relatedmatters such as identifying contractorswhich have been certified under theprogram.

The Center will review the submitted DDForm 2345 within five working days and:. accept the certification;

QD~ OwrallResponsibility

r’1DISC OperationalFunctions

— return it because of insufficient information, or

– forward the Form to Headquarters, Defense Logistics agency, with arecommendation to reject the certification because the contractordoes not meet the eligibility requirements.

Companies that are certified will beassigned a certification number and will beeligible to receive export-controlled DoD [~technical data for a renewable five yearperiod.

The certification form is relatively simpleto complete. When executed by bothpart ies, i t constitutes an agreementbetween the certifying company and theDefense Department. [f a contractorviolates the provisions of the agreement,~

10

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the Department may revoke the firm’s certification for access to export-controlled data. However, re-certification is possible in instances whenthe basis for the revocation has been remedied by the contractor. If acontractor exports the data without benefit of license or authorization,it may be in violation of the export control laws and subject to severecriminal penalties.

U.S. contractors become qualified on the date DoD accepts their cer-tification, and these contractors will receive a renewal notice 120 daysbefore their certification expires, However, certified contractors shouldsubmit a revised DD Form 2345 whenever information previously furnish-ed becomes outdated—if, for example, ownership, purpose of business,or company name changes.

[f the Department rejects the certification, it will send the company,by certified mail, a copy of the rejection, stating the reasons for the re-jection, explaining appeal rights, and notifying the firm that it shouldappeal within thirty days.

Requests for Export-controlled Technical Data

A U.S. contractor, once qualified, obtains export-controlled technicaldata from the Department of Defense by submitting a request, along witha statement of intended use, to the appropriate repository or controlling

office. There, it will be reviewed to determine whether the data requestedare subject to the provisions of DoD Directive 5230.25. If the data are notsubject to the Directive, the controlling office will fill the request unlessother regulations limit dissemination of tt

If the technical data is subject to the pro-visions of DoD Directive 5230.25, the con-trolling office will determine whether therequestor is a qualified U.S. contractor andthat the intended use of the technical datafalls within the scope of the business pur-pose for which the company is certifiedbefore releasing the data. When export-controlled technical data is released toqualified U.S. contractors, it will include anotice cautioning the recipient that:

le~ data.

— Export of DoD technical data without first obtaining approval or licensefrom the Government may constitute a violation of law;

— Penalties for unlawful export range from imprisonment of up to 2-10years or fines from $100,000-$1,000,000 or combinations of both;

— Unauthorized dissemination of this information is prohibited and mayresult in disqualification of the recipient to receive further DoD export-controlled technical data; and

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Such disqualification may be considered in cfeterlmining eligibility torfuture contracts with DoD.

Ii the request for data is denied, the Department tvill furnish a writtenexplanation and procedures to appeal the cienial

Exclusions/Limitations

The provisions of the new Directive do not:

.

modify the regulations that implementthe Export Control Laws;

al ter respons ib i l i t ies ot DoD com-ponents to protect proprietary data of aprivate party in which the Departmentof Defense has l im i ted r ight s o rrestricted rights;

affect release of technical data by DoD ~—components to foreign governments,international organizations, or their representatives or contractors, pur-suant to official agreements or U.S. Government-licensed transactions;

apply to classified technical data (although after declassification suchdata will be considered under the Directive on the same basis asoriginally unclassified data);

provide authority to deny technical data to Congress or to any Federal,State, or local governmental agency that requires the data for officialgovernmental purposes. (Data so disseminated will include a state-ment on DoD control in accordance with DoD Directive 5230.25);

permit withholding from public disclosure unclassified informationregarding DoD operations, policies, activities, or programs (buttechnical data subject to the Directive will be excised from the materialdisclosed publicly);

provide a basis for release of information authorized to be withheldunder anv of the exem~tions of the Freedom of Information Act.

12

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DoD Directive 5230.24,“Distribution Statements onTechnical Documents”

To identify technical data covered by DoDDirective 5230.25 and to facilitate dissemina-tion of technical data within the Defensecommunity, a new distribution markingsystem has been established. The newdistribution markings have two basic pur-poses: to identify documents that containinformation the dissemination of which is

contro l led by statute or regulat ion,and to indicate the extent of sec~ndary distribution that is permissiblewithout further authorization or approval of the originator.

Export-Control Warning Notice

The new distribution marking systetm mandates the use of the follow-ing warning notice on all documents that contain export-controlledtechnical data:

“WARNING - Th is document containstechnical data whose export is restricted bythe Arms Export Control Act (Title 22, U. S.C.,Sec. 2751 et seq.) or Executive Order 12470,Violators of these export laws are subject tosevere criminal penalties.”

The controlling office may affix this notice in conjunction with anydistribution marking except Statement A, which authorizes public release.This notice indicates that DoD Directive 5230.25 procedures are to befollowed for dissemination outside the U.S. Government.

The controlling DoD office also must assign a distribution statementthat specifies the extent of dissemination without the need for additionalauthorization. That statement will be one of seven contained in thissecond newly approved Directive.

Marking Requirements

Distribution statement markings are now mandatory for all newlygenerated technical documents, including working papers, memoranda,and preliminary reports, if those documents are not already in the publicdomain and if they are likely to be disseminated outside the Departmentof Defense. DoD managers of technical programs must assign distribu-tion statements to all technical documents generated within their pro-grams before primary distribution. However, this requirement does notapply to contractors’ technical proposals or similar documents submit-ted in anticipation of contract awards.

11

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l“hc’re is no reciuiremenl in lhe new cfire(tive tor relrod{tive appl ica-tion of cjisttibu[ion state merits or other control markings to technicaldocuments in tiles or storage that were created prior (o the establish-ment ot the new progralm, However{ when such documents are rec~uestedor o therw i se activateci for c~isseminationf thev s}70ulcj be evaiuatecj fOl-content. [t it is cfeterminecl that they: contain DoL1 export-controlledtechnical data; have nc~t been placed in the public cJomain; and are 10be clisseminated outside the Department of Defense thev shall be markedappropriately under the new system.

The seven author i zed d i s t r ibut ionstatements prcwide options ranging tro[munlimited distribution to no secondarydistribution without specitic authority Gfthe controlling DoD office. [n selecting andapplying the appropriate statement, DoDofficials must consider the information con-tained in the document and the audiencefor which it is intended. For exatmple,distribution o(’ proprietary information,which is not owned by the Department andis protected by a contractor’s “limited rights”

oDoDONLY

DU N L I M I T E DD I S T R I B U T I O N

statement will be regulatedto ensure protection of the contractor’s rights. In addition to proprietaryinformation, the Department can apply distribution statements totechnical documents that contain or reveal:

foreign government information,

contractor performance evaluations,

technical or operational informationministrative or operational purposes,

critical technology,

used solely for official ad-

information not appropriate for premature dissemination because itpertains to systems or hardware in the developmental or conceptualstage, or

export-controlled technical data.

Distribution statements are not in themselves authority to withholdunclassified technical data from public disclosure. Such determinationsare the responsibility of the controlling DoD office and will be made inaccordance with DoD Directive 5400.~ “The DoD Freedom of informa-tion Act Program:’

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Distribution Statements

The seven distribution statements with notes on their meaning and useare illustrated below.

DISTRIBUTION STATEMENT A

“Approved for public release; distribution isunlimited.”

This statement may only be used on unclassified technical documentsthat have been cleared for public release by competent authority underpublic affairs directives. Documents marked with Distribution StatementA are assumed to be placed in the public domain; therefore, any technicaldata contained in or revealed by such documents are no longer subjectto export controls.

DISTRIBUTION STATEMENT B

“Distribution authorized to U.S. Governmentagencies only (fi/1 in reason) (date of deter-mination). Other requests for this documentshall be referred to (inserf contro//ing DoDoffice).”

This statement may be used on unclassified or classified technicaldocuments. Examples of information which, if included in technicaldocuments, would be reason for assigning Distribution Statement Binclude:

Proprietary information not owned by the U.S. Government and pro-tected by a contractor’s “limited rights” statement.

Foreign Government Information to be protected and limited indistribution in accordance with the desires of the government thatfurnished the technical information.

Contractor performance evaluation in management reviews or otheradvisory documents evaluating programs of contractors.

Other types of information that might be basis for assigning Distribu-tion Statement B are:

— Test and Evaluation Data;

— Administrative or Operational Use Publications;

— Software Documentation;

15

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— Other information requir ing protection in accordance withdocumented authority such as Executive Orders, classificationguidelines, or DoD Component regulations.

DISTRIBUTION STATEMENT C

“Distribution authorized to U.S. Governmentagencies and their contractors (fill in reason)(date of determination). Other requests forthis document shall be referred to (inserf con-trolling DoD office).”

This statement may be used on unclassified or classified technicaldocuments. Examples of information which, if included in technicaldocuments, would be reason for assigning Distribution Statement Cinclude:

– Technical data that advance current technology or describe newtechnology in an area of potentially significant military application.

— Technical data that relate to a military deficiency of a potentialadversary.

Other types of information that might be the basis for assigningDistribution Statement C include:

— Administrative or operational use reports.

— Information protected by specific authority.

DISTRIBUTION STATEMENT D

,[

“Distribution authorized to the Departmentof Defense and DoD contractors only (fi// inreason) (date of determination). Other re-quests shall be referred to (insert contro//ingDof) office).”

This statement may be used on unclassified or classified technicaldocuments. Examples of information which, if included in technicaldocuments, would be reason for assigning Distribution Statement Dinclude:

— Information on systems or hardware in the development or conceptstage when premature disclosure must be prevented.

— Software documentation.

— Information protected by specific authority,

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DISTRIBUTION STATEMENT E

“Distribution authorized to DoD Componentsonly (fill in reason) (date of determination).Other requests shall be referred to (insertcontrolling DoD office):’

This statement may be used on unclassified or classified technicaldocuments. Examples of information which, if included in technicaldocuments, would be reason for assigning Distribution Statement Einclude:

.

Export-controlled technical data designated by competent authorityin accordance with DoD Directive 5230.25 to be of such militarysignificance that release for purposes other than direct support ofDoD-approved activities may jeopardize an important technologicalor operational military advantage of the United States.

Foreign government information.

Information requiring protection against premature dissemination.

Software documentation

Critical technology.

Information protected by specific authority.

DISTRIBUTION STATEMENT

=

“Further dissemination only as directed by(insert controlling DoD office) (date of deter-mination) or higher DoD authority.”

This statement normally is used only on classified technical documents,but may be used on unclassified technical documents when specificauthority exists. It is used only when the DoD originator determines theinformation is subject to special dissemination limitation.

DISTRIBUTION STATEMENT X

“Distribution authorized to U.S. Governmentagencies and private individuals or enter-prises eligible to obtain export-controlledtechnical data in accordance with regulationsimplementing 10 U.S.C. 140c (date of deter-mination). Other requests must be referredto (insert controlling DoD office).”

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This statement is used on unclassified documents when distributionstatements 8, C, D, E or F are not applicable but the document does con-tain export-controlled technical data determined, in accordance with DoDDirective 5230.25, to require restricted dissemination.

SPECIAL APPLICATIONHIGH DENSITY MATERIALS

Air Force Materiel LaboratoryWright-Patterson Air Force Base

20 April 1985

“WARN?NG T h i s d o c u m e n t c o n t a i n stechnical data whose export is restricted bythe Arms Export Control At (Title 22, U.S.C.Sec. 2751 et seq. ) or Executive Order “12470.Violators of these export laws are subject tosevere criminal penalties:’

“Distribution authorized to Govern. “ D E S T R U C T I O N N O T I C E F o rment agencies and private individuals classified documents, follow the pro-or enterpr i ses e l ig ib le to obta in cedures in DoD 5220.22-M Industrialexport-controlled technical data in ac- Security Manual, Section 11-19 orcordance with regulations implemem DoD 5200.1-R, Information Securityting 10 U.S.C. 140c. Date of determina- Program Regulation, Chapter IX. Fortion: 20 April 1985. Other requests unc lass i f ied, l im i ted documents ,must be reierred to Air Force Materiel destroy by any method that will pre-Laboratory, Wright-Patterson AFB.” v e n t d i s c l o s u r e O( c o n t e n t s o r

reconstruction of the document.”

(Example of marking for a Distribution XDocument Containing Export.ControlledTechnical Data)

Requests for documents from those outside the community designatedby Statements B through F and X will be referred to the controlling DoDoffice for a release determination.

“18

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The Department of Defense is dividingexport-controlled data into two categories.Most of the export-controlled data can bedistributed to individuals or organizationsoutside the Government who make ap-propriate certifications. A second and muchsmaller category of data, the release ofwhich could jeopardize an importanttechnological or operational military advan-tage, will be provided qualified U.S. contrac-tors only when the data is for DoD-

DD

\pu.w● . .approved uses. Perhaps the best example ot such technology would beNaval Nuclear Propulsion Information. This type of data ~ill normallybe marked with Distribution Statement E or F. A listing of such data canbe obtained from the Office of the Under Secretary of Defense forResearch and Engineering.

Destruction NoticeFinally, documents containing export-controlled data must also bear

the following marking:

“DESTRUCTION NOTICE - For classifieddocuments, follow the procedures in DoD5220.22-M, Industrial Security Manual, Section11-19 or DoD 5200.I-R, Information SecurityP rogram Regu lat ion , Chapter IX . Fo runclassified, limited documents, destroy byany method that will prevent disclosure ofcontents or reconstruction of the document.”

OVERALL EFFECT OF THE SYSTEM

The intent of the system is that it stem theflow of military-related technical data to ouradversaries without stifling technologicalgrowth, blocking the exchange of technicaldata that is vital to progress and innovation,or reducing the competitiveness of U.S. in-dustry in world markets. Properly applied,the system will keep critical technologyfrom our adversaries but permit it to flowto government agencies and private entitiesthat have legitimate need for it.

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Page 21: DOD 5230.25–PH DEPARTMENT OF DEFENSE Sponsored Documents/DoD... · 2017-06-03 · DOD 5230.25–PH DEPARTMENT OF DEFENSE c Withholding of Unclassified Technical Data From Public

As noted on page 10, the Defense Logistics Services

Center will respond to questions concerning comple-

tion of DD Form 2345 and related matters. The toll

free phone number is:

800-DLA-DLSC

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U.S. GOVERNMENT PRINI’ING OFFICE : 1986 0 - 497-253