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Export-Controlled Technical Data and Technology is Focus of Defense Dept. Proposal

Thursday, November 03, 2016
Sandler, Travis & Rosenberg Trade Report

The Department of Defense has issued a proposed rule that would establish policy, assign responsibilities, and prescribe procedures for the dissemination and withholding of certain unclassified technical data and technology subject to the International Traffic in Arms Regulations and the Export Administration Regulations. Comments on this proposal are due no later than Dec. 30.

DoD states that for purposes of this rule, public disclosure of technical data and technology is the same as providing uncontrolled foreign access. As a result, this rule would advise DoD components, their contractors, and grantees that unclassified technical data and technology with a military or space application may not be exported without authorization and should be controlled and disseminated consistent with U.S. export control laws and regulations.

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