Overview
On October 31, 2016, the US Department of Defense published a proposed rule titled Withholding of Unclassified Technical Data and Technology from the Public Disclosure. Public comments on the rule are due December 30, 2016. Essentially, the proposed rule sets forth procedures already incorporated in pre-existing DOD directives regarding the dissemination and withholding of export-controlled information associated with DOD programs. The view of the DOD is that the rule does not otherwise change or supplant the International Traffic in Arms Regulations or the Export Administration Regulations, however the proposed rule includes provisions that should be of concern to DOD contractors. Particularly, the rule notes that when a DOD component has “substantial and credible information” that a qualified US contractor has violated US export control law, or engaged in other potentially problematic conduct associated with the completion of a certification that contractors are required to submit to gain access to DOD-origin export controlled information, the DOD will temporarily revoke, and could ultimately disqualify a contractor, from receiving DOD-origin export control information. For more information, please see our advisory.
