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ARTICLE · 10 NOVEMBER 2016

DoD's Proposed Rule Would Create Additional Risk And Burdens For Contractors Handling Export-Controlled Information

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On October 31, 2016, the Department of Defense (DoD) issued a proposed rule titled, "Withholding of Unclassified Technical Data and Technology from Public Disclosure".

United StatesGovernment, Public Sector
Akin Gump Strauss Hauer & Feld LLP
Akin Gump Strauss Hauer & Feld LLP
Scott M. Heimberg
Scott M. Heimberg
Thomas McCarthy
Thomas McCarthy
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Key Points

  • On October 31, 2016, the Department of Defense (DoD) issued a proposed rule titled, "Withholding of Unclassified Technical Data and Technology from Public Disclosure" ("Proposed Rule").
  • The Proposed Rule would establish a new policy and procedure for the dissemination of certain technical data subject to the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR) by DoD to qualified U.S. and Canadian defense contractors and by those contractors to their subcontractors and others.
  • A contractor's qualification to access export-controlled data and technology would be temporarily revoked upon DoD's receipt of "substantial and credible information" of a violation of U.S. export control law by the contractor or any of its employees.

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