[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR250.2]

[Page 584-585]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 250_WITHHOLDING OF UNCLASSIFIED TECHNICAL DATA FROM PUBLIC DISCLOSURE--
 
Sec. 250.2  Applicability and scope.

    (a) This part applies to:
    (1) All unclassified technical data with military or space 
application in the possession of, or under the control of, a DoD 
Component which may not be exported lawfully without an approval, 
authorization, or license under E.O. 12470 or the Arms Export Control 
Act. However, the application of this part is limited only to such 
technical data that disclose critical technology with military or space 
application. The release of other technical data shall be accomplished 
in accordance with DoD Instruction 5200.21 and DoD 5400.7-R.
    (2) The Office of the Secretary of Defense (OSD) and activities 
support administratively by OSD, the Military Departments, the 
Organization of the Joint Chiefs of Staff, the Defense Agencies, and the 
Unified and Specified Commands (hereafter referred to collectively as 
``DoD Components'').
    (b) This part does not:
    (1) Modify or supplant the regulations promulgated under E.O. 12470 
or the Arms Export Control Act governing the export of technical data, 
that is, 15 CFR part 379 of the Export Administration Regulations (EAR) 
and 22 CFR part 125 of the International Traffic in Arms Regulations 
(ITAR).
    (2) Introduce any additional controls on the dissemination of 
technical data by private enterprises or individuals beyond those 
specified by export control laws and regulations or in contracts or 
other mutual agreements, including certifications made pursuant to Sec. 
250.3(a). Accordingly, the mere fact

[[Page 585]]

that the Department of Defense may possess such data does not in itself 
provide a basis for control of such data pursuant to this part.
    (3) Introduce any controls on the dissemination of scientific, 
educational, or other data that qualify for General License GTDA under 
15 CFR 379.3 of the EAR (see Sec. 250.7) or for general exemptions 
under 22 CFR 125.11 of the ITAR (see Sec. 250.8).
    (4) Alter the responsibilities of DoD Components to protect 
proprietary data of a private party in which the Department of Defense 
has ``limited rights'' or ``restricted rights'' (as defined in 32 CFR 9-
201(c) and 9-601(j) of the DoD Acquisition Regulation, or which are 
authorized to be withheld from public disclosure under 5 U.S.C. 
552(b)(4).
    (5) Pertain to, or affect, the release of technical data by DoD 
Components to foreign governments, international organizations, or their 
respective representatives or contractors, pursuant to official 
agreements or formal arrangements with the U.S. Government, or pursuant 
to U.S. Government-licensed transactions involving such entities or 
individuals. In the absence of such U.S. Government-sanctioned 
relationships, however, this part does apply.
    (6) Apply to classified technical data. After declassification, 
however, dissemination of such data that are within the scope of Sec. 
250.2(a)(1) is governed by this part.