[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: 32CFR250.4]

[Page 586-587]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 250_WITHHOLDING OF UNCLASSIFIED TECHNICAL DATA FROM PUBLIC DISCLOSURE--
 
Sec. 250.4  Policy.

    (a) In accordance with 10 U.S.C. 140c, the Secretary of Defense may 
withhold

[[Page 587]]

from public disclosure, notwithstanding any other provision of law, any 
technical data with military or space application in the possession of, 
or under the control of, the Department of Defense, if such data may not 
be exported lawfully without an approval, authorization, or license 
under E.O. 12470 or the Arms Export Control Act. However, technical data 
may not be withheld under this section if regulations promulgated under 
either the Order or Act authorize the export of such data pursuant to a 
general, unrestricted license or exemption in such regulations. 
(Pertinent portions of such regulations are set forth in Sec. Sec. 
250.7 and 250.8).
    (b) Because public disclosure of technical data subject to this part 
is tantamount to providing uncontrolled foreign access, withholding such 
data from public disclosure, unless approved, authorized, or licensed in 
accordance with export control laws, is necessary and in the national 
interest. Unclassified technical data that are not governed by this 
part, unless otherwise restricted, shall continue to be made available 
to the public as well as to state and local governments.
    (c) Nothwithstanding the authority provided in paragraph (a), of 
this section, it is DoD policy to provide technical data governed by 
this part to individuals and enterprises that are determined to be 
currently qualified U.S. contractors, when such data relate to a 
legitimate business purpose for which the contractor is certified. 
However, when such data are for a purpose other than to permit the 
requester to bid or perform on a contract with the Department of 
Defense, or other U.S. Government agency, and the significance of such 
data for military purposes is such that release for purposes other than 
direct support of DoD activities may jeopardize an important U.S. 
technological or operational advantage, those data shall be withheld in 
such cases.
    (d) This part may not be used by DoD Components as authority to deny 
access to technical data to the Congress, or to any Federal, State, or 
local governmental agency that requires such data for regulatory or 
other official governmental purposes. Any such dissemination will 
include a statement that the technical data are controlled by the 
Department of Defense in accordance with this part.
    (e) The authority provided herein may not be used to withhold from 
public disclosure unclassified information regarding DoD operations, 
policies, activities, or programs, including the costs and evaluations 
of performance and reliability of military and space equipment. When 
such information does contain technical data subject to this part, the 
technical data shall be excised from that which is disclosed publicly.
    (f) This part may not be used as a basis for the release of 
``limited rights'' or ``restricted rights'' data as defined in 32 CFR 9-
201(c) and 9-601(j) of the DoD Acquisition Regulation or that are 
authorized to be withheld from public disclosure under the Freedom of 
Information Act (FOIA).
    (g) This part may not be used to provide protection for technical 
data that should be classified in accordance with E.O. 12356 and DoD 
5200.1-R.
    (h) This part provides immediate authority to cite 5 U.S.C. 
552(b)(3) as the basis for denials under the FOIA of technical data 
currently determined to be subject to the provisions of this part.