[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: 32CFR250.9]

[Page 592-593]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 250_WITHHOLDING OF UNCLASSIFIED TECHNICAL DATA FROM PUBLIC DISCLOSURE--
 
Sec. 250.9  Notice to accompany the dissemination of export-controlled 

technical data.

    (a) Export of information contained herein, which includes, in some 
circumstances, release to foreign nationals within the United States, 
without first obtaining approval or license from the Department of State 
for items controlled by the International Traffic in Arms Regulations 
(ITAR), or the Department of Commerce for items controlled by the Export 
Administration Regulations (EAR), may constitute a violation of law.
    (b) Under 22 U.S.C. 2778 the penalty for unlawful export of items or 
information controlled under the ITAR is up to 2 years imprisonment, or 
a fine of $100,000, or both. Under 50 U.S.C., appendix 2410, the penalty 
for unlawful export of items or information controlled under the EAR is 
a fine of up to $1,000,000, or five times the value of the exports, 
whichever is greater; or for an individual, imprisonment of up to 10 
years, or a fine of up to $250,000, or both.
    (c) In accordance with your certification that establishes you as a 
``qualified U.S. contractor,'' unauthorized dissemination of this 
information is prohibited and may result in disqualification as a 
qualified U.S. contractor, and may be considered in determining your 
eligibility for future contracts with the Department of Defense.
    (d) The U.S. Government assumes no liability for direct patent 
infringement, or contributory patent infringement or misuse of technical 
data.
    (e) The U.S. Government does not warrant the adequacy, accuracy, 
currency, or completeness of the technical data.
    (f) The U.S. Government assumes no liability for loss, damage, or 
injury resulting from manufacture or use for any purpose of any product, 
article, system, or material involving reliance upon any or all 
technical data furnished in response to the request for technical data.

[[Page 593]]

    (g) If the technical data furnished by the Government will be used 
for commercial manufacturing or other profit potential, a license for 
such use may be necessary. Any payments made in support of the request 
for data do not include or involve any license rights.
    (h) A copy of this notice shall be provided with any partial or 
complete reproduction of these data that are provided to qualified U.S. 
contractors.