MDA LCI_Attch 3a_CUI Marking Trifold.pdf

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Attached to
Missile Defense Agency - Low Cost Interceptor Federal contract opportunity
Solicitation number
Not on record
Issued by
DOD Missile Defense Agency

About this file

This document is a Controlled Unclassified Information (CUI) Marking Trifold guide for Missile Defense Agency (MDA) Industry Partners, providing comprehensive instructions on how to properly mark documents containing sensitive but unclassified information. The guide details a step-by-step process for identifying and marking CUI categories, including budget, contract use, technical information, export controls, and other sensitive classifications. It outlines specific requirements for banner markings, portion markings, and cover page annotations, with detailed guidance on applying distribution statements and limited dissemination controls. The document also includes a matrix of distribution statement categories and provides warnings about export-controlled technical data and privacy act information handling.

The guide emphasizes the importance of correctly identifying and marking CUI across various document types, with specific instructions for both unclassified and classified products. It provides a comprehensive list of CUI categories with their corresponding markings, explains how to apply distribution statements (A through F), and includes notes about public release authorization, foreign disclosure procedures, and compliance with Department of Defense instructions. The document serves as a critical reference for MDA industry partners to ensure proper handling and marking of sensitive documents.

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4. List all CUI Categories in the CUI Designation

Indicator that were selected in Step 1

NOTE: If a product is updated, repeat Step 1 to confirm all CUI Categories have been identified

5. Apply the applicable Distribution Statement Letter or

Limited Dissemination Control (LDC) to the CUI

Designation Indicator:

• Choose the Distro Stmt or LDC based on the

INTENDED AUDIENCE:

‒ If product contains Technical Information, apply the

Distro Stmt letter; or

‒ If product contains only Non-Technical Information, apply the applicable LDC

CHOOSING APPLICABLE CUI

CATEGORY(IES)

CUI Category Category Marking

Budget (e.g., Program or Agency level budget information or funding status prior to public release)

BUDG

Contract Use CONTRACT

Controlled Technical Information (e.g., add/use CTI with EXPT or EXPTR)

CTI

DoD Critical Infrastructure Security Information DCRIT

Emergency Management (e.g., COOP) EMGT

Export Controlled (e.g., add/use CTI with EXPT) EXPT

Export Controlled Research (e.g., research projects, studies, SBIRS, etc., and add/use CTI with

EXPTR)

EXPTR

General Intelligence INTEL

General Privacy PRVCY

General Procurement and Acquisition (e.g., Acq level planning/scheduling/budgeting information, etc.

prior to public release)

PROCURE

General Proprietary Business Information (e.g., company burn-rates/cost data, marketing info, etc.)

PROPIN

Health Information (e.g., requests for reasonable accommodation, COVID status, etc.)

HLTH

Information Systems Vulnerability Information ISVI

Inventions INVENT

International Agreement Information (e.g., Foreign Disclosure, MOU/MOA, Joint Projects, Security Agreements, etc. prior to international partner public release)

INTL

Military Personnel Records MIL

Operations Security (NOTE: To use the OPSEC category, the information must be on the MDA or DoD Program OPSEC Critical Information List (CIL)

OPSEC

Patent Applications APP

Personnel Records PERS

Physical Security PHYS

CUI Category Category Marking

Proprietary Manufacturer MFC

Protected Critical Infrastructure Information PCII

Secrecy Orders PSEC

Small Business Research and Technology SBIZ

Source Selection SSEL

Unclassified Controlled Nuclear Information - Defense DCNI

Unclassified Controlled Nuclear Information - Energy UCNI

Whistleblower Identity WHSTL

CHOOSING APPLICABLE CUI

CATEGORY(IES)

(continued)

CUI Mar k in g Tr i f o l d f o r M D A I n d u s t r y P a r t n e r s

BANNER, PORTION & PAGE MARKINGS

2. Apply applicable Banner and Portion Markings Unclassified products containing CUI are marked as follows:

• Banners must be marked CUI (top and bottom with conspicuously bold text on ALL pages)

• No Portion Marking required (IF you choose to portion mark, you MUST mark all portions

Classified products containing CUI are marked as follows:

• "CUI" may NOT be combined with a classified banner marking (e.g., SECRET//CUI or any other combination is prohibited); if marking at the highest classification per page, you may mark an interior banner CUI (top/bottom) if the information on that page only contains CUI or a combination of CUI and Unclassified or mark banner UNCLASSIFIED if only unclassified infor is on the page

• All portions must be marked, any portion that would have been previously marked (U//FOUO) is now marked (CUI)

• Unclassified portions are portion marked (U)

3. Apply all applicable Cover/1st Page Markings

• Apply a completed CUI Designation Indicator to the lower-right corner of the cover/first page but higher than footer (left-justified is authorized for emails)

Controlled By: Missile Defense Agency Controlled By: Company Name CUI Category(ies): List all categories of CUI in document Distribution Statement or Limited Dissemination Control: Pick One POC: Name and Phone or Email Address

1. Confirm product contains CUI

• Refer to Common MDA CUI Categories and Marking abbreviations below

LDC Description

LDC

Marking

NONE – Publicly Releasable AFTER Review

Federal Employees Only (No Contractors, Tribal, State, or Local)

FED ONLY

Federal Employees and Contractors Only

FEDCON

Dissemination List Controlled

DL ONLY

Authorized for Release to Certain Nationals Only

REL TO [USA,

LIST]

Display Only

DISPLAY

ONLY

No Dissemination to (Federal) Contractors

NOCON

No Foreign Dissemination (NOFORN is ONLY applied to information marked as such from an Intelligence source/product)

NOFORN

NOTE – "Attorney Client“ and "Attorney Work Product" LDCs are strictly confined to a Legal/GC context and are NOT used in the context of any other Acquisition or management deliberative process

COVER/1st PAGE MARKINGS (continued)

A complete list of CUI Categories can be found on the DoD CUI Registry: https://www.dodcui.mil

Contains Privacy Information subject to the Privacy Act of 1974.

DISTRIBUTION STATEMENTS

This content is classified at the (insert highest classification level of the product) level and may contain elements of controlled unclassified information (CUI), unclassified, or information classified at a lower level than the overall classification displayed. It must be reviewed for both Classified National Security Information (CNSI) and CUI in accordance with DoDI

5230.09 prior to public release.

WARNING - This document contains technical data whose export is restricted by the Arms Export Control Act (Section 2751 of Title 22, United States Code) or the Export Control Reform Act of 2018 (Chapter 58 Sections 4801-4852 of Title 50, United States Code).

Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25 and DoD Instruction 2040.02.

COVER/1st PAGE MARKINGS (continued)

NOTE: YYYYMMDD is usually the date of the report, but may be earlier if specified by contract or other agreement

DISTRIBUTION STATEMENT A. Approved for public release:

distribution is unlimited.

NOTE: Distro Stmt A may ONLY be applied to MDA products that have been approved by MDA Public Affairs (PA), (e.g., CUI will not be in a product that has been approved for public release). PA will provide a public release authorization number that must be applied to documents approved for public release (e.g., MDA/PA Case number YY-MDA-

XXXX).

DISTRIBUTION STATEMENT B. Distribution authorized to U.S.

Government agencies, Category, YYYYMMDD. Other requests for this document must be referred to Missile Defense Agency, 2/3-ltr Name (Ofc Symbol).

DISTRIBUTION STATEMENT C. Distribution authorized to U.S.

Government agencies and their contractors, Category, YYYYMMDD. Other requests for this document must be referred to Missile Defense Agency, 2/3-ltr Name (Ofc Symbol).

DISTRIBUTION STATEMENT D. Distribution authorized to Department of Defense and U.S. DoD contractors only, Category, YYYYMMDD. Other requests for this document must be referred to Missile Defense Agency, 2/3-ltr Name (Ofc Symbol).

DISTRIBUTION STATEMENT E. Distribution authorized to DoD Components only, Category, YYYYMMDD. Other requests for this document must be referred to Missile Defense Agency, 2/3-ltr Name (Ofc Symbol).

NOTE: This statement will not be modified to further restrict access to specific branches or agencies within the DoD.

NOTE: Any technical information delivered to DTIC or any other DoD Component information center without a distribution statement will automatically be assigned Distribution Statement E.

DISTRIBUTION STATEMENT F. Further distribution only as directed by Missile Defense Agency, 2/3-ltr Name (Ofc Symbol), YYYYMMDD or higher DoD authority.

NOTE: Distro Stmt F must not be used on STIP documents sent to DTIC IAW DoDI 5230.24 & DoDI 3200.12

NOTE: Distro Stmt F may be used on other technical information provided it will be reviewed on a 5-yr cycle.

NOTE: MDA must respond within 30 days to a request for release of technical info marked with Distro Stmt F. If MDA does not respond within 30 days, the information may be released to any DoD Component with Distro Stmt E..

REL TO. Information has been predetermined by the DoD controlling agency, in accordance with established foreign disclosure policies, to be releasable through established foreign disclosure procedures and channels, to the foreign country and international organization indicated.

11. Distribution Statement. Apply applicable distribution statement in its entirety on technical documents directly below and separate from the CUI Designation Indicator

6. IF product contains Export Controlled/Technical

Information:

• Apply the Distribution Statement you selected in Step 5.

Place directly below but separate from the CUI

Designation Indicator; and

• Apply the Export Control Warning

7. IF product (Unclassified or Classified) contains Privacy Act

Information, apply the Privacy Act statement:

8. Mandatory: Classified Products Only.

Apply the CUI Warning:

9. NOTE: The FOIA Notice is NO LONGER applied to any product. (DoDM 5200.01, Vol 4 required a FOIA Notice but was superseded by DoDI 5200.48 which removed the requirement. Therefore, a FOIA Notice is no longer required.)

10. NOTE: A Destruction Statement is not required per 32

CFR Part 117 – NISPOM

CATEGORIES A B C D E

PUBLIC RELEASE X

CONTROLLED TECHNICAL

INFORMATION (CTI) X X X X

CONTRACTOR PERFORMANCE

EVALUATION X X

CRITICAL TECHNOLOGY X X X X

DIRECT MILITARY SUPPORT X

EXPORT CONTROLLED X X X X

FOREIGN GOVERNMENT

INFORMATION X X X X

INTERNATIONAL AGREEMENTS

(IAs) X X X X

OPERATIONS SECURITY X X

PATENTS AND INVENTIONS X X

PROPRIETARY BUSINESS

INFORMATION X X

SBIR X X

SOFTWARE DOCUMENTATION X X X X

TEST AND EVALUATION X X

VULNERABILITY INFORMATION X X X X

DISTRIBUTION STATEMENT

CATEGORIES

January 8, 2024

References.

- DoDI 5200.48, March 06, 2020

- DoDI 5230.24, January 10, 2023

This awareness product DOES NOT replace, substitute, or otherwise waive requirements associated with DoDI 5200.48 or with guidance provided by your Facility Security Officer or the Defense Counterintelligence and Security Agency (DCSA).

File details come from the government source that posted it. Updated .