MDA MILC_Attch 3a_CUI Marking Trifold.pdf
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- Mobile Integrated Launch Capability
- Solicitation number
- 26-MDA-12366
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DOD Missile Defense Agency
About this file
This is a CUI Marking Trifold guidance document for Missile Defense Agency (MDA) industry partners that provides comprehensive instructions for marking Controlled Unclassified Information (CUI) on documents and products.
The document outlines a five-step process for properly marking CUI materials. Step 1 requires confirming that a product contains CUI and identifying applicable categories from a comprehensive list that includes Budget (BUDG), Contract Use (CONTRACT), Controlled Technical Information (CTI), DoD Critical Infrastructure Security Information (DCRIT), Export Controlled (EXPT), General Intelligence (INTEL), Personnel Records (PERS), Source Selection (SSEL), and others. Step 2 mandates applying banner markings reading "CUI" in bold text at the top and bottom of all pages; unclassified products require no portion marking unless the creator chooses to mark all portions. Step 3 requires applying a completed CUI Designation Indicator to the lower-right corner of the cover/first page that includes the controlling agency (MDA), controlled-by entity (company name), all applicable CUI categories, and appropriate distribution statement or Limited Dissemination Control (LDC) designation plus point of contact information. Step 5 requires selecting either a Distribution Statement (A through F, or REL TO) based on intended audience and whether the product contains technical information, or an applicable LDC if containing only non-technical information. Step 6 addresses export-controlled materials requiring both the selected distribution statement and an Export Control Warning. Additional requirements include Privacy Act statements for documents containing privacy information, CUI warnings for classified products only, and a distribution statement categories matrix indicating which statement applies to specific information types such as Controlled Technical Information, Critical Technology, Software Documentation, and Vulnerability Information. The guidance explicitly prohibits combining "CUI" with classified banner markings and specifies that NOFORN applies only to intelligence source products.
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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 .