Distribution_Statement_Tech_Data.pdf

DoDI 5230.24, August 23, 2012

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ENCLOSURE 4

DISTRIBUTION STATEMENTS FOR USE ON TECHNICAL DOCUMENTS

1. GENERAL. Distribution statements shall be shown on the title page, front cover, and SF 298, where applicable. Portions or pages of a document or compilation may have different distribution statements that would govern their distribution if separated from the main document.

The most restrictive distribution on its parts applies to the document as a whole.

a. The wording of the distribution statements specified by this Instruction may not be modified to accommodate additional distribution, such as distribution to foreign governments.

Such release is outside the scope of secondary DoD distribution. For other authorized markings or notices that appear on a document in accordance with a statute, a regulation, or other policy (e.g., Defense Federal Acquisition Regulations Supplement (DFARS) legends, North Atlantic Treaty Organization markings), “REL TO” (releasable to) may be used to inform distribution.

b. At the discretion of the Controlling DoD office, for purposes of clarification, distribution statements B, C, D, and E may begin with the word “Secondary” and the following text may precede the statements: “The [Controlling DoD Office] authorizes secondary distribution, release, and dissemination to the extent permitted by this distribution statement without additional approvals or authorizations.”

bc. Distribution Statements B, C, D, and E are expressed in a standard format comprising four components presented in the following order:

(1) Authorized audience.

(2) Reason for control.

(3) Date of determination.

(4) Controlling office.

cd. More than one reason or justification for non-release of controlled technical information may apply. Therefore, more than one reason may be used in a distribution statement. In these instances, the most restrictive reason shall govern the distribution determination.

2. DISTRIBUTION STATEMENTS AND NOTICES. The distribution statements and notices described in this section are authorized for use on DoD technical documents. A matrix of Distribution Statements and corresponding reasons appears in Table 5.

a. “DISTRIBUTION STATEMENT A. Approved for public release. Distribution is unlimited.”

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(1) This statement may be used only on unclassified technical documents that have been cleared for public release by competent authority in accordance with References (ki) and (lj).

Technical documents resulting from contracted fundamental research efforts will normally be assigned Distribution Statement A, except for those rare and exceptional circumstances where there is a high likelihood of disclosing performance characteristics of military systems or of manufacturing technologies that are unique and critical to defense, and agreement on this situation has been recorded in the contract or grant.

(2) Technical documents with this statement may be made available or sold to the public and foreign nationals, companies, and governments, including adversary governments, and may be exported.

(3) This statement shall not be used on classified technical documents or documents containing export-controlled technical data as provided in Reference (d).

(4) This statement may not be used on technical documents that formerly were classified unless such documents are cleared for public release in accordance with References (ki) and (lj).

b. “DISTRIBUTION STATEMENT B. (Secondary [optional]) Distribution authorized to U.S. Government agencies only (fill in reason) (date of determination). Other requests for this document shall be referred to (insert controlling DoD office).”

(1) This statement may be used on unclassified and classified technical documents.

(2) Reasons for assigning Distribution Statement B are listed in Table 1.

Table 1. Reasons to Assign Distribution Statement B

Administrative or Operational Use

To protect technical or operational data or information from automatic dissemination under the International Exchange Program or by other means. This protection covers publications required solely for official use or strictly for administrative or operational purposes including data or information intended for the sole purpose of operating and sustaining DoD weapon systems. This statement may apply to manuals, pamphlets, weapon system specifications, technical orders, technical reports, and other publications or technical data containing valuable technical or operational information.

Contractor Performance Evaluation

To protect information in management reviews, records of contract performance evaluation, or other advisory documents evaluating programs of contractors.

Assigned pursuant to subparts 203.104-4 of Reference (so).

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Table 1. Reasons to Assign Distribution Statement B, Continued

Critical Technology To protect information on technologies essential to the design, development, production, operation, application, or maintenance of an article or service that makes or could make a significant contribution to the military potential of any country, including the United States.

This includes, but is not limited to, design and manufacturing knowledge, technical data, keystone equipment, and inspection and test equipment or data that relate to a specific military deficiency of a potential adversary. Information of this type may be classified or unclassified.

Assigned pursuant to subpart 800.209 of title 31, CFR (Reference (uq)); ITAR; and EAR.

Export Controlled To protect information subject to the provisions of Reference (d). Distribution “X” is superseded by issuance of this Instruction. Subsequent dissemination of formerly Distribution X documents shall display Distribution Statement C, with export control as the reason and shall be marked as directed in paragraph 8.a of Enclosure 3, unless changed by the controlling DoD office.

Foreign Government Information To protect and limit distribution in accordance with the desires of and agreements with the foreign government that furnished the technical information.

Assigned pursuant to chapter 15 of title 50, U.S.C.

(Reference (vr)) and Executive Order 13526 (Reference (ws)).

Operations Security To protect information and technical data that may be observed by adversary intelligence systems and to determine what indicators hostile intelligence systems may obtain that could be interpreted or assembled to derive critical information in time to be useful to adversaries.

Assigned in accordance with DoDD 5205.02 (Reference (xt)).

Premature Dissemination To protect patentable information on systems or processes in the development or concept stage from premature dissemination.

Assigned pursuant to section 205 of title 35, U.S.C.

(Reference (yu)).

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Table 1. Reasons to Assign Distribution Statement B, Continued

Proprietary Information To protect information not owned by the U.S.

Government and marked with a statement of a legal property right. This information is received with the understanding that it not be routinely transmitted outside the U.S. Government. See Enclosure 5 of this Instruction for information on third party-imposed restrictive markings.

Assigned pursuant to Public Law 104–294 (Reference (zv)); section 1498(a) of title 28, U.S.C. (Reference (aaw)); title 17, U.S.C. (Reference (abx)); section 1905 of title 18, U.S.C. (Reference (acy)); and section 638 of title 15, U.S.C. (Reference (adz)).

Test and Evaluation To protect the results of test and evaluation of commercial products or military hardware when disclosure may cause unfair advantage or disadvantage to the manufacturer of the product.

Assigned pursuant to part 311.8 of title 32, CFR (Reference (aeaa)).

Software Documentation To protect technical data relating to computer software that is releasable only in accordance with the software license in subpart 227.72 of Reference (so). It includes documentation such as user’s or owner’s manuals, installation instructions, operating instructions, and other information that explains the capabilities of or provides instructions for using or maintaining computer software.

Specific Authority To protect information not specifically included in the reasons listed in this table, but which requires protection in accordance with valid documented authority, such as Executive Orders, statutes, and regulations, such as the Atomic Energy Federal regulation. When filling in the reason, cite “Specific Authority (identification of valid documented authority).”

Vulnerability Information To protect information and technical data that provides insight into vulnerabilities of U.S. critical infrastructure, including DoD warfighting capabilities vital to National Security that are otherwise not publicly available.

Assigned pursuant to Public Law 107-296 (Reference (afab)).

c. “DISTRIBUTION STATEMENT C. (Secondary [optional]) Distribution authorized to U.S. Government agencies and their contractors (fill in reason) (date of determination). Other requests for this document shall be referred to (insert controlling DoD office).”

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(1) Distribution Statement C may be used on unclassified and classified technical documents.

(2) Reasons for assigning Distribution Statement C are listed in Table 2.

Table 2. Reasons to Assign Distribution Statement C

Administrative or Operational Use Same as Distribution Statement B.

Critical Technology Same as Distribution Statement B.

Export Controlled Same as Distribution Statement B.

Foreign Government Information Same as Distribution Statement B.

Software Documentation Same as Distribution Statement B.

Specific Authority Same as Distribution Statement B.

Vulnerability Information Same as Distribution Statement B.

d. “DISTRIBUTION STATEMENT D. (Secondary [optional]) Distribution authorized to the Department of Defense and U.S. DoD contractors only (fill in reason) (date of determination). Other requests shall be referred to (insert controlling DoD office).”

(1) Distribution Statement D may be used on unclassified and classified technical

(2) Reasons for assigning Distribution Statement D are listed in Table 3.

Table 3. Reasons to Assign Distribution Statement D

Administrative or Operational Use Same as Distribution Statement B.

Critical Technology Same as Distribution Statement B.

Export Controlled Same as Distribution Statement B.

Foreign Government Information Same as Distribution Statement B.

Software Documentation Same as Distribution Statement B.

Specific Authority Same as Distribution Statement B.

Vulnerability Information Same as Distribution Statement B.

e. “DISTRIBUTION STATEMENT E. (Secondary [optional]) Distribution authorized to DoD Components only (fill in reason) (date of determination). Other requests shall be referred to (insert controlling DoD office).”

(1) Distribution Statement E may be used on unclassified and classified technical

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(2) Any document delivered to DTIC or any other Component information center without a distribution statement automatically will be assigned Distribution Statement E.

(23) Reasons for assigning Distribution Statement E are listed in Table 4:

Table 4. Reasons to Assign Distribution Statement E

Direct Military Support The document contains export-controlled technical data of such military significance that release for purposes other than direct support of DoD-approved activities may jeopardize an important technological or operational military advantage of the United States, another country, or a joint U.S.-foreign program.

Designation of such data is made by competent authority in accordance with Reference (d).

Assigned pursuant to section 2751 of title 22, U.S.C.

(Reference (agaf)).

Administrative or Operational Use Same as Distribution Statement B.

Contractor Performance Evaluation Same as Distribution Statement B.

Critical Technology Same as Distribution Statement B.

Export Controlled Same as Distribution Statement B.

Foreign Government Information Same as Distribution Statement B.

Operations Security Same as Distribution Statement B.

Premature Dissemination Same as Distribution Statement B.

Proprietary Information Same as Distribution Statement B.

Software Documentation Same as Distribution Statement B.

Specific Authority Same as Distribution Statement B.

Test and Evaluation Same as Distribution Statement B.

Vulnerability Information Same as Distribution Statement B.

f. “DISTRIBUTION STATEMENT F. Further dissemination only as directed by (inserting controlling DoD office) (date of determination) or higher DoD authority.” Distribution Statement F is normally used only on classified technical documents, but may be used on unclassified technical documents when specific authority exists (e.g., designation as direct military support as in Statement E). Distribution Statement F may be applied under rare and exceptional circumstances when specific authority exists or when need-to-know must be verified.

(1) To promote the free flow of information within DoD, Distribution Statement F will not be used on classified or unclassified scientific and technical documents governed by the DoD Scientific and Technical Information Program described in Reference (e).

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(2) Other technical documents (e.g., technical manuals and orders or weapons and munitions documents) may be assigned Distribution Statement F under the condition that the documents will be reviewed on a 5-year cycle to consider a wider secondary distribution audience.

(3) The controlling DoD office must respond within 30 days to a request for release of documents marked with Distribution Statement F. If there is no response, or if the controlling DoD office agrees, the document may be released to any DoD Component as Distribution Statement E.

g. EXPORT CONTROL WARNING. All printed and electronic, including digital, technical documents that are determined to contain export-controlled technical data shall be marked as shown in Figure 1. When it is technically infeasible to use the entire statement, an abbreviated marking may be used, and a copy of the full statement added to the “Notice To Accompany Release of Export-Controlled Data” required by Reference (ed).

Figure 1. Export Control Warning Label

WARNING - This document contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et seq.) or the Export Administration Act of 1979 (Title 50, U.S.C., App. 2401 et seq.), as amended. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25.

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Table 5. Distribution Statements and Their Corresponding Reasons for Use

DISTRIBUTION STATEMENT A. Approved for public release: distribution unlimited.

DISTRIBUTION STATEMENT B. Distribution authorized to U.S. Government agencies (reason) (date of determination). Other requests for this document shall be referred to (controlling DoD office).

DISTRIBUTION STATEMENT C. Distribution authorized to U.S. Government agencies and their contractors (reason) (date of determination). Other requests for this document shall be referred to (controlling DoD office).

DISTRIBUTION STATEMENT D. Distribution authorized to Department of Defense and U.S. DoD contractors only (reason) (date of determination). Other requests for this document shall be referred to (controlling DoD office).

DISTRIBUTION STATEMENT E. Distribution authorized to DoD Components only (reason) (date of determination). Other requests for this document shall be referred to (controlling DoD office).

DISTRIBUTION STATEMENT F. Further dissemination only as directed by (controlling office) (date of determination) or higher DoD authority.

REASON A B C D E

PUBLIC RELEASE. X

ADMINISTRATIVE OR OPERATIONAL USE: To protect technical or operational data or information from automatic dissemination under the International Exchange Program or by other means.

This protection covers publications required solely for official use or strictly for administrative or operational purposes. This statement may apply to manuals, pamphlets, technical orders, technical reports, and other publications containing valuable technical or operational data.

X X X X

CONTRACTOR PERFORMANCE EVALUATION: To protect information in management reviews, records of contract performance evaluation, or other advisory documents evaluating programs of contractors. X X CRITICAL TECHNOLOGY: To protect information and technical data that advance current technology or describe new technology in an area of significant or potentially significant military application or that relate to a specific military deficiency of a potential adversary. Information of this type may be classified or unclassified.

X X X X

DIRECT MILITARY SUPPORT: The document contains export-controlled technical data of such military significance that release for purposes other than direct support of DoD-approved activities may jeopardize an important technological or operational military advantage of the United States, another country, or a joint U.S.-foreign program. Designation of such data is made by competent authority in accordance with Reference (d).

X

EXPORT CONTROLLED: To protect information subject to the provisions of Reference (d). X X X X FOREIGN GOVERNMENT INFORMATION: To protect and limit distribution in accordance with the desires of and agreements with the foreign government that furnished the technical information. X X X X OPERATIONS SECURITY: To protect information and technical data that may be observed by adversary intelligence systems and determining what indicators hostile intelligence systems may obtain that could be interpreted or pieced together to derive critical information in time to be useful to adversaries.

X X

PREMATURE DISSEMINATION: To protect patentable information on systems or processes in the development or concept stage from premature dissemination. X X PROPRIETARY INFORMATION: To protect information not owned by the U.S. Government and marked with a statement of a legal property right. This information is received with the understanding that it will not be routinely transmitted outside the U.S. Government.

X X

TEST AND EVALUATION: To protect results of test and evaluation of commercial products or military hardware when disclosure may cause unfair advantage or disadvantage to the manufacturer of the product. X X SOFTWARE DOCUMENTATION: To protect technical data relating to computer software that is releasable only in accordance with the software license in subpart 227.72 of Reference (so). It includes documentation such as user or owner manuals, installation instructions, operating instructions, and other information that explains the capabilities of or provides instructions for using or maintaining computer software.

X X X X

SPECIFIC AUTHORITY: To protect information not specifically included in the above reasons, but which requires protection in accordance with valid documented authority (e.g., Executive orders, statutes such as Atomic Energy Federal regulation). When filling in the reason, cite “Specific Authority (identification of valid documented authority).”

X X X X

VULNERABILITY INFORMATION: To protect information and technical data that provides insight into vulnerabilities of U.S. critical infrastructure, including DoD warfighting infrastructure, vital to National Security that are otherwise not publicly available.

X X X X