Unmarked Eng Data 2022.pdf

This is a Memorandum for Vendors/Contractors from the Department of the Air Force Air Force Life Cycle Management Center at Hill Air Force Base, Utah, dated February 2, 2022, addressing the handling of unmarked engineering data.

The memorandum instructs that any drawings or engineering data in a provided data set lacking distribution statements and export control notices should be treated as marked with Distribution Statement D, which restricts distribution to DoD and US DoD contractors only and classifies the information as Critical Technology. The document emphasizes that unmarked engineering data contains technical information subject to export control under the Arms Export Control Act (ITAR) and the Export Administration Regulation (EAR), with violations carrying severe criminal penalties including imprisonment up to 10 years and fines up to $250,000. Contractors must prevent unauthorized dissemination and include a copy of the export control notice with any partial or complete reproduction of the data provided. The memorandum also clarifies that the US Government assumes no liability for patent infringement, data accuracy, completeness, or losses resulting from manufacture or use of products based on the technical data, and that any commercial use may require separate licensing. Questions regarding this matter should be directed to Vickie Inlow at the provided contact information.