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, Hill Air Force Base, Utah, dated 2 February 2022.

The memorandum addresses handling of unmarked engineering data in contract-related documents. All drawings without distribution statements and export control notices should be treated as marked with "DISTRIBUTION D: Distribution authorized to DoD and US DoD contractors only, Critical Technology, 2 February 2022." The document provides guidance on export-controlled technical data restrictions under the Arms Export Control Act and the Export Administration Act, warning that unauthorized dissemination is prohibited and may result in disqualification from future Department of Defense contracts. The memorandum emphasizes that contractors must comply with DoD Directive 5230.25 and include a copy of the export control notice with any partial or complete reproduction of the data provided to qualified U.S. contractors. The attachment provides detailed instructions on controlling export-controlled technical data, including penalties for violations (up to 2 years imprisonment and fines up to $100,000 or $250,000 depending on the applicable statute), government liability disclaimers regarding patent infringement and data accuracy, and notification that any commercial manufacturing use of the technical data may require a separate license. Questions should be directed to Vickie Inlow at vickie.inlow@us.af.mil or 801-777-6228.