Unmarked Engineering Data.pdf

This is a memorandum issued by the Department of the Air Force, Headquarters Ogden Air Logistics Center (AFMC) at Hill Air Force Base, Utah, dated January 24, 2012, addressing export control requirements for unmarked engineering data provided to contractors.

The memorandum establishes that any engineering drawings without explicit distribution statements and export control notices should be treated as restricted to DoD and US DoD contractors only under "DISTRIBUTION D" classification. The document warns that the data set contains technical information whose export is restricted by the Arms Export Control Act (22 U.S.C., Sec 2751, et seq.) and the Export Administration Act of 1979 (50 U.S.C., App. 2401 et seq.), with violations subject to severe criminal penalties including up to 2 years imprisonment and fines up to $100,000 under ITAR, or up to 10 years imprisonment and fines up to $250,000 under EAR. The memorandum clarifies that unauthorized dissemination may result in contractor disqualification and affect future DoD contract eligibility. The document includes liability disclaimers stating the government assumes no responsibility for patent infringement, data accuracy, or losses resulting from use of the technical data. Contractors receiving reproductions of this data must include a copy of the notice with any partial or complete reproduction. Questions regarding export-controlled data should be directed to Vickie Inlow, Lead of the Engineering Data Support Center, at Hill AFB, Utah.