DFARS 227.7103-16 Providing technical data to foreign governments, foreign contractors, or international organizations

Subsection Defense Federal Acquisition Regulation Supplement

Facts

Citation
DFARS 227.7103-16
Type
Subsection
Supplements
FAR Part 27 Patents, Data, and Copyrights
Last amended
89 FR 103338 Effective Jan 17, 2025
Text as of
DFARS Change May 7, 2026
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.

Text

Technical data may be released or disclosed to foreign governments, foreign contractors, or international organizations only if release or disclosure is otherwise permitted both by Federal export controls and other national security laws or regulations. Subject to such laws and regulations, the Department of Defense—

(a) May release or disclose technical data in which it has obtained unlimited rights to such foreign entities or authorize the use of such data by those entities; and

(b) Shall not release or disclose technical data for which restrictions on use, release, or disclosure have been asserted to foreign entities, or authorize the use of technical data by those entities, unless the intended recipient is subject to the same provisions as included in the use and nondisclosure agreement at 227.7103-7 and the requirements of the clause at 252.227-7013 , Rights in Technical Data–Other Than Commercial Products and Commercial Services, governing use, modification, reproduction, release, performance, display, or disclosure of such data have been satisfied.

Federal Register history

Final rule Published Effective
Defense Federal Acquisition Regulation Supplement: Small Business Innovation Research Program Data Rights (DFARS Case 2019-D043) 89 FR 103338 · Docket DARS-2020-0033
Defense Federal Acquisition Regulation Supplement: Definition of “Commercial Item” (DFARS Case 2018-D066) 88 FR 6578 · Docket DARS-2022-0004

Sections cited

Quick answers

What is DFARS 227.7103-16?

DFARS 227.7103-16 is a subsection of the Defense Federal Acquisition Regulation Supplement, titled "Providing technical data to foreign governments, foreign contractors, or international organizations".

When was DFARS 227.7103-16 last changed?

The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Small Business Innovation Research Program Data Rights (DFARS Case 2019-D043)" (89 FR 103338), published Dec 18, 2024 and effective Jan 17, 2025.

Are changes to DFARS 227.7103-16 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

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