DFARS 227.7203-16 Providing computer software or computer software documentation to foreign governments, foreign contractors, or international organizations

Subsection Defense Federal Acquisition Regulation Supplement

Facts

Citation
DFARS 227.7203-16
Type
Subsection
Supplements
FAR Part 27 Patents, Data, and Copyrights
Last amended
88 FR 6578 Effective Jan 31, 2023
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

Computer software or computer software documentation 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 computer software or computer software documentation 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 computer software or computer software documentation for which restrictions on use, release, or disclosure have been asserted to such foreign entities or authorize the use of such 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 252.227-7014 , Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation, 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: Definition of “Commercial Item” (DFARS Case 2018-D066) 88 FR 6578 · Docket DARS-2022-0004

Sections cited

  • DFARS 227.7103-7 Use and nondisclosure agreement
  • DFARS 252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation

Quick answers

What is DFARS 227.7203-16?

DFARS 227.7203-16 is a subsection of the Defense Federal Acquisition Regulation Supplement, titled "Providing computer software or computer software documentation to foreign governments, foreign contractors, or international organizations".

When was DFARS 227.7203-16 last changed?

The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Definition of “Commercial Item” (DFARS Case 2018-D066)" (88 FR 6578), published Jan 31, 2023 and effective Jan 31, 2023.

Are changes to DFARS 227.7203-16 proposed?

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

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