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DOD/DARC

RIN: 0750-AG78

Publication ID: Spring 2011

Title: Ownership or Control by a Foreign Government (DFARS Case 2010-D010)
Abstract: This rule implements revisions to DoD Directive-Type Memorandum (DTM) 09-019, "Policy Guidance for Foreign Ownership, Control, or Influence (FOCI)." The DTM revises the description of communications security material that is "proscribed information," i.e., that is prohibited from release. In reviewing the DTM, it became apparent that the current wording at Defense Federal Acquisition Regulation Supplement (DFARS) 252.209-7002 is potentially misleading. If the DFARS is not changed to be consistent with the revised DTM, contracting officers and contractors will be misinformed as to the meaning of ``proscribed information.'' Because the rule only impacts companies that are owned or controlled by a foreign government, and most small entities, as defined in the Regulatory Flexibility Act, are not owned or controlled by a foreign government, any economic impact is expected to be minimal.
Agency: Department of Defense(DOD)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 48 CFR 209 48 CFR 252
Legal Authority: 41 USC 42 48 CFR ch 1

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Interim Final Rule	06/23/2010	75 FR 35684
Interim Final Rule Effective	06/23/2010
Interim Final Rule Comment Period End	08/23/2010
Final Action	06/00/2011

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Ynette R. Shelkin Editor, Defense Acquisition Regulations System Department of Defense Defense Acquisition Regulations Council OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060 Phone:571 372-6089 Email: ynette.shelkin@osd.mil