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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
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