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DOD/OS RIN: 0790-AI73 Publication ID: Fall 2011 
Title: ●Withholding of Unclassified Technical Data From Public Disclosure 
Abstract: This part establishes policy, prescribes procedures, and assigns responsibilities for the dissemination and withholding of technical data pursuant to 10 USC 130. Pursuant to 10 U.S.C. 130 and 133, the Secretary of Defense may withhold from public disclosure, notwithstanding any other provision of law, any technical data with military or space application in the possession of, or under the control of, the DoD, if such data may not be exported lawfully without an approval, authorization, or license in accordance with Executive Order 13222 or pursuant to the Arms Export Control Act of 1976. However, technical data may not be withheld under this section if regulations promulgated under either Executive Order 13222 or the Arms Export Control Act of 1976 authorize the export of such data pursuant to a general, unrestricted license or exemption in such regulations. Because public disclosure of technical data subject to this part is tantamount to providing uncontrolled foreign access, withholding such data from public disclosure, unless approved, authorized, or licensed in accordance with export control laws, is necessary and in the national interest. Unclassified technical data that are not governed by this part, unless otherwise restricted, shall continue to be made available to the public as well as to State and local governments. 
Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 32 CFR 250   
Legal Authority: 10 USC 133   
Legal Deadline:  None
Action Date FR Cite
NPRM  06/00/2012    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Vakare Valaitis
Department of Defense
Office of the Secretary
8725 John J. Kingman Road,
Fort Belvoir, VA 22060-6218
Phone:703 767-9159
Fax:703 767-8228