scope:

PURPOSE. In accordance with the authority in DoD Directive 5111.11 (Reference (a)) and the Deputy Secretary of Defense Memorandum (Reference (b)), this instruction:

a. Reissues DoD Instruction (DoDI) 2040.02 (Reference (c)).

b. Establishes DoD policy, assigns responsibilities, and prescribes procedures for the international transfer of dual-use and defense-related technology, articles, and services.

c. Directs the use of a DoD automated export license system.

APPLICABILITY. This instruction:

a. Applies to OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands (CCMDs), the Office of the Inspector General of the Department of Defense (IG DoD), the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (referred to collectively in this instruction as the "DoD Components").

b. Applies to all transfer mechanisms and will be implemented through such processes as export licensing; security cooperation (including foreign military sales (FMS)); transfers of DoD personal property to parties outside of DoD control; and any DoD research, development, and acquisition (RDA) activities, including international agreements.

c. Does not affect policies, procedures, and responsibilities contained in National Disclosure Policy No. 1 (Reference (d)) and DoD Directive 5230.11 (Reference (e)) concerning disclosures of classified military information.