NAVY - OPNAVI 5510.161
(OP-009P3) WITHHOLDING OF UNCLASSIFIED TECHNICAL DATA FROM PUBLIC DISCLOSURE
|Publication Date:||29 July 1985|
a. Applies to all unclassified technical data that disclose critical technology with military or space application in the possession of or under the control of the DON which may not be exported lawfully without an approval, authorization or license under references (b) or (c).
b. Does not introduce any additional controls on the dissemination of technical data by private enterprises or individuals beyond those specified by export control laws and regulations or in contracts or other mutual agreements, including certifications made pursuant to paragraph 4c. Accordingly, the mere fact that the DON may possess such data does not in itself provide a basis for control of these data pursuant to this instruction.
c. Does not introduce any controls on the dissemination of scientific, educational or other data that qualify for General License GTDA under export control law. Enclosures (1) and (2) are pertinent extracts from these laws; General License GTDA is defined in enclosure (1).
d. Does not alter the DON's responsibility to protect proprietary data of a private party in which the DON or the Department of Defense has "limited rights" or "restricted rights" (see enclosure (3), Definitions) or which are authorized to be withheld from public disclosure under the Freedom of Information Act, reference (d).
e. Does not pertain to or affect the release of technical data by the DON to foreign governments, international organizations or their respective representatives or contractors, pursuant to official agreements or formal arrangements with the U.S. Government or pursuant to U.S. Government-licensed transactions involving these entities or individuals.
f. Does not apply to classified technical data. After declassification, however, dissemination of such data that are within the scope of paragraph 2a is governed by this instruction. Reference (e) prescribes policy and procedures for the protection of classified information, including classified technical data.