Military Critical Technical Data Agreement (DD 2345) Guidelines & Approval Process

Introduction

The University of Maine has a Joint Certification Program (JCP)-certified Military Critical Technical Data Agreement, otherwise known as DD Form 2345, which may be used by University personnel in certain instances. This document outlines the limited instances when University personnel may use the University’s JCP-certified DD Form 2345, and the process for obtaining approval to do so.

DD Form 2345 Background

DD Form 2345 is the institutional form used to register in the Joint Certification Program (JCP) (external link). U.S. and Canadian contractors apply through the JCP, by submitting DD Form 2345, for access to Department of Defense/Department of National Defense (DOD/DND) unclassified export controlled technical data/critical technology on an equally favorable basis in accordance with DODD (Department of Defense Directive) 5230.25, “Withholding of Unclassified Technical Data and Technology from Public Disclosure” (PDF) (external link) (DOD Directives [external link]) and Canadian Technical Data Control Regulations. The Joint Certification Office is staffed by DOD and DND staff that review and certify contractor-submitted DD Form 2345.

A JCP-certified DD Form 2345 (PDF) (external link) may be used to access data for the following purposes:

To bid on DOD solicitations or execute DOD contracts that involves access to export controlled technical data;
Conference/meeting attendance that discusses/shares DOD/DND export-controlled material/data;
Exchange of DOD/DND export controlled technical data between vendors;
To obtain Request for Proposal (RFP) details involving DOD/DND export controlled data;
DOD Research/Development projects involving export controlled data; or
To participate in a Directly Arranged Visit (DAV) (Canada to U.S. or U.S. to Canada).

Under the JCP rules, data is sent to/accessed by the recipient’s designated Data Custodian who is then responsible for ensuring that appropriate controls are put in place to prevent unauthorized disclosures and exports before releasing it to user.

University Approval Process

The University of Maine has a JCP-certified DD Form 2345 which is used to facilitate bidding on DOD solicitations which contain export controlled information or to allow the participation of University of Maine researchers in conferences, workshops, and symposiums where export controlled technical information will be shared.

University faculty, staff, and students engaging in University-supported activities are required by the JCP to use our institutional certification rather than register with JCP as an individual. Use of the University’s institutional certification requires approval by the requestor’s Unit Head (e.g. center/institute director for requestors affiliated with a university-level center/institute or academic department chair and Dean), followed by approvals by the Director of Research Compliance and the Vice President for Research and Dean of the Graduate School (VPRDGS).

All DD Form 2345-related questions and request must be directed to the Office of Research Compliance (ORC) at um.export@maine.edu. ORC will coordinate review with the University’s Data Custodian and University Administration. Requesters must describe why they need the DD Form 2345 and include a description of the work or event that requires use, what U.S. or Canadian government program that requires use, and the dates the access is anticipated to begin and end. ORC, the Data Custodian, and University Administration will consider your contractual or program need for the use of the DD Form 2345 and the ability to control and secure the military critical technical data.

If the request to use the DD Form 2345 necessitates amending the DD Form 2345, note that it will require approval from ORC, the Data Custodian, and University Administration as well as applying to JCP. Please note that once University approval for an amendment is granted, approval by JCP may take three months or more.

An approved Technology Control Plan (TCP) is required for all JCP data, regardless of format, that will be accessed, developed, provided, used or stored by or on behalf of the University or University personnel. If permission to use the DD Form 2345 is granted, ORC will work with requesters to develop a TCP. Access to information will not be given by the Data Custodian until and unless a TCP is formalized and implemented for the project.

Approval is limited by project need and duration. If a request is approved to use the DD Form 2345 for one project or event, a new request must be submitted for additional projects or events. If a requester is granted permission to use it for a limited duration and you need to change or extend that duration, they should contact ORC using the address above. ORC will work with the requester, the Data Custodian and University Administration to evaluate the need and amend the TCP if permission is granted.