SpendQueryBeta

FAR and DFARS › DFARS Part 204: Administrative and Information Matters › Subpart 204.4

DFARS 204.470-2 National security exclusion.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section describes how the United States may declare national security exclusions from IAEA inspection requirements under the U.S.-IAEA Additional Protocol. It directs DoD program managers to act when a contractor notifies them that the contractor must report activities under the U.S.-IAEA AP, either by assessing security or by seeking a written exclusion. It matters to contractors because it sets out the process that follows their reporting obligation.

Applies to: DoD program managers responding to contractor notifications under the U.S.-IAEA AP

What it requires

  • A DoD program manager who receives a contractor notification must conduct a security assessment to determine if, and by what means, access may be granted to the IAEA, or provide written justification to the component or agency treaty office for application of the national security exclusion at that

Key terms: U.S.-IAEA AP · national security exclusion · security assessment · IAEA · DoD Instruction 2060.03

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) The U.S.-IAEA AP permits the United States unilaterally to declare exclusions from inspection requirements for activities, or locations or information associated with such activities, with direct national security significance.

(b) In order to ensure that all relevant activities are reviewed for direct national security significance, both current and former activities, and associated locations or information, are to be considered for applicability for a national security exclusion.

(c) If a DoD program manager receives notification from a contractor that the contractor is required to report any of its activities in accordance with the U.S.-IAEA AP, the program manager will—

(1) Conduct a security assessment to determine if, and by what means, access may be granted to the IAEA; or

(2) Provide written justification to the component or agency treaty office for application of the national security exclusion at that location to exclude access by the IAEA, in accordance with DoD Instruction 2060.03, Application of the National Security Exclusion to the Agreements Between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America.

← 204.470-1 General. · 204.470-3 Contract clause. →

Rule changes for DFARS Part 204

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 204.470-2 National security exclusion · SpendQuery