SpendQueryBeta

FAR and DFARS › DFARS Part 227: Patents, Data, and Copyrights › Subpart 227.71

DFARS 227.7103-16 Providing technical data to foreign governments, foreign contractors, or international organizations.

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 limits when the Department of Defense may give technical data to foreign governments, foreign contractors, or international organizations. Release is allowed only if it is permitted by Federal export controls and other national security laws or regulations. Data with unlimited rights may be released, but data with asserted restrictions may not be released unless the recipient agrees to the same use and nondisclosure terms and the applicable data rights clause requirements are met.

Applies to: Department of Defense actions involving release or disclosure of technical data to foreign governments, foreign contractors, or international organizations

What it requires

  • Ensure release or disclosure is permitted by Federal export controls and other national security laws or regulations
  • Do not release or disclose restricted technical data to foreign entities unless the recipient is subject to the same use and nondisclosure agreement provisions and the applicable data rights clause requirements are satisfied

Key terms: technical data · unlimited rights · foreign governments · foreign contractors · international organizations

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

The text

Technical data may be released or disclosed to foreign governments, foreign contractors, or international organizations only if release or disclosure is otherwise permitted both by Federal export controls and other national security laws or regulations. Subject to such laws and regulations, the Department of Defense—

(a) May release or disclose technical data in which it has obtained unlimited rights to such foreign entities or authorize the use of such data by those entities; and

(b) Shall not release or disclose technical data for which restrictions on use, release, or disclosure have been asserted to foreign entities, or authorize the use of technical data by those entities, unless the intended recipient is subject to the same provisions as included in the use and nondisclosure agreement at 227.7103-7 and the requirements of the clause at 252.227-7103, Rights in Technical Data—Other Than Commercial Products and Commercial Services, governing use, modification, reproduction, release, performance, display, or disclosure of such data have been satisfied.

Sections it refers to

← 227.7103-15 Subcontractor rights in technical data. · 227.7103-17 Overseas contracts with foreign sources. →

Rule changes for DFARS Part 227

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

DFARS 227.7103-16 Providing technical data to foreign governments, foreign contractors, or international organizations · SpendQuery