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FAR and DFARS › DFARS Part 227: Patents, Data, and Copyrights › Subpart 227.72

DFARS 227.7203-16 Providing computer software or computer software documentation 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 restricts the release or disclosure of computer software or computer software documentation to foreign governments, foreign contractors, or international organizations. It allows such release only if permitted by Federal export controls and other national security laws, and sets conditions for when the Department of Defense may or may not release it. Contractors need to know these limits because they affect how and whether they can share such software or documentation with foreign entities.

Applies to: Department of Defense and contractors releasing or disclosing computer software or documentation 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.
  • For software or documentation with restrictions on use, release, or disclosure, ensure the intended recipient is subject to the same provisions as in the use and non-disclosure agreement at 227.7103-7.
  • For software or documentation with restrictions, ensure the requirements of the clause at 252.227-7014 governing use, modification, reproduction, release, performance, display, or disclosure have been satisfied.

Key terms: computer software · computer software documentation · 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

Computer software or computer software documentation 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 computer software or computer software documentation 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 computer software or computer software documentation for which restrictions on use, release, or disclosure have been asserted to such foreign entities or authorize the use of such data by those entities, unless the intended recipient is subject to the same provisions as included in the use and non-disclosure agreement at 227.7103-7 and the requirements of the clause at 252.227-7014, Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation, governing use, modification, reproduction, release, performance, display, or disclosure of such data have been satisfied.

Sections it refers to

  • 227.7103-7 Use and nondisclosure agreement.
  • 252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation.

← 227.7203-15 Subcontractor rights in computer software or computer software documentation. · 227.7203-17 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 227.7203-16 Providing computer software or computer software documentation to foreign governments, foreign contractors, or international organizations · SpendQuery