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Military Critical Technical Data Agreement   (DD Form 2345)

The U.S. Department of Defense requires certification from U.S. contractors, including universities, that wish to obtain access to unclassified technical data that discloses specifications for technology considered critical by the U.S. Department of Defense and/or Canadian Department of National Defense.

Access to unclassified technical data may not be exported outside of the U.S. without an approval authorization or license under U.S. or Canadian export control laws. Approval is also required to share any unclassified technical data with any foreign nationals in the U.S.

According to U.S. Defense Directive 5230.25 and Canadian Technical Data Control Regulations any of the following would constitute unclassified technical data:

  • Technical data with military or space application
  • Blueprints, drawings, plans, instructions, computer software or documentation
  • Other technical information that can be used (or be adapted for use) to design, engineer, produce, manufacture, operate, repair, overhaul, or reproduce any military or space equipment or technology concerning such equipment

To facilitate authorization requests, the U.S. and Canada signed a Memorandum of Understanding (MOU) in 1985 that established the U.S. - Canada Joint Certification Program (JCP). The JCP "certifies access to unclassified technical data on an equally favorable basis to contractors of each country" through the U.S-Canada Joint Certification Office (JCO).

WVU maintains an approved Military Critical Technical Agreement (Form DD2345) with the JCO.  Under the JCP, data is sent to the recipient's Data Custodian named on the DD2345 who is then responsible for ensuring that appropriate safeguards (controls) are put in place to prevent unauthorized disclosures and exports before releasing it to the end user (i.e., researcher).

WVU’s Export Control Officer, an empowered official, serves as Data Custodian for WVU’s DD2345 form. Faculty, staff and students who require access to this information must complete and submit a request form (PDF) for approval.  Additional requirements include the implementation of a Technology Control Plan (TCP) and Export Control training.

(A TCP is not required for meeting attendance unless the participant will be retaining unclassified technical data from the meeting that requires safeguarding.)

For more information about DD2345 requests, please contact the Export Control Office.