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The DD Form 2345, known as the Militarily Critical Technical Data Agreement, plays a vital role in facilitating the proper handling of sensitive technical data related to military applications. This form serves those individuals and enterprises aiming to gain access to specific militarily critical technical data, particularly from the U.S. and Canadian governments. It is essential to accurately fill out various sections of the form, including the type of submission, which could be an initial request, a revision, or a five-year renewal. Furthermore, the form requires specific information about the submitting entity, including its name, address, and a unique CAGE code, which is crucial for identification purposes. Additionally, the designated data custodian must be a qualified individual whose citizenship or residency status aligns with submission requirements and is responsible for overseeing compliance with export control laws. Completing the form accurately ensures that the requestor can legally access critical data necessary for bidding or performing on government contracts, while also adhering to legal and logistical protocols in place to safeguard such information. Submission is not just paperwork; it necessitates providing corroborating documents, such as incorporation certificates or business licenses, to verify the legitimacy of the contractor. Completion and acceptance of the DD Form 2345 confirm that the contractor understands the responsibilities tied to accessing and managing sensitive data, thus fostering a secure exchange of information vital for national defense and technological advancement.

Dd 2345 Example

MILITARILY CRITICAL TECHNICAL DATA AGREEMENT

OMB No. 0704-0207

(Please read Agency Disclosure Notice and Instructions on back

OMB approval expires

before completing this form.)

20220531

MAIL THE ORIGINAL, COMPLETED FORM AND A COPY OF YOUR COMPANY'S INCORPORATION CERTIFICATE, STATE/ PROVINCIAL BUSINESS LICENSE, SALES TAX IDENTIFICATION FORM OR OTHER DOCUMENTATION WHICH VERIFIES THE LEGITIMACY OF THE COMPANY TO:

U.S./CANADA JOINT CERTIFICATION OFFICE

DLA LOGISTICS INFORMATION SERVICE

FEDERAL CENTER, 74 WASHINGTON AVE., NORTH

BATTLE CREEK, MI USA 49037-3084

1. TYPE OF SUBMISSION (X one)

a. INITIAL SUBMISSION

b. REVISION

c. 5-YEAR RENEWAL

2.ENTERPRISE OR INDIVIDUAL DATA (Referred to as a "certified contractor" upon acceptance of certification by the U.S./Canada - JCO)

a. NAME (Name of Enterprise or Individual)

b. ADDRESS (Physical address, including P.O. Box if applicable)

c.NAME OF SUBSIDIARY/DIVISION/DEPARTMENT

d.CAGE CODE (Mandatory for Enterprise)

3. DATA CUSTODIAN

a.

NAME (See Instructions)

b. TELEPHONE NUMBER (Primary Company Number preferred - include area code)

 

 

 

 

 

 

c.

TITLE

d. E-MAIL ADDRESS

 

 

 

4.DESCRIPTION OF RELEVANT BUSINESS ACTIVITY (Print or type)

5.AS A CONDITION OF RECEIVING MILITARILY CRITICAL TECHNICAL DATA, THE ENTERPRISE OR INDIVIDUAL CERTIFIES THAT:

a. CITIZENSHIP/RESIDENCY STATUS.

 

 

d. They will not provide access to militarily critical technical data to persons other

The individual designated by name in Item 3, who will act as custodian of the

militarily critical technical data on behalf of the contractor, is a citizen or person

than their employees or eligible persons designated by the registrant to act on their

admitted lawfully for permanent residence into:

 

 

behalf unless such access is permitted by U.S. DoDD 5230.25, Canada's TDCR, or

(X (1) or (2))

 

 

by the U.S. or Canadian Government agency that provided the technical data.

 

 

 

 

 

 

 

(1) THE UNITED STATES

 

(2) CANADA

 

 

 

 

 

e. No person employed by the enterprise or eligible persons designated by the

b. The data are needed to bid or perform on a contract with any agency of the U.S.

registrant to act on their behalf, who will have access to militarily critical technical

Government or the Canadian Government or for other legitimate business activities

data, is disbarred, suspended, or otherwise ineligible to perform on U.S. or

in which the contractor is engaged, or plans to engage.

 

 

 

 

Canadian Government contracts or has violated U.S. or contravened Canadian

 

 

 

 

 

 

 

 

 

 

export control laws or has had a certification revoked under the provisions of U.S.

c. They (1) acknowledge all responsibilities under applicable U.S. export control

DoDD 5230.25 or Canada's TDCR.

laws and regulations (including the obligation, under certain circumstances, to obtain

 

an export license from the U.S. Government prior to the release of militarily critical

 

 

 

 

technical data within the United States) or applicable Canadian export control laws

f. They are not themself debarred, suspended, or otherwise ineligible to perform on

and regulations, and (2) agree not to disseminate militarily critical technical data in a

U.S. or Canadian Government contracts, and have not violated U.S. or contravened

manner that would violate applicable U.S. or Canadian export control laws and

Canadian export control laws, and have not had a certification revoked under the

regulations.

 

 

provisions of U.S. DoDD 5230.25 or Canada's TDCR.

6. CONTRACTOR CERTIFICATION

I certify that the information and certifications made by me are true, complete, and accurate to the best of my knowledge and belief and are made in good faith. I understand that a knowing and willful false statement on this form can be punished by fine or imprisonment or both.

(For U.S. contractors see U.S. Code, Title 18, Section 1001 and for Canadian contractors see the Defense Production Act.)

a.TYPED NAME (LAST, First, Middle Initial)

b. TITLE

c.SIGNATURE (See Instructions)

d. DATE SIGNED

 

 

 

 

 

7. CERTIFICATION ACTION (For JCO Use Only)

 

 

 

 

a. CERTIFICATION ACCEPTED. This certification number, along with a

b. NUMBER

c. EXPIRATION DATE

statement of intended data use, must be included with each request for

 

 

 

 

militarily critical technical data.

 

 

 

 

8. DOD OFFICIAL

9. CANADIAN OFFICIAL

a. TYPED NAME (LAST, First, Middle Initial)

a. TYPED NAME (LAST, First, Middle Initial)

b. TITLE

b. TITLE

c. SIGNATURE

d. DATE SIGNED

c. SIGNATURE

d. DATE SIGNED

DD FORM 2345, MAY 2019

PREVIOUS EDITION IS OBSOLETE.

INSTRUCTIONS FOR COMPLETING DD FORM 2345

AGENCY DISCLOSURE NOTICE

The public reporting burden for this collection of information, 0704-0207, is estimated to average 20 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Department of Defense, Washington Headquarters Services, at whs.mc-alex.esd.mbx.dd-dod-information-collections@mail.mil. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.

SPECIFIC INSTRUCTIONS

1.Mark only one box. Mark "REVISION" (of a previously accepted submission) to show revised information, such as addresses or business description. Mark "5-YEAR RENEWAL" in response to a renewal notice from U.S./Canada - JCO. When either the "REVISION" OR "5-YEAR RENEWAL" box is marked, enter your current Certification Number in Item 7.b.

2.a. For an enterprise, show full name of corporate parent; or institution. For an individual, show full name (LAST, First, Middle Initial).

b.Enter the physical mailing address of the enterprise or individual making the certification. If a P.O. Box is used for mailing purposes, include street address as well.

c.Each corporate subsidiary or division that is to receive militarily critical technical data must be certified separately, each with a unique CAGE Code. If not applicable, so state.

3.Show the name, business telephone number (including area code - general company number preferred), title of the individual and their e-mail address who will receive militarily critical technical data and be responsible for its further dissemination.

4.Describe the business activity of the entity identified in Item 2 in sufficient detail for the U.S. or Canadian Government agency controlling the data to determine whether the militarily critical technical data that you may request from time to time are reasonably related to your stated business activity. For example, state that you design and construct high-pressure, high volume hydraulic pumps for use in connection with aircraft control surfaces; do not state simply "hydraulic pumps." Provide concise statements within the space provided.

5.If certifications 5.e. and 5.f. cannot be made, provide (on a separate sheet) a description of any extenuating circumstances that may give sufficient reason to accept your certification.

5.a. If the location of the entity identified in Item 2.a. is in the United States, the individual named in Item 3 must be a U.S. citizen or a person admitted lawfully for permanent residence into the United States. If the location of the entity is in Canada, the individual named in Item 3 may be either a Canadian or U.S. citizen or a person admitted lawfully for permanent residence into Canada.

6.If Item 2 identifies an individual, that individual must sign. If Item

2identifies an institution or a corporate entity, a person who can legally obligate the enterprise to a contract must sign. Digital signatures are NOT acceptable.

7.CERTIFICATION ACTION.

a.ACCEPTED. The U.S./Canada - JCO has assigned the enterprise or individual identified in Item 2.a., a Certification Number which will identify the individual or enterprise as a "certified contractor" as defined in U.S. DoDD 5230.25 or Canada's TDCR. The acceptance is valid for a period of five years from the acceptance date unless sooner revoked under the provisions of U.S. DoDD 5230.25 or Canada's TDCR. If at any time a certified contractor is unable to adhere to the conditions under which a certification was accepted, the contractor's certification is considered void, and the contractor will either submit a revised certification or surrender all militarily critical technical data obtained under this agreement to the data controlling offices specified on the documents.

b.NUMBER. Certification Number (assigned by the JCO).

c.EXPIRATION DATE. Date Certification Number will expire (assigned by the JCO).

LEGEND:

DoD = Department of Defense

DoDD = Department of Defense Directive

U.S./Canada - JCO = United States/Canada Joint Certification Office

TDCR = Technical Data Control Regulations

Militarily Critical Technical Data = Unclassified technical data as governed by U.S. DoDD 5230.25 or Canada's TDCR.

DD FORM 2345 (BACK), MAY 2019

Form Characteristics

Fact Name Description
Purpose The DD Form 2345 is used to certify contractors who require access to militarily critical technical data for bidding or performance on U.S. and Canadian government contracts. It ensures that sensitive information is handled by authorized individuals or entities.
Submission Requirements Along with the completed form, a contractor must provide a copy of documentation that verifies the company’s legitimacy. Acceptable documents include a company incorporation certificate, business license, or sales tax identification form. This must be mailed to the U.S./Canada Joint Certification Office in Battle Creek, Michigan.
Certification Duration The certification provided through DD Form 2345 is valid for five years from the acceptance date by the U.S./Canada Joint Certification Office. Upon expiration, renewed certification is required to maintain access to sensitive technical data.
Governing Laws The DD Form 2345 is governed by the U.S. Department of Defense Directive (DoDD) 5230.25 and Canada's Technical Data Control Regulations (TDCR). These regulations outline the handling, distribution, and export of militarily critical technical data.

Guidelines on Utilizing Dd 2345

Completing the DD Form 2345 is a critical step for enterprises or individuals seeking access to militarily critical technical data. It requires careful attention to detail throughout diverse sections that pertain to organizational information, certifications, and signatures. Following these steps will guide you to successfully fill out the form and submit it for certification.

  1. Type of Submission: Indicate your submission type by marking one box: “Initial Submission,” “Revision,” or “5-Year Renewal.”
  2. Enterprise or Individual Data:
    • Provide the name of your enterprise or individual.
    • Enter the physical address, ensuring to include a P.O. Box if applicable.
    • Identify any subsidiary, division, or department, if relevant.
    • Include your CAGE Code, if applicable (mandatory for enterprises).
  3. Data Custodian:
    • Input the name of the data custodian.
    • Provide a primary telephone number, including area code.
    • State the custodian's title.
    • Enter a reliable email address.
  4. Description of Relevant Business Activity: Describe your business activity in detail, explaining how it relates to militarily critical technical data.
  5. Condition of Receiving Data: Confirm your understanding of conditions to receive the data by checking the appropriate boxes related to citizenship/residency and export control regulations.
  6. Contractor Certification: Complete this section by typing your name, title, signing the form, and indicating the date signed.
  7. Certification Action: Leave this section blank as it will be filled out by the Joint Certification Office.

Once the form is complete, print it out, sign it, and prepare to send the original along with necessary documentation, such as your company’s incorporation certificate or business license, to the designated address provided in the instructions. Ensure that each item is accurate to avoid delays in processing your certification.

What You Should Know About This Form

What is the DD Form 2345?

The DD Form 2345 is a document used to certify that a contractor has the right to access militarily critical technical data. This form is required for contractors who are involved in contracts with the U.S. or Canadian government. It verifies the legitimacy of the applicant and ensures compliance with export control laws.

Who needs to fill out the DD Form 2345?

Any enterprise or individual who seeks access to militarily critical technical data for bidding or performing contracts with the U.S. or Canadian government must complete this form. This includes companies and individuals involved in defense-related industries.

How do I submit the DD Form 2345?

After completing the form, mail the original along with a copy of your company’s incorporation certificate, business license, or sales tax identification form to the U.S./Canada Joint Certification Office at the address specified on the form.

What documentation do I need to include with my submission?

You must include a copy of your company’s incorporation certificate, a state or provincial business license, a sales tax identification form, or other acceptable documentation that verifies the legitimacy of your company when submitting the DD Form 2345.

What happens after I submit the DD Form 2345?

Once submitted, your DS Form 2345 will be reviewed by the U.S./Canada Joint Certification Office. If accepted, a Certification Number will be assigned to your enterprise or individual. This certification allows you to access militarily critical technical data for a period of five years.

Can I revise my submission?

Yes, if you need to make changes to a previously accepted submission, you should mark the "REVISION" box on the form, specify the changes, and include your current Certification Number in the appropriate section.

What if my certification is revoked?

If your certification has been revoked, you will no longer have the authority to access militarily critical technical data. You must either submit a revised certification or return all data obtained under that agreement to the designated data controlling offices.

What is the role of the Data Custodian?

The Data Custodian is the individual responsible for managing and safeguarding access to the militarily critical technical data on behalf of the contractor. This person must have the proper citizenship or residency status as outlined in the form.

How long is the certification valid?

The certification is valid for five years from the date of acceptance unless it is revoked earlier. It is essential to track the expiration date and renew the certification as needed to maintain access to the technical data.

What are the consequences of providing false information on the DD Form 2345?

Providing false or misleading information can lead to severe penalties, including fines or imprisonment. It is essential to ensure that all information included in the form is accurate and complete to avoid legal repercussions.

Common mistakes

Filling out the DD 2345 form, which is essential for accessing militarily critical technical data, can often come with challenges. Many individuals and enterprises make common mistakes that can lead to delays or even rejection of their application. One significant error is failing to mark the correct type of submission. It’s vital to choose among initial submission, revision, or a 5-year renewal. Missing this selection may result in unnecessary complications.

Another frequent mistake is not providing complete and accurate contact information for the data custodian. This section requires not just a name but also a telephone number, title, and e-mail address. Omitting any of these details can hinder communication and delay the certification process. Getting this right is essential for effective follow-up by the U.S./Canada Joint Certification Office.

Some applicants overlook the importance of describing their relevant business activities in sufficient detail. Merely stating a vague business description won't suffice. A detailed explanation allows the certifying agency to understand how the requested data aligns with the applicant's operations. Providing a well-rounded account of activities strengthens the application's credibility.

Another mistake relates to citizenship and residency status certifications. Individuals must ensure they meet the requirements, which differ based on whether the organization is located in the U.S. or Canada. Failing to confirm this can lead to disqualification. The designated custodian must be either a U.S. citizen or a legal resident if the entity is based in the United States.

Proper signatures are crucial, and this requirement is often overlooked. For an individual, their signature is necessary, while a corporate entity must have the signature from someone who can legally bind the organization. Digital signatures are not acceptable. This key detail cannot be understated—an unsigned form or a form with an invalid signature can render the application void.

Always ensure to attach the required documentation as specified on the form. Many applicants forget to include business licenses, incorporation certificates, or other proofs of legitimacy. Incomplete submissions will not be accepted or processed, making it essential to double-check what documents are needed.

Another common mistake is neglecting to include a current Certification Number when revising or renewing an application. If the "REVISION" or "5-YEAR RENEWAL" box is checked, entering the existing Certification Number is mandatory. Forgetting this might result in your form being considered incomplete.

Be cautious about providing inaccurate information in the certification section. It's critical that all facts about the enterprise are true and current. Providing false information, whether intentional or not, has serious consequences, including potential fines or imprisonment. Hence, double-check facts before submitting the form.

Finally, consider the deadlines for submission. Waiting until the last minute is a risky strategy. The processing time can vary and unforeseen issues may arise. Submitting early ensures there's ample time to address any issues that may be detected. Taking proactive steps can make the entire process smoother and more efficient.

Documents used along the form

The DD Form 2345 is a crucial document for organizations seeking access to militarily critical technical data. However, several other forms and documents are often required or recommended to be submitted simultaneously. Understanding these supplementary documents can streamline the certification process and ensure compliance with U.S. export control laws.

  • Incorporation Certificate: This document verifies the legal formation of a company. It typically includes details such as the company's name, incorporation date, and registered address. This certificate confirms the legitimacy of the entity requesting the DD Form 2345.
  • State/Provincial Business License: Obtaining this license is often a prerequisite for operating legally within a specific state or province. It provides proof that a business has fulfilled local regulations and is authorized to conduct commerce.
  • Sales Tax Identification Form: This form allows businesses to collect sales tax on behalf of their state or local government. Submitting it demonstrates compliance with tax laws and signifies a level of financial responsibility.
  • Export License (if applicable): In cases where the technical data is subject to export control regulations, an export license permits the transfer of sensitive information across borders. It is critical for compliance with both U.S. and Canadian laws regarding the distribution of militarily critical technical data.
  • Non-Disclosure Agreement (NDA): An NDA is often put in place to legally protect sensitive information shared between parties. This document establishes confidentiality obligations and helps maintain the integrity of proprietary data.

In submitting the DD Form 2345, coupled with these additional documents, organizations reinforce their commitment to adhering to legal standards. This multifaceted approach aids in the assessment of the business's eligibility to access the necessary technical data.

Similar forms

  • DD Form 250 - This form is used to document the delivery of supplies, services, or equipment. Similar to the DD Form 2345, which certifies the need for access to specific technical data, the DD Form 250 serves as a formal record of what has been received or delivered in relation to a contract.
  • DD Form 441 - Known as the "Contractor's Certification of Compliance," this document provides a statement from contractors confirming they meet certain compliance requirements. It parallels the DD Form 2345’s focus on verifying credentials before granting access to sensitive information.
  • SF 3881 - The "Direct Deposit Sign-Up Form" also requires verification of the business’s legitimacy. Like the DD Form 2345, which necessitates proof of a company’s incorporation or licensing, the SF 3881 must be completed to confirm the organization’s legitimacy for financial transactions.
  • DD Form 1634 - This document is used to request the transfer of military property from one entity to another. The connection with DD Form 2345 lies in both forms facilitating the appropriate management and distribution of valuable resources, whether they be technical data or physical property.
  • SF 126 - The "Preaward Survey for Contracts" form assesses a contractor's financial and technical capability to take on a government contract. Much like the certification process in the DD Form 2345, it verifies that the contractor is equipped to handle sensitive information and fulfill contract obligations.
  • DD Form 2789 - This form is a request for the release of personally identifiable information. Similar to the DD Form 2345, it demands that the requester certifies their need for access and that all involved parties comply with specific regulations regarding data privacy and control.

Dos and Don'ts

When filling out the DD 2345 form, it is essential to adhere to specific guidelines to ensure accuracy and compliance. Below is a list of important dos and don’ts that may assist in the completion of the form.

  • Do select only one type of submission: Initial Submission, Revision, or 5-Year Renewal.
  • Do provide accurate and complete information for the enterprise or individual, including the full name and physical address.
  • Do ensure that the designated data custodian is a citizen or lawfully admitted resident, as required by the form.
  • Do describe relevant business activities in sufficient detail to justify access to militarily critical technical data.
  • Do include the original form along with verification documents, such as an incorporation certificate or business license, when submitting.
  • Don’t leave any sections of the form blank; incomplete submissions can delay processing.
  • Don’t use digital signatures; a handwritten signature is mandatory for compliance.
  • Don’t assume that a separate submission is required for each subsidiary, unless they have unique CAGE Codes.
  • Don’t submit false or misleading information; doing so can lead to penalties under federal regulations.

By following these do's and don'ts, individuals and organizations can facilitate the process of obtaining certification while ensuring compliance with relevant regulations.

Misconceptions

  • Misconception 1: The DD Form 2345 is only needed for government contracts.

    This form is necessary not only for bidding on government contracts but also for legitimate business activities that require access to militarily critical technical data.

  • Misconception 2: You can submit the form electronically.

    The submission process requires mailing the original completed form along with documentation. Electronic submissions are not accepted.

  • Misconception 3: Only U.S. companies need to fill out this form.

    Canadian companies seeking access to U.S. militarily critical technical data must also complete the DD Form 2345.

  • Misconception 4: The form is only for large enterprises.

    Individuals and small businesses can and should complete this form if they require access to critical technical data.

  • Misconception 5: A permanent address is optional.

    A physical address is mandatory. All entries must include the full mailing address or P.O. Box if applicable.

  • Misconception 6: Certification is indefinite once granted.

    Certification is valid for only five years and must be renewed. Failure to renew may result in loss of access rights.

  • Misconception 7: Data access is unrestricted after certification.

    Access to militarily critical technical data is limited. Only designated individuals may have access, and strict compliance with regulations is required to avoid penalties.

Key takeaways

  • The DD Form 2345 is essential for those seeking access to militarily critical technical data. It serves as a certification that an entity is eligible to receive such information.

  • Before filling out the form, ensure you have all required documentation, including a company incorporation certificate or other legitimacy verification documents.

  • Clearly indicate the type of submission by marking one of the three options: initial submission, revision, or 5-year renewal. This helps streamline the process.

  • Provide accurate details about the enterprise or individual submitting the form, including a CAGE code if applicable. This code is mandatory for enterprises.

  • Designate a data custodian who will handle the militarily critical technical data. This individual must be a citizen or lawful resident of the U.S. or Canada.

  • Include a detailed description of the relevant business activities. The clarity of this information can significantly impact the approval of your certification.

  • When certifying, acknowledge all responsibilities under applicable U.S. or Canadian export control laws. Understanding these obligations is crucial to maintaining compliance.

  • Once the certification is accepted, you will receive a certification number. Be sure to include this number in all future requests for technical data.