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The DD Form 2345 is essential for businesses and individuals seeking access to militarily critical technical data, primarily for the purpose of bidding or performing on contracts with the U.S. or Canadian governments. This agreement certifies that the applicant is a legitimate contractor, fulfilling necessary requirements that include compliance with export control laws. Applicants must provide detailed information about their business, including their name, address, and a description of relevant activities, as well as the name and contact information of an individual who will serve as the data custodian. The form also includes certifications that the individual and their employees have not been disbarred, ensuring that access to critical data is restricted to qualified people only. Additionally, submitting this form initiates a five-year certification period, during which the contractor must remain compliant with the outlined responsibilities. All completed forms must be sent to the U.S./Canada Joint Certification Office, along with documents verifying the legitimacy of the enterprise or individual. Understanding the intricacies of the DD Form 2345 is crucial for compliance, as any misstep can result in severe penalties, including fines or imprisonment.

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 [email protected]. 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

File Breakdown

Fact Name Description
Purpose The DD Form 2345 is used to certify individuals or enterprises for access to militarily critical technical data.
Governing Body The form is governed by the U.S. Department of Defense (DoD) under DoDD 5230.25 and Canada’s Technical Data Control Regulations (TDCR).
Submission Types It allows for initial submissions, revisions, and five-year renewals of certifications.
Requirements Submit the completed form along with a copy of the company’s incorporation certificate or business license to the U.S./Canada Joint Certification Office.
Certification Validity The certification remains valid for five years, unless revoked earlier for non-compliance with terms.
Data Custodian A designated individual must act as the data custodian for the militarily critical technical data.
Punishment for False Statements Knowingly providing false information on this form can lead to penalties, including fines or imprisonment.

Guide to Using Dd 2345

Completing the DD Form 2345 is a systematic process. This form requires specific information about your enterprise or individual certification. Be thorough in providing accurate and complete information. Following verification, the completed form must be mailed along with relevant documentation to the designated address.

  1. Select the type of submission by marking one of the following: Initial Submission, Revision, or 5-Year Renewal.
  2. Fill in the Enterprise or Individual Data:
    • Enter the name of the enterprise or individual.
    • Provide the physical address, including P.O. Box, if necessary.
    • Include the name of any subsidiary, division, or department.
    • Enter the CAGE Code, which is mandatory for enterprises.
  3. Supply the Data Custodian Information:
    • Enter the name of the data custodian.
    • Provide the primary business telephone number, including the area code.
    • State the title of the data custodian.
    • Include the email address of the data custodian.
  4. Describe the relevant business activity in detail.
  5. Certify conditions for receiving militarily critical technical data:
    • Include citizenship/residency status, and ensure compliance with conditions related to access and eligibility.
    • Acknowledge responsibilities under U.S. and Canadian export control laws, as applicable.
  6. Complete the Contractor Certification section:
    • Type the name of the individual filling out the form.
    • Provide the title of the person certifying the information.
    • Sign the form, as required.
    • Indicate the date of signing.
  7. Leave the Certification Action section blank; this will be completed by the Joint Certification Office.

After completing the form, make sure to attach a copy of your company's incorporation certificate, business license, or any relevant documentation that verifies the legitimacy of your company. Send the original, completed form along with the attachments to the specified address for processing.

Get Answers on Dd 2345

  1. What is the purpose of the DD Form 2345?

    The DD Form 2345 is used to certify that an entity, either an individual or an organization, is qualified to access militarily critical technical data. This certification ensures that only authorized parties can receive sensitive information related to defense contracts and activities.

  2. Who needs to fill out the DD Form 2345?

    Any business or individual seeking access to militarily critical technical data from U.S. or Canadian government agencies must complete this form. This includes contractors and subcontractors working on defense contracts or related projects.

  3. What documentation is required to submit the form?

    Along with the completed DD Form 2345, applicants must submit a copy of documentation that verifies the legitimacy of their business. Acceptable documents include:

    • Incorporation certificate
    • State or provincial business license
    • Sales tax identification form
  4. How long is the certification valid?

    Once approved, the certification is valid for five years. After this period, a renewal submission is required to maintain access to the sensitive data.

  5. What information must be provided about the data custodian?

    The data custodian is the individual responsible for managing the access to the technical data. The form requires the custodian's name, title, business telephone number, and email address. This individual must be a citizen or a lawful permanent resident of the country where the business operates.

  6. What if the information on the form changes?

    If there are any changes to the information submitted, such as address or business activities, a revision of the DD Form 2345 must be submitted. The "Revision" box should be marked on the form along with the current certification number.

  7. Can individuals also apply for certification?

    Yes, individuals can apply for certification. They must complete the form using their full name and personal details. If approved, they will be subject to the same rules and responsibilities as corporations.

  8. What types of data can certified contractors access?

    Certified contractors can access unclassified technical data that is deemed militarily critical. This includes information related to defense contracts and activities that could impact national security.

  9. What happens if a certification is revoked?

    If a certification is revoked, the contractor must cease access to all militarily critical technical data. They are required to either submit a revised certification that complies with the necessary conditions or return any obtained data to the appropriate government office.

Common mistakes

Completing the DD Form 2345 correctly is crucial for ensuring access to militarily critical technical data. However, individuals often make several common mistakes that can lead to delays or denials. One frequent error is not marking the appropriate type of submission. The form requires that users select whether it is an initial submission, a revision, or a renewal. Failing to mark this box can result in the form being rejected.

Another mistake involves providing incomplete or incorrect address information. The form requests the physical address of the enterprise or individual making the certification. If a P.O. Box is used, it is essential to include the street address as well. Incorrect addresses can hinder communication and information flow between the applicant and the reviewing agency, leading to unnecessary setbacks.

A significant oversight is neglecting to include adequate documentation that verifies the legitimacy of the company. The instruction states that a copy of the company’s incorporation certificate, business license, or similar documentation is required. Omitting this essential paperwork makes it difficult for the certification office to process the application effectively.

Individuals frequently misinterpret the description of relevant business activity. This detail should clarify how the request for data relates to the business’s operations. A vague description, such as "provide hydraulic systems," is insufficient. A more accurate statement would explain the specific products or services the business offers and how they connect to the requested data.

Finally, failing to include the proper signatures can invalidate the submission. The person who signed must have the authority to obligate the enterprise to a contract. Digital signatures are not acceptable. If the individual identified in the form does not sign or if the entity does not have an authorized individual sign, the application will be deemed incomplete. It is advisable to double-check that all signatures are affixed properly before submission.

Documents used along the form

The DD Form 2345 is essential for entities seeking access to militarily critical technical data. However, several other forms and documents are often necessary alongside this form to ensure compliance and validation. Below is a list of commonly required documentation for certification.

  • Incorporation Certificate: This document verifies that a business is legally incorporated. It includes important details like the business name and date of incorporation, confirming the legitimacy of the entity.
  • State/Provincial Business License: A license granted by government authorities that allows a business to operate legally in a specific location. This document helps establish official permission for business activities.
  • Sales Tax Identification Form: This form registers a business for collecting sales tax from customers. It serves as proof that the business is recognized and compliant with tax regulations.
  • Export License: For companies needing to send goods or data outside of the United States or Canada, this license is crucial. It provides authorization based on compliance with export control laws.
  • Business Activity Description: A concise statement outlining the nature of the business operations. This description allows the U.S. or Canadian Government to assess whether the requested technical data aligns with the business’s activities.

Each of these documents plays a vital role in the certification process, ensuring that contractors are adequately vetted and authorized to access militarily critical technical data. Be mindful of your submission as it directly impacts compliance and operational success.

Similar forms

  • DD Form 254 - This document is similar to the DD 2345 in that it provides contractors with information about the classification of the work they are conducting. The DD 254 outlines the security requirements for handling classified information. Like the DD 2345, it is meant to ensure that sensitive data is adequately protected, emphasizing contractor compliance with U.S. security regulations.

  • SF 1442 - The Standard Form 1442 is similar because it pertains to solicitations for construction projects that could involve government contracts. This form requires the contractor to disclose their capability to perform on a contract, ensuring they meet necessary qualifications, akin to how DD 2345 verifies an entity's legitimacy before receiving specific technical data.

  • DD Form 1707 - This form requests explicit authorization to access unclassified data. It parallels the DD 2345 in establishing conditions under which data can be shared. Both forms aim to safeguard sensitive information by ensuring that recipients are properly vetted and aware of control regulations governing the data they will handle.

  • DD Form 1692 - This agreement pertains to the acceptance of government contracts and focuses on properly certifying contractors who will be working on federal projects. Like the DD 2345, it is a certification mechanism that helps ensure contractors are legally and operationally qualified to handle specific types of work and data.

Dos and Don'ts

When filling out the DD Form 2345, attention to detail is crucial. Here are nine important do's and don'ts to keep in mind:

  • Do mark only one type of submission at the top: initial, revision, or five-year renewal.
  • Don't forget to include your current Certification Number if you are submitting a revision or renewal.
  • Do provide a complete physical mailing address, including the street address, if a P.O. Box is used.
  • Don't include digital signatures, as only handwritten signatures are acceptable for individuals or authorized representatives.
  • Do ensure the designated data custodian is a U.S. or Canadian citizen or a permanent resident.
  • Don't skip describing your business activity in detail; vague statements will not be accepted.
  • Do review all certifications carefully, as false statements can lead to severe penalties.
  • Don't omit any required documentation like your company’s incorporation certificate or business license.
  • Do make sure the application is complete and accurate before mailing to avoid delays.

Misconceptions

  • Myth 1: The DD Form 2345 is only for businesses operating in the defense industry.

    This form is actually used by any enterprise or individual seeking access to militarily critical technical data, not just those within the defense sector.

  • Myth 2: Only U.S. companies can use the DD Form 2345.

    Both U.S. and Canadian enterprises are eligible to submit this form to access critical data, provided they meet specific conditions outlined in the form.

  • Myth 3: Once submitted, the form never needs updating.

    Businesses must update their submission if there are changes in ownership, addresses, or any relevant business activity. A revision or renewal may be necessary.

  • Myth 4: Digital signatures are acceptable on the DD Form 2345.

    Only physical signatures are valid for this form. Digital signatures are not permitted, irrespective of the circumstances.

  • Myth 5: The certification lasts indefinitely.

    Acceptance of the DD Form 2345 is valid for five years, after which the business must renew its certification or risk losing access to the data.

  • Myth 6: Completion of the form guarantees immediate access to technical data.

    While the form allows for access requests, it does not automatically grant permission. Each request must still be evaluated by the relevant authorities.

  • Myth 7: Only one person can be designated as the data custodian.

    While one primary custodian is required, businesses can appoint multiple personnel as eligible persons to access the data under certain conditions.

  • Myth 8: The DD Form 2345 can be filed without supporting documents.

    Along with the completed form, companies must also submit verification documents, such as incorporation certificates or business licenses to validate their legitimacy.

  • Myth 9: Individuals completing the form do not need to disclose their background.

    The form requires information about the citizenship or residency status of the individual acting as the data custodian, underscoring the importance of due diligence and compliance with regulatory requirements.

Key takeaways

The DD 2345 form is a crucial document for businesses and individuals seeking access to militarily critical technical data. Below are key takeaways about completing and utilizing this form effectively:

  1. Understand the Purpose: The form is necessary for obtaining access to sensitive technical information that is important for national security.
  2. Submission Types: Be aware that you can submit the form as an initial request, a revision, or a 5-year renewal. Mark the appropriate box based on your situation.
  3. Required Documentation: Include a copy of your company’s incorporation certificate or any other valid business documentation when sending your form.
  4. Complete the Certification: Ensure that all sections requiring certification are accurately filled. Any false statements can lead to severe penalties.
  5. CAGE Code: For enterprises, a Commercial and Government Entity (CAGE) code is mandatory. Make sure this code is included to avoid delays.
  6. Designate a Data Custodian: Choose a responsible individual who will manage access to the data. This person must be a citizen or lawful resident of the appropriate country.
  7. Business Activity Description: Clearly describe your business activities. This helps the government assess the relevance of the technical data you are seeking.
  8. Review Before Submission: Double-check your form for completeness. An incomplete submission can lead to rejection or further delay.
  9. Keep Records: Store a copy of your submitted form and any supporting documents safely. You may need to reference them in the future.
  10. Expiration Awareness: Remember that the certification will expire after five years. Plan to submit a renewal for continued access.

By keeping these points in mind, you'll enhance your understanding of the DD 2345 form, ensuring a smoother process for accessing critical technical data. Strategic attention to detail can save time and facilitate important business transactions.