Common use of Access Control Plan/Technology Control Plan (ACP/TCP) Clause in Contracts

Access Control Plan/Technology Control Plan (ACP/TCP). It is your responsibility to comply with export control laws and regulations as well as contractual requirements and to prevent unauthorized disclosures (including visual disclosures) of export-controlled articles, items, and technical data. If the work you perform for EB requires or will require access to EB proprietary data, militarily critical technology and/or export-controlled technical data, you are required to have in place a formal, written Access Control Plan/Technology Control Plan suitable to your organization. This includes policies and procedures for controlling disclosure of information to your employees, visitors, subcontractors, etc. who are not “U.S. Persons” (as defined in the International Traffic in Arms Regulations (“ITAR”)) with a “need to know” and, for the more stringent control requirements for Naval Nuclear Propulsion Information (NNPI), those who are not “U.S. citizens” with a “need to know” for performance of the work under this Purchase Order (refer to the NNPI restrictions in these terms and conditions and OPNAVINST N9210.3 for control of NNPI). If access to NNPI is required, the clause herein entitled Protection of Naval Nuclear Propulsion Information requires that you have such safeguards, policies, and procedures. Unless specific prior written EB and EB Customer approval has been requested by Seller and granted, no person (including one of your own employees) or entity is to be given access to militarily critical technology or technical data, including NNPI, if they are debarred, suspended, proposed for debarment, or otherwise ineligible to perform on U.S. or Canadian Government contracts or has violated U.S. export control laws. You may not provide access to EB proprietary data, militarily critical technology and/or technical data, or NNPI to persons other than your otherwise eligible employees or other eligible persons designated by you to act on your behalf unless such access is permitted by U.S. DoD Directive 5230.25, by the cognizant U.S. Government Agency, or written authorization by EB. An ACP/TCP is a your written documented plan developed to prevent the unauthorized export or disclosure of technical data, regardless of whether in the U.S. or abroad, to unauthorized U.S. citizens, and to any foreign concern, foreign interest, foreign national, or their representatives (U.S. citizens or otherwise), including those who are your own agents or employees. An ACP/TCP typically includes, but is not limited to, details of your company’s written policies and procedures to control and prevent unauthorized disclosure (including visual disclosure) of export controlled information, technical data, and hardware to other than “U.S. Persons” (as defined in the ITAR), including any of your own employees who are ineligible to receive it. The ACP/TCP should demonstrate your company’s ability to appropriately secure, handle, and safeguard from unauthorized actual, potential or inadvertent release any EB proprietary data as well as any export controlled technical data and hardware to persons and other entities ineligible to receive it, including those made by you, your employees, and lower-tier subcontractors. An ACP/TCP would likely address security measures determined necessary to reasonably prevent the possibility of inadvertent access by non-U.S. citizen employees and visitors to information for which they are not authorized. The ACP/TCP should also prescribe measures designed to assure that access by non-U.S. citizens is strictly limited to only that specific information for which appropriate Federal Government disclosure authorization has been obtained; e.g., an approved export license or technical assistance agreement. Unique badging, escort, segregated work area, security indoctrination schemes, and other measures that are appropriate to your organization should be addressed in your ACP/TCP. NNPI - If you are eligible to receive access to Naval Nuclear Propulsion Information (NNPI) and expect to have a “need to know” for NNPI, an ACP/TCP is required. It should address the more stringent requirements for safeguarding and controlling NNPI identified in OPNAVINST N9210.3; NAVSEA 5252.227-9100, Protection of Naval Nuclear Propulsion Information, and NAVSEA 5252.227-9101, Transmission Abroad of Equipment or Technical Data Relating to the Nuclear Propulsion of Naval Ships.

Access Control Plan/Technology Control Plan (ACP/TCP). It is your responsibility to comply with export control laws and regulations as well as contractual requirements and to prevent unauthorized disclosures (including visual disclosures) of export-controlled articles, items, and technical data. If the work you perform for EB requires or will require access to EB proprietary data, militarily critical technology and/or export-controlled technical data, you are required to have in place a formal, written Access Control Plan/Technology Control Plan suitable to your organization. This includes policies and procedures for controlling disclosure of information to your employees, visitors, subcontractors, etc. who are not “U.S. Persons” (as defined in the International Traffic in Arms Regulations (“ITAR”)) with a “need to know” and, for the more stringent control requirements for Naval Nuclear Propulsion Information (NNPI), those who are not “U.S. citizens” with a “need to know” for performance of the work under this Purchase Order (refer to the NNPI restrictions in these terms and conditions Part II and OPNAVINST N9210.3 for N9210.3for control of NNPI). If access to NNPI is required, the clause herein entitled Protection of Naval Nuclear Propulsion Information requires that you have such safeguards, policies, and procedures. Unless specific prior written EB and EB Customer approval has been requested by Seller and granted, no person (including one of your own employees) or entity is to be given access to militarily critical technology or technical data, including NNPI, if they are debarred, suspended, proposed for debarment, or otherwise ineligible to perform on U.S. or Canadian Government contracts or has violated U.S. export control laws. You may not provide access to EB proprietary data, militarily critical technology and/or technical data, or NNPI to persons other than your otherwise eligible employees or other eligible persons designated by you to act on your behalf unless such access is permitted by U.S. DoD Directive 5230.25, by the cognizant U.S. Government Agency, or written authorization by EB. An ACP/TCP is a your written documented plan developed to prevent the unauthorized export or disclosure of technical data, regardless of whether in the U.S. or abroad, to unauthorized U.S. citizens, and to any foreign concern, foreign interest, foreign national, or their representatives (U.S. citizens or otherwise), including those who are your own agents or employees. An ACP/TCP typically includes, but is not limited to, details of your company’s written policies and procedures to control and prevent unauthorized disclosure (including visual disclosure) of export controlled information, technical data, and hardware to other than “U.S. Persons” (as defined in the ITAR), including any of your own employees who are ineligible to receive it. The ACP/TCP should demonstrate your company’s ability to appropriately secure, handle, and safeguard from unauthorized actual, potential or inadvertent release any EB proprietary data as well as any export controlled technical data and hardware to persons and other entities ineligible to receive it, including those made by you, your employees, and lower-tier subcontractors. An ACP/TCP would likely address security measures determined necessary to reasonably prevent the possibility of inadvertent access by non-U.S. citizen employees and visitors to information for which they are not authorized. The ACP/TCP should also prescribe measures designed to assure that access by non-U.S. citizens is strictly limited to only that specific information for which appropriate Federal Government disclosure authorization has been obtained; e.g., an approved export license or technical assistance agreement. Unique badging, escort, segregated work area, security indoctrination schemes, and other measures that are appropriate to your organization should be addressed in your ACP/TCP. NNPI - If you are eligible to receive access to Naval Nuclear Propulsion Information (NNPI) and expect to have a “need to know” for NNPI, an ACP/TCP is required. It should address the more stringent requirements for safeguarding and controlling NNPI identified in OPNAVINST N9210.3; NAVSEA 5252.227-9100, Protection of Naval Nuclear Propulsion Information, and NAVSEA 5252.227-9101, Transmission Abroad of Equipment or Technical Data Relating to the Nuclear Propulsion of Naval Ships.

Access Control Plan/Technology Control Plan (ACP/TCP). It is your responsibility to comply with export control laws and regulations as well as contractual requirements and to prevent unauthorized disclosures (including visual disclosures) of export-controlled articles, items, and technical data. If the work you perform for EB requires or will require access to EB proprietary data, militarily critical technology and/or export-controlled technical data, you are required to have in place a formal, written Access Control Plan/Technology Control Plan suitable to your organization. This includes policies and procedures for controlling disclosure of information to your employees, visitors, subcontractors, etc. who are not “U.S. Persons” (as defined in the International Traffic in Arms Regulations (“ITAR”)) with a “need to know” and, for the more stringent control requirements for Naval Nuclear Propulsion Information (NNPI), those who are not “U.S. citizens” with a “need to know” for performance of the work under this Purchase Order (refer to the NNPI restrictions in these terms and conditions Part II and OPNAVINST N9210.3 for control of NNPI). If access to NNPI is required, the clause herein entitled Protection of Naval Nuclear Propulsion Information requires that you have such safeguards, policies, and procedures. Unless specific prior written EB and EB Customer approval has been requested by Seller and granted, no person (including one of your own employees) or entity is to be given access to militarily critical technology or technical data, including NNPI, if they are debarred, suspended, proposed for debarment, or otherwise ineligible to perform on U.S. or Canadian Government contracts or has violated U.S. export control laws. You may not provide access to EB proprietary data, militarily critical technology and/or technical data, or NNPI to persons other than your otherwise eligible employees or other eligible persons designated by you to act on your behalf unless such access is permitted by U.S. DoD Directive 5230.25, by the cognizant U.S. Government Agency, or written authorization by EB. An ACP/TCP is a your written documented plan developed to prevent the unauthorized export or disclosure of technical data, regardless of whether in the U.S. or abroad, to unauthorized U.S. citizens, and to any foreign concern, foreign interest, foreign national, or their representatives (U.S. citizens or otherwise), including those who are your own agents or employees. An ACP/TCP typically includes, but is not limited to, details of your company’s written policies and procedures to control and prevent unauthorized disclosure (including visual disclosure) of export controlled information, technical data, and hardware to other than “U.S. Persons” (as defined in the ITAR), including any of your own employees who are ineligible to receive it. The ACP/TCP should demonstrate your company’s ability to appropriately secure, handle, and safeguard from unauthorized actual, potential or inadvertent release any EB proprietary data as well as any export controlled technical data and hardware to persons and other entities ineligible to receive it, including those made by you, your employees, and lower-tier subcontractors. An ACP/TCP would likely address security measures determined necessary to reasonably prevent the possibility of inadvertent access by non-U.S. citizen employees and visitors to information for which they are not authorized. The ACP/TCP should also prescribe measures designed to assure that access by non-U.S. citizens is strictly limited to only that specific information for which appropriate Federal Government disclosure authorization has been obtained; e.g., an approved export license or technical assistance agreement. Unique badging, escort, segregated work area, security indoctrination schemes, and other measures that are appropriate to your organization should be addressed in your ACP/TCP. NNPI - If you are eligible to receive access to Naval Nuclear Propulsion Information (NNPI) and expect to have a “need to know” for NNPI, an ACP/TCP is required. It should address the more stringent requirements for safeguarding and controlling NNPI identified in OPNAVINST N9210.3; NAVSEA 5252.227-9100, Protection of Naval Nuclear Propulsion Information, and NAVSEA 5252.227-9101, Transmission Abroad of Equipment or Technical Data Relating to the Nuclear Propulsion of Naval Ships.

Access Control Plan/Technology Control Plan (ACP/TCP). It is your responsibility to comply with export control laws and regulations as well as contractual requirements and to prevent unauthorized disclosures (including visual disclosures) of export-controlled articles, items, and technical data. If the work you perform for EB requires or will require access to EB proprietary data, militarily critical technology and/or export-controlled technical data, you are required to have in place a formal, written Access Control Plan/Technology Control Plan suitable to your organization. This includes policies and procedures for controlling disclosure of information to your employees, visitors, subcontractors, etc. who are not “U.S. Persons” (as defined in the International Traffic in Arms Regulations (“ITAR”)) with a “need to know” and, for the more stringent control requirements for Naval Nuclear Propulsion Information (NNPI), those who are not “U.S. citizens” with a “need to know” for performance of the work under this Purchase Order (refer to the NNPI restrictions in these terms and conditions and OPNAVINST N9210.3 for control of NNPI). If access to NNPI is required, the clause herein entitled Protection of Naval Nuclear Propulsion Information requires that you have such safeguards, policies, and procedures. Unless specific prior written EB and EB Customer approval has been requested by Seller and granted, no person (including one of your own employees) or entity is to be given access to militarily critical technology or technical data, including NNPI, if they are debarred, suspended, proposed for debarment, or otherwise ineligible to perform on U.S. or Canadian Government contracts or has violated U.S. export control laws. You may not provide access to EB proprietary data, militarily critical technology and/or technical data, or NNPI to persons other than your otherwise eligible employees or other eligible persons designated by you to act on your behalf unless such access is permitted by U.S. DoD Directive 5230.25, by the cognizant U.S. Government Agency, or written authorization by EB. An ACP/TCP is a your written documented plan developed to prevent the unauthorized export or disclosure of technical data, regardless of whether in the U.S. or abroad, to unauthorized U.S. citizens, and to any foreign concern, foreign interest, foreign national, or their representatives (U.S. citizens or otherwise), including those who are your own agents or employees. An ACP/TCP typically includes, but is not limited to, details of your company’s written policies and procedures to control and prevent unauthorized disclosure (including visual disclosure) of export controlled information, technical data, and hardware to other than “U.S. Persons” (as defined in the ITAR), including any of your own employees who are ineligible to receive it. The ACP/TCP should demonstrate your company’s ability to appropriately secure, handle, and safeguard from unauthorized actual, potential or inadvertent release any EB proprietary data as well as any export controlled technical data and hardware to persons and other entities ineligible to receive it, including those made by you, your employees, and lower-tier subcontractors. An ACP/TCP would likely address security measures determined necessary to reasonably prevent the possibility of inadvertent access by non-U.S. citizen employees and visitors to information for which they are not authorized. The ACP/TCP should also prescribe measures designed to assure that access by non-U.S. citizens is strictly limited to only that specific information for which appropriate Federal Government disclosure authorization has been obtained; e.g., an approved export license or technical assistance agreement. Unique badging, escort, segregated work area, security indoctrination schemes, and other measures that are appropriate to your organization should be addressed in your ACP/TCP. NNPI - If you are eligible to receive access to Naval Nuclear Propulsion Information (NNPI) and expect to have a “need to know” for NNPI, an ACP/TCP is required. It should address the more stringent requirements for safeguarding and controlling NNPI identified in OPNAVINST N9210.3N9210.3 ; NAVSEA 5252.227-9100, Protection of Naval Nuclear Propulsion Information, and NAVSEA 5252.227-9101, Transmission Abroad of Equipment or Technical Data Relating to the Nuclear Propulsion of Naval Ships.