National Archives Issues New, But Limited, CUI Contract Guidance

The Information Security Oversight Office within the National Archives and Records Administration recently issued guidance for all non-executive branch entities (such as elements of the legislative or judicial branches of the Federal Government; state, tribal or local government elements; and private organizations including contractors) concerning controlled unclassified information. Specifically, the ISOO issued CUI Notice 2018-01, which provides CUI guidance regarding information sharing agreements with non-executive branch entities (herein “IS agreements”) that are not governed by the forthcoming CUI Federal Acquisition Regulation Clause. Examples of applicable IS agreements include certain contracts, grants, licenses, memoranda of understanding, and information-sharing arrangements. The ISOO guidance provides both mandatory and recommended language for inclusion in IS agreements.

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