Although not directly bound by this EO, since it binds government agencies, the contractor is bound secondarily since it supports those government agencies bound directly, develops information for them, and maintains their information property on contractor information systems. The following is a list of orders and regulations that a DoD Contractor may be bound to comply with:Įxecutive Order 13556 - Controlled Unclassified Information – this EO establishes an open and uniform program for the management of information requiring safeguarding and dissemination controls. Under this program, the DoD contractor is bound by several separate entities, orders, regulations, and publications. The CUI program is a requirement to standardize the manner used to handle unclassified information requiring protection. Another way of stating this is that CUI deals with information that is already required to be protected as defined by a previously set rule, i.e., the information already required protection regardless of any subsequent CUI marking. Given this, unless a specific law, regulation or government-wide policy requires certain information to have safeguarding or disseminating controls, the information is not CUI.
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Per the National Archives and Records Administration (NARA), CUI is information that requires safeguarding or dissemination controls pursuant to and consistent with applicable law, regulations, and government-wide policies but is not classified under Executive Order 13526 or the Atomic Energy Act, as amended.
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As we prepare for the release of the DoD Cybersecurity Maturity Model Certification (CMMC) in January of 2020 it’s helpful to refresh our memories concerning the steps that have led to its issuance, so let’s talk about Controlled Unclassified Information (CUI)…