How to complete the militarily critical technical data agreement form

To apply for certification by the Joint Certification Program, you must complete the militarily critical technical data agreement—DD form 2345.

Complete the form

You may complete the form:

With either choice, you must sign the form by hand. Digital signatures are not accepted.

Review the form

Consult the instructions for completing DD form 2345.

Submit the form

  1. With your form, include a copy of any of the following supporting documents as verification:
    • incorporation certificate or articles of incorporation
    • provincial or municipal business licence
    • other business documentation that verifies the legitimacy of the organization

    The document you choose must display:

    • the legal name of the company
    • the address you provided on the completed DD form 2345
  2. Send the original signed form (not a copy) and supporting documents to the mailing address listed on the form. Email and fax submissions are not accepted.

Detailed instructions

Certification is site specific. Military critical technical data transferred to a certified contractor is only provided to the certified location shown in the agreement form.

You must submit an agreement form for each company address that:

Item 1—Type of submission (check only one box)

  1. Initial submission: check here if this is your first request to be certified under the Joint Certification Program
  2. Revision: check here if you are amending a previously approved submission and providing revised information, such as addresses or business description
  3. Five-year renewal: check here only if nothing on the form has changed since the last submission

If you select the "revision" or " five-year renewal" box, enter your current certification number in item 7b—Certification action.

Item 2—Enterprise or individual data

  1. Name
    • For companies: enter the full legal name of the corporate parent or institution
    • For an individual: enter your full name (surname, name and middle name(s))
  2. Address: enter the mailing address for the physical location of the company or individual. If a postal box is used for mailing purposes, also enter its complete address separately
  3. Name of subsidiary/division/department: enter the name of each corporate subsidiary (include legal name) or division that is to receive military critical technical data
    • subsidiaries must be certified separately if not established at the same location as the parent company
    • write "not applicable" if this section does not apply to you
  4. Commercial and governmental entity code: Canadian contractors must include their NATO Commercial and Governmental Entity Code (NCAGE code) here

How to get a North American Treaty Organization Commercial and Government Entity Code

All companies must get a NCAGE Code (or a CAGE code for American contractors) before submitting the form to the Joint Certification Program. You can:

Item 3—Data custodian

Companies or individuals applying for certification must designate a person by name to act as their data custodian. This person will be responsible for receiving and disseminating any military critical technical data transferred to the certified contractor under the provisions of the Joint Certification Program. They will also act as the main point of contact between your company and the program.

For this item, provide contact information where your designated data custodian will receive military critical technical data and be responsible for its dissemination. This includes:

Item 4—Description of relevant business activity

Provide a detailed description of your business activity as described in item 4, "Specific Instructions" (attached to the form). This will provide the Canadian or American government agency controlling the data to determine whether the military critical technical data that you might request is related to your stated business activity.

Note:

Proprietary or other sensitive information should not be included in the statement as the information entered on the form will be publicly available.

Item 5—Conditions

By signing the form, you are agreeing to the conditions—as listed in this section—for receiving military critical technical data controlled by the Department of National Defence in Canada and the United States Department of Defense. You must certify that you will:

  1. appoint a data custodian in (as listed in item 3 of this form) who is either a Canadian or a United States citizen or a person admitted lawfully for permanent residence into Canada
    • If the location of your organization is in the United States, the individual named in item 3 must be a United States citizen or a person admitted lawfully for permanent residence into the United States
  2. use data only in ways mandated by the Directive 5230.25 of the Department of Defense or the Technical Data Control Regulations
    • You must certify that you need the military critical technical data to bid on or perform a contract with an agency of the United States or Canadian government or for other legitimate business purposes
    • Other legitimate business purposes include:
      • providing or seeking to provide equipment or technology to a foreign government with the prior approval of the Canadian or United States government, as applicable
      • bidding or preparing to bid on a sale of surplus property
      • selling or producing products for the Canadian or United States commercial domestic marketplace, or for the commercial foreign marketplace, providing that any required export licence is obtained from the appropriate Canadian or United States licensing authority
      • engaging in scientific research in a professional capacity for either of the two defence establishments—the Department of National Defence in Canada and the United States Department of Defense
      • acting as a subcontractor for any of the purposes listed above
  3. adhere to, and not violate, applicable export control laws and regulations both in Canada and in the United States
  4. limit access to the military critical technical data only to your employees or eligible persons
    • You agree not to publicly disclose any technical data you receive under the agreement, unless specifically authorized by the controlling office, and to limit access to the data to individuals employed at your facility. These employees must meet the following citizenship requirements
      • Canadian or United States citizens or permanent residents of Canada if the facility is located in Canada
      • United States citizens or lawful permanent residents if the facility is located in the United States
  5. certify that employees or eligible persons with access to the military critical technical data have not
    • been debarred, suspended or are otherwise ineligible to perform Canadian or American government contracts
    • violated Canadian or American export control laws and regulations
  6. certify that your organization has not
    • been debarred, suspended or otherwise ineligible from performing on Canadian or American government contracts
    • violated or contravened any Canadian or American export control laws or regulations

Item 6—Contractor certification

  1. Typed name
    • If item 2—Enterprise or individual data: identifies an individual, that individual must print or type their name here
    • If item 2—Enterprise or individual data: identifies an institution or a corporate entity, a person who can legally obligate the enterprise to a contract must print or type their name here
  2. Title
    • If item 2—Enterprise or individual data: identifies an individual, that individual must indicate their title here
    • If item 2—Enterprise or individual data: identifies an institution or a corporate entity, a person who can legally obligate the enterprise to a contract must list their title here
  3. Signature
    • If item 2—Enterprise or individual data: identifies an individual, that individual must sign their name
    • If item 2—Enterprise or individual data: identifies an institution or a corporate entity, a person who can legally obligate the enterprise to a contract must sign their name

    Digital signatures are not accepted

  4. Date signed: enter the date that you sign the form.

    Note:

    If a contractor violates the provisions of the agreement, the contractor's eligibility for access to military critical technical data may be revoked. A contractor's eligibility for access may be reinstated when the basis for the revocation has been remedied. If a contractor exports the technical data without the benefit of license or other authorization, it may be in violation of export control laws and subject to severe criminal penalties. A contractor violating the provisions of the agreement may be subject to prosecution by the contracting authority.

Item 7—Certification action

The rest of this section is completed by the Joint Certification Program.

Item 8—Department of Defense official

To be completed by an official from the United States Department of Defense.

Item 9—Canadian official

To be completed by an official from Public Services and Procurement Canada.

Date modified: