On June 3, 2020, ISOO issued CUI Notice 2020-03. This notice provides an optional Controlled Unclassified Information (CUI) non-disclosure agreement (NDA) template for executive branch agency use. Executive branch agencies may use the template when they determine that a CUI NDA is appropriate. The template is optional, and agencies can modify it if needed. A list of all CUI Notices can be found here
Would the actual NDA be considered CUI since it will reference the CUI material? Thanks.
Thanks for the question. The actual NDA would most-likely not be CUI. For information to be marked and safeguarded as CUI it must fall into one of the categories of CUI listed on the CUI Registry <https://www.archives.gov/cui/registry/category-list> and be subject to controls authorized in the law, regulation, or government-wide policy cited in the registry. The reference alone is unlikely to make the information CUI.
I think the NDA asks them to list the categories of CUI, not the specific information. Listing categories of CUI wouldn’t be CUI, right?
Correct
Thanks for posting the template.
The attachment can be found on our policy and guidance page: https://www.archives.gov/cui/registry/policy-guidance