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DOD Counterfeit Prevention Policy

DOD Instruction (DODI) No. 4140.67

On April 26, 2013 — ten months after the date required by Section 818 — the Pentagon released DOD Instruction (DODI) No. 4140.67, the ‘‘DOD Counterfeit Prevention Policy,’’ which responds to the law’s direction. DODI 4140.67 establishes DOD’s policy and assigns responsibilities necessary to prevent the introduction of ‘‘counterfeit material’’ at ‘‘any level’’ of the DOD supply chain. The DODI extends beyond electronic parts (the focus of Section 818) to all ‘‘materiel,’’ which is defined very broadly, applying to system components and subcomponents as well as to software and information and communications technology (ICT). The new DODI addresses anticounterfeit measures for weapon systems as well as information systems. That counterfeit materiel avoidance policy now extends outside electronic parts and specifically to both software and ICT is a further indication of DOD’s emphasis on areas where cyber security and information assurance concerns interact with counterfeit parts prevention. Going beyond Section 818, which applied to electronic parts and large government contractors, the new DODI applies to any form of at-risk materiel and ‘‘at any level of the DOD supply chain.’’
Source: Robert S. Metzger, Rogers Joseph O’Donnell, P.C.