New SF-328 Released and Embedded Guidance Seeks More Information Up Front
Client Alert | 26 min read | 05.16.25
On May 12, 2025, the Defense Counterintelligence and Security Agency (DCSA) released a new SF-328[1] consisting of 9 questions and 6 pages of instructions that detail the types of supporting documentation requested and identify information required by different responding entities (e.g., corporate, non-profit, academic, etc.). With this SF-328, DCSA is seeking certain frequently requested information and documents with initial SF-328 submissions rather than obtaining these documents through communications or revised SF-328 submissions. Additionally, when completed, the new SF-328 is considered Controlled Unclassified Information (CUI).
The form now consists of 9 questions rather than 10 as shown below[2]:
May 2025 SF-328
November 2018 SF-328
The new SF-328 expressly states that the form is authorized for use in the National Industrial Security Program, to carry out Section 847 of the 2020 NDAA[3], the DoD Enhanced Security Program, the DoD Small Business Innovation Research and Small Business Technology Transfer (SBIR/STTR) programs, and the DoD Cybersecurity Maturity Model Certification (CMMC) program. The form also acknowledges that applicable Freedom of Information Act (FOIA) exemptions will be invoked by the government to withhold the document from public disclosure when submitted by an entity in confidence and properly marked.
Key Takeaways
Cleared entities and entities that otherwise are required to submit SF-328s should consider:
- reviewing the new SF-328 to evaluate whether the company or entity has undergone changes requiring reporting under the new form and guidance; and
- beginning updates to SF-328s or initial preparations of SF-328s early, including identifying all company or entity stakeholders under the new SF-328 guidance.
Crowell is available to support preparation of the new SF-328 and related filings and further discuss questions concerning the new form.
Contacts
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Industrial Security Analyst | Facility Security Officer
Insights
Client Alert | 3 min read | 06.26.25
FDA Targets Gene Editing Clinical Trials in China and other “Hostile Countries”
In a somewhat ambiguous press release on Wednesday, June 18, 2025, the Food and Drug Administration (FDA) announced a halt and “immediate review” of new clinical trials where American patients’ cells are sent to China or other “hostile countries” for genetic engineering with the expectation that the cells will be infused back into U.S. patients.[1] A subsequent podcast published by the agency also said that therapies that involved cells that were sent to China for genetic engineering and intended for subsequent infusion into U.S. patients would not be approved going forward. The announcement said that there is “mounting evidence” that some clinical researchers failed to obtain informed consent from trial participants about the international transfer and manipulation of biological material.
Client Alert | 3 min read | 06.26.25
Client Alert | 4 min read | 06.26.25
Ninth Circuit Affirms that CIPA Only Applies to Third-Party Eavesdropping
Client Alert | 4 min read | 06.24.25
CBP Issues First Comprehensive Guide to Modifying a Withhold Release Order (WRO)
