Quantcast Disclosure of Ownership or Control by a Foreign Government

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(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings,
real estate, or other tangible assets of the firm; or
(v) Holding 50 percent or more of the indebtedness of a firm.
(b) Prohibition on award. In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or
a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or
subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted
by the Secretary of Defense.
(c) Disclosure. If the government of a terrorist country has a significant interest in the Offeror or a
subsidiary of the Offeror, the Offeror shall disclose such interest in an attachment to its offer. If the
Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist
country has in any firm that owns or controls the subsidiary. The disclosure shall include-
(1) Identification of each government holding a significant interest; and
(2) A description of the significant interest held by each government.
(End of provision)
252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN
GOVERNMENT (SEP 1994)
(a) Definitions. As used in this provision-
(1) "Effectively owned or controlled" means that a foreign government or any entity controlled by a
foreign government has the power, either directly or indirectly, whether exercised or exercisable,
to control the election, appointment, or tenure of the Offeror's officers or a majority of the Offeror's
board of directors by any means, e.g., ownership, contract, or operation of law (or equivalent
power for unincorporated organizations).
(2) "Entity controlled by a foreign government"-
(i) Means-
(A) Any domestic or foreign organization or corporation that is effectively owned or
controlled by a foreign government; or
(B) Any individual acting on behalf of a foreign government.
(ii) Does not include an organization or corporation that is owned, but is not controlled,
either directly or indirectly, by a foreign government if the ownership of that organization or
corporation by that foreign government was effective before October 23, 1992.
(3) "Foreign government" includes the state and the government of any country (other than the
United States and its possessions and trust territories) as well as any political subdivision, agency,
or instrumentality thereof.
29
JUNE 1999





 


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