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Terrorist Countries and the Provision of the Law
252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL
BY THE GOVERNMENT OF A TERRORIST COUNTRY (SEP 1994)
(a) Definitions.
As used in this provision--
(1) "Government of a terrorist country" includes the state and the
government of a terrorist country, as well as any political
subdivision, agency, or instrumentality thereof.
(2) "Terrorist country" means a country determined by the Secretary
of State, under section 6(j)(1)(A) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the
government of which has repeatedly provided support for acts of
international terrorism. As of the date of this provision, terrorist
countries include: Cuba, Iran, Iraq, Libya, North Korea, Sudan, and
Syria.
(3) "Significant interest" means--
(i) Ownership of or beneficial interest in 5 percent or more of the
firm's or subsidiary's securities. Beneficial interest includes holding
5 percent or more of any class of the firm's securities in "nominee
shares," "street names," or some other method of holding securities
that does not disclose the beneficial owner;
(ii) Holding a management position in the firm, such as a director
or officer;
(iii) Ability to control or influence the election, appointment, or
tenure of directors or officers in the firm;
(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, unless a waiver is granted by the Secretary of
Defense.
© 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)
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