252.209-7001  Disclosure of Ownership or Control by the Government of a Terrorist Country.

As prescribed in 209.104-70(a), use the following provision:

DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (JAN 2009)

(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 subject to this provision include:  Cuba, Iran, 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 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)