Use the following clause in solicitations and contracts for the acquisition of commercial satellite services, including solicitation and contracts using FAR part 12 procedures for the acquisition of commercial items.
PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELLITE SERVICES (DEVIATION 2021-O0006)(JUNE 2021)
(a) Definitions. As used in this clause—
“Covered foreign country” means—
(i) The People’s Republic of China;
(ii) North Korea;
(iii) The Russian Federation; or
(iv) Any country that is a state sponsor of terrorism. (10 U.S.C. 2279)
“Foreign entity” means—
(i) Any branch, partnership, group or sub-group, association, estate, trust, corporation or division of a corporation, or organization organized under the laws of a foreign state if either its principal place of business is outside the United States or its equity securities are primarily traded on one or more foreign exchanges.
(ii) Notwithstanding paragraph (i) of this definition, any branch, partnership, group or sub-group, association, estate, trust, corporation or division of a corporation, or organization that demonstrates that a majority of the equity interest in such entity is ultimately owned by U.S. nationals is not a foreign entity. (31 CFR 800.212)
“Government of a covered foreign country” includes the state and the government of a covered foreign country, as well as any political subdivision, agency, or instrumentality thereof.
“Launch vehicle” means a fully integrated space launch vehicle. (10 U.S.C. 2279)
“Satellite services” means communications capabilities that utilize an on-orbit satellite for transmitting the signal from one location to another.
“State sponsor of terrorism” means a country determined by the Secretary of State, under section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (Title XVII, Subtitle B, of the National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232)], to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, state
sponsors of terrorism include: Iran, North Korea, and Syria. (10 U.S.C. 2327)
(b) Limitation. Unless specified in its offer, the Contractor shall not provide satellite services under this contract that—
(1) Are from a covered foreign country; or
(2) Except as provided in paragraph (c), use satellites that will be-
(i) Designed or manufactured—
(A) In a covered foreign country; or
(B) By an entity controlled in whole or in part by, or acting on behalf of, the government of a covered foreign country; or
(ii) Launched outside the United States using a launch vehicle that is designed or manufactured—
(A) In a covered foreign country; or
(B) Provided by—
(1) The government of a covered foreign country; or
(2) An entity controlled in whole or in part by, or acting on behalf of, the government of a covered foreign country.
(c) Exception. The limitation in paragraph (b)(2) shall not apply with respect to—
(1) A launch that occurs prior to December 31, 2022; or
(2) A satellite service provider that has a contract or other agreement relating to launch services that, prior to June 10, 2018, was either fully paid for by the satellite service provider or covered by a legally binding commitment of the satellite service provider to pay for such services.
(End of clause)
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