10-U.S.C.-2410I

10-U.S.C.-2410I

§2410I – Prohibition On Contracting With Entities That Comply With The Secondary Arab Boycott of Israel

Pathway

Title 10 > Subtitle A > Part IV > Chapter 141 > Section 2410i

Details

  • Reference: Section 2410i
  • Legend: §2410I – Prohibition On Contracting With Entities That Comply With The Secondary Arab Boycott of Israel
  • USCode Year: 2013

Provision Content

(a) Policy.—Under section 3(5)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2402(5)(A)), it is the policy of the United States to oppose restrictive trade practices or boycotts fostered or imposed by foreign countries against other countries friendly to the United States or against any other United States person.

(b) Prohibition.—(1) Consistent with the policy referred to in subsection (a), the Department of Defense may not award a contract for an amount in excess of the simplified acquisition threshold (as defined in section 134 of title 41) to a foreign entity unless that entity certifies to the Secretary of Defense that it does not comply with the secondary Arab boycott of Israel.

(2) In paragraph (1), the term foreign entity means a foreign person, a foreign company, or any other foreign entity.

(c) Waiver Authority.—The Secretary of Defense may waive the prohibition in subsection (b) in specific instances when the Secretary determines that the waiver is necessary in the national security interests of the United States. Within 15 days after the end of each fiscal year, the Secretary shall submit to Congress a report identifying each contract for which a waiver was granted under this subsection during that fiscal year.

(d) Exceptions.—Subsection (b) does not apply—

(1) to contracts for consumable supplies, provisions, or services that are intended to be used for the support of United States forces or of allied forces in a foreign country; or

(2) to contracts pertaining to the use of any equipment, technology, data, or services for intelligence or classified purposes by the United States Government in the interests of national security or to the acquisition or lease of any such equipment, technology, data, or services by the United States Government in the interests of national security.

(Added Pub. L. 102–484, div. A, title XIII, §1332(a), Oct. 23, 1992, 106 Stat. 2555; amended Pub. L. 111–350, §§4, 5(b)(31), Jan. 4, 2011, 124 Stat. 3841, 3845.)

Amendments

2011—Subsec. (b)(1). Pub. L. 111–350 substituted simplified acquisition threshold (as defined in section 134 of title 41) for small purchase threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))).

U.S. Encyclopedia of Law Coverage

10-U.S.C.-2399 in the Legal Encyclopedia: General Military Law

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10-U.S.C.-2408 in the Legal Encyclopedia: Supply to Military

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10-U.S.C.-2410A in the Legal Encyclopedia: Procurement

In this entry about 10-U.S.C.-2410A, find legal reference material, bibliographies and premiere content related to procurement in the American Encyclopedia of Law, presenting a comprehensive view of the United States procurement-specific issues, written by authorities in the field.

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