40.202 Prohibition on the procurement and operation of unmanned aircraft systems manufactured or assembled by American Security Drone Act-covered foreign entities. s
Source: FAR 40.202 on acquisition.gov
Federal agencies and contractors are prohibited from procuring or operating unmanned aircraft systems from certain foreign entities due to national security concerns until December 22, 2028.
Overview
FAR 40.202 establishes policies and procedures that prohibit the procurement and operation of unmanned aircraft systems (UAS), including drones and their associated components, if they are manufactured or assembled by entities covered under the American Security Drone Act. This regulation aims to address national security concerns by restricting the use of UAS from certain foreign sources. The authorities granted by this section are temporary and will expire on December 22, 2028, unless extended by further legislation. The section references additional subsections that detail the scope, applicability, specific prohibitions, exemptions, exceptions, waivers, procedures, and required contract clauses related to this prohibition.
Key Rules
- Prohibition on Certain UAS
- Federal agencies are prohibited from procuring or operating UAS manufactured or assembled by covered foreign entities as defined by the American Security Drone Act.
- Expiration Date
- The prohibition and related authorities are effective until December 22, 2028.
Responsibilities
- Contracting Officers: Must ensure that solicitations and contracts comply with the prohibition and include the appropriate contract clauses.
- Contractors: Must not offer, deliver, or operate prohibited UAS for federal contracts.
- Agencies: Must oversee compliance, process exemptions, exceptions, and waivers as outlined in the referenced subsections.
Practical Implications
- This section exists to mitigate security risks associated with foreign-manufactured drones in federal operations.
- Contractors must carefully vet their supply chains and product sources to avoid non-compliance.
- Common pitfalls include failing to identify covered foreign entities or misunderstanding the expiration and applicability of the rule.
(a) Section 40.202 prescribes policies and procedures regarding the procurement and operation of unmanned aircraft systems, which includes unmanned aircraft (i.e., drones) and associated elements.
(b) The authorities in 40.202 expire on December 22, 2028 (section 1833 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).