Page:United States Statutes at Large Volume 107 Part 2.djvu/770

 107 STAT. 1720 PUBLIC LAW 103-160—NOV. 30, 1993 10 USC 2327 SEC. 843. REPORTS BY DEFENSE CONTRACTORS OF DEALINGS WITH note. TERRORIST COUNTRIES. (a) REPORT REQUIREMENT.— (1) Whenever the Secretary of Defense proposes to enter into a contract with any person for an amount in excess of $5,000,000 for the provision of goods or services to the Department of Defense, the Secretary shall require that person— (A) before entering into the contract, to report to the Secretary each commercial transaction which that person has conducted with the government of any terrorist country during the preceding three years or the period since the effective date of this section, whichever is shorter; and (B) to report to the Secretary each such commercial transaction which that person conducts during the course of the contract (but not after the date specified in subsection (h)) with the government of any terrorist country. (2) The requirement contained in paragraph (I)(B) shall be included in the contract with the Department of Defense. (b) REGULATIONS.—The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this section. (c) ANNUAL REPORT TO CONGRESS. —The Secretary of Defense shall submit to the Congress each year by December 1 a report setting forth those persons conducting commercial transactions with terrorist countries that are included in the reports made pursuant to subsection (a) during the preceding fiscal year, the terrorist countries with which those transactions were conducted, and the nature of those transactions. The version of the report made available for public release shall exclude information exempt from public disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act). (d) LlABlUTY. —This section shall not be interpreted as imposing any liability on a person for failure to comply with the reporting requirement of subsection (a) if the failure to comply is caused solely by an act or omission of a third party. (e) PERSON DEFINED.— For purposes of this section, the term "person" means a corporate or other business entity proposing to enter or entering into a contract covered by this section. The term does not include an sifniiate or subsidiary of the entity. (f) TERRORIST COUNTRY DEFINED. —A countiy shall be considered to be a terrorist country for purposes of a contract covered by this section if the Secretary of State has determined pursuant to law, as of the date that is 60 days before the date on which the contract is signed, that the government of that country is a government that has repeatedly provided support for acts of international terrorism. (g) EFFECTIVE DATE.—This section shall apply with respect to contracte entered into after the expiration of the 90-day period beginning on the date of the enactment of this Act, or after the expiration of the 30-day period beginning on the date of publication in the Federal Register of the final regulations referred to in subsection (b), whichever is earlier. (h) TERMINATION.— This section expires on September 30, 1996. 31 USC 1535 SEC. 844. DEPARTMENT OF DEFENSE PURCHASES THROUGH OTHER note. AGENCIES. (a) REGULATIONS REQUIRED.— Not later than six months after the date of the enactment of this Act, the Secretary of Defense

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