Overview
This section establishes the foundational terminology for FAR subpart 40.2, specifically defining the types of unmanned aircraft systems (UAS) and the specific foreign entities that are subject to procurement restrictions under the American Security Drone Act.
Key Rules
- Covered Foreign Entities: These are specific entities identified by the Federal Acquisition Security Council (FASC) and listed in the System for Award Management (SAM.gov) as posing a security risk under the American Security Drone Act.
- Prohibition Scope: An unmanned aircraft system is considered "FASC-prohibited" if it is either manufactured or assembled by a covered foreign entity.
- Broad System Definition: The term "Unmanned aircraft system" (UAS) includes not only the aircraft itself but also all associated elements required for operation, such as communication links and control components.
- Statutory Alignment: The definitions for "Unmanned aircraft" and "Unmanned aircraft system" are explicitly aligned with existing aviation statutes under 49 U.S.C. 44801.
Practical Implications
- Supply Chain Vetting: Contractors must implement rigorous supply chain due diligence to ensure that neither the drones nor their associated control components (like remote controls or data links) originate from entities listed on SAM.gov.
- Compliance Monitoring: Because the list of "covered foreign entities" is maintained and updated by the FASC in SAM.gov, businesses must treat this as a dynamic requirement rather than a static list of countries.