15 C.F.R. § 26.215 Which nonprocurement transactions are not covered transactions?
Title 15 - Commerce and Foreign Trade
The following types of nonprocurement transactions are not covered transactions: (a) A direct award to— (1) A foreign government or foreign governmental entity; (2) A public international organization; (3) An entity owned (in whole or in part) or controlled by a foreign government; or (4) Any other entity consisting wholly or partially of one or more foreign governments or foreign governmental entities. (b) A benefit to an individual as a personal entitlement without regard to the individual's present responsibility (but benefits received in an individual's business capacity are not excepted). For example, if a person receives social security benefits under the Supplemental Security Income provisions of the Social Security Act, 42 U.S.C. 1301 et seq., those benefits are not covered transactions and, therefore, are not affected if the person is excluded. (c) Federal employment. (d) A transaction that the Department of Commerce needs to respond to a national or agency-recognized emergency or disaster. (1) For the purposes of the DoC this means: (i) Fisherman's Contingency Fund. (ii) [Reserved] (2) [Reserved] (e) A permit, license, certificate, or similar instrument issued as a means to regulate public health, safety, or the environment, unless the Department of Commerce specifically designates it to be a covered transaction. (f) An incidental benefit that results from ordinary governmental operations. (1) For purposes of the DoC this means: (i) Export Promotion, Trade Information and Counseling, and Trade Policy. (ii) Geodetic Surveys and Services (Specialized Services). (iii) Fishery Products Inspection Certification. (iv) Standard Reference Materials. (v) Calibration, Measurement and Testing. (vi) Critically Evaluated Data (Standard Reference Data). (vii) Phoenix Data System. (viii) The sale or provision of products, information, and services to the general public. (2) [Reserved] (g) Any other transaction if the application of an exclusion to the transaction is prohibited by law. (1) For purposes of the DoC this means: (i) The Administration of the Antidumping and Countervailing Duty Statutes. (ii) The Export Trading Company Act Certificate of Review Program. (iii) Trade Adjustment Assistance Program Certification. (iv) Foreign Trade Zones Act of 1934, as amended. (v) Statutory Import Program. (2) [Reserved] [68 FR 66544, 66575, 66577, Nov. 26, 2003]
Title 15: Commerce and Foreign Trade
PART 26—GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Subpart B—Covered Transactions
§ 26.215 Which nonprocurement transactions are not covered transactions?
