ANNOUNCEMENT 26 Mar 2013

In March 2013, the government of the United States of America announced a change in the access to public tenders.

NUMBER OF INTERVENTIONS

1

  • 1 harmful
  • 0 neutral
  • 0 liberalising

SOURCE



See the hyperlinked material in the description.


Inception date: 26 Mar 2013 | Removal date: open ended
Still in force

Public procurement access

A provision in the 'Consolidated and Further Continuing Appropriations Act, 2013' (H.R.933), which President Obama signed into law on March 26, 2013, bars the departments of Commerce and Justice, the National Aeronautics and Space Administration (NASA), and the National Science Foundation from procuring any information technology (IT) systems that are produced, manufactured, or assembled by any company owned, directed, or subsidized by the People's Republic of China, unless the Federal Bureau of Investigation (FBI) has completed an assessment of the security risk of cyber-espionage or sabotage associated with the system to the United States.


The provision, included in Section 2, Division B-Commerce, Justice, Science, and Related Agencies of the law states,

"Sec. 516. (a) None of the funds appropriated or otherwise made available under this Act may be used by the Departments of Commerce and Justice, the National Aeronautics and Space Administration, or the National Science Foundation to acquire an information technology system unless the head of the entity involved, in consultation with the Federal Bureau of Investigation or other appropriate Federal entity, has made an assessment of any associated risk of cyber-espionage or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, manufactured or assembled by one or more entities that are owned, directed or subsidized by the People's Republic of China.
(b) None of the funds appropriated or otherwise made available under this Act may be used to acquire an information technology system described in an assessment required by subsection (a) and produced, manufactured or assembled by one or more entities that are owned, directed or subsidized by the People's Republic of China unless the head of the assessing entity described in subsection (a) determines, and reports that determination to the Committees on Appropriations of the House of Representatives and the Senate, that the acquisition of such system is in the national interest of the United States."

AFFECTED SECTORS