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Section 225.003: Definitions.

As used in this part-

    (1) "Caribbean Basin country end product" includes petroleum or any product derived from petroleum.

    (2) "Defense equipment" means any equipment, item of supply, component, or end product purchased by DoD.

    (3) "Domestic concern" means-

      (i) A concern incorporated in the United States (including a subsidiary that is incorporated in the United States, even if the parent corporation is a foreign concern); or

      (ii) An unincorporated concern having its principal place of business in the United States.

    (4) "Domestic end product" has the meaning given in the clauses at 252.225-7001, Buy American Act and Balance of Payments Program; and 252.225-7036, Buy American Act-Free Trade Agreements-Balance of Payments Program, instead of the meaning in FAR 25.003.

    (5) "Eligible product" means, instead of the definition in FAR 25.003-

      (i) A foreign end product that-

        (A) Is in a category listed in 225.401-70; and

        (B) Is not subject to discriminatory treatment, due to the applicability of a trade agreement to a particular acquisition;

      (ii) A foreign construction material that is not subject to discriminatory treatment, due to the applicability of a trade agreement to a particular acquisition; or

      (iii) A foreign service that is not subject to discriminatory treatment, due to the applicability of a trade agreement to a particular acquisition.

    (6) "Foreign concern" means any concern other than a domestic concern.

    (7) "Free Trade Agreement country" does not include Oman.

    (8) "Nonqualifying country" means a country other than the United States or a qualifying country.

    (9) “Nonqualifying country component” means a component mined, produced, or manufactured in a nonqualifying country.

    (10) "Qualifying country" means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries:

      Australia

      Austria

      Belgium

      Canada

      Denmark

      Egypt

      Finland

      France

      Germany

      Greece

      Israel

      Italy

      Luxembourg

      Netherlands

      Norway

      Portugal

      Spain

      Sweden

      Switzerland

      Turkey

      United Kingdom of Great Britain and Northern Ireland.

    (11) "Qualifying country component" and "qualifying country end product" are defined in the clauses at 252.225-7001, Buy American Act and Balance of Payments Program; and 252.225-7036, Buy American Act-Free Trade Agreements-Balance of Payments Program. "Qualifying country end product" is also defined in the clause at 252.225-7021, Trade Agreements.

    (12) "Qualifying country offer" means an offer of a qualifying country end product, including the price of transportation to destination.

    (13) "Source," when restricted by words such as foreign, domestic, or qualifying country, means the actual manufacturer or producer of the end product or component.




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