Sec. 2849. Disclosure of beneficial ownership by foreign persons of high security space leased by the Department of Defense
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/bill/115/hr/2810/pap/section-2849·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Before entering into a lease agreement with a covered entity for accommodation of a military department or Defense Agency in a building (or other improvement) that will be used for high-security leased space, the Department of Defense shall require the covered entity to— identify each beneficial owner of the covered entity by— name; current residential or business street address; and in the case of a United States person, a unique identifying number from a nonexpired passport issued by the United States or a nonexpired drivers license issued by a State; and disclose to the Department of Defense any beneficial owner of the covered entity that is a foreign person.
The Secretary of Defense shall require a covered entity to provide the information required under subsection (a), when first submitting a proposal in response to a solicitation for offers issued by the Department. The Secretary of Defense shall require a covered entity to update a submission of information required under subsection
(a)not later than 60 days after the date of any change in— the list of beneficial owners of the covered entity; or the information required to be provided relating to each such beneficial owner. If a covered entity discloses a foreign person as a beneficial owner of a building (or other improvement) from which the Department of Defense is leasing high-security leased space, the Department of Defense shall notify the tenant of the space to take appropriate security precautions. The term beneficial owner— means, with respect to a covered entity, each natural person who, directly or indirectly— exercises control over the covered entity through ownership interests, voting rights, agreements, or otherwise; or has an interest in or receives substantial economic benefits from the assets of the covered entity; and does not include, with respect to a covered entity— a minor child; a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; a person acting solely as an employee of the covered entity and whose control over or economic benefits from the covered entity derives solely from the employment status of the person; a person whose only interest in the covered entity is through a right of inheritance, unless the person otherwise meets the definition of beneficial owner under this paragraph; and a creditor of the covered entity, unless the creditor otherwise meets the requirements of beneficial owner described above. The exceptions under subparagraph (A)(ii) shall not apply if used for the purpose of evading, circumventing, or abusing the requirements of this section. The term covered entity means a person, copartnership, corporation, or other public or private entity. The term foreign person means an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States. The term high-security leased space means a space leased by the Department of Defense that has a security level of III, IV, or V, as determined by the Interagency Security Committee. The term United States person means a natural person who is a citizen of the United States or who owes permanent allegiance to the United States.