Sec. 2876. DISCLOSURE OF BENEFICIAL OWNERSHIP BY FOREIGN PERSONS OF HIGH SECURITY SPACE LEASED BY THE DEPARTMENT OF DEFENSE
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## SEC. 2876 DISCLOSURE OF BENEFICIAL OWNERSHIP BY FOREIGN PERSONS OF HIGH SECURITY SPACE LEASED BY THE DEPARTMENT OF DEFENSE **[**[10 U.S.C. 2661 note](/us/usc/t10/s2661)**]** ###
(a)Identification of Beneficial Ownership 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— ####
(1)identify each beneficial owner of the covered entity by— #####
(A)name; #####
(B)current residential or business street address; and #####
(C)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 ####
(2)disclose to the Department of Defense any beneficial owner of the covered entity that is a foreign person. ###
(b)Required Disclosure ####
(1)Initial disclosure 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. ####
(2)Updates 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— #####
(A)the list of beneficial owners of the covered entity; or #####
(B)the information required to be provided relating to each such beneficial owner. ###
(c)Precautions 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. ###
(d)Definitions In this section: ####
(1)Beneficial owner #####
(A)In general The term “beneficial owner”— ######
(i)means, with respect to a covered entity, each natural person who, directly or indirectly— ######
(I)exercises control over the covered entity through ownership interests, voting rights, agreements, or otherwise; or ######
(II)has an interest in or receives substantial economic benefits from the assets of the covered entity; and ######
(ii)does not include, with respect to a covered entity— ######
(I)a minor child; ######
(II)a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; ######
(III)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; ######
(IV)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 ######
(V)a creditor of the covered entity, unless the creditor otherwise meets the requirements of “beneficial owner” described above. #####
(B)Anti-abuse rule The exceptions under subparagraph (A)(ii) shall not apply if used for the purpose of evading, circumventing, or abusing the requirements of this section. ####
(2)Covered entity The term “covered entity” means a person, copartnership, corporation, or other public or private entity. ####
(3)Foreign person 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. ####
(4)High-security leased space 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 in accordance with the Interagency Security Committee Risk Management Process. ####
(5)United states person 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.
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Sec. 2876
DISCLOSURE OF BENEFICIAL OWNERSHIP BY FOREIGN PERSONS OF HIGH SECURITY SPACE LEASED BY THE DEPARTMENT OF DEFENSE
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