FAR 40.2—Subpart 40.2
Contents
- 40.201
Definitions.
FAR 40.201 provides the definitions that control how this subpart applies to unmanned aircraft and related supply-chain restrictions. It defines four key terms: "American Security Drone Act-covered foreign entity," "FASC-prohibited unmanned aircraft system," "unmanned aircraft," and "unmanned aircraft system." These definitions matter because they determine which products and entities are subject to the subpart’s restrictions, especially where federal procurement must screen for prohibited foreign involvement. In practice, the section tells contracting officers, offerors, and contractors how to identify covered drones and related systems, and it ties the FAR requirements to the Federal Acquisition Security Council list published in SAM. It also incorporates statutory aviation definitions so the scope of coverage is aligned with federal aviation law, not just procurement usage. The practical effect is that buyers must look beyond the drone itself and consider the manufacturer, assembler, and the full system components that make the aircraft operable.
- 40.202
Prohibition on the procurement and operation of unmanned aircraft systems manufactured or assembled by American Security Drone Act-covered foreign entities. s.
FAR 40.202 is a short but important policy section that tells readers where to find the government’s rules on the procurement and operation of unmanned aircraft systems (UAS), including both the aircraft themselves and their associated elements. In practical terms, it serves as the FAR’s gateway to restrictions tied to UAS manufactured or assembled by American Security Drone Act-covered foreign entities, which are addressed through the authorities referenced in this part. The section does not itself spell out the full prohibition details, but it establishes that the FAR contains policies and procedures governing acquisition and use of drones and related components. It also makes clear that the authority for these requirements is temporary and expires on December 22, 2028, unless extended or changed by statute. For contracting officers, program offices, and contractors, the significance is that drone purchases, leases, and operational use must be checked against these restrictions before award, acceptance, deployment, or mission use. In practice, this means UAS sourcing, supply chain review, and operational approvals may all be affected by foreign-entity restrictions and the statutory sunset date.