FAR 40.201—Definitions.
Plain-English Summary
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.
Key Rules
Covered foreign entity list
An "American Security Drone Act-covered foreign entity" is any entity included on the FASC-maintained list published in SAM. Coverage is not based on a contractor’s own judgment alone; the controlling source is the official list in SAM.
Prohibited drone source
A "FASC-prohibited unmanned aircraft system" is one manufactured or assembled by a covered foreign entity. This means the restriction reaches the origin of manufacture or assembly, not just the brand name or country of final sale.
Aircraft definition
"Unmanned aircraft" means an aircraft operated without the possibility of direct human intervention from within or on the aircraft. This definition focuses on the absence of onboard human control, which distinguishes drones from piloted aircraft.
System definition is broader
"Unmanned aircraft system" includes the aircraft plus associated elements needed for safe and efficient operation, such as communication links and control components. The definition is intentionally broad so the subpart can reach the full operational package, not only the airframe.
Statutory cross-references control meaning
The definitions incorporate statutory references from the U.S. Code and Public Law. Those cross-references ensure the FAR terms are interpreted consistently with the underlying drone-security and aviation statutes.
Responsibilities
Contracting Officers
Use these definitions to determine whether a drone or related system is covered by the subpart, verify whether an entity appears on the FASC list in SAM, and apply the restriction consistently when evaluating offers, purchases, or contract performance.
Contractors and Offerors
Check whether any unmanned aircraft system offered, supplied, or used in performance is manufactured or assembled by a covered foreign entity, and ensure representations, sourcing, and product descriptions align with the definitions.
Agencies
Maintain procurement controls and screening processes that rely on the SAM-published FASC list, and ensure acquisition personnel understand the scope of the definitions when planning or executing drone-related buys.
Suppliers and Manufacturers
Know whether their products or upstream manufacturing/assembly sources could place a system within the prohibited category, and provide accurate origin and supply-chain information to customers.
Practical Implications
The key compliance question is not just whether the item is a drone, but whether the manufacturer or assembler is on the FASC-covered foreign entity list.
Because the definition of unmanned aircraft system includes communication links and control components, contractors should review the entire package, not only the aircraft body.
The SAM list is the authoritative source, so relying on marketing materials, country-of-origin assumptions, or informal vendor assurances can lead to mistakes.
A product may be covered even if it is sold through a U.S. distributor, if it was manufactured or assembled by a covered foreign entity.
Contracting teams should build early screening into market research and solicitation review to avoid late-stage disqualification or performance issues.
Official Regulatory Text
As used in this subpart- American Security Drone Act-covered foreign entity means an entity included on a list developed and maintained by the Federal Acquisition Security Council (FASC) and published in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.). FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act-covered foreign entity. Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft ( 49 U.S.C. 44801(11) ). Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system ( 49 U.S.C. 44801(12) ).