国防承包商必须披露您的所有者：国防部根据《国防授权法》第847条就具有里程碑意义的FOCI扩展发布拟议的DFARS规则 Guófáng bāogōng shāng bìxū fūxiào nín de suǒyǒu zhě：Guófáng Bù jiù “Guófáng shīyuàn fǔnéng” di 847 tiáo jiù yǒu lìmíng zhì de FOCI chuǎnshǎn fābù nǐngyì de DFARS guīzé

DoD issues proposed DFARS rule on landmark FOCI expansion under June 2026 On May 7, 2026, the Department of Defense (DoD) published a Proposed Rule that wouldimpose significant new obligations on defense contractors and subcontractors doing business The Proposed Rule would extend review for foreign ownership,control, or influence (FOCI) beyond classified contractingand make it a broader defense supply chain screeningrequirement, reflecting the DoD’s broader shift toward treatingownership transparency, foreign control and lower-tier supply-chain integrity as core national-security concerns across thedefense industrial base. Under the Proposed Rule, the DoDwould need to understand who owns controls or can influenceeven uncleared contractors and lower-tier subcontractors. . Who is covered? •The Proposed Rule applies to any existing or prospectivecontractor, or subcontractor, at any tier, with a DoDcontract or subcontract valued above US$5 million. 48 •DoD estimates up to 37,740 entities may be affected withinone year, of which approximately 57% are small businesses. •Commercial products and services are presumptivelyexcluded unless a designated senior DoD officialdetermines that the contract implicates “a risk or potential What are the proposed obligations? The Proposed Rule would amend the Defense FederalAcquisition Regulation Supplement (DFARS) by creating newPart 240, Information Security and Supply Chain Security, andadding two new contract terms applicable to solicitations and Historically, FOCI oversight has been concentrated oncontractors performing classified work subject to the NationalIndustrial Security Program Operating Manual Rule (NISPOMRule), 32 C.F.R. Part 117. Under that framework, contractors •Pre-award (Solicitation Provision 252.240-70XX). The –Submit Standard Form (SF) 328, Certificate Pertainingto Foreign Interests and supporting documents to DCSA The Proposed Rule would extend FOCI disclosure andmitigation obligations to uncleared contractors for the firsttime. Any existing or prospective contractor or subcontractor,at any tier, holding a DoD contract or subcontract valuedabove US$5 million would be required to disclose beneficialownership and FOCI status to the DCSA, and maintain that –Provide contact information for each beneficial owner. –Represent that all submitted information is current, –If DCSA determines that FOCI or beneficial ownershipposes a risk to national security that can be mitigated,agree at the time of award to implement a risk mitigationstrategy within 90 calendar days. (Contracting officers •During performance (Contract Clause 252.240-70YY).The clause would require contractors to: Contacts –Maintain and update NISS disclosures wheneverbeneficial ownership or FOCI status changes during Karen HarbaughPartner, Washington DCT +1 202 457 6485karen.harbaugh@squirepb.com –Implement any required mitigation strategy within 90calendar days of award, modification, option exercise or Mirrah PapovskyAssociate, Washington DCT +1 202 457 5289mirrah.papovsky@squirepb.com What are the early public comments? While few comments have been submitted to docket DARS-2026-0133 as of the date of this alert, some recurring George N. GrammasPartner, Washington DC/ LondonT +1 202 626 6234 / +44 20 7655 1301george.grammas@squirepb.comChris Griner •The 90-day mitigation window is operationally unrealisticconsidering that DCSA’s current FOCI review process often Partner, Washington DCT +1 202 457 5283chris.griner@squirepb.com •The mandatory NISS eligibility gate at proposed section240.27X-4 is incompatible with other transaction Peter C. Alfano IIIPartner, Washington DCT +1 202 626 6263peter.alfano@squirepb.com •Centralized DCSA-led vetting is where specialized DoDcomponent offices already conduct mission-specific FOCIdue diligence, and commenters propose a “Technical Pablo E. CarrilloOf Counsel, Washington DCT +1 202 457 6415pablo.carrillo@squirepb.com •The Proposed Rule provides no mechanism for primecontractors to verify the FOCI status of unclearedsubcontractors not yet enrolled in NISS, since the existing Amjad WakilAssociate, Washington DCT +1 202 457 5547amjad.wakil@squirepb.com While not covered by the current public comments, theProposed Rule does not specify what types of mitigationare available or adequate when an uncleared contractor is What are the next steps? Defense contractors and subcontractors should promptlyassess whether they hold, or are likely to bid on DoD contractsor subcontracts covered by the Proposed Rule. Those thatdo should immediately evaluate FOCI exposure, beneficialownership structures and NISS registration status in advance For questions regarding this alert or assistance assessingcompliance obligations or preparing public comments, please