---
kind: "section"
citation: "22 C.F.R. § 228.12"
title: "22"
number: "228.12"
heading: "Nationality of suppliers of commodities and services."
url: "https://uscodex.org/cfr/22/228.12"
---

# §228.12. Nationality of suppliers of commodities and services.


The suppliers of all commodities and services financed with federal program funds appropriated under the Foreign Assistance Act of 1961, as amended, shall:

- (a) If an individual, except as provided in [§ 228.15](/cfr/22/228.15.md), be a citizen or lawful permanent resident (or equivalent immigration status to live and work on a continuing basis) of a country in Code 937 (or other principal geographic procurement code designated in an implementing instrument),
- (b) If an organization,
  - (1) Be incorporated or legally organized under the laws of a country in Code 937 (or other principal geographic procurement code designated in an implementing instrument);
  - (2) Must be operating as a going concern in a country in Code 937 (or other principal geographic procurement code designated in an implementing instrument), and either
  - (3) Be managed by a governing body, the majority of whom are citizens or lawful permanent residents (or equivalent immigration status to live and work on a continuing basis) of countries in Code 937 (or other principal geographic procurement code designated in an implementing instrument), or
  - (4) Employ citizens or lawful permanent residents (or equivalent immigration status to live and work on a continuing basis) of a country in Code 937 (or other principal geographic procurement code designated in an implementing instrument), in more than half its permanent full-time positions and more than half of its principal management positions.

## Notes

### Authority

Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445 (22 U.S.C. 2381), as amended, E.O. 12163, Sept. 29, 1979, 44 FR 56673: 3 CFR 1979 Comp., p. 435.

### Source

Source: 77 FR 1401, Jan. 10, 2012, unless otherwise noted.