---
kind: "section"
citation: "31 C.F.R. § 19.215"
title: "31"
number: "19.215"
heading: "Which nonprocurement transactions are not covered transactions?"
url: "https://uscodex.org/cfr/31/19.215"
---

# §19.215. Which nonprocurement transactions are not covered transactions?


The following types of nonprocurement transactions are not covered transactions:

- (a) **A direct award to—**
  - (1) A foreign government or foreign governmental entity;
  - (2) A public international organization;
  - (3) An entity owned (in whole or in part) or controlled by a foreign government; or
  - (4) Any other entity consisting wholly or partially of one or more foreign governments or foreign governmental entities.
- (b) A benefit to an individual as a personal entitlement without regard to the individual's present responsibility (but benefits received in an individual's business capacity are not excepted). For example, if a person receives social security benefits under the Supplemental Security Income provisions of the Social Security Act, [42 U.S.C. 1301](/usc/42/1301.md) et seq., those benefits are not covered transactions and, therefore, are not affected if the person is excluded.
- (c) **Federal employment.**
- (d) A transaction that the Department of the Treasury needs to respond to a national or agency-recognized emergency or disaster.
- (e) A permit, license, certificate, or similar instrument issued as a means to regulate public health, safety, or the environment, unless the Department of the Treasury specifically designates it to be a covered transaction.
- (f) **An incidental benefit that results from ordinary governmental operations.**
- (g) **Any other transaction if the application of an exclusion to the transaction is prohibited by law.**

## Notes

### Authority

Authority: Sec. 2455, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); E.O. 11738 (3 CFR, 1973 Comp., p. 799); E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, 1989 Comp., p. 235).

### Source

Source: 68 FR 66544, 66605, 66607, Nov. 26, 2003, unless otherwise noted.