50-5-84.1. Contracting with foreign adversaries.

As used in this Code section, the term:#

1. (1)

   “Concerned goods” means goods, including component parts, services, and technology, produced by a foreign company of concern deemed by the Georgia Technology Authority to pose a security threat to this state or its residents.#

2. (2)

   “Foreign company of concern” means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit and is:#

   1. (A)

      Organized or incorporated in a foreign country of concern;#

   2. (B)

      Owned or controlled by the government, a political subdivision, or a political party of a foreign country of concern; or#

   3. (C)

      Has a principal place of business in a foreign country of concern.#

3. (3)

   “Foreign country of concern” means a country whose government is designated as a foreign adversary by the United States Secretary of Commerce pursuant to 15 C.F.R. Section 791.4.#

Pursuant to the authority provided in subparagraph (a)(27)(B) of Code Section 50-25-4, the Georgia Technology Authority shall maintain an up-to-date list of concerned goods produced by a foreign company of concern or a foreign country of concern.#

The state or a state agency shall not purchase concerned goods from a foreign company of concern, a foreign country of concern, or a third-party vendor or reseller.#

If a company of concern, directly or through a third-party vendor or reseller, sells concerned goods to the state or a state agency:#

1. (1)

   The foreign company of concern or third-party vendor or reseller shall be liable for a civil penalty in an amount that is equal to the greater of $250,000.00 or triple the amount of the entire purchase value;#

2. (2)

   The state agency or the Department of Administrative Services shall terminate the contract with the foreign company of concern or third-party vendor or reseller; and#

3. (3)

   The foreign company of concern or third-party vendor or reseller shall be ineligible for an award of future state contracts for a period determined by the Georgia Technology Authority.#