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  • 1.

    Relevant legislation
    What statutes or regulations govern procurement of defence and security articles?

  • 2.

    How are defence and security procurements identified as such and are they treated differently from civil procurements?

  • 3.

    How are defence and security procurements typically conducted?

  • 4.

    Proposed changes
    Are there significant proposals pending to change the defence and security procurement process?

  • 5.

    Information technology
    Are there different or additional procurement rules for information technology versus non-IT goods and services?

  • 6.

    Relevant treaties
    Are most defence and security procurements conducted in accordance with the GPA or other treaty-based procurement rules, or does this jurisdiction commonly use the national security exemption to procure them?

  • 7.

    Dispute resolution
    How are disputes between the government and defence contractor resolved?

  • 8.

    To what extent is alternative dispute resolution used to resolve conflicts? What is typical for this jurisdiction?

  • 9.

    What limits exist on the government’s ability to indemnify the contractor in this jurisdiction and must the contractor indemnify the government in a defence procurement?

  • 10.

    Limits on liability
    Can the government agree to limit the contractor’s liability under the contract? Are there limits to the contractor’s potential recovery against the government for breach?

  • 11.

    Risk of non-payment
    Is there risk of non-payment when the government enters into a contract but does not ensure there are adequate funds to meet the contractual obligations?

  • 12.

    Parent guarantee
    Under what circumstances must a contractor provide a parent guarantee?

  • 13.

    Mandatory procurement clauses
    Are there mandatory procurement clauses that must be included in a defence procurement contract or that will be read into the contract regardless of their actual inclusion?

  • 14.

    Cost allocation
    How are costs allocated between the contractor and government within a contract?

  • 15.

    What disclosures must the contractor make regarding its cost and pricing?

  • 16.

    How are audits of defence and security procurements conducted in this jurisdiction?

  • 17.

    IP rights
    Who gets the ownership rights to intellectual property created during performance of the contract? What licences are typically given and how?

  • 18.

    Economic zones
    Are there economic zones or other special programmes in this jurisdiction commonly utilised by foreign defence and security contractors for financial or other procurement related benefits?

  • 19.

    Forming legal entities
    Describe the process for forming legal entities, including joint ventures, in this jurisdiction.

  • 20.

    Access to government records
    Are there statutes or regulations enabling access to copies of government records? How does it work? Can one obtain versions of previous contracts?

  • 21.

    Supply chain management
    What are the rules regarding eligible suppliers and supply chain management and anti-counterfeit parts for defence and security procurements?

  • 22.

    Export controls
    What export controls limit international trade in defence and security articles? Who administers them?

  • 23.

    Domestic preferences
    What domestic preferences are applied to defence and security procurements? Can a foreign contractor bid on a procurement directly?

  • 24.

    Favourable treatment
    Are certain treaty partners treated more favourably?

  • 25.

    Are there any boycotts, embargoes or other trade sanctions between this jurisdiction and others?

  • 26.

    Trade offsets
    Are defence trade offsets part of this country’s defence and security procurement regime? How are they administered?

  • 27.

    Private sector appointments
    When and how may former government employees take up appointments in the private sector and vice versa?

  • 28.

    Addressing corruption
    How is domestic and foreign corruption addressed and what requirements are placed on contractors?

  • 29.

    What are the registration requirements for lobbyists or commercial agents?

  • 30.

    Limitations on agents
    Are there limitations on the use of agents or representatives that earn a commission on the transaction?

  • 31.

    Conversion of aircraft
    How are aircraft converted from military to civil use, and vice versa?

  • 32.

    What restrictions are there on manufacture and trade of unmanned aircraft systems or drones?

  • 33.

    Employment law
    Which domestic labour and employment rules apply to foreign defence contractors?

  • 34.

    Defence contract rules
    Are there any specific rules that contractors, foreign or domestic, are bound by in defence contracts?

  • 35.

    Do contractors avail themselves of these rules when they perform work exclusively outside of the jurisdiction?

  • 36.

    Personal information
    Must directors, officers or employees of the contractor provide personal information or certify that they fulfil any particular requirements to contract with a government entity?

  • 37.

    Licensing requirements
    What registration or licensing requirements exist to operate in the defence and security sector in the jurisdiction?

  • 38.

    Environmental legislation
    What environmental statutes or regulations must contractors comply with?

  • 39.

    Must companies meet environmental targets? What are these initiatives and what agency determines compliance?

  • 40.

    Do ‘green’ solutions have an advantage in procurements?

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