§ 1.80003 — Foreign adversary control attestation and disclosures.

§ 1.80003 Foreign adversary control attestation and disclosures.

(a) Schedule A attestations. Except as provided in paragraphs (f) and (g) of this section, an officer or other authorized representative of a Schedule A Regulatee shall attest to the Commission that it is or is not owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary as defined in § 1.80001(e). Schedule A includes Covered Authorizations thus identified in § 1.80002(a). An attestation that an entity is not owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary as defined in § 1.80001(e) must be definitive, and filers may not seek staff clarification in their attestations or include materials with such responses meant to disclose information for staff review.

(b) Schedule B attestations. Except as provided in paragraph (f) of this section, an officer or other authorized representative of a Schedule B Regulatee, that is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary as defined in § 1.80001(e), shall attest to the Commission thereof. Schedule B includes Covered Authorizations thus identified in § 1.80002(b).

(c) Schedule C attestations. An officer or other authorized representative of a Schedule C Regulatee is exempt from filing initial attestations required by this Section. Schedule C includes Covered Authorizations thus identified in § 1.80002(c).

(d) Regulatees holding or applying for Covered Authorizations in different Schedules. An officer or other authorized representative of a Regulatee holding or applying for Covered Authorizations listed in different Schedules shall attest according to the requirements of the Covered Authorization listed in a Schedule that applies more reporting requirements. For example, if a Regulatee holds or applies for a Covered Authorization from Schedule A and another from Schedule B, the Regulatee shall only file a single attestation, according to the rules for Schedule A attestations.

(e) Provisional attestations. An officer or other authorized representative of a Regulatee that attests affirmatively pursuant to paragraph (a) or (b) of this section, but denies that an interest obligating the Regulatee to attest affirmatively confers upon the interest holder the ability to determine, direct, or decide important matters affecting an entity, shall demonstrate by clear and convincing evidence why such interest does not meet § 1.70001(g)(4).

(f) Exemptions. No State or local government agency, federally recognized Tribal Nation, or business controlled by a federally recognized Tribal Nation is subject to the provisions in this subpart.

(g) Foreign adversary sponsorship. An entity with a broadcast license (AM, FM, LPFM, FM translator, FM Booster, Full Power TV, Class A TV, LPTV, TV translator), a cable television relay service station (CARS) license, an international broadcast station license, or section 325(c) authorization encompassed by table 2 to § 1.80002(b) that does not otherwise hold a Covered Authorization from Schedule A but receives an affirmative response under the Commission's foreign sponsorship identification rules from a lessee that is a foreign adversary shall fulfill its duties under paragraph (a) of this section by filing a copy of the lessee's information with the Commission pursuant to § 73.1212(j)(8) of this chapter.

(h) Deadline for initial attestations. Except as provided in paragraph (i) of this section, a Regulatee shall file any attestation required by paragraph (a) or (b) of this Section no later than 60 days after the publication of a public notice announcing the creation of the attestation portal, and shall attest to its Foreign Adversary Control status as of the publication date of the same public notice.

(i) Deadline for initial attestations made by small entities. A Regulatee that is a small entity shall file any attestation required by paragraph (a) or (b) of this section no later than 120 days after the publication of a public notice announcing the creation of the attestation portal, and shall attest to its Foreign Adversary Control status as of the publication date of the same public notice.

(j) Additional disclosures for entities subject to Foreign Adversary Control. Except as provided in paragraph (f) of this section, a Schedule A, B, or C Regulatee that attests that it is owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary, shall disclose to the Commission subject to the applicable deadline set forth in paragraph (h), (i), or (l) of this section, or a deadline set by a Licensing Bureau or Office pursuant to § 1.80002(e)(3):

(1) All 5% or greater direct or indirect equity and/or voting interest holders, and controlling interest holders, specifically:

(i) For each reported natural person interest holder, his or her:

(A) Name;

(B) Address;

(C) Country or countries of citizenship; and

(D) Percentage of equity and/or voting interest, and all controlling interests, held directly or indirectly in the Regulatee; and

(ii) For each reported entity (including a government entity) interest holder, its:

(A) Name;

(B) Address;

(C) Country under the laws of which the entity is organized;

(D) Country of the principal place of business, headquarters, and place of incorporation or organization;

(E) Type of entity and principal business(es); and

(F) Percentage of equity and/or voting interest, and all controlling interests, held directly or indirectly in the Regulatee; and

(iii) An ownership diagram that illustrates the Regulatee's vertical ownership structure, including the direct and indirect equity and/or voting interests, and/or controlling interests, as applicable, held by the individuals and entities named in response to this paragraph (j)(1). Every such individual or entity with equity and/or voting interests shall be depicted and all controlling interests must be identified. For disclosures provided pursuant to paragraphs (l)(3)(ii), (l)(4)(ii), and (l)(5)(ii) of this section, the ownership diagram shall include both the pre-transaction and post-transaction ownership of the Regulatee;

(2) The identity of the foreign adversary or foreign adversary country the Regulatee is owned by, controlled by, or subject to the jurisdiction or direction of; and

(3) The nature of the Foreign Adversary Control to which the Regulatee is subject.

(4) A Regulatee filing a disclosure pursuant to this paragraph (j) shall include a statement certifying to the truth and accuracy of all information included in the disclosure.

(k) Eligible U.S. public companies. A Regulatee that is an eligible U.S. public company, as that term is defined in § 1.5000(e), and that is subject to the reporting requirements set forth in paragraph (j) of this section, shall follow the same standards set forth in § 1.5000(e), to the extent applicable, in its reporting under paragraph (j) of this section.

(l) Ongoing attestation and disclosure requirements. After the deadline for initial attestations set forth in paragraphs (h) and (i) of this section, the following entities shall file a new attestation pursuant to paragraphs (a) and (b) of this section, as applicable, and, if affirmative, the additional disclosures required by paragraph (j) of this section:

(1) Any Regulatee holding a Covered Authorization designated in Schedule A or B, regardless of whether it has already filed an attestation;

(i) Within 30 days of the Regulatee becoming subject to Foreign Adversary Control, to the extent such change does not require Commission approval; or

(ii) Within 60 days, or for small entities within 120 days, of the effective date of an addition to the Department of Commerce's list of foreign adversaries in 15 CFR 791.4 of a foreign government or foreign non-government person that has Foreign Adversary Control over the Regulatee;

(2) Any Regulatee of a Covered Authorization newly designated in Schedule A regardless of whether it has already filed an attestation, within 30 days of the effective date of a public notice announcing the designation;

(3) A Schedule A or B Regulatee that is subject to Foreign Adversary Control, or any Regulatee whose last attestation was affirmative;

(i) Upon application for any new Covered Authorization;

(ii) Upon application for an assignment, except a pro forma assignment as defined in § 63.24(d) of this chapter, of any Covered Authorization held by the Regulatee;

(iii) Upon application for a renewal of any Covered Authorization;

(iv) Upon application for a modification of any Covered Authorization;

(v) Within 30 days of any changes to 5% or greater direct or indirect equity and/or voting interests, or controlling interests, held in the Regulatee; or

(vi) Within 30 days of the effective date of a public notice designating a Covered Authorization held by the Regulatee in Schedule B;

(4) Any entity regardless of Foreign Adversary Control;

(i) Upon application for the entity's initial Covered Authorization designated in Schedule A; or

(ii) Upon application for the entity to be the transferee or assignee of its initial Covered Authorization designated in Schedule A, except in the case of a pro forma transfer of control or assignment as defined in § 63.24(d) of this chapter;

(5) Any entity that is subject to Foreign Adversary Control;

(i) Upon application for the entity's initial Covered Authorization designated in Schedule B;

(ii) Upon application for the entity to be the transferee or assignee of its initial Covered Authorization designated in Schedule B, except in the case of a pro forma transfer of control or assignment as defined in § 63.24(d) of this chapter; or

(iii) Upon application for modification of a Covered Authorization designated in Schedule A or B that would cause the entity to be a licensee or lessee of the Covered Authorization; and

(6) Any Regulatee whose last attestation was affirmative within 30 days of its determination that it is no longer subject to Foreign Adversary Control.

(m) Foreign adversary control filing method. The Office of Economics and Analytics and the Public Safety and Homeland Security Bureau, in coordination with Licensing Bureaus and Offices, shall announce the creation of the attestation portal and the method of filing the attestations and disclosures required by this section therein.

(n) Administration. The Commission delegates authority to the Office of Economics and Analytics and the Public Safety and Homeland Security Bureau, in consultation with the Licensing Bureaus and Offices and the Enforcement Bureau where appropriate, to adopt necessary policies and procedures, and conduct notice-and-comment rulemaking, where appropriate, relating both to the administration of the information collection described in this Section and Foreign Adversary Control information more broadly, including rule clarifications and further guidance, modification of deadlines, publication of information, and treatment of provisional attestations.

(o) Compliance date. Compliance with this section will not be required until after the completion of such review by the Office of Management and Budget as the Office of Economics and Analytics and the Public Safety and Homeland Security Bureau deem necessary. The Commission will publish a document in the Federal Register announcing that compliance date and revising or removing this paragraph (o) accordingly.