U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART V— ACQUISITION › Subpart Subpart I— Defense Industrial Base › Chapter CHAPTER 385— OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS › Subchapter SUBCHAPTER III— LIMITATIONS ON PROCUREMENT FROM CERTAIN FOREIGN SOURCES

10 U.S.C. § 843

DEFINITIONS.

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“In this subtitle:“(1)Covered activities.—The term ‘covered activities’ means activities where a covered person or entity is—“(A) engaging in acts of violence against personnel of the United States or its partners and allies;“(B) providing financing, logistics, training, or intelligence to a person described in subparagraph (A);“(C) engaging in foreign intelligence activities against the United States or its partners and allies;“(D) engaging in transnational organized crime or criminal activities; or“(E) engaging in other activities that present a direct or indirect risk to United States or partner and allied missions and forces.“(2)Covered contract, grant, or cooperative agreement defined.—The term ‘covered contract, grant, or cooperative agreement’ means a contract, grant, or cooperative agreement that is performed outside the United States, including its possessions and territories.“(3)Covered person or entity.—The term ‘covered person or entity’ means any person, corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity outside of the United States or any foreign reporting company in accordance with section 5336(a)(11)(A)(ii) of title 31, United States Code, that is responding to a covered solicitation or performing work on a covered contract, grant, or cooperative agreement.“[(4) Repealed. Pub. L. 118–159, div. A, title XVII, § 1701(e), Dec. 23, 2024, 138 Stat. 2207.]“(5)Covered procurement action.—The term ‘covered procurement action’ means an action taken by a head of contracting activity to—“(A) exclude a person or commercial entity from an award with or without an existing contract, grant, or cooperative agreement;“(B) terminate a contract, grant, or cooperative agreement for default; or“(C) void, in whole or in part, a contract, grant, or cooperative agreement.“(6)Covered solicitation.—The term ‘covered solicitation’ means any solicitation by the Department of Defense for work for which the place of performance is outside of the United States.“(7)Head of contracting activity.—The term ‘head of contracting activity’ has the meaning described in section 1.601 of the Federal Acquisition Regulation.”
Notes of Decisions
Cited in 168 cases (12 in the last 5 years), 1957–2025 · leading case: United States v. Briggs, 592 U.S. 69 (2020).
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United States v. Briggs, 592 U.S. 69 (2020). · cites it 4× “” 10 U. S. C. §843 (a). Other military of- fenses are subject to a 5-year statute of limitations.”
United States v. Duane Nishiie, 996 F.3d 1013 (9th Cir. 2021). · cites it 4× “9 See 10 U.S.C. § 843 (f). That this statutory comparison is not a textual cross-reference within the same statute does not weaken its persuasiveness.”
United States v. McElhaney, 54 M.J. 120 (C.A.A.F. 2000). · cites it 2× “We hold that the lower court erred in applying the statute of limitations in 18 USC § 3283 in lieu of the statute of limitations codified in Article 43, UCMJ, 10 USC § 843 . We affirm the lower court’s decisions on Issues II, III, and IV.”
United States v. Diaz, 59 M.J. 79 (C.A.A.F. 2003). · cites it 2× “See Article 43(b)(1), Uniform Code of Military Justice, 10 U.S.C. § 843 (b)(1) (2000)(five-year statute of limitations).”
United States v. Holt, 33 M.J. 400 (1991). · cites it 2× “43(b), UCMJ, 10 USC § 843 (b) (1956). See n. 5, supra.”
United States v. Kuemmerle, 67 M.J. 141 (C.A.A.F. 2009). · cites it 2× “Article 43(b), UCMJ, 10 U.S.C. § 843 (b) (2000). It is the military judge’s duty to inform the accused of a potential statute of limitations defense.”
United States v. Dowty, 48 M.J. 102 (C.A.A.F. 1998). · cites it 3× “Opinion of the Court EFFRON, Judge: In an appeal under Article 62(a)(1), Uniform Code of Military Justice, 10 USC § 862 (a)(1) (1983), the Government asked the Court of Criminal Appeals to review a ruling of the military judge at appellant’s general court-martial that the…”
United States v. Rogers, 54 M.J. 244 (C.A.A.F. 2000). · cites it 2× “43(b)(1), UCMJ, 10 USC §843 (b)(1). Appellant, as a commander, might be expected to know that.”
United States v. Bare, 63 M.J. 707 (A.F.C.C.A. 2006). “One of the key dates for pinpointing events involved the time when the appellant’s wife found the appellant lying in bed with TA. Testimony at trial indicated this event occurred in “late fall '97,” and that the counseling sessions were held between December 1997 and 5 February…”
United States v. Lopez de Victoria, 66 M.J. 67 (C.A.A.F. 2008). “We granted review in this case to consider whether the November 2003 amendment to the statute of limitations, Article 43(b), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 843 (b) (2000), applies retroactively to offenses committed before the amendment’s effective date.”
United States v. Jones, 26 M.J. 1009 (1988). · cites it 6× “2 See Article 43(c), UCMJ, 10 U.S.C. § 843 (c) (1982) (“[A] person charged with an offense is not liable to be tried by court-martial .”
United States v. Wuterich, 67 M.J. 63 (C.A.A.F. 2008). “Articles 43(d), 57(b), 120(s), UCMJ, 10 U.S.C. §§ 843 (d), 57(b), 120(s) (2000) (using the terms “excluded” and “excluding” in various legal contexts to convey descriptive meanings different from the concept of admissibility).”
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