710 Ind. Admin. Code 3-1-4

Current through October 16, 2024

Section 710 IAC 3-1-4 - Contracts

Authority: IC 23-2-3.1-9

Affected: IC 23-2-3.1-5

Sec. 4.

(a) "Contract", for the purposes of this article, means a written or verbal agreement for the purchase, sale, lease, or assignment of goods, services, or intellectual property.

(b) A description of a contract required under this section must be in English and include the following:

(1) The date the contract was entered into.

(2) The parties to the contract.

(3) The goods, services, or intellectual property that is the subject of the contract.

(4) The approximate aggregate amount, in United States dollars, of the subject of the contract.

(5) The term of the contract.

(6) Any other information necessary to understand the contract.

(c) In determining if a government is "in free association with the United States", the hearing officer may consider the following:

(1) Whether the United States maintains a diplomatic relationship, including, but not limited to, any of the following:

(A) Recognizing the foreign government.

(B) Establishing an embassy or consulate in the foreign country.

(C) Having the United States representative granted diplomatic status in the foreign country.

(2) Whether federal legislation exists that limits trade including, but not limited to, military goods or "dual use" goods, with foreign governments because of national security concerns.

(3) Whether the foreign government has legislative or other barriers to the import or export of goods or services produced by individuals or organizations domiciled or incorporated in Indiana.

(4) Any other factors the hearing officer deems relevant.

(d) Along with the tender offer statement, the offeror will file a list of all foreign governments with which the offeror and its affiliates have contracts.

(e) If the information required under IC 23-2-3.1-5(c) does not apply to the offeror, the offeror must file a certified document signed by a duly authorized officer that:

(1) the offeror and its affiliates are not a party to a contract specified in IC 23-2-3.1-5(c)(1);

(2) the offeror and its affiliates have not received a subsidy as specified in IC 23-2-3.1-5(c)(2); and

(3) none of the officers or directors of the offeror or its affiliates hold any office or appointments as specified in IC 23-2-3.1-5(c)(3).

710 IAC 3-1-4

Securities Division; 710 IAC 3-1-4; filed Aug 27, 1990, 4:10 p.m.: 14 IR 135; readopted filed May 31, 2002, 11:34 p.m.: 25 IR 3462; readopted filed Dec 2, 2008, 9:01 a.m.: 20081224-IR-710080819RFA

Readopted filed 9/23/2015, 2:54 p.m.: 20151021-IR-710150280RFA