[Code of Federal Regulations]
[Title 15, Volume 1, Parts 0 to 299]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR295.3]

[Page 456]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
 CHAPTER II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, DEPARTMENT 
                               OF COMMERCE
 
PART 295--ADVANCED TECHNOLOGY PROGRAM--Table of Contents
 
                           Subpart A--General
 
Sec. 295.3  Eligibility of United States- and foreign-owned businesses.

    (a) A company shall be eligible to receive an award from the Program 
only if:
    (1) The Program finds that the company's participation in the 
Program would be in the economic interest of the United States, as 
evidenced by investments in the United States in research, development, 
and manufacturing (including, for example, the manufacture of major 
components or subassemblies in the United States); significant 
contributions to employment in the United States; and agreement with 
respect to any technology arising from assistance provided by the 
Program to promote the manufacture within the United States of products 
resulting from that technology (taking into account the goals of 
promoting the competitiveness of United States industry), and to procure 
parts and materials from competitive suppliers; and
    (2) Either the company is a United States-owned company, or the 
Program finds that the company is incorporated in the United States and 
has a parent company which is incorporated in a country which affords to 
United States-owned companies opportunities, comparable to those 
afforded to any other company, to participate in any joint venture 
similar to those authorized under the Program; affords the United 
States-owned companies local investment opportunities comparable to 
those afforded to any other company; and affords adequate and effective 
protection for the intellectual property rights of United States-owned 
companies.
    (b) The Program may, within 30 days after notice to Congress, 
suspend a company or joint venture from continued assistance under the 
Program if the Program determines that the company, the country of 
incorporation of the company or a parent company, or the joint venture 
has failed to satisfy any of the criteria contained in paragraph (a) of 
this section, and that it is in the national interest of the United 
States to do so.
    (c) Companies owned by legal residents (green card holders) may 
apply to the Program, but before an award can be given, the owner(s) 
must either become a citizen or ownership must be transferred to a U.S. 
citizen(s).

[59 FR 667, Jan. 6, 1994, as amended at 62 FR 64685, Dec. 9, 1997]