Counterfeit EEE Part
COUNTERFEIT
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1. A fraudulent part that has been confirmed to be a copy, imitation, or substitute that has been represented, identified, or marked as genuine, and/or altered by a source without legal right with intent to mislead, deceive, or defraud.
Source: SAE Aerospace Standard AS6081 Fraudulent/Counterfeit Electronic Parts: Avoidance, Detection, Mitigation, and Disposition – Distributors.
2. Counterfeit Electronic Part means an unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used electronic parts represented as new, or the false indication of grade, serial number, lot number, date code, or performance characteristics.
Source: DFARS 252.246-7007
3. 1. An unauthorized (a) copy, (b) imitation, (c) substitute, or (d) modified EEE part, which is knowingly, recklessly, or negligently misrepresented as a specified genuine item from an original component manufacturer or authorized aftermarket manufacturer; or
3. 2. A previously used EEE part which has been modified and is knowingly, recklessly, or negligently misrepresented as new without disclosure to the customer that it has been previously used.
NOTE 1: This definition may differ from civil or criminal laws that address the acts of counterfeiting or fraud, and is not intended to make a legal determination. Used EEE parts sold as new that have not been modified are not counterfeit, according to some civil and criminal statutes. These issues are covered under existing laws covering fraud. For civil matters, this issue would typically be covered under civil fraud and terms and conditions of a purchase order or contract that specifies EEE parts must be new.
NOTE 2: Parts which have been refinished, upscreened, or uprated, and have been identified as such, are not considered counterfeit.
NOTE 3: Examples of a counterfeit part can include, but are not limited to: the false identification of grade, serial number, date code, or performance characteristics.
Source: SAE Aerospace Standard AS5553 Rev. C Counterfeit Electrical, Electronic, and Electromechanical (EEE) Parts; Avoidance, Detection, Mitigation, and Disposition
4. (1) an unauthorized a) copy, b) imitation, c) substitute, or d) modified electronic part, which is knowingly, recklessly or negligently misrepresented as a specified genuine electronic part of an authorized manufacturer; or (2) a previously used electronic part which has been modified and is knowingly, recklessly, or negligently misrepresented as new without disclosure to the customer that it has been previously used.
Source: SAE AS5553 Fraudulent/Counterfeit Electronic Parts; Avoidance, Detection, Mitigation, and Disposition per the letter submitted to NASA and DoD, June/July 2013
5. A counterfeit is an electronic part that is not genuine because it: is an unauthorized copy; does not conform to original OCM design, model, and/or performance standards; is not produced by the OCM or is produced by unauthorized contractors; is an off-specification, defective, or used OCM product sold as "new" or working; or has incorrect or false markings and/or documentation.
Source: U.S. Department of Commerce Bureau of Industry and Security Office of Technology Evaluation survey
6. An item that is an unauthorized copy or substitute that has been identified, marked or altered by a source other than the item’s legally authorized source, and has been misrepresented to be an authorized item of the legally authorized source.
Source: Department of Defense Instruction, Number 4140.67 DoD Counterfeit Prevention Policy (April 26, 2013)
7. Counterfeit electronic part means an unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes electronic parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.
Source: Final Rule Department of Defense Defense Acquisition Acquisition Regulations System: Detection and Avoidance of Counterfeit Electronic Parts (DFARS Case 2012-D055) published in the Federal Register on May 6, 2014
8. A part made or altered to imitate or resemble an approved part without authority or right, and with the intent to mislead or defraud by passing as original or genuine.
Source: Federal Aviation Administration Advisory Circular 21-29C, Detecting and Reporting Suspected Unapproved Parts.
9. For the purposes of this agreement: (a) “counterfeit trademark goods” shall mean any goods including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark and which thereby infringes the rights of the owner of the trademark in question under the law of the country of importation;
Source: Agreement on Trade-Related Aspects of Intellectual Property Rights Part III – Enforcement of Intellectual Property Rights Article 51 Suspension of Release by Customs Authorities
10. Materiel whose origin, age, composition, configuration, certification status or other characteristic (including whether or not the materiel has been used previously) has been falsely represented by:
- misleading marking of the materiel, labelling or packaging;
- misleading documentation; or
- any other means, including failing to disclose information;
except where it has been demonstrated that the misrepresentation was not the result of dishonesty by a supplier or sub-supplier within the supply chain.
Source: UK MOD DEF-STAN-05-135
11. Counterfeit item means an unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.
Source: US Federal Acquisition Regulation (FAR 2019-24960)
12. Counterfeit item means an unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.
Source: US Federal Acquisition Regulation (FAR 2019-24960)
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