Home » Tech » GSA VMware Deal Bypasses Hypervisor – Tech News

GSA VMware Deal Bypasses Hypervisor – Tech News

by Lisa Park - Tech Editor

The US General Services Governance is ​flogging ⁣discounts of up to 64 percent under a onegov ⁤Agreement covering Broadcom’s VMware portfolio – though the actual hypervisor that made VMware ‌famous‍ isn’t included.

The framework covers VMware⁢ Tanzu Platform, Tanzu Data Intelligence, Avi ⁢load Balancer, vDefend, and the Tanzu AI Starter Kit. Notably absent: VMware vSphere Foundation, the virtualization platform most agencies actually‍ use.

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“this agreement represents⁤ another ‍major milestone under the OneGov initiative and advances President Trump’s call to accelerate AI ‍adoption across goverment,” said Josh⁤ Gruenbaum, Federal Acquisition⁣ Service Commissioner.

Broadcom framed the deal as helping agencies‍ extract more value⁣ from existing ​investments in it’s private ⁢cloud⁣ platform while‌ “achieving zero trust through multi-layer defense-in-depth.”

Those existing investments are ⁣considerable. the US Army ‍and⁢ other agencies signed a ⁢reportedly $477 million blanket ‍purchase agreement​ for VMware licenses ⁢in 2024,while the Navy inked a $173 million deal. Last year,the Defense Facts Systems Agency signed a contract pegged at nearly $1 billion, delivered​ via Carahsoft.

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The Corporate ‍Openness Act (CTA) ​and Beneficial Ownership Reporting

The Corporate Transparency Act of 2021 requires ‍most U.S. ⁢companies to report information about thier beneficial owners to the Financial Crimes Enforcement Network (FinCEN), a bureau of ⁤the U.S. Department⁢ of the Treasury. This landmark legislation aims to ‌combat money laundering,⁤ terrorist financing, and other illicit ​activities by increasing ‌transparency in‍ corporate ownership. Reporting requirements began January 1,⁣ 2024, and the initial⁣ reporting window closes January⁣ 1, 2025, for ‍existing entities.

What is⁢ a Beneficial⁢ Owner?

A ⁢beneficial owner is ‍an individual who directly or indirectly owns or controls at least 25% of ⁢a reporting ⁤company,⁤ or who exercises significant control ⁣over the company. ⁢ FinCEN’s Beneficial Ownership ‍Information (BOI) Rule defines these terms with specific​ criteria.‌ Ownership is determined⁣ by equity, right to⁣ profits, or receipt of distributions. Control‌ isn’t solely‍ based on ownership; it includes factors like⁣ decision-making authority and the power to appoint‍ or remove officers.

Such as,​ if John Smith owns 30% of ABC LLC, he⁣ is a beneficial owner. Similarly, if Jane Doe doesn’t own any equity but controls ​the company’s finances and ⁤operations, she⁢ is also considered a​ beneficial owner. ​ FinCEN FAQs ​ provide further clarification on these definitions.

Who Must Report Under the CTA?

Most domestic ⁣and foreign​ entities registered ⁣to do business ⁢in​ the United States must report to FinCEN, with certain exemptions. Reporting companies include corporations, limited‌ liability companies (LLCs), and other similar⁢ entities created or registered in the U.S. or a foreign ⁣jurisdiction.

  • Exemptions: Entities ⁣already subject to notable reporting requirements, such as those regulated by the Securities and ⁤Exchange‌ Commission (SEC), banks, and certain insurance companies, are exempt. A complete‌ list of exemptions is available on FinCEN’s website.
  • 23 Exempt Categories: ther are 23 categories of entities exempt⁤ from ‌BOI reporting.

As of December 2023, approximately 32.3 million‍ entities are estimated to be required to report under the CTA, according⁢ to the U.S. ⁢Department of the Treasury.

What Information Must Be Reported?

Reporting companies must⁢ submit information about their beneficial owners and company applicants ⁢to FinCEN ​through the Beneficial Ownership ⁤Secure System⁤ (BOSS). ⁢ Required information‌ includes:

  • Full legal name
  • Date of birth
  • Address
  • Unique identifying number from an acceptable identification document (e.g.,driver’s license,passport)

For company applicants,the⁣ reporting requirements are⁢ similar. The​ initial report must ⁢be filed⁢ within 90 calendar days of receiving notice of the company’s creation or registration. updates to reported⁢ information must be filed ​within 30 calendar days of‍ a change. FinCEN’s “what to Report” guide details‍ all required data points.

Penalties for​ Non-Compliance

Failure to ⁣comply ‍with ⁣the CTA can result in significant civil and ‍criminal penalties.Civil penalties can reach $5,500 per‌ violation, and criminal penalties can include imprisonment for up ​to two years and fines of up to $10,000. FinCEN’s guidance on penalties ​ outlines ​the potential ⁤consequences of non-compliance.

On January 19, 2024, the U.S. District Court for‍ the Northern District of Alabama‍ issued a ⁤ruling⁣ in Alabama Association of Realtors v. Yellen, challenging the constitutionality of ‍the CTA.However, ‍the ⁢Department of Justice has appealed this ruling, and FinCEN continues to enforce ⁤the BOI reporting requirements pending ⁣the outcome of ⁣the appeal. FinCEN’s statement on‍ the ⁢court ruling provides the latest ⁣updates.

Resources‍ and Further⁤ Information

The following resources provide additional information about the Corporate transparency Act:

  • FinCEN: Beneficial Ownership Information Rule

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