[Federal Register Volume 61, Number 154 (Thursday, August 8, 1996)]
[Rules and Regulations]
[Pages 41475-41476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20188]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 25 and 52
[FAC 90-41; FAR Case 95-303; Item IV]
RIN 9000-AG82
Federal Acquisition Regulation; Restrictions on Certain Foreign
Purchases
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed on a final rule to amend
the Federal Acquisition Regulation (FAR) Parts 25 and 52 to implement
Executive Order 12959, Prohibiting Certain Transactions with Respect to
Iran, and to conform the FAR to other current restrictions of the
Department of the Treasury. This regulatory action was not subject to
Office of Management and Budget review under Executive Order 12866,
dated September 30, 1993, and is not a major rule under 5 U.S.C. 804.
EFFECTIVE DATE: October 7, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Peter O'Such, at (202) 501-1759 in
reference to this FAR case. For general information, contact the FAR
Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-41, FAR case 95-303.
SUPPLEMENTARY INFORMATION:
A. Background-
This final rule amends FAR Parts 25 and 52 to implement Executive
Order
[[Page 41476]]
12959, Prohibiting Certain Transactions with Respect to Iran, which
became effective May 6, 1995, and to conform the FAR to current
restrictions in 31 CFR Chapter V (Office of Foreign Assets Control,
Department of the Treasury). Subpart 25.7 and the clause at 52.225-11
are revised to add Iran and Libya to the list of prohibited sources,
and to delete restrictions on procurement from Vietnam, Cambodia, and
South Africa. A proposed rule was published in the Federal Register on
February 22, 1996, at 61 FR 6910. No public comments were received. No
changes were made to the proposed rule.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., because the rule does not
impose any new requirements on contractors, large or small. The rule
merely notifies contractors of changes in the existing prohibitions
against transactions with certain countries. This change should have
minimal impact on U.S. firms. There were no public comments in response
to the Regulatory Flexibility Act Statement published with the proposed
rule.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of the Office of
Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 25 and 52
Government procurement.
Dated: August 2, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Parts 25 and 52 are amended as set forth below:
1. The authority citation for 48 CFR Parts 25 and 52 continues to
read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 25--FOREIGN ACQUISITION-
2. Subpart 25.7 is revised to read as follows:
Subpart 25.7--Restrictions on Certain Foreign Purchases
Sec.
25.701 Restrictions.
25.702 Contract clause.
25.701 Restrictions.
(a) The Government does not acquire supplies or services from
foreign governments or their organizations when these supplies or
services cannot be imported lawfully into the United States. Therefore,
agencies and their contractors and subcontractors shall not acquire any
supplies or services originating from sources within, or that were
located in or transported from or through--
(1) Cuba (31 CFR part 515);
(2) Iran (31 CFR part 560);
(3) Iraq (31 CFR part 575);
(4) Libya (31 CFR part 550); or
(5) North Korea (31 CFR part 500).
(b) Agencies and their contractors and subcontractors shall not
acquire any supplies or services from entities controlled by the
Government of Iraq (Executive Orders 12722 and 12724).
(c) Questions concerning these restrictions should be referred to
the Department of the Treasury, Office of Foreign Assets Control,
Washington, DC 20220, (202) 622-2520.
25.702 Contract clause.
The contracting officer shall insert the clause at 52.225-11,
Restrictions on Certain Foreign Purchases, in solicitations and
contracts over $2,500.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Section 52.225-11 is revised to read as follows:
52.225-11 Restrictions on Certain Foreign Purchases.
As prescribed in 25.702, insert the following clause:
Restrictions on Certain Foreign Purchases
October 7, 1996
(a) Unless advance written approval of the Contracting Officer
is obtained, the Contractor shall not acquire, for use in the
performance of this contract, any supplies or services originating
from sources within, or that were located in or transported from or
through, countries whose products are banned from importation into
the United States under regulations of the Office of Foreign Assets
Control, Department of the Treasury. Those countries include Cuba,
Iran, Iraq, Libya, and North Korea.
(b) The Contractor shall not acquire for use in the performance
of this contract any supplies or services from entities controlled
by the Government of Iraq.
(c) The Contractor agrees to insert the provisions of this
clause, including this paragraph (c), in all subcontracts hereunder.
(End of clause)
[FR Doc. 96-20188 Filed 8-7-96; 8:45 am]
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