[Federal Register Volume 62, Number 236 (Tuesday, December 9, 1997)]
[Rules and Regulations]
[Pages 64929-64930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31818]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 25

[FAC 97-03; FAR Case 97-021; Item V]
RIN 9000-AH80


Federal Acquisition Regulation; Reporting Trade Sanction 
Exemptions

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 amending 
the Federal Acquisition Regulation (FAR) to revise the reporting 
requirements for trade sanction exemptions. 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: February 9, 1998.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC 20405, (202) 501-4755, for information 
pertaining to status or publication schedules. For clarification of 
content, contact Mr. Paul Linfield, Procurement Analyst, at (202) 501-
1757. Please cite FAC 97-03, FAR case 97-021.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends FAR Subpart 25.10 to eliminate requirements 
for agencies to notify Congress when exercising the authority at FAR 
25.1002(c) for exemption of certain procurements from the trade 
sanctions imposed by the President. The rule instead requires agencies 
to notify the United States Trade Representative (USTR) of such 
exemptions within 30 days after contract award. FAR Subpart 25.10 
implements sanctions imposed by the President (58 FR 31136, May 28, 
1993) pursuant to the Trade Agreements Act (10 U.S.C. 2515), as amended 
by Title VII of Public Law 100-418 (The Buy American Act of 1988). The 
Buy American Act of 1988 also amended 41 U.S.C. 10b-1 to permit agency 
heads to waive application of the sanctions for certain contracts after 
providing notification to Congress.
    The Buy American Act of 1988 included a sunset provision (Section 
7004) by which amendments to 19 U.S.C. 2515 and 41 U.S.C. 10b-1 expired 
on April 30, 1996. However, the sanctions imposed by the President 
remain in effect until the President amends or terminates them. The 
requirement to notify Congress is no longer in effect. Since the USTR 
is delegated by the President with administering the sanctions, the 
requirement to notify the USTR has been retained.

B. Regulatory Flexibility Act

    The final rule does not constitute a significant FAR revision 
within the meaning of FAR 1.501 and Public Law 98-577, and publication 
for public comments is not required. However, comments from small 
entities concerning the affected FAR subpart will be considered in 
accordance with 5 U.S.C. 610. Such comments must be submitted 
separately and should cite 5 U.S.C. 601, et seq. (FAC 97-03, FAR case 
97-021), in correspondence.

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 Part 25

    Government procurement.

    Dated: December 1, 1997.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, 48 CFR part 25 is amended as set forth below:

PART 25--FOREIGN ACQUISITION

    1. The authority citation for 48 CFR Part 25 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).

    2. Section 25.1000 is revised to read as follows:

[[Page 64930]]

25.1000  Scope of subpart.

    This subpart implements sanctions imposed by the President (58 FR 
31136, May 28, 1993) pursuant to section 305(g)(1) of the Trade 
Agreements Act of 1979, as amended (19 U.S.C. 2515(g)(1)). These 
sanctions apply to countries that discriminate against U.S. products or 
services in Government procurement. This subpart does not apply to the 
Department of Defense. For thresholds that are unique to individual 
agencies (e.g., Power Marketing Administration of the Department of 
Energy), see agency regulations.
    3. Section 25.1002 is amended by revising paragraph (c)(2) to read 
as follows:


25.1002  Trade sanctions.

* * * * *
    (c) * * *
    (2) When a determination is made according to this paragraph (c), 
the agency shall notify the United States Trade Representative within 
30 days after contract award.
* * * * *
[FR Doc. 97-31818 Filed 12-8-97; 8:45 am]
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