[Federal Register Volume 64, Number 230 (Wednesday, December 1, 1999)]
[Proposed Rules]
[Pages 67446-67447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31125]



[[Page 67445]]

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Part IV





Department of Defense





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General Services Administration





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National Aeronautics and Space Administration





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48 CFR Parts 25 and 52



Federal Acquisition Regulation; Restrictions on Acquisitions From 
Yugoslavia and Afghanistan; Proposed Rule

  Federal Register / Vol 64, No. 230 / Wednesday, December 1, 1999 / 
Proposed Rules  

[[Page 67446]]



DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 25 and 52

[FAR Case 1999-008]
RIN 9000-AI54


Federal Acquisition Regulation; Restrictions on Acquisitions From 
Yugoslavia and Afghanistan

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are proposing to amend the 
Federal Acquisition Regulation (FAR) to implement Executive Orders 
13121 and 13129. These Executive orders prohibit the importation into 
the United States of any goods or services from Yugoslavia (Serbia and 
Montenegro) or the territory of Afghanistan controlled by the Taliban.

DATES: Interested parties should submit comments in writing on or 
before January 31, 2000 to be considered in the formulation of a final 
rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (MVRS), 1800 F Street, 
NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405.

Address e-mail comments submitted via the Internet to: farcase.1999-
[email protected].

Please submit comments only and cite FAR case 1999-008 in all 
correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC 20405 at (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 FAR case 1999-008.

SUPPLEMENTARY INFORMATION:

A. Background

    This rule proposes to amend FAR 25.70(a) and the clauses at FAR 
52.212-5, Contract Terms and Conditions Required to Implement Statutes 
or Executive Orders--Commercial Items, and FAR 52.225-11, Restrictions 
on Certain Foreign Purchases, to implement Executive Order 13121 of 
April 30, 1999, and Executive Order 13129 of July 4, 1999. These 
Executive orders prohibit the importation into the United States of any 
goods or services from Yugoslavia (Serbia and Montenegro) or the 
territory of Afghanistan controlled by the Taliban. As a matter of 
policy, the Government does not acquire, even for overseas use, 
supplies or services that cannot be imported lawfully into the United 
States.
    This rule was not subject to Office of Management and Budget review 
under section 6(b) of Executive Order 12866, Regulatory Planning and 
Review, dated September 30, 1993. This rule is not a major rule under 5 
U.S.C. 804.

B. Regulatory Flexibility Act

    This proposed rule is not expected to 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 it only 
applies to acquisition of items from Yugoslavia or Afghanistan. An 
Initial Regulatory Flexibility Analysis has, therefore, not been 
performed. Comments are invited from small businesses and other 
interested parties. The Councils will consider comments from small 
entities concerning the affected FAR Subparts 25 and 52 in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 601, et seq. (FAR case 1999-008), 
in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that 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: November 24, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
    Therefore, DoD, GSA, and NASA propose that 48 CFR parts 25 and 52 
be 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. Revise paragraph 25.701(a) to read as follows:


25.701  Restrictions.

    (a) The Government generally does not acquire supplies or services 
that cannot be imported lawfully into the United States. Therefore, 
even for overseas use, agencies and their contractors and 
subcontractors must 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);
    (5) North Korea (31 CFR part 500);
    (6) Sudan (31 CFR part 538);
    (7) Territory of Afghanistan controlled by the Taliban (Executive 
order 13129); or
    (8) Yugoslavia (Serbia and Montenegro) (Executive Order 13121).
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. In section 52.212-5, revise the date of the clause; redesignate 
paragraph (a)(2) as (a)(3); add new paragraph (a)(2); and amend newly 
designated paragraph (a)(3) by removing ``U.S.C'' and adding ``U.S.C.'' 
in its place. The revised text read as follows:


52.212-5  Contract Terms and Conditions Required to Implement Statutes 
or Executive Orders--Commercial Items.

* * * * *

Contract Terms and Conditions Required to Implement Statutes or 
Executive Orders--Commercial Items (Date)

    (a) * * *
    (2) 52.225-11, Restrictions on Certain Foreign Purchases (E.O.'s 
12722, 12724, 13059, 13067, 13121, and 13129); and
* * * * *
    4. In section 52.225-11, revise the date of the clause and 
paragraph (a); in paragraph (b) remove ``Government'' and insert 
``government'' in its place; and revise paragraph (c) to read as 
follows:


52.225-11  Restrictions on Certain Foreign Purchases.

* * * * *

Restrictions on Certain Foreign Purchases (Date)

    (a) 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

[[Page 67447]]

States under regulations of the Office of Foreign Assets Control, 
Department of the Treasury. Those countries are Cuba, Iran, Iraq, 
Libya, North Korea, Sudan, the territory of Afghanistan controlled 
by the Taliban, and Yugoslavia (Serbia and Montenegro).
* * * * *
    (c) The Contractor shall insert this clause, including this 
paragraph (c), in all subcontracts.

(End of clause)

[FR Doc. 99-31125 Filed 11-30-99; 8:45 am]
BILLING CODE 6820-EP-M