[Federal Register Volume 67, Number 19 (Tuesday, January 29, 2002)]
[Rules and Regulations]
[Page 4209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2055]


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DEPARTMENT OF DEFENSE

48 CFR Part 225

[DFARS Case 2001-D019]


Defense Federal Acquisition Regulation Supplement; Memorandum of 
Understanding--Switzerland

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to reflect a determination of 
the Deputy Secretary of Defense that it is inconsistent with the public 
interest to apply the restrictions of the Buy American Act to the 
acquisition of defense equipment produced or manufactured in 
Switzerland.

EFFECTIVE DATE: January 29, 2002.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations Council, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0288; 
facsimile (703) 602-0350. Please cite DFARS Case 2001-D019.

SUPPLEMENTARY INFORMATION:

A. Background

    A memorandum of understanding between the Government of the Swiss 
Confederation and the Government of the United States provides for both 
governments to remove barriers to procurements of conventional defense 
supplies produced in the other country, and to accord to industries in 
the other country treatment no less favorable in relation to 
procurement than is accorded to industries of its own country. 
Therefore, DoD has determined that it is inconsistent with the public 
interest to apply the restrictions of the Buy American Act to the 
acquisition of defense equipment produced or manufactured in 
Switzerland. This final rule amends DFARS 225.872-1 to add Switzerland 
to the list of countries for which DoD has made such public interest 
determinations, and to remove Switzerland from the list of countries 
for which exemption from the Buy American Act is permitted only on a 
purchase-by-purchase basis.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This final rule will not have a significant effect beyond the 
internal operating procedures of DoD. Therefore, publication for public 
comment is not required. However, DoD will consider comments from small 
entities concerning the affected DFARS subpart in accordance with 5 
U.S.C. 610. Such comments should cite DFARS Case 2001-D019.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose any 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 Part 225

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Part 225 is amended as follows:
    1. The authority citation for 48 CFR Part 225 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 225--FOREIGN ACQUISITION


225.872-1  [Amended]

    2. Section 225.872-1 is amended as follows:
    a. In paragraph (a) by adding, in alphabetical order, 
``Switzerland'' to the list of countries; and
    b. In paragraph (b) by removing ``Switzerland'' from the list of 
countries.

[FR Doc. 02-2055 Filed 1-28-02; 8:45 am]
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