[Federal Register Volume 71, Number 1 (Tuesday, January 3, 2006)]
[Rules and Regulations]
[Pages 224-225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24553]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 25 and 52

[FAC 2005-07; FAR Case 2005-026; Item VIII]
RIN 9000-AK37


Federal Acquisition Regulation; Removal of Sanctions Against 
Libya

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 (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to implement 
Executive Order 13357, which removed sanctions against Libya.

DATES: Effective Date: February 2, 2006.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Kimberly Marshall, Procurement Analyst, at (202) 219-0986. Please 
cite FAC 2005-07, FAR case 2005-026. For information pertaining to 
status or publication schedules, contact the FAR Secretariat at (202) 
501-4755.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends FAR Subpart 25.7, Prohibited Sources, and 
the clause at 52.225-13, Restrictions on Certain Foreign Purchases, by 
removing Libya from the list of countries sanctioned by

[[Page 225]]

the Department of the Treasury, Office of Foreign Assets Control 
(OFAC).
    On September 20, 2004, the President signed Executive Order 13357 
terminating the national emergency declared in Executive Order 12543 of 
January 7, 1986, with respect to the policies and actions of the 
Government of Libya and revoking that Order, as well as revoking 
Executive Order 12544 of January 8, 1986, and Executive Order 12801 of 
April 15, 1992, all of which imposed sanctions against Libya in 
response to the national emergency. This Executive Order 13357 also 
revoked Executive Order 12538 of November 15, 1985, which prohibited 
the importation into the United States of petroleum products refined in 
Libya. Upon issuance of Executive Order 13357, OFAC issued notice that 
the prohibitions of the Libyan Sanctions Regulations, 31 CFR part 550, 
would be lifted as of September 21, 2004. OFAC has confirmed that there 
are no more sanctions against Libya. At a later date, OFAC will add a 
note to the Libya Sanction Regulations (LSR) to notify the public that 
those regulations are no longer in effect. In their view, Executive 
Order 13357, their issuance of a press release, and a statement on 
their official website that the regulations lifted are sufficient 
authorization until they publish a notice in the Federal Register.
    This final rule also makes conforming changes to the clause dates 
in the clauses at 52.212-5, Contract Terms and Conditions Required to 
Implement Statutes or Executive Orders-Commercial Items, and 52.213-4, 
Terms and Conditions-Simplified Acquisition (Other than Commercial 
Items), and updates the OFAC websites.
    This is not a significant regulatory action and, therefore, was not 
subject to 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

    The Regulatory Flexibility Act does not apply to this rule. This 
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, the Councils will consider comments 
from small entities concerning the affected FAR Parts 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. (FAC 2005-07, 
FAR case 2005-026), 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: December 22, 2005.
Gerald Zaffos,
Director, Contract Policy Division.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 25 and 52 as set forth 
below:
0
1. The authority citation for 48 CFR parts 25 and 52 continues to read 
as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 25--FOREIGN ACQUISITION


25.701  [Amended]

0
2. Amend section 25.701 by removing from the first sentence of 
paragraph (b) ``Libya,''; removing from the second sentence ``http://www.epls.gov/TerList1.html'' and adding ``http://www.treas.gov/offices/enforcement/ofac/sdn'' in its place; and removing from the third 
sentence ``http://www.treas.gov/ofac'' and adding ``http://www.treas.gov/offices/enforcement/ofac'' in its place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.212-5  [Amended]

0
3. Amend section 52.212-5 by removing from the heading of the clause 
``(SEP 2005)'' and adding ``(FEB 2006)'' in its place; and removing 
from paragraph (b)(26) of the clause ``(MAR 2005)'' and adding ``(FEB 
2006)'' in its place.


52.213-4  [Amended]

0
4. Amend section 52.213-4 by--
0
a. Removing from the heading of the clause ``(JUL 2005)'' and adding `` 
(FEB 2006)''in its place; and
0
b. Removing from paragraph (a)(1)(iv) of the clause ``(MAR 2005)'' and 
adding ``(FEB 2006)'' in its place.


52.225-13  [Amended]

0
5. Amend section 52.225-13 by--
0
a. Removing from the heading of the clause ``(MAR 2005)'' and adding 
``(FEB 2006) ''in its place; and
0
b. Removing from the first sentence of paragraph (b) of the clause 
``Libya,''; removing from the second sentence ``http://epls.arnet.gov/
News.html'' and adding ``http://www.treas.gov/offices/enforcement/ofac/sdn'' in its place; and removing from the third sentence ``http://www.treas.gov/ofac'' and adding ``http://www.treas.gov/offices/enforcement/ofac'' in its place.
[FR Doc. 05-24553 Filed 12-30-05; 8:45 am]
BILLING CODE 6820-EP-S