[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Rules and Regulations]
[Pages 30243-30244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2659]


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EXPORT-IMPORT BANK OF THE UNITED STATES

2 CFR Part 3513

12 CFR Part 413

RIN 3048-ZA03


Export-Import Bank of the United States Implementation of OMB 
Guidance on Nonprocurement Debarment and Suspension

AGENCY: Export-Import Bank of the United States.

ACTION: Direct final rule.

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SUMMARY: The Export-Import Bank of the United States (Ex-Im Bank) is 
establishing a new Part 3513 in 2 CFR that adopts the Office of 
Management and Budget's (OMB's) guidance in 2 CFR part 180, as 
supplemented by this new part, as Ex-Im Bank policies and procedures 
for nonprocurement debarment and suspension. Ex-Im Bank is also 
removing 12 CFR part 413, the part containing Ex-Im Bank's 
implementation of the government-wide common rule on nonprocurement 
debarment and suspension. 2 CFR part 3513 would serve the same purpose 
as the common rule in a simpler way. These changes constitute an 
administrative simplification that would make no substantive change in 
Ex-Im Bank policy or procedures for nonprocurement debarment and 
suspension.

DATES: The effective date for this final rule is July 2, 2007.

FOR FURTHER INFORMATION CONTACT: Brian J. Sonfield, Assistant General 
Council for Administration, 202-565-3439, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Ex-Im Bank's current regulation on nonprocurement suspension and 
debarment is found at 12 CFR part 413. The current regulation, issued 
November 26, 2003 (68 66568), is Ex-Im Bank's promulgation of the 
government-wide ``common rule'' on this subject.
    The Office of Management and Budget (OMB) published interim final 
guidance on nonprocurement debarment and suspension in the Federal 
Register on August 31, 2005 (70 FR 51863). On November 15, 2006, OMB 
published a final rule adopting the interim final guidance with changes 
(71 FR 66431). This guidance, located in 2 CFR part 180, is 
substantively the same as the common rule, but is published in a form 
that each agency can adopt, thus eliminating the need for each agency 
to publish its separate version of the same rule. It also facilitates 
the ability to update government-wide requirements without each agency 
having to re-promulgate its own rules.
    Ex-Im Bank is therefore establishing new 2 CFR Part 3513, which 
adopts as Ex-Import Bank's regulation the OMB guidance set forth at 2 
CFR part 180, supplemented by a few necessary agency-specific 
provisions. Current 12 CFR Part 413 is being removed. No substantive 
change in Ex-Im Bank's nonprocurement suspension and debarment 
regulation is intended by these actions.
    Ex-Im Bank is authorized and empowered to do a general banking 
business pursuant to its Charter, see 12 U.S.C. 635(a)(1), and its 
decisions whether or not to extend credit in particular cases are 
``committed to agency discretion by law,'' 5 U.S.C. 701(a)(2). Nothing 
contained in these regulations is intended to limit Ex-Im Bank's 
discretion to exercise any rights, privileges or recourse that Ex-Im 
Bank deems necessary to protect the interests and mission of Ex-Im Bank 
and the interests of the United States Government.

Executive Order 12866

    OMB has determined this rule to be non-significant.

Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))

    This regulatory action will not have a significant adverse impact 
on a substantial number of small entities.

Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4)

    This regulatory action does not contain a Federal mandate that will 
result in the expenditure by State, local, and tribal governments, in 
aggregate, or by the private sector of $100 million or more in any one 
year.

Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35)

    This regulatory action will not impose any additional reporting or 
recordkeeping requirements under the Paperwork Reduction Act.

Federalism (Executive Order 13132)

    This regulatory action does not have Federalism implications, as 
set forth in Executive Order 13132. It will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.

[[Page 30244]]

List of Subjects

2 CFR Part 3513

    Administrative practice and procedure, Debarment and suspension, 
Grant programs, Reporting and recordkeeping requirements.

12 CFR Part 413

    Administrative practice and procedure, Debarment and suspension, 
Government contracts, Loan programs, Reporting and recordkeeping 
requirements.


0
Accordingly, for the reasons stated in the preamble, and under the 
authority of 12 U..C. 635; Ex-Im Bank amends the Code of Federal 
Regulations, Title 2, Subtitle B, and Title 12, Chapter IV, as follows:



Title 2--Grants and Agreements

0
1. Add Chapter 35, consisting of part 3513, to Subtitle B to read as 
follows:

CHAPTER 35--EXPORT-IMPORT BANK OF THE UNITED STATES

PART 3513--NONPROCUREMENT DEBARMENT AND SUSPENSION

Sec.
3513.10 What does this part do?
3513.20 Does this part apply to me?
3513.30 What policies and procedures must I follow?
Subpart A--General
3513.137 Who at Ex-Im Bank may grant an exception to let an excluded 
person participate in a covered transaction?
Subpart B--Covered Transactions
3513.220 What contracts and subcontracts, in addition to those 
listed in 2 CFR 180.220, are covered transactions?
Subpart C--Responsibilities of Participants Regarding Transactions
3513.332 What methods must I use to pass requirements down to 
participants at lower tiers with whom I intend to do business?
Subpart D--Responsibilities of Federal Agency Officials Regarding 
Transactions
3513.437 What method do I use to communicate to a participate the 
requirements described in the OMB guidance at 2 CFR 180.435?
Subparts E-J--Reserved

    Authority: Sec. 2455, Pub. L. 103-355, 108 Stat. 3327; E.O. 
12549, 3 CFR, 1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989 Comp., p. 
235.


Sec.  3513.10  What does this part do?

    This part adopts the Office of Management and Budget (OMB) guidance 
in Subparts A through I of 2 CFR part 180, as supplemented by this 
part, as the Export Import Bank of the United States (Ex-Im Bank) 
policies and procedures for nonprocurement debarment and suspension. It 
thereby gives regulatory effect for Ex-Im Bank to the OMB guidance as 
supplemented by this part. This part satisfies the requirements in 
section 3 of Executive Order 12549, ``Debarment and Suspension'' (3 CFR 
1986 Comp., p. 189), Executive Order 12689, ``Debarment and 
Suspension'' (3 CFR 1989 Comp., p. 235) and 31 U.S.C. 6101 note 
(Section 2455, Pub. L. 103-355, 108 Stat. 3327).


Sec.  3513.20  Does this part apply to me?

    This part and, through this part, pertinent portions of the OMB 
guidance in Subparts A through I of 2 CFR part 180 (see table at 2 CFR 
180.100(b)) apply to you if you are a--
    (a) Participant or principal in a ``covered transaction'' (see 
Subpart B of 2 CFR part 180 and the definition of ``nonprocurement 
transaction'' at 2 CFR 180.970, as supplemented by Subpart B of this 
part).
    (b) Respondent in an Ex-Im Bank suspension or debarment action.
    (c) Ex-Im Bank debarment or suspension official;
    (d) Ex-Im Bank grants officer, agreements officer, or other 
official authorized to enter into any type of nonprocurement 
transaction that is a covered transaction;


Sec.  3513.30  What policies and procedures must I follow?

    Ex-Im Bank policies and procedures that you must follow are the 
policies and procedures specified in each applicable section of the OMB 
guidance in Subparts A through I of 2 CFR part 180, as that section is 
supplemented by the section in this part with the same section number. 
The contracts that are covered transactions, for example, are specified 
by section 220 of the OMB guidance (i.e., 2 CFR 180.220) as 
supplemented by section 220 in this pat (i.e., Sec.  3513.220). For any 
section of OMB guidance in Subparts A through I of 2 CFR 180 that has 
no corresponding section in this part, Ex-Im Bank policies and 
procedures are those in the OMB guidance.

Subpart A--General


Sec.  3513.137  Who in Ex-Im Bank may grant an exception to let an 
excluded person participate in a covered transaction?

    (a) The Ex-Im Bank agency head or designee may grant an exception 
permitting an excluded person to participate in a particular covered 
transacting. If the Ex-Im Bank agency head or designee grants an 
exception, the exception must be in writing and state the reason(s) for 
deviating from the government wide policy in Executive Order 12549.
    (b) An exception granted by one agency for an excluded person does 
not extend to the covered transactions of another agency.

Subpart B--Covered Transactions


Sec.  3513.220  What contracts and subcontracts, in addition to those 
listed in 2 CFR 180.220, are covered transactions?

    Although the OMB guidance at 2 CFR 180.220(c) allows a Federal 
agency to do so (also see optional lower tier coverage in the figure in 
the Appendix to 2 CFR part 180), Ex-Im Bank does not extend coverage of 
nonprocurement suspension and debarment requirements beyond first-tier 
procurement under a covered nonprocurement transaction.

Subpart C--Responsibilities of Participants Regarding Transactions


Sec.  3513.332  What methods must I use to pass requirements down to 
participants at lower tiers with whom I intend to do business?

    To communicate the requirements, you must include a term or 
condition in the transaction requiring the participants' compliance 
with subpart C of this part and requiring them to include a similar 
term or condition in lower-tiered covered transactions.

Subpart D--Responsibilities of Federal Agency Officials Regarding 
Transactions


Sec.  3513.437  What method do I use to communicate to a participant 
the requirements described in the OMB guidance at 2 CFR 180.435?

    To communicate to a participant the requirements described in 2 CFR 
180.435 of the OMB guidance, you must include a term or condition in 
the transaction that requires the participant's compliance with subpart 
C of 2 CFR part 180, as supplemented by Subpart C of this part, and 
requires the participant to include a similar term or condition in 
lower-tier covered transactions.

Subparts E-J--[Reserved]

Title 12--Banks and Banking

CHAPTER IV--EXPORT-IMPORT BANK OF THE UNITED STATES

PART 413--[Removed]

0
2. Remove Part 413.

    Dated: May 22, 2007.
Howard A. Schweitzer,
General Counsel.
[FR Doc. 07-2659 Filed 5-30-07; 8:45 am]
BILLING CODE 6690-01-M