[Federal Register Volume 86, Number 186 (Wednesday, September 29, 2021)]
[Rules and Regulations]
[Pages 53882-53883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20940]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 252
[Docket DARS-2021-0019]
RIN 0750-AL46
Defense Federal Acquisition Regulation Supplement: Department of
State Rescission of Determination Regarding Sudan (DFARS Case 2021-
D027)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement the December 14,
2020, rescission by the Department of State of the designation of Sudan
as a state sponsor of terrorism.
DATES: Effective September 29, 2021.
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Bass, telephone 703-372-
6174.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule implements the rescission by the Department of
State of the designation of Sudan as a state sponsor of terrorism and
the Department of State Public Notice: 11281, Rescission of
Determination Regarding Sudan, announcing the removal of Sudan from the
U.S. list of state sponsors of terrorism, effective December 14, 2020.
The Department of State's action was based on the Presidential Report
of October 26, 2020, to Congress, indicating the Administration's
intent to rescind the designation of Sudan as a state sponsor of
terrorism, including the certification that Sudan has not provided any
support for international terrorism during the previous six months and
that Sudan has provided assurance that it will not support acts of
international terrorism in the future.
The Department of State's rescission also satisfies the provisions
of section 620A(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2371(c)), section 40(f) of the Arms Export Control Act (22 U.S.C.
2780(f)), and, to the extent applicable, section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)) and continued in
effect by Executive Order (E.O.) 13222, as amended by E.O. 13637 of
March 8, 2013.
Consistent with the December 14, 2020, action, Sudan is removed
from the list of countries that are state sponsors of terrorism.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the Federal
Acquisition Regulation (FAR) is 41 U.S.C. 1707, Publication of Proposed
Regulations. Subsection (a)(1) of the statute requires that a
procurement policy, regulation, procedure, or form (including an
amendment or modification thereof) must be published for public comment
if it relates to the expenditure of appropriated funds and has either a
significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure, or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment,
because it only removes Sudan from the list of countries that fall
within the DFARS definition of ``state sponsor of terrorism,''
consistent with the December 14, 2020, rescission of the designation by
the Secretary of State.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule amends the solicitation provision at DFARS 252.225-7050,
Disclosure of Ownership or Control by the Government of a Country that
is a State Sponsor of Terrorism, and the contract clause at DFARS
252.225-7051, Prohibition on Acquisition of Certain Foreign Commercial
Satellite Services. The rule only removes Sudan from the list of
countries in the DFARS definition of ``state sponsor of terrorism,''
consistent with the December 14, 2020, rescission of the designation by
the Secretary of State. This rule does not change the applicability of
the affected solicitation provision, which is included in solicitations
and contracts that exceed $150,000 for commercial items (other than
commercial satellite services), including commercially available off-
the-shelf items; and the affected contract clause, which is included in
solicitations and contracts for the acquisition of commercial satellite
services, including solicitations and contracts for commercial items.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the
[[Page 53883]]
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. This is not a
significant regulatory action and, therefore, was not subject to review
under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated
September 30, 1993.
V. Congressional Review Act
As required by the Congressional Review Act (5 U.S.C. 801-808)
before an interim or final rule takes effect, DoD will submit a copy of
the final rule with the form, Submission of Federal Rules under the
Congressional Review Act, to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States. A
major rule under the Congressional Review Act cannot take effect until
60 days after it is published in the Federal Register. The Office of
Information and Regulatory Affairs has determined that this rule is not
a major rule as defined by 5 U.S.C. 804.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
VII. Paperwork Reduction Act
This rule affects the information collection requirements in the
provision at DFARS 252.225-7050 currently approved under OMB Control
Number 0704-0187, entitled Information Collection in Support of the DoD
Acquisition Process (Various Miscellaneous Requirements), in accordance
with the Paperwork Reduction Act (44 U.S.C. chapter 35). The impact,
however, is negligible, because this rule only changes the definition
of ``state sponsor of terrorism'' to remove Sudan from the list of
countries in the definition. Overall, the rule does not impose any
additional compliance requirements on contractors or process procedures
for the Government.
List of Subjects in 48 CFR Parts 225 and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 225 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 225 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 225--FOREIGN ACQUISITION
0
2. Amend section 225.772-1 by revising the definition of ``State
sponsor of terrorism'' to read as follows:
225.772-1 Definitions.
* * * * *
State sponsor of terrorism means a country determined by the
Secretary of State, under section 1754(c)(1)(A)(i) of the Export
Control Reform Act of 2018 (Title XVII, Subtitle B, of the National
Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232), to be
a country the government of which has repeatedly provided support for
acts of international terrorism. As of December 14, 2020, state
sponsors of terrorism include Iran, North Korea, and Syria. (10 U.S.C.
2327)
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 252.225-7050 by--
0
a. Revising the provision date;
0
b. In paragraph (a)--
0
i. In the definition of ``Significant interest'' by redesignating
paragraphs (i) through (v) as paragraphs (1) through (5), respectively;
and
0
ii. In the definition of ``State sponsor of terrorism'' by removing
``include:'' and adding ``include'' in its place and removing
``Sudan,''.
The revision reads as follows:
252.225-7050 Disclosure of Ownership or Control by the Government of
a Country that is a State Sponsor of Terrorism.
* * * * *
Disclosure of Ownership or Control by the Government of a Country that
is a State Sponsor of Terrorism (SEP 2021)
* * * * *
0
4. Amend section 252.225-7051 by--
0
a. Revising the clause date;
0
b. In paragraph (a)--
0
i. In the definition of ``Covered foreign country'' by redesignating
paragraphs (i) through (iv) as paragraphs (1) through (4),
respectively;
0
ii. In the definition of ``Foreign entity'' by redesignating paragraphs
(i) and (ii) as (1) and (2), respectively; and in the newly
redesignated paragraph (2) by removing ``paragraph (i)'' and adding
``paragraph (1)'' in its place;
0
iii. In the definition of ``State sponsor of terrorism'' by removing
``include:'' and adding ``include'' in its place and removing
``Sudan,''; and
0
iv. In paragraph (b)(2)(ii)(B)(1), by adding ``or'' at the end of the
sentence.
The revision reads as follows:
252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial
Satellite Services.
* * * * *
Prohibition on Acquisition of Certain Foreign Commerical Satellite
Services (SEP 021)
* * * * *
[FR Doc. 2021-20940 Filed 9-28-21; 8:45 am]
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