[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]
BILLING CODE 5001-06-P