[Federal Register Volume 90, Number 97 (Wednesday, May 21, 2025)]
[Notices]
[Pages 21738-21739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09139]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[250514-0088]
RIN 0694-XC123


Reporting for Calendar Year 2024 on Offsets Agreements Related to 
Sales of Defense Articles or Defense Services to Foreign Countries or 
Foreign Firms

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Notice; annual reporting requirements.

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SUMMARY: This notice is to remind the public that U.S. firms are 
required to report annually to the Department of Commerce (Commerce) 
information on contracts for the sale of defense articles or defense 
services to foreign countries or foreign firms that are subject to 
offsets agreements exceeding $5,000,000 in value. U.S. firms are also 
required to report annually to Commerce information on offsets 
transactions completed in performance of existing offsets commitments 
for which an offsets credit of $250,000 or more has been claimed from 
the foreign representative. This year, such reports must include 
relevant information from calendar year 2024 and must be submitted to 
Commerce no later than June 15, 2025.

ADDRESSES: Submit reports in both hard copy and electronically. Address 
the hard copy to ``Offsets Program Manager, U.S. Department of 
Commerce, Office of Strategic Industries and Economic Security, Bureau 
of Industry and Security (BIS), 1401 Constitution Ave. NW, Washington, 
DC 20230, Room 3876, Washington, DC 20230.'' Submit electronic copies 
to [email protected].

DATES: Reports must include relevant information from calendar year 
2024 and must be submitted to Commerce no later than June 15, 2025.

FOR FURTHER INFORMATION CONTACT: Katie Reid, Office of Strategic 
Industries and Economic Security, Bureau of Industry and Security, U.S. 
Department of Commerce, telephone: 202-482-4506; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Section 723(a)(1) of the Defense Production Act of 1950, as amended 
(DPA) (50 U.S.C. 4568), requires the President to submit an annual 
report to Congress on the impact of offsets on the U.S. defense 
industrial base. Section 723(a)(2) of the DPA directs the Secretary of 
Commerce (Secretary) to prepare the President's report and to develop 
and administer the regulations necessary to collect offsets data from 
U.S. defense exporters.
    The authorities of the Secretary regarding offsets have been 
delegated to the Under Secretary of Commerce for Industry and Security. 
The regulations associated with offsets reporting are set forth in 15 
CFR part 701 (Offsets Regulations). Offsets are compensation practices 
required as a condition of purchase in either government-to-government 
or commercial sales of defense articles and/or defense services, as 
defined by the Arms Export Control Act (22 U.S.C. 2778) and the 
International Traffic in Arms Regulations (22 CFR 120 through 130). 
Offsets are also applicable to certain items controlled on the Commerce 
Control list (CCL) and with an Export Control Classification Number 
(ECCN) including the numeral ``6'' as its third character. The CCL is 
found in supplement no. 1 to part 774 of the Export Administration 
Regulations (EAR).
    An example of an offset is as follows: a company that is selling a 
fleet of military aircraft to a foreign government may agree to offset 
the cost of the aircraft by providing training assistance to plant 
managers in the purchasing

[[Page 21739]]

country. Although this distorts the true price of the aircraft, the 
foreign government may require this sort of extra compensation as a 
condition of awarding the contract to purchase the aircraft. As 
described in the Offsets Regulations, U.S. firms are required to report 
information on contracts for the sale of defense articles or defense 
services to foreign countries or foreign firms that are subject to 
offsets agreements exceeding $5,000,000 in value. U.S. firms are also 
required to report annually information on offsets transactions 
completed in performance of existing offsets commitments for which an 
offsets credit of $250,000 or more has been claimed from the foreign 
representative.
    Commerce's annual report to Congress includes an aggregated summary 
of the data reported by industry in accordance with the Offsets 
Regulations and the DPA (50 U.S.C. 4568). As provided by section 723(c) 
of the DPA, BIS will not publicly disclose individual firm information 
it receives through offsets reporting unless the firm furnishing the 
information specifically authorizes public disclosure. The information 
collected is sorted and organized into an aggregate report of national 
offsets data and therefore does not identify company-specific 
information.
    To enable BIS to prepare the next annual offsets report reflecting 
calendar year 2024 data, affected U.S. firms must submit required 
information on offsets agreements and offsets transactions from 
calendar year 2024 to BIS no later than June 15, 2025.

Julia Khersonsky,
Deputy Assistant Secretary for Strategic Trade.
[FR Doc. 2025-09139 Filed 5-20-25; 8:45 am]
BILLING CODE 3510-JT-P