Defense Federal Acquisition Regulation Supplement; List of Firms Owned or Controlled by the Government of a Terrorist Country (DFARS Case 2008-D025), 2413 [E9-670]
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Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations
(b) After receipt of a notification submitted
in accordance with paragraph (a) of this
clause, the DoD Program Manager will—
(1) Conduct a security assessment to
determine if and by what means access may
be granted to the IAEA; or
(2) Provide written justification to the
component or agency treaty office for a
national security exclusion, in accordance
with DoD Instruction 2060.03, Application of
the National Security Exclusion to the
Agreements Between the United States of
America and the International Atomic Energy
Agency for the Application of Safeguards in
the United States of America. DoD will notify
the Contractor if a national security exclusion
is applied at the Contractor’s location to
prohibit access by the IAEA.
(c) If the DoD Program Manager determines
that a security assessment is required—
(1) DoD will, at a minimum—
(i) Notify the Contractor that DoD officials
intend to conduct an assessment of
vulnerabilities to IAEA inspections or visits;
(ii) Notify the Contractor of the time at
which the assessment will be conducted, at
least 30 days prior to the assessment;
(iii) Provide the Contractor with advance
notice of the credentials of the DoD officials
who will conduct the assessment; and
(iv) To the maximum extent practicable,
conduct the assessment in a manner that
does not impede or delay operations at the
Contractor’s facility; and
(2) The Contractor shall provide access to
the site and shall cooperate with DoD
officials in the assessment of vulnerabilities
to IAEA inspections or visits.
(d) Following a security assessment of the
Contractor’s facility, DoD officials will notify
the Contractor as to—
(1) Whether the Contractor’s facility has
any vulnerabilities where potentially
declarable activities under the U.S.-IAEA AP
are taking place;
(2) Whether additional security measures
are needed; and
(3) Whether DoD will apply a national
security exclusion.
(e) If DoD applies a national security
exclusion, the Contractor shall not grant
access to IAEA inspectors.
(f) If DoD does not apply a national
security exclusion, the Contractor shall apply
managed access to prevent disclosure of
program activities, locations, or information
in the U.S. declaration.
(g) The Contractor shall not delay
submission of any reports required by the
Department of Commerce or the Nuclear
Regulatory Commission while awaiting a
DoD response to a notification provided in
accordance with this clause.
(h) The Contractor shall incorporate the
substance of this clause, including this
paragraph (h), in all subcontracts that are
subject to the provisions of the U.S.-IAEA
AP.
(End of clause)
[FR Doc. E9–671 Filed 1–14–09; 8:45 am]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 209
RIN 0750–AG22
Defense Federal Acquisition
Regulation Supplement; List of Firms
Owned or Controlled by the
Government of a Terrorist Country
(DFARS Case 2008–D025)
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to address procedures for
notifying the appropriate DoD office of
any information indicating that a firm or
a subsidiary of a firm may be owned or
controlled by the Government of a
terrorist country. The notifications will
facilitate maintenance of a list of such
firms, as required by statute.
DATES: Effective Date: January 15, 2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–0328;
facsimile 703–602–7887. Please cite
DFARS Case 2008–D025.
SUPPLEMENTARY INFORMATION:
procedures of DoD. Therefore,
publication for public comment under
41 U.S.C. 418b is not required.
However, DoD will consider comments
from small entities concerning the
affected DFARS subpart in accordance
with 5 U.S.C. 610. Such comments
should cite DFARS Case 2008–D025.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the rule does not
impose any 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 Part 209
Government procurement.
SUMMARY:
A. Background
10 U.S.C. 2327(d) requires DoD to
develop and maintain a list of all firms,
and subsidiaries of firms, that are
owned or controlled by the government
of a terrorist country and that, therefore,
are subject to a prohibition on DoD
contract awards.
To facilitate maintenance of the list
required by 10 U.S.C. 2327(d), this final
rule amends DFARS 209.104–1 and
209.104–70 to address DoD procedures
for forwarding, to the appropriate office,
any information indicating that a firm or
a subsidiary of a firm may be owned or
controlled by the government of a
terrorist country.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
This rule will not have a significant
cost or administrative impact on
contractors or offerors, or a significant
effect beyond the internal operating
PO 00000
Frm 00121
Fmt 4700
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2413
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 209 is
amended as follows:
■
PART 209—CONTRACTOR
QUALIFICATIONS
1. The authority citation for 48 CFR
part 209 continues to read as follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Section 209.104–1 is amended by
adding paragraph (g)(i)(C) to read as
follows:
■
209.104–1
General standards.
*
*
*
*
*
(g)(i) * * *
(C) Forward any information
indicating that a firm or a subsidiary of
a firm may be owned or controlled by
the government of a terrorist country,
through agency channels, to: Deputy
Director, Defense Procurement (Contract
Policy and International Contracting,
OUSD(AT&L)DPAP(CPIC)), 3060
Defense Pentagon, Washington, DC
20301–3060.
*
*
*
*
*
3. Section 209.104–70 is amended in
paragraph (a) by revising the second
sentence to read as follows:
■
209.104–70
Solicitation provisions.
(a) * * * Any disclosure that the
government of a terrorist country has a
significant interest in an offeror or a
subsidiary of an offeror shall be
forwarded through agency channels to
the address at 209.104–1(g)(i)(C).
*
*
*
*
*
[FR Doc. E9–670 Filed 1–14–09; 8:45 am]
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[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Page 2413]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-670]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 209
RIN 0750-AG22
Defense Federal Acquisition Regulation Supplement; List of Firms
Owned or Controlled by the Government of a Terrorist Country (DFARS
Case 2008-D025)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to address procedures for
notifying the appropriate DoD office of any information indicating that
a firm or a subsidiary of a firm may be owned or controlled by the
Government of a terrorist country. The notifications will facilitate
maintenance of a list of such firms, as required by statute.
DATES: Effective Date: January 15, 2009.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0328; facsimile
703-602-7887. Please cite DFARS Case 2008-D025.
SUPPLEMENTARY INFORMATION:
A. Background
10 U.S.C. 2327(d) requires DoD to develop and maintain a list of
all firms, and subsidiaries of firms, that are owned or controlled by
the government of a terrorist country and that, therefore, are subject
to a prohibition on DoD contract awards.
To facilitate maintenance of the list required by 10 U.S.C.
2327(d), this final rule amends DFARS 209.104-1 and 209.104-70 to
address DoD procedures for forwarding, to the appropriate office, any
information indicating that a firm or a subsidiary of a firm may be
owned or controlled by the government of a terrorist country.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
This rule will not have a significant cost or administrative impact
on contractors or offerors, or a significant effect beyond the internal
operating procedures of DoD. Therefore, publication for public comment
under 41 U.S.C. 418b is not required. However, DoD will consider
comments from small entities concerning the affected DFARS subpart in
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case
2008-D025.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because the rule does
not impose any 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 Part 209
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 209 is amended as follows:
PART 209--CONTRACTOR QUALIFICATIONS
0
1. The authority citation for 48 CFR part 209 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
0
2. Section 209.104-1 is amended by adding paragraph (g)(i)(C) to read
as follows:
209.104-1 General standards.
* * * * *
(g)(i) * * *
(C) Forward any information indicating that a firm or a subsidiary
of a firm may be owned or controlled by the government of a terrorist
country, through agency channels, to: Deputy Director, Defense
Procurement (Contract Policy and International Contracting,
OUSD(AT&L)DPAP(CPIC)), 3060 Defense Pentagon, Washington, DC 20301-
3060.
* * * * *
0
3. Section 209.104-70 is amended in paragraph (a) by revising the
second sentence to read as follows:
209.104-70 Solicitation provisions.
(a) * * * Any disclosure that the government of a terrorist country
has a significant interest in an offeror or a subsidiary of an offeror
shall be forwarded through agency channels to the address at 209.104-
1(g)(i)(C).
* * * * *
[FR Doc. E9-670 Filed 1-14-09; 8:45 am]
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