Reporting for Calendar Year 2010 on Offsets Agreements Related to Sales of Defense Articles or Defense Services to Foreign Countries or Foreign Firms, 10005 [2011-3916]
Download as PDF
Federal Register / Vol. 76, No. 36 / Wednesday, February 23, 2011 / Notices
For more information, call Yvette
Springer at (202) 482–2813.
Dated: February 17, 2011.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2011–4027 Filed 2–22–11; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 110207100–1092–02]
Reporting for Calendar Year 2010 on
Offsets Agreements Related to Sales
of Defense Articles or Defense
Services to Foreign Countries or
Foreign Firms
Bureau of Industry and
Security, Department of Commerce.
ACTION: Notice; annual reporting
requirements.
AGENCY:
This notice is to remind the
public that U.S. firms are required to
report annually to the Department of
Commerce (Commerce) 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 on offsets
transactions completed in performance
of existing offsets commitments for
which 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 2010 and must be
submitted to Commerce no later than
June 15, 2011.
ADDRESSES: Reports should be
addressed to ‘‘Offsets Program Manager,
U.S. Department of Commerce, Office of
Strategic Industries and Economic
Security, Bureau of Industry and
Security, Room 3878, Washington, DC
20230.’’
FOR FURTHER INFORMATION CONTACT:
Ronald DeMarines, Office of Strategic
Industries and Economic Security,
Bureau of Industry and Security, U.S.
Department of Commerce, telephone:
202–482–3755; fax: 202–482–5650; email: rdemarin@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
mstockstill on DSKH9S0YB1PROD with NOTICES
SUMMARY:
Background
In 2009, the Congress reauthorized the
Defense Production Act of 1950 (DPA),
and added a new section 723 to that
Act, which replaced prior section 309
and addresses offsets in defense trade
(See 50 U.S.C. app. 2172). Offsets are
compensation practices required as a
VerDate Mar<15>2010
18:50 Feb 22, 2011
Jkt 223001
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 and the
International Traffic in Arms
Regulations. For example, 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 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.
Section 723(a)(1) of the DPA requires
the President to submit an annual report
to the Congress on the impact of offsets
on the U.S. defense industrial base.
Section 723 directs the Secretary of
Commerce (Secretary) to function as the
President’s executive agent for carrying
out the responsibilities set forth in that
section and authorizes the Secretary 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 part 701 of title 15 of the Code
of Federal Regulations.
As described in those regulations,
U.S. firms are required to report 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 on offsets transactions
completed in performance of existing
offsets commitments for which 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 regulation and the DPA.
As provided by section 723(c) of the
DPA, BIS will not publicly disclose the
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.
In order to enable BIS to prepare the
next annual offset report reflecting
calendar year 2010 data, U.S. firms must
submit required information on offsets
agreements and offsets transactions from
calendar year 2010 to BIS no later than
June 15, 2011.
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
10005
Dated: February 15, 2011.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2011–3916 Filed 2–22–11; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free Trade Agreement,
Article 1904 NAFTA Panel Reviews;
Request for Panel Review
NAFTA Secretariat, United
States Section, International Trade
Administration, Department of
Commerce.
ACTION: Notice of First Request for Panel
Review.
AGENCY:
On February 11, 2011,
ThyssenKrupp Mexinox S.A. de C.V.
and Mexinox USA, Inc. (collectively
‘‘Mexinox’’) filed a First Request for
Panel Review with the United States
Section of the NAFTA Secretariat
pursuant to Article 1904 of the North
American Free Trade Agreement. Panel
Review was requested of the final
determination of the U.S. Department of
Commerce’s International Trade
Administration regarding Stainless Steel
Sheet and Strip in Coils from Mexico.
This determination was published in
the Federal Register (76 FR 2332), on
January 13, 2011. The NAFTA
Secretariat has assigned Case Number
USA–MEX–2011–1904–01 to this
request.
FOR FURTHER INFORMATION CONTACT:
Valerie Dees, United States Secretary,
NAFTA Secretariat, Suite 2061, 14th
and Constitution Avenue, NW.,
Washington, DC 20230, (202) 482–5438.
SUPPLEMENTARY INFORMATION: Chapter
19 of the North American Free Trade
Agreement (‘‘Agreement’’) established a
mechanism to replace domestic judicial
review of final determinations in
antidumping and countervailing duty
cases involving imports from a NAFTA
country with review by independent
binational panels. When a Request for
Panel Review is filed, a panel is
established to act in place of national
courts to review expeditiously the final
determination to determine whether it
conforms with the antidumping or
countervailing duty law of the country
that made the determination.
Under Article 1904 of the Agreement,
which came into force on January 1,
1994, the Government of the United
States, the Government of Canada, and
the Government of Mexico established
Rules of Procedure for Article 1904
SUMMARY:
E:\FR\FM\23FEN1.SGM
23FEN1
Agencies
[Federal Register Volume 76, Number 36 (Wednesday, February 23, 2011)]
[Notices]
[Page 10005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3916]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 110207100-1092-02]
Reporting for Calendar Year 2010 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.
-----------------------------------------------------------------------
SUMMARY: This notice is to remind the public that U.S. firms are
required to report annually to the Department of Commerce (Commerce) 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 on offsets transactions completed in
performance of existing offsets commitments for which 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
2010 and must be submitted to Commerce no later than June 15, 2011.
ADDRESSES: Reports should be addressed to ``Offsets Program Manager,
U.S. Department of Commerce, Office of Strategic Industries and
Economic Security, Bureau of Industry and Security, Room 3878,
Washington, DC 20230.''
FOR FURTHER INFORMATION CONTACT: Ronald DeMarines, Office of Strategic
Industries and Economic Security, Bureau of Industry and Security, U.S.
Department of Commerce, telephone: 202-482-3755; fax: 202-482-5650; e-
mail: rdemarin@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
In 2009, the Congress reauthorized the Defense Production Act of
1950 (DPA), and added a new section 723 to that Act, which replaced
prior section 309 and addresses offsets in defense trade (See 50 U.S.C.
app. 2172). 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 and the International Traffic in Arms Regulations. For
example, 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
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.
Section 723(a)(1) of the DPA requires the President to submit an
annual report to the Congress on the impact of offsets on the U.S.
defense industrial base. Section 723 directs the Secretary of Commerce
(Secretary) to function as the President's executive agent for carrying
out the responsibilities set forth in that section and authorizes the
Secretary 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 part
701 of title 15 of the Code of Federal Regulations.
As described in those regulations, U.S. firms are required to
report 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 on offsets transactions completed in
performance of existing offsets commitments for which 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
regulation and the DPA. As provided by section 723(c) of the DPA, BIS
will not publicly disclose the 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.
In order to enable BIS to prepare the next annual offset report
reflecting calendar year 2010 data, U.S. firms must submit required
information on offsets agreements and offsets transactions from
calendar year 2010 to BIS no later than June 15, 2011.
Dated: February 15, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-3916 Filed 2-22-11; 8:45 am]
BILLING CODE 3510-JT-P