[Federal Register: January 3, 2006 (Volume 71, Number 1)]
[Rules and Regulations]
[Page 224-225]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ja06-19]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 25 and 52
[FAC 2005-07; FAR Case 2005-026; Item VIII]
RIN 9000-AK37
Federal Acquisition Regulation; Removal of Sanctions Against
Libya
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to implement
Executive Order 13357, which removed sanctions against Libya.
DATES: Effective Date: February 2, 2006.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Kimberly Marshall, Procurement Analyst, at (202) 219-0986. Please
cite FAC 2005-07, FAR case 2005-026. For information pertaining to
status or publication schedules, contact the FAR Secretariat at (202)
501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends FAR Subpart 25.7, Prohibited Sources, and
the clause at 52.225-13, Restrictions on Certain Foreign Purchases, by
removing Libya from the list of countries sanctioned by
[[Page 225]]
the Department of the Treasury, Office of Foreign Assets Control
(OFAC).
On September 20, 2004, the President signed Executive Order 13357
terminating the national emergency declared in Executive Order 12543 of
January 7, 1986, with respect to the policies and actions of the
Government of Libya and revoking that Order, as well as revoking
Executive Order 12544 of January 8, 1986, and Executive Order 12801 of
April 15, 1992, all of which imposed sanctions against Libya in
response to the national emergency. This Executive Order 13357 also
revoked Executive Order 12538 of November 15, 1985, which prohibited
the importation into the United States of petroleum products refined in
Libya. Upon issuance of Executive Order 13357, OFAC issued notice that
the prohibitions of the Libyan Sanctions Regulations, 31 CFR part 550,
would be lifted as of September 21, 2004. OFAC has confirmed that there
are no more sanctions against Libya. At a later date, OFAC will add a
note to the Libya Sanction Regulations (LSR) to notify the public that
those regulations are no longer in effect. In their view, Executive
Order 13357, their issuance of a press release, and a statement on
their official website that the regulations lifted are sufficient
authorization until they publish a notice in the Federal Register.
This final rule also makes conforming changes to the clause dates
in the clauses at 52.212-5, Contract Terms and Conditions Required to
Implement Statutes or Executive Orders-Commercial Items, and 52.213-4,
Terms and Conditions-Simplified Acquisition (Other than Commercial
Items), and updates the OFAC websites.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant FAR revision within the
meaning of FAR 1.501 and Public Law 98-577, and publication for public
comments is not required. However, the Councils will consider comments
from small entities concerning the affected FAR Parts 25 and 52 in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 601, et seq. (FAC 2005-07,
FAR case 2005-026), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose 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 Parts 25 and 52
Government procurement.
Dated: December 22, 2005.
Gerald Zaffos,
Director, Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 25 and 52 as set forth
below:
0
1. The authority citation for 48 CFR parts 25 and 52 continues to read
as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 25--FOREIGN ACQUISITION
25.701 [Amended]
0
2. Amend section 25.701 by removing from the first sentence of
paragraph (b) ``Libya,''; removing from the second sentence ``http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.epls.gov/TerList1.html'' and adding ``http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.treas.gov/offices/
s/
sentence ``http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.treas.gov/ofac'' and adding ``http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.treas.gov/offices/enforcement/ofac
'' in its place.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.212-5 [Amended]
0
3. Amend section 52.212-5 by removing from the heading of the clause
``(SEP 2005)'' and adding ``(FEB 2006)'' in its place; and removing
from paragraph (b)(26) of the clause ``(MAR 2005)'' and adding ``(FEB
2006)'' in its place.
52.213-4 [Amended]
0
4. Amend section 52.213-4 by--
0
a. Removing from the heading of the clause ``(JUL 2005)'' and adding ``
(FEB 2006)''in its place; and
0
b. Removing from paragraph (a)(1)(iv) of the clause ``(MAR 2005)'' and
adding ``(FEB 2006)'' in its place.
52.225-13 [Amended]
0
5. Amend section 52.225-13 by--
0
a. Removing from the heading of the clause ``(MAR 2005)'' and adding
``(FEB 2006) ''in its place; and
0
b. Removing from the first sentence of paragraph (b) of the clause
``Libya,''; removing from the second sentence ``http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://epls.arnet.gov/News.html'' and adding ``http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.treas.gov/offices/enforcement/ofac/
/enforcement/ofac/
www.treas.gov/ofac'' and adding ``http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.treas.gov/offices/enforcement/ofac
'' in its place.
[FR Doc. 05-24553 Filed 12-30-05; 8:45 am]
BILLING CODE 6820-EP-S