[Federal Register: February 23, 2004 (Volume 69, Number 35)]
[Rules and Regulations]               
[Page 8115-8116]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe04-13]                         

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DEPARTMENT OF DEFENSE

48 CFR Part 225

[DFARS Case 2003-D089]

 
Defense Federal Acquisition Regulation Supplement; Memorandum of 
Understanding--Sweden

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to reflect a determination of 
the Deputy Secretary of Defense that it is inconsistent with the public 
interest to apply the restrictions of the Buy American Act to the 
acquisition of defense equipment produced or manufactured in Sweden.

EFFECTIVE DATE: February 23, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D089.

SUPPLEMENTARY INFORMATION:

A. Background

    A memorandum of understanding between the Government of Sweden and 
the Government of the United States provides for both governments to 
remove barriers to procurement of defense equipment produced in the

[[Page 8116]]

other country, and to accord to industries in the other country 
treatment no less favorable in relation to procurement than is accorded 
to industries of its own country. Therefore, DoD has determined that it 
is inconsistent with the public interest to apply the restrictions of 
the Buy American Act to the acquisition of defense equipment produced 
or manufactured in Sweden. This final rule amends DFARS 225.872-1 to 
add Sweden to the list of countries for which DoD has made such public 
interest determinations, and to remove Sweden from the list of 
countries for which exemption from the Buy American Act is permitted 
only on a purchase-by-purchase basis.
    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 effect beyond the internal 
operating procedures of DoD or a significant cost or administrative 
impact on contractors or offerors. Therefore, publication for public 
comment 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 2003-D089.

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 225

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

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Therefore, 48 CFR Part 225 is amended as follows:
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1. The authority citation for 48 CFR Part 225 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 225--FOREIGN ACQUISITION


225.872-1  [Amended]

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2. Section 225.872-1 is amended as follows:
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a. In paragraph (a) by adding, in alphabetical order, ``Sweden'' to the 
list of countries; and
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b. In paragraph (b) by removing ``Sweden'' from the list of countries.
[FR Doc. 04-3698 Filed 2-20-04; 8:45 am]

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