[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Pages 2421-2422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-662]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

RIN 0750-AG18


Defense Federal Acquisition Regulation Supplement; Removal of 
North Korea From the List of Terrorist Countries (DFARS Case 2008-D036)

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 remove North Korea from 
the list of terrorist countries subject to a prohibition on DoD 
contract awards. This change is a result of the State Department's 
removal of North Korea from the list of countries designated as state 
sponsors of terrorism.

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-D036.

SUPPLEMENTARY INFORMATION:

A. Background

    The provision at DFARS 252.209-7001, Disclosure of Ownership or 
Control by the Government of a Terrorist Country, implements 10 U.S.C. 
2327, which prohibits DoD from entering into a contract with a firm 
that is owned or controlled by the government of a country that has 
been determined by the Secretary of State to repeatedly provide support 
for acts of international terrorism. This final rule removes North 
Korea from the terrorist countries listed in the provision at DFARS 
252.209-7001, since the Secretary of State has removed North Korea from 
the list of designated state sponsors of terrorism.
    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,

[[Page 2422]]

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-D036.

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 252

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR part 252 is amended as follows:

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for 48 CFR Part 252 continues to read as 
follows:


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


252.209-7001  [Amended]

0
2. Section 252.209-7001 is amended as follows:
0
a. By revising the clause date to read ``(JAN 2009)''; and
0
b. In paragraph (a)(2), in the second sentence, by removing ``North 
Korea,''.

[FR Doc. E9-662 Filed 1-14-09; 8:45 am]
BILLING CODE 5001-08-P