[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Rules and Regulations]
[Page 2421-2422]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



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

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.


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.

Therefore, 48 CFR part 252 is amended as follows:


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

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

252.209-7001  [Amended]

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

[FR Doc. E9-662 Filed 1-14-09; 8:45 am]