[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Rules and Regulations]
[Pages 30361-30365]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11560]
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DEPARTMENT OF DEFENSE
Defense Acquisitions Regulations System
48 CFR Parts 225 and 252
RIN 0750-AH70
Defense Federal Acquisition Regulation Supplement; Defense Trade
Cooperation Treaty With the United Kingdom (DFARS 2012-D034)
AGENCY: Defense Acquisition Regulations System; Department of Defense
(DoD).
ACTION: Interim rule.
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SUMMARY: DoD is issuing an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement requirements of
the Treaty Between the Government of the United States of America and
the Government of the United Kingdom of Great Britain and Northern
Ireland Concerning Defense Trade Cooperation (the Treaty) and the
Security Cooperation Act of 2010 regarding export control regulations
between the United States and the United Kingdom. The Treaty and
statute establish an Approved Community that includes members of the
U.S. Government and the government of the United Kingdom.
DATES: Effective Date: May 22, 2012.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before July 23, 2012, to be
considered in the formation of the final rule.
ADDRESSES: Submit comments identified by DFARS Case 2012-D034, using
any of the following methods:
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by entering ``DFARS Case
2012-D034'' under the heading ``Enter keyword or ID'' and selecting
``Search.'' Select the link ``Submit a Comment'' that corresponds with
``DFARS Case 2012-D034.'' Follow the instructions provided at the
``Submit a Comment'' screen. Please include your name, company name (if
any), and ``DFARS Case 2012-D034'' on your attached document.
Email: dfars@osd.mil. Include DFARS Case 2012-D034 in the
subject line of the message.
Fax: 571-372-6094.
Mail: Defense Acquisition Regulations System, Attn:
(Insert case manager's name), OUSD (AT&L) DPAP/DARS, Room 3B855, 3060
Defense Pentagon, Washington, DC 20301-3060.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060. Telephone 571-372-6106; facsimile
571-372-6101.
SUPPLEMENTARY INFORMATION:
I. Background
This rule streamlines the export control regulations between the
United States and the United Kingdom under specified circumstances.
The U.S. Government controls exports of defense articles, technical
data, and defense services. The governing law is the Arms Export
Control Act (AECA) (22 U.S.C. 2778 et seq.) and implementing
regulations in the International Traffic in Arms Regulations (ITAR) (22
CFR 120-130).
Under the ITAR, the Department of State manages an export licensing
system in which numerous government approvals are often necessary for
companies to hold discussions about potential projects, pursue joint
activities, ship hardware, or transfer know-how to one another, and
even sometimes to transfer engineers and other company employees from
one country to another. This process can be challenging and time
consuming for U.S. exporters and for foreign firms in their supply
chains.
The U.S. concluded the Treaty with the United Kingdom to enable
their militaries, security authorities, and their approved industries
to exchange defense articles, technical information, and defense
services more freely. The Treaty establishes exemptions for certain
exports and transfers that meet the Treaty requirements. Other exports
and transfers remain governed by AECA and the ITAR.
The Treaty and implementing arrangements with the United Kingdom
may be accessed at http://www.state.gov/t/pm/rls/othr/misc/92770.htm.
The implementing legislation is in Title I of Pub. L. 111-266, the
Security Cooperation Act of 2010.
The Senate conditions upon ratification are at http://www.govtrack.us/congress/billtext.xpd?bill=s111-3847.
[[Page 30362]]
The U.S. Department of State regulations implementing the Treaty
with the United Kingdom are at 22 CFR part 120.
The Treaty establishes an Approved Community that includes members
of the U.S. Government and the government of the United Kingdom,
including various Ministries, Departments, and Agencies, as well as
selected defense and security companies and facilities. Exports of most
U.S. defense articles, including technical data and defense services,
are generally permitted to enter and to move freely within this
community, without the need for government approvals and licenses--
provided that all persons comply with all other statutory and
regulatory requirements concerning the import of defense articles and
defense services or the possession or transfer of defense articles,--
when in support of--
Combined U.S.-U.K. military or counterterrorism
operations;
U.S.-U.K. cooperative security and defense research,
development, production, and support programs;
Mutually agreed to security and defense projects that are
for U.K. Government use only; and
U.S. Government end use.
Under the Treaty, instead of a U.S. exporter preparing and requesting
U.S. Department of State approval of an export license or Technical
Assistance Agreement for a project, which would normally take around
45-60 days, the exporter will verify information on the U.S. Department
of State Web site that--
The U.K. industry member is a member of the Approved
Community;
The project is on the list of approved projects and items
are for U.S. Government end use; and
The defense article is not on the Exempted Technology
List.
If the members of the United States Community and United Kingdom
Community, the project, and the technology are verified, then the U.S.
exporter and the U.K. member may proceed without export licenses.
In addition to checking the above three lists, an exporter using
the Treaty also must comply with any applicable related ITAR
requirements and 22 CFR 126.17(g) and other applicable U.S. laws and
regulations. These requirements include marking and recordkeeping to
ensure that export-controlled items are recognized as such and handled
accordingly. Similarly, DFARS 225.7902 implements requirements that
relate to exports that, for example, a prospective contractor may make
under a DoD solicitation or that a contractor may make in performance
of a DoD contract.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is a significant regulatory action and, therefore, was subject to
review under section 6(b) of E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This rule is not a major rule under 5
U.S.C. 804.
III. Regulatory Flexibility Act
DoD does not expect this interim rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule does not impose burdens on small businesses. Small
businesses that are exporters will benefit from being able to use the
streamlined treaty process to make exports that are associated with
responding to DoD solicitations and performance of DoD contracts.
However, an initial regulatory flexibility analysis has been performed
and is summarized as follows:
The objective of the rule is to streamline the export control
regulations between the United States and the United Kingdom under
specified circumstances. The legal basis for the rule is the Security
Cooperation Act of 2010 (Pub. L. 111-266), enacted October 8, 2010.
Although this rule adds a representation that requires the approval
of the Office of Management and Budget under 44 U.S.C. chapter 35, the
net effect will be to significantly streamline and reduce paperwork
requirements between the United States and the United Kingdom under the
process set forth in the Treaty as implemented by the ITAR by no longer
requiring individual export control licenses in certain circumstances
within the Approved Community. In short, one representation per offeror
will streamline the current process.
The great majority of industry members that comprise the Approved
Community are not small businesses due to the specialized knowledge of
export control regulations and the cost involved in compliance.
Therefore, the cost is anticipated to be less than five million
dollars, but will accrue a net cost savings by streamlining the
requirements of industry compared to the present export control
licensing procedures.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
This rule implements the Treaty and statute and DoD is not aware of
any alternative methods of achieving the objectives of the rule.
Furthermore, the net impact of the rule is expected to be beneficial to
small businesses.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2012-D034), in
correspondence.
IV. Paperwork Reduction Act
The rule contains information collection requirements that require
the approval of the Office of Management and Budget under the Paperwork
Reduction Act (44 U.S.C. chapter 35). OMB has cleared this information
collection requirement under OMB Control Number 0704-0488, titled:
Defense Trade Cooperation Treaty with the United Kingdom (DFARS
252.225).
The annual reporting burden is estimated as follows:
Respondents: 110.
Responses per respondent: 1.
Total annual responses: 110.
Preparation hours per response: 0.1.
Total response burden hours: 11.
This rule will result in a significantly streamlined process and
reduced paperwork requirements overall between the United States and
the United Kingdom under the process set forth in the Treaty as
implemented by the ITAR by no longer requiring individual export
licenses within the Approved Community. In short, one representation
per offeror will streamline the current process.
B. Request for Comments Regarding Paperwork Burden
Written comments and recommendations on the information collection,
including suggestions for reducing this burden, should be sent not
later than July 23, 2012 to Ms. Jasmeet Seehra at the Office of
Management and Budget, Desk Officer for DoD, Room 10236, New Executive
Office Building, Washington, DC 20503, or email Jasmeet_K._Seehra@omb.eop.gov, with a
[[Page 30363]]
copy to the Defense Acquisition Regulations System, Attn: (Ms. Amy
Williams), OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301-3060. Comments can be received from 30 to 60 days
after the date of this notice, but comments to OMB will be most useful
if received by OMB within 30 days after the date of this notice.
Public comments are particularly invited on: whether this
collection of information is necessary for the proper performance of
functions of the DFARS, and will have practical utility; whether our
estimate of the public burden of this collection of information is
accurate, and based on valid assumptions and methodology; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways in which we can minimize the burden of the
collection of information on those who are to respond, through the use
of appropriate technological collection techniques or other forms of
information technology.
To request more information on this information collection or to
obtain a copy of the information collection and associated collection
instruments, please write to the Defense Acquisition Regulations
System, Attn: (Ms. Amy Williams), OUSD(AT&L)DPAP/DARS, Room 3B855, 3060
Defense Pentagon, Washington, DC 20301-3060, or email dfars@osd.mil.
Include DFARS Case 2012-D034 in the subject line of the message.
Requesters may obtain a copy of the supporting statement from the point
of contact specified herein. Please cite OMB Control Number 0704-0488,
Defense Trade Cooperation Treaty with the United Kingdom (DFARS
252.225), in all correspondence.
VI. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary because the Department of State final rule implementing
the Treaty between the Government of the United States of America and
the Government of the United Kingdom of Great Britain and Northern
Ireland Concerning Defense Trade Cooperation (Treaty Doc. 110-7) and
making other updates to the ITAR became effective on April 13, 2012 (77
FR 23538 dated April 19, 2012). Expedited implementation of an interim
DFARS rule is based upon the DFARS' integral ties with the ITAR and the
National Industrial Security Program Operating Manual (NISPOM). The
NISPOM and DFARS regulations operationalize the ITAR guidance for
members of the United States Community and United Kingdom Community in
the Approved Community responsible for most of the operational
functions.
However, pursuant to 41 U.S.C. 1707 and FAR 1.501-3(b), DoD will
consider public comments received in response to this interim rule in
the formation of the final rule.
List of Subjects in 48 CFR Parts 225 and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 225 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 225 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 225--FOREIGN ACQUISITION
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2. Add subpart 225.79 to read as follows:
Subpart 225.79--EXPORT CONTROL
Sec.
225.7900 Scope of subpart.
225.7901 [Reserved]
225.7902 Defense Trade Cooperation Treaty with the United Kingdom.
225.7902-1 Definitions.
225.7902-2 Purpose.
225.7902-3 Policy.
225.7902-4 Procedures.
225.7902-5 Solicitation provision and contract clause.
Subpart 225.79--EXPORT CONTROL
225.7900 Scope of subpart.
This subpart implements the requirements of the Security
Cooperation Act of 2010 (Pub. L. 111-266) and the Treaty Between the
Government of the United States of America and the Government of the
United Kingdom of Great Britain and Northern Ireland Concerning Defense
Trade Cooperation (the Treaty) regarding export control. See PGI
225.7902 for additional information.
225.7901 [Reserved]
225.7902 Defense Trade Cooperation Treaty with the United Kingdom.
This section implements the Treaty and the Implementing Arrangement
for DoD solicitations and contracts that authorize prospective
contractors and contractors to use the Treaty to respond to DoD
solicitations and in the performance of DoD contracts.
225.7902-1 Definitions.
Approved Community, defense articles, export, Implementing
Arrangement, qualifying defense articles, transfer, Treaty, and U.S.
DoD Treaty-eligible requirements are defined in DFARS clause 252.225-
7047, Exports by Approved Community Members in Performance of the
Contract.
225.7902-2 Purpose.
The Treaty permits the export of certain U.S. defense articles,
technical data, and defense services, without U.S. export licenses or
other written authorization under the International Traffic in Arms
Regulations (ITAR) into and within the Approved Community, as long as
the exports are in support of purposes specified in the Treaty. All
persons must continue to comply with statutory and regulatory
requirements outside of DFARS and ITAR concerning the import of defense
articles and defense services or the possession or transfer of defense
articles, including, but not limited to, regulations issued by the
Bureau of Alcohol, Tobacco, Firearms and Explosives found at 27 CFR
Parts 447, 478, and 479, which are unaffected by the Defense Trade
Cooperation Treaty between the United States and the United Kingdom.
The Approved Community consists of U.S. entities that are registered
with the Department of State and are eligible exporters, the U.S.
Government, and certain governmental and commercial facilities in the
United Kingdom that are approved and listed by the U.S. Government. See
PGI 225.7902-2 for additional information.
225.7902-3 Policy.
DoD will facilitate maximum use of the Treaty by prospective
contractors responding to DoD solicitations and by contractors eligible
to export qualifying defense articles under DoD contracts in accordance
with 22 CFR 126.17(g).
225.7902-4 Procedures.
(a) For all solicitations and contracts eligible for Treaty
coverage (see PGI 225.7902-4(1)), the program manager shall identify in
writing and submit to the contracting officer prior to issuance of a
solicitation and prior to award of a contract--
(1) The qualifying Treaty Scope paragraph (Article 3(1)(a),
3(1)(b), or 3(1)(d)); and
(2) The qualifying defense article(s) using the categories
described in 22 CFR 126.17(g).
(b) If applicable, the program manager shall also identify in
writing and submit to the contracting officer any specific Part C,
Treaty-exempted technology list
[[Page 30364]]
items, terms, and conditions for applicable contract line item numbers
(See PGI 225.7902-4(2)).
225.7902-5 Solicitation provision and contract clause.
(a) Use the provision at 252.225-7046, Exports by Approved
Community Members in Response to the Solicitation, in solicitations
containing the clause at 252.225-7047.
(b)(1) Use the clause at 252.225-7047, Exports by Approved
Community Members in Performance of the Contract, in solicitations and
contracts when--
(i) Export-controlled items are expected to be involved in the
performance of the contract and the clause at 252.204-7008 is used; and
(ii) At least one contract line item is intended to satisfy a U.S.
DoD Treaty-eligible requirement.
(2) The contracting officer shall complete paragraph (b) of the
clause using information the program manager provided as required by
225.7902-4(a).
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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3. Add section 252.225-7046 to read as follows:
252.225-7046 Exports by Approved Community Members in Response to the
Solicitation.
As prescribed in 225.7902-5(a), use the following provision:
EXPORTS BY APPROVED COMMUNITY MEMBERS IN RESPONSE TO THE SOLICITATION
(MAY 2012)
(a) Definitions. The definitions of Approved Community, defense
articles, export, Implementing Arrangement, qualifying defense
articles, transfer, Treaty, and U.S. DoD Treaty-eligible
requirements in DFARS clause 252.225-7047 apply to this provision.
(b) All contract line items in the contemplated contract, except
any identified in this paragraph, are intended to satisfy U.S. DoD
Treaty-eligible requirements. Specific defense articles exempt from
Treaty eligibility will be identified in those contract line items
that are otherwise Treaty-eligible.
CONTRACT LINE ITEMS NOT INTENDED TO SATISFY U.S. DoD TREATY-ELIGIBLE
REQUIREMENTS:
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[Enter Contract Line Item Number(s) or enter ``None'']
(c) Approved Community members responding to the solicitation
may only export or transfer defense articles that specifically
respond to the stated requirements of the solicitation.
(d) Subject to the other terms and conditions of the
solicitation and the contemplated contract that affect the
acceptability of foreign sources or foreign end products,
components, parts, or materials, Approved Community members are
permitted, but not required, to use the Treaty for exports or
transfers of qualifying defense articles in preparing a response to
this solicitation.
(e) Any conduct by an offeror responding to this solicitation
that falls outside the scope of the Treaty, the Implementing
Arrangement, and the implementing regulations of the Department of
State in 22 CFR 126.17 (United Kingdom), and 22 CFR 126 Supplement
No. 1 (exempted technologies list) is subject to all applicable
International Traffic in Arms Regulations (ITAR) requirements,
including any criminal, civil, and administrative penalties or
sanctions, as well as all other United States statutory and
regulatory requirements outside of ITAR.
(f) If the offeror uses the procedures established pursuant to
the Treaty, the offeror agrees that, with regard to the export or
transfer of a qualifying defense article associated with responding
to the solicitation, the offeror shall--
(1) Comply with the requirements and provisions of the Treaty,
the Implementing Arrangement, and corresponding regulations
(including the ITAR) of the U.S. Government and the government of
the United Kingdom;
(2) Prior to the export or transfer of a qualifying defense
article--
(i) Mark, identify, transmit, store, and handle any defense
articles provided for the purpose of responding to such
solicitations, as well as any defense articles provided with or
developed pursuant to their responses to such solicitations, in
accordance with the Treaty, the Implementing Arrangement, and
corresponding United States Government and the government of the
United Kingdom regulations including, but not limited to, the
marking and classification requirements described in the applicable
regulations;
(ii) Comply with the re-transfer or re-export provisions of the
Treaty, the Implementing Arrangement, and corresponding United
States Government and the government of the United Kingdom
regulations, including, but not limited to, the re-transfer and re-
export requirements described in the applicable regulations; and
(iii) Acknowledge that any conduct that falls outside or in
violation of the Treaty, Implementing Arrangement, and implementing
regulations of the applicable government including, but not limited
to, unauthorized re-transfer or re-export in violation of the
procedures established in the applicable Implementing Arrangement
and implementing regulations, remains subject to applicable
licensing requirements of the government of the United Kingdom and
the United States Government, including any criminal, civil, and
administrative penalties or sanctions contained therein; and
(3) Flow down the substance of this provision, including this
paragraph (f)(3), to any subcontractor at any tier intending to use
the Treaty in responding to this solicitation.
(g) Representation. The offeror shall check one of the following
boxes and sign the representation:
[square] The offeror represents that export(s) or transfer(s) of
qualifying defense articles were made in preparing its response to
this solicitation and that such export(s) or transfer(s) complied
with the requirements of this provision.
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Name/Title of Duly Authorized Representative
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Date
[square] The offeror represents that no export(s) or transfer(s)
of qualifying defense articles were made in preparing its response
to this solicitation.
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Name/Title of Duly Authorized Representative
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Date
(End of provision)
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4. Add section 252.225-7047 to read as follows:
252.225-7047 Exports by Approved Community Members in Performance of
the Contract.
As prescribed in 225.7902-5(b), use the following clause:
EXPORTS BY APPROVED COMMUNITY MEMBERS IN PERFORMANCE OF THE CONTRACT
(MAY 2012)
(a) Definitions. As used in this clause--
Approved Community means the U.S. Government, U.S. entities that
are registered and eligible exporters, and certain government and
industry facilities in the United Kingdom that are approved and
listed by the U.S. Government.
Defense articles means articles, services, and related technical
data, including software, in tangible or intangible form, listed on
the United States Munitions List of the International Traffic in
Arms Regulations (ITAR), as modified or amended.
Export means the initial movement of defense articles from the
United States Community to the United Kingdom Community.
Implementing Arrangement means the Implementing Arrangement
Pursuant to the Treaty between the Government of the United States
of America and the government of the United Kingdom of Great Britain
and Northern Ireland Concerning Defense Trade Cooperation signed on
February 14, 2008.
Qualifying defense articles means defense articles that are not
exempt from the scope of the Treaty as defined in 22 CFR 126.17(g).
Transfer means the movement of previously exported defense
articles within the Approved Community.
Treaty means the Treaty between the Government of the United
States of America and the government of the United Kingdom of Great
Britain and Northern Ireland Concerning Defense Trade Cooperation
signed at Washington and London on June 21 and 26, 2007.
United Kingdom Community member means a United Kingdom
government authority or nongovernmental entity or facility on the
United Kingdom Community list accessible at http://pmddtc.state.gov.
United States Community means--
(1) Departments and agencies of the U.S. Government, including
their personnel, with,
[[Page 30365]]
as appropriate, security accreditation and a need-to-know; and
(2) Nongovernmental U.S. entities registered with the Department
of State and eligible to export defense articles under U.S. law and
regulation, including their employees, with, as appropriate,
security accreditation and a need-to-know.
U.S. DoD Treaty-eligible requirements means any defense article
acquired by DoD for use in a combined military or counterterrorism
operation, cooperative research, development, production, or support
program, or DoD end use, as described in Article 3 of the Treaty and
Sections 2 and 3 of the Implementing Arrangement.
(b) All contract line items in this contract, except any
identified in this paragraph, are intended to satisfy U.S. DoD
Treaty-eligible requirements. Specific defense articles exempt from
Treaty eligibility will be identified in those contract line items
that are otherwise Treaty-eligible.
CONTRACT LINE ITEMS NOT INTENDED TO SATISFY U.S. DoD TREATY-ELIGIBLE
REQUIREMENTS:
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[Enter Contract Line Item Number(s) or enter ``None'']
(c) Subject to the other terms and conditions of this contract
that affect the acceptability of foreign sources or foreign end
products, components, parts, or materials, Approved Community
members are permitted, but not required, to use the Treaty for
exports or transfers of qualifying defense articles in performance
of the contract.
(d) Any conduct by the Contractor that falls outside the scope
of the Treaty, the Implementing Arrangement, and 22 CFR 126.17(g) is
subject to all applicable ITAR requirements, including any criminal,
civil, and administrative penalties or sanctions, as well as all
other United States statutory and regulatory requirements outside of
ITAR, including, but not limited to, regulations issued by the
Bureau of Alcohol, Tobacco, Firearms and Explosives found at 27 CFR
Parts 447, 478, and 479, which are unaffected by the Treaty.
(e) If the Contractor is an Approved Community member, the
Contractor agrees that--
(1) The Contractor shall comply with the requirements of the
Treaty, the Implementing Arrangement, the ITAR, and corresponding
regulations of the U.S. Government and the government of the United
Kingdom; and
(2) Prior to the export or transfer of a qualifying defense
article, the Contractor--
(i) Shall mark, identify, transmit, store, and handle any
defense articles provided for the purpose of responding to such
solicitations, as well as any defense articles provided with or
developed pursuant to their responses to such solicitations, in
accordance with the Treaty, the Implementing Arrangement, and
corresponding United States Government and the government of the
United Kingdom regulations including, but not limited to, the
marking and classification requirements described in the applicable
regulations;
(ii) Shall comply with the re-transfer or re-export provisions
of the Treaty, this Implementing Arrangement, and corresponding
United States Government and the government of the United Kingdom
regulations, including, but not limited to, the re-transfer and re-
export requirements described in the applicable regulations; and
(iii) Shall acknowledge that any conduct that falls outside or
in violation of the Treaty, Implementing Arrangement, and
implementing regulations of the applicable government including, but
not limited to, unauthorized re-transfer or re-export in violation
of the procedures established in the applicable Implementing
Arrangement and implementing regulations, remains subject to
applicable licensing requirements of the government of the United
Kingdom and the United States Government, including any criminal,
civil, and administrative penalties or sanctions contained therein.
(f) The contractor shall include the substance of this clause,
including this paragraph (f), in all subcontracts that may require
exports or transfers of qualifying defense articles in connection
with deliveries under the contract.
(End of clause)
[FR Doc. 2012-11560 Filed 5-21-12; 8:45 am]
BILLING CODE 5001-06-P