80 FR 56967 - Waiver for Certain Defense Items Produced in the United Kingdom

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 80, Issue 182 (September 21, 2015)

The Under Secretary of Defense (Acquisition, Technology, and Logistics) is waiving the statutory limitation of 10 U.S.C. 2534 for certain defense items produced in the United Kingdom (UK). United States Code, Title 10, section 2534, limits DoD procurement of certain items to sources in the national technology and industrial base. The waiver will permit procurement of enumerated items from sources in the UK, unless otherwise restricted by statute.

[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Notices]
[Pages 56967-56968]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23519]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System


Waiver for Certain Defense Items Produced in the United Kingdom

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Notice.

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SUMMARY: The Under Secretary of Defense (Acquisition, Technology, and 
Logistics) is waiving the statutory limitation of 10 U.S.C. 2534 for 
certain defense items produced in the United Kingdom (UK). United 
States Code, Title 10, section 2534, limits DoD procurement of certain 
items to sources in the national technology and industrial base. The 
waiver will permit procurement of enumerated items from sources in the 
UK, unless otherwise restricted by statute.

DATES: This waiver is effective beginning October 6, 2015 until October 
4, 2016.

FOR FURTHER INFORMATION CONTACT: Director, Defense Procurement and 
Acquisition Policy (DPAP), Contract Policy and International 
Contracting (CPIC), Room 5E621, 3060 Defense Pentagon, Washington, DC 
20301-3060, Attention: Ms. Patricia Foley, OUSD(AT&L), telephone (703) 
693-1145.

SUPPLEMENTARY INFORMATION: Subsection (a) of 10 U.S.C. 2534 provides 
that the Secretary of Defense may procure the items listed in that 
subsection only if the manufacturer of the item is part of the national 
technology and industrial base. Subsection (i) of 10 U.S.C. 2534 
authorizes the Secretary of Defense to exercise the waiver authority in 
subsection (d), on the basis of the

[[Page 56968]]

applicability of paragraph (2) or (3) of that subsection, only if the 
waiver is made for a particular item listed in subsection (a) and for a 
particular foreign country. Subsection (d) authorizes a waiver if the 
Secretary of Defense determines that application of the limitation 
``would impede the reciprocal procurement of defense items under a 
memorandum of understanding providing for reciprocal procurement of 
defense items'' and if the Secretary of Defense determines that ``that 
country does not discriminate against defense items produced in the 
United States to a greater degree than the United States discriminates 
against defense items produced in that country.'' The Secretary of 
Defense has delegated the waiver authority of 10 U.S.C. 2534(d) to the 
Under Secretary of Defense (Acquisition, Technology, and Logistics).
    DoD has had a Reciprocal Defense Procurement Memorandum of 
Understanding (MOU) with the UK since 1975, most recently renewed on 
December 17, 2014.
    The Under Secretary of Defense (Acquisition, Technology, and 
Logistics) finds that the UK does not discriminate against defense 
items produced in the United States to a greater degree than the United 
States discriminates against defense items produced in the UK, and also 
finds that application of the limitation in 10 U.S.C. 2534 against 
defense items produced in the UK would impede the reciprocal 
procurement of defense items under the MOU.
    Under the authority of 10 U.S.C. 2534, the Under Secretary of 
Defense (Acquisition, Technology, and Logistics) has determined that 
application of the limitation of 10 U.S.C. 2534(a) to the procurement 
of any defense item produced in the UK that is listed below would 
impede the reciprocal procurement of defense items under the MOU with 
the UK.
    On the basis of the foregoing, the Under Secretary of Defense 
(Acquisition, Technology, and Logistics) is waiving the limitation in 
10 U.S.C. 2534(a) for procurements of any defense item listed below 
that is produced in the UK. This waiver applies to procurements under 
solicitations issued during the period from October 6, 2015 to October 
4, 2016. Similar waivers have been granted since 1998, most recently in 
2014 (79 FR 11770, March 3, 2014).

List of Items to Which This Waiver Applies

1. Air circuit breakers.
2. Gyrocompasses.
3. Electronic navigation chart systems.
4. Steering controls.
5. Pumps.
6. Propulsion and machinery control systems.
7. Totally enclosed lifeboats.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2015-23519 Filed 9-18-15; 8:45 am]
 BILLING CODE 5001-06-P