Energy Department Issues Proposed Rule to Better Comply with Export Control Regulations
The Department of Energy issued a proposed rule amending the agency’s acquisition regulations to add export control requirements applicable to Department contracts. The rule adds two new Department of Energy Acquisition Regulation (DEAR) subparts -- 925.71 and 970.2571 -- which lay out how to comply with export control laws, regulations and directives. DOE contractors, however, are independently responsible for complying with U.S. export rules, the Department said. The proposed rule sets forth requirements for contractors. “It is the contractor’s responsibility to comply with all applicable laws and regulations regarding export-controlled items,” the rule said. “This responsibility exists independent of, and is not established, or limited by, this DEAR rulemaking.”
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The proposed rule also addresses DOE Inspector General reports from 2004 and 2007, which found that DOE contractors were not properly following export control regulations, and recommended steps the Department should take to ensure better export compliance throughout the entire agency. The specific subparts added in the proposed rule are:
- 925.71: Part 925 of the DEAR covers foreign acquisition. The proposed subpart sets forth requirements for contractors on the export control of items, including unclassified information, materials, technology, equipment and software.
- The rule also proposes adding a new clause to the subsection of Part 952 covering solicitation and contract clauses. The new clause lists requirements for DOE contractors concerning compliance with applicable export control rules. This includes a requirement for contractors to obtain necessary licenses and documents to comply with any export control rules.
- 970.2571: Part 970 covers DOE management and operating contracts. The new subpart lists requirements for management and operating contractors concerning export control.
Comments on the rule are due July 12 and can be submitted to www.regulations.gov or emailed to DEARrulemaking@hq.doe.gov.
(Federal Register 06/12/13)