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Trade Agreements Act and Buy American Act

25.703-1 Definitions. As used in this section- Person- (1) means- (i) A natural person; (ii) a corporation, trade association, partnership, corporation, trust, financial institution, insurer, insurer, guarantor and other business organization, any other non-governmental entity, organization or group and any government entity acting as a commercial enterprise; and (iii) any successor to an entity described in paragraph (1)(ii) of this definition; and (2) does not include any government or government entity that does not operate as a commercial enterprise. Sensitive technology – (1) means hardware, software, telecommunications equipment or any other technology specifically intended for use – (i) to restrict the free flow of unbiased information in Iran; or (ii) disrupt, monitor or otherwise restrict the word of the Iranian people; and (2) Does not contain any information or information material the export of which cannot be regulated or prohibited by the President under Section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). 25.703-2 Iran Sanctions Act. (a) Certification. (1) Certification in relation to the activities described in Article 5 of the Law on Sanctions against Iran. Pursuant to Section 6(b)(1)(A) of the Iran Sanctions Act (50 U.S.C. Notice 1701), unless an exemption under paragraph (c) of this paragraph applies or a waiver under 25.703-4 is granted, each supplier must confirm that the supplier and any person owned or controlled by the bidder is not knowingly involved in a significant transaction (i.e., a transaction of more than $10,000 with the Iranian Revolutionary Guard Corps or one of its officials, Agents or affiliates whose property and proprietary rights are blocked under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). (See OFAC`s List of Specially Designated Nationals and Blocked Persons under (b) corrective measures. In the event of a false certificate referred to in point (a) of this Subsection, the Agency shall take one or more of the following measures: 1.

The procuring entity shall terminate the procurement in accordance with the procedures set out in Part 49 or for commercial items, see 12.403. (2) The suspended official shall suspend the contractor in accordance with the procedures set out in subsection 9.4. (3) An exclusion officer shall block the contractor for a period of at least two years in accordance with the procedures set out in subsection 9.4. (c) exemption for trade agreements. The certification requirements referred to in paragraph (a) of this Subsection do not apply where the acquisition is the subject of commercial agreements and the supplier certifies that all products offered are designated as finished products by country or domestic building materials (see subsection 25.4). 25.703-3 Prohibition of contracts with companies that export sensitive technologies to Iran. (a) The head of an executive agency does not enter into or renew a contract for the purchase of goods or services with a person exporting certain sensitive technology to Iran, as determined by the President, and is actively excluded from the procurement management system at (22 U.S.C. 8515). (b) Each supplier shall declare that it does not export any sensitive technology to the Government of Iran or to entities or individuals owned or controlled by the Government of Iran or acting on behalf of or at the direction of the Government of Iran. (c) exemption for trade agreements.

The submission requirement in subparagraph (b) of this paragraph does not apply if the acquisition is the subject of trade agreements and the tenderer certifies that all the products offered are final products of the designated country or building materials for a given country (see subsection 25.4). 25.703-4 Waiver. (a) An agency or contractor requesting a waiver of the requirements of 25.703-2 or 25.703-3 pursuant to Section 6(b)(5) of the Iran Sanctions Act or 22 U.S.C. 8551(b) or .dem Presidential Memorandum of September 23, 2010 (FR 75 FR 67025) must submit the application to the Federal Procurement Policy Office and allow sufficient time for review and approval. (b) Organizations may request an exemption on an individual or by category basis; However, derogations are not unlimited and can be cancelled if necessary. 1. A block exemption may be requested only if the category of supplies or equipment is not available from any other source and is in the national interest. 2. Before submitting the request for exemption, it shall be examined and approved by the Head of the Agency.

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