Trade Law Daily is a Warren News publication.

DoD Issues Final Rule on Procurement & Netherlands Antilles Successor Entities

The Department of Defense1 has issued a final rule, effective November 2, 2011, that amends the Federal Acquisition Regulation (FAR) to revise the definitions of “Caribbean Basin country” and “designated country” due to the October 2010 change in status of the islands that comprised the Netherlands Antilles.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

Amends Caribbean Basin Definition, Etc. to Reflect Successor Change

DoD explains that on October 10, 2010, Curacao and Sint Maarten became autonomous territories of the Kingdom of the Netherlands and that Bonaire, Saba, and Sint Eustatius now fall under the direct administration of the Netherlands. Under the Caribbean Basin Initiative (of which the Netherlands Antilles is a beneficiary country), successor political entities remain eligible as beneficiary countries.

Therefore, the final rule amends the definitions of “Caribbean Basin country” and “designated country” in several places of the FAR to replace ‘‘Netherlands Antilles’’ with the five separate successor entities - Bonaire, Curacao, Saba, Sint Eustatius, and Sint Maarten.

1DoD, the General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) all issued the final rule.

(See ITT’s Online Archives 11090616 for summary of the Bureau of Industry and Security updating the Export Administration Regulations to reflect this change as well.)

DoD contact -- Cecelia David (202) 219-0202

(FR Pub 11/02/11, FAC 2005--54; FAR Case 2011--014; Item VIII; D/N 2011--0014, Sequence 1]