FAR Buy American Act Countries List & TAA Designated Countries
Understanding the requirements and impact for failure to comply with TAA designated countries and the Buy American Act countries list can create expensive problems for government contractors and commercial companies. At Watson & Associates LLC, our attorneys and consultants provide proactive solutions and statutory compliance for companies looking to stay out of trouble with the federal government.
According to FAR 52.225-5 Trade Agreements, the following FAR Buy American countries list apply to federal procurements unless waived by the contracting officer. Government contractors or their attorneys should make sure that they check for updates.
FAR 25 Designated Countries List
“Designated country” means any of the following countries:
(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as “the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei)”), Ukraine, or United Kingdom);
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);
(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).
“Designated Buy American countries and country end product” means a WTO GPA country end product, an FTA country end product, a least developed country end product, or a Caribbean Basin country end product.
GSA Trade Agreements Act / TAA Compliance
TAA compliance regulations require GSA contract holders to make sure that they comply with the appropriate Trade Agreement Act laws. The current threshold for the applicability for TAA compliance (for a supply or service contract) is $203,000. The U.S. Trade Representative revises this threshold approximately every two years (see FAR 25.402(b)). GSA applies the threshold on a Schedule-wide basis, and therefore the Trade Agreements Act applies to all Schedule contracts and orders. All Schedule products and services must come from the U.S. or a designated country.
Contact Our Lawyers and Consultants for Help
For help with compliance with the Buy American Act Countries list and TAA designated countries call our Buy American attorneys and consultants at 1-866-601-5518. Free Initial Consultation.