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FAR and DFARS › FAR Part 1: Federal Acquisition Regulations System › Subpart 1.4

FAR 1.405 Deviations pertaining to treaties and executive agreements.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains when agencies may deviate from the FAR to comply with a treaty or executive agreement. Such deviations are authorized unless they conflict with FAR coverage based on a law. It also sets out how civilian agencies (other than NASA) must route copies of authorized deviations or requests for unauthorized deviations.

Applies to: Civilian agencies other than NASA, and deviations from the FAR needed to comply with treaties or executive agreements

What it requires

  • For civilian agencies other than NASA, transmit a copy of the text deviation authorized under paragraph (b) or (c) to the FAR Secretariat through a central agency control point.
  • For civilian agencies other than NASA, if a deviation required to comply with a treaty or executive agreement is not authorized by paragraph (b) or (c), process the request for deviation through the FAR Secretariat to the Civilian Agency Acquisition Council.

Key terms: Executive agreements · Deviation · Treaty · FAR Secretariat · Civilian Agency Acquisition Council

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Executive agreements, as used in this section, means Government-to-Government agreements, including agreements with international organizations, to which the United States is a party.

(b) Any deviation from the FAR required to comply with a treaty to which the United States is a party is authorized, unless the deviation would be inconsistent with FAR coverage based on a law enacted after the execution of the treaty.

(c) Any deviation from the FAR required to comply with an executive agreement is authorized unless the deviation would be inconsistent with FAR coverage based on law.

(d) For civilian agencies other than NASA, a copy of the text deviation authorized under paragraph (b) or (c) of this section shall be transmitted to the FAR Secretariat through a central agency control point.

(e) For civilian agencies other than NASA, if a deviation required to comply with a treaty or an executive agreement is not authorized by paragraph (b) or (c) of this section, then the request for deviation shall be processed through the FAR Secretariat to the Civilian Agency Acquisition Council.

Sections that refer to it

  • 1.403 Individual deviations.
  • 1.404 Class deviations.

← 1.404 Class deviations. · 1.501 Solicitation of agency and public views. →

Rule changes for FAR Part 1

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 1.405 Deviations pertaining to treaties and executive agreements · SpendQuery