Section 225.871-4 - Statutory waivers(a) For contracts or subcontracts placed outside the United States, the Deputy Secretary of Defense may waive any provision of law that specifically prescribes- (1) Procedures for the formation of contracts;(2) Terms and conditions for inclusion in contracts;(3) Requirements or preferences for-(i) Goods grown, produced, or manufactured in the United States or in U.S. Government-owned facilities; or(ii) Services to be performed in the United States; or(4) Requirements regulating the performance of contracts.(b) There is no authority for waiver of-(1) Any provision of the Arms Export Control Act (22 U.S.C. 2751 );(2) Any provision of 10 U.S.C. 3201 - 3205 ;(3) The cargo preference laws of the United States, including the Military Cargo Preference Act of 1904 (10 U.S.C. 2631 ) and the Cargo Preference Act of 1954 ( 46 U.S.C. 1241(b) ); or(4) Any of the financial management responsibilities administered by the Secretary of the Treasury.(c) To request a waiver under a cooperative project, follow the procedures at PGI 225.871-4.(d) Obtain the approval of the Deputy Secretary of Defense before committing to make a waiver in an agreement or a contract. 68 FR 15621 , Mar. 31, 2003, as amended at 71 FR 62565 , Oct. 26, 2006; 87 FR 76993 , Dec. 16, 2022