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occurred, an immediate report thereof shall be forwarded in writing by the consignor to the Secretary of the Treasury, for attention of the Division of Deposits. If the loss, destruction or damage represents a value equal to or in excess of $10,000, or if delay is likely to retard the Government in its effort to recover such valuables, such report should be transmitted by wire and promptly confirmed in writing.

(b) Such report should indicate: (1) Date of shipment; (2) the amount and character of the valuables lost, destroyed, or damaged; (3) the name and address of consignee; (4) the method of transportation, name of carrier and location of office of carrier from which shipment was made; (5) the registry receipt or other receipt number; and (6) a statement of the cause of the loss, destruction or damage, if known.

(c) An immediate report of the loss, destruction or damage should also be made by the consignor to the agent in charge of the nearest United States Secret Service office and to the local post office or local office of other carrier. Government officers reporting losses to such agencies will be expected to cooperate therewith to the fullest extent in facilitating investigations and recovery.

(d) As expeditiously as possible and without further instructions from the Secretary of the Treasury, the consignor should proceed to place a tracer on the shipment and to take such other action as may be deemed necessary or advisable to facilitate recovery.

§ 261.8 Claim for replacement.

Claim for replacement shall be made in writing to the Secretary of the Treasury and shall be supported by "Proof of Claim" pursuant to § 261.9. Such claim accompanied by a recommendation with respect to the manner of replacement thereof shall be submitted through the head of the executive department, independent establishment, agency, wholly owned corporation concerned, or, in the case of officers or employees under the Treasury Department, through their respective administrative heads. The manner of replacement shall be subject to the determination of the Secretary of the Treasury in accordance with the provisions of section 3 of the act.

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The Secretary of the Treasury may require proof of claim in such form and in

such manner as may from time to time be deemed necessary. In general, the requirements of the Secretary of the Treasury will be as follows:

(a) Satisfactory proof of shipment as claimed, which should be supported by the original "Record of Shipment" required to be maintained pursuant to § 261.4. The original record will be returned after adjustment of the claim.

(b) Satisfactory proof of loss, destruction or damage. The consignor will be required to submit a statement concerning the loss or destruction of, or damage to shipment or any part thereof; and, if received by the consignee with contents not intact, all the circumstances must be set forth with respect to the condition in which such shipment was received and the manner of the inspection and verification of its contents. Whenever possible to do so, affidavits covering the loss, destruction or damage should be obtained from the consignee and the carrier. Such proof of claim must be accompanied by the recommendation of the head of the executive department, independent establishment, agency or wholly-owned corporation concerned, or in the case of officers or employees under the Treasury Department of their respective administrative heads. (c) Statement and recommendation of investigating officer or officers. § 261.10 Recoveries.

(a) In the event of loss or destruction of, or damage to valuables for which relief shall have been granted, under section 3 of the act, the consignors are required to take such steps as are necessary and reasonable for the defense, safeguard or recovery of the valuables or the value thereof, as the case may be, and the Secretary of the Treasury will take such further steps to that end as he may deem necessary in the particular circumstances.

(b) All recoveries and repayments on account of loss, destruction, or damage to valuables of which replacement shall have been made out of the Fund shall be forwarded to the Secretary of the Treasury and shall be credited to the Fund.

(c) The Secretary of the Treasury may at any time or from time to time, with the approval of the President, prescribe supplemental or amendatory rules and regulations governing claims for replacement of valuables shipped pursuant to the Government Losses in Shipment Act.

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§ 262.1

Declaration of "valuables".

It is determined that replacements, in accordance with the procedure established under section 3 of the Government Losses in Shipment Act (50 Stat. 479, as amended; 5 U.S.C. 134b), of the articles or things or representatives of value enumerated and referred to in this section would be in the public interest; accordingly, they are hereby declared to be "valuables" within the meaning of the act.

(a) Money of the United States and foreign countries. Currency, included mutilated currency and canceled currency, coins, including uncurrent coins, and specie.

(b) Securities and other instruments or documents, private and public.

Abstracts of title.

Assignments.

Bills.

Bonds.

Certificates of deposit.

Certificates of indebtedness.

Checks, drafts and money orders. Coupons.

Debentures.

Deeds.

Equipment trust certificates.

Mortgages.

Notes.

Stamps, including postage, revenue, l1cense, food order and public debt.

Stamped envelopes and postal cards.
Stock certificates.

Trust receipts.

Voting trust receipts. Warehouse receipts. Warrants.

And other instruments or documents similar to the foregoing and whether complete, incomplete, mutilated, canceled, in definitive form or represented by interim documents.

(c) Precious metals and stones. Diamonds and other precious stones. Gold, silver and any other precious or

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§ 270.1

Rules governing availability of information.

The records of the Bureau of Accounts required by 5 U.S.C. 552 to be made available to the public shall be made available in accordance with the definitions, procedures and other provisions of the regulations on the Disclosure of Records of the Office of the Secretary and of other bureaus and offices of the Department issued under 5 U.S.C. 552 and published as Part 1 of Title 31 of the Code of Federal Regulations, except as provided in these regulations.

[35 F.R. 5113, May 26, 1970]

§ 270.2 Materials available for inspection and copying.

(a) Materials available. The materials in the Bureau of Accounts which are required by 5 U.S.C. 552(a) (2) to be made available for public inspection and copying are the following:

(1) Final opinions, as well as orders, made in the adjudication of cases. The Bureau of Accounts does not generally issue orders in the adjudication of cases.

(2) Statements of policy and interpretations which have been adopted by the Bureau and are not published in the FEDERAL REGISTER.

(3) Administrative staff manuals and instructions to staff that affect a member of the public. These materials include the Treasury Fiscal Requirements Manual and such Department Circulars applicable to Bureau of Accounts' operations, that affect a member of the public, as have not been incorporated into that manual or published as parts of Title 31 of the Code of Federal Regulations.

(4) Current indices for the foregoing materials.

(b) Location. The materials listed in paragraph (a) of this section issued on or after the effective date of these regulations are available for inspection and copying during office hours in the public reading room of the Treasury Department, 15th Street and Pennsylvania Avenue NW., Washington, D.C. 20220. Materials issued prior thereto are available in the public reading room to the extent feasible. If not so available, they may be requested as identifiable records. § 270.3 Requests

records.

for identifiable

(a) Procedure. A written request for an identifiable record shall be addressed to the Commissioner of Accounts, Washington, D.C. 20226. A request presented in person shall be made at the office of the Operating Facilities Officer, Room 100, Treasury Department, Annex 1, Pennsylvania Avenue at Madison Place.

(b) Determination of request. Determination as to the disclosure of a record request shall be made, subject to appeal to the Commissioner of Accounts, by the head of the division in which the record belongs and by the Assistant Commissioner for records in the Office of the Commissioner. The decision of the Commissioner shall constitute final agency action, unless he refers the appeal to the Fiscal Assistant Secretary, in which case the decision of the Fiscal Assistant Secretary shall constitute final agency action.

§ 270.4 Fees for services.

Fees for services performed by the Bureau of Accounts will be imposed and collected as set forth in this section.

(a) As to all records made available pursuant to these regulations, the following fees will be imposed and collected:

(1) For furnishing facsimile copies of records by photocopy or similar process:

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(3) For certifications and validations of a record, with Treasury seal $2, without Treasury seal $1.

(4) For certifications of any determination concerning records made under this part, with Treasury seal $2, without Treasury seal $1. This fee will not be imposed or collected for a written determination, not certified, concerning records.

(5) For making available a record by mail an appropriate fee to cover the cost of postage and any packaging or special handling.

(b) (1) For searching of documents covering mortgages, releases, assignments, claims, loans, deeds, etc., $6.25 per hour with a minimum fee of $3.

(2) For furnishing special fiscal data that has not been published at the time of request $12 an hour with a minimum fee of $6.

(c) No charge will be made for services performed at the request of other Government agencies or officers thereof acting in their official capacities. [35 F.R. 5113, May 26, 1970]

PART 281-FOREIGN EXCHANGE OPERATIONS

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By virtue of the authority vested in the Secretary of the Treasury by section 114 of the Budget and Accounting Procedures Act of 1950, 64 Stat. 836, 31 U.S.C. 66b; section 613 of the Act of September 4, 1961, 75 Stat. 443; Executive Order No. 10488, 18 F.R. 5699, 3 CFR 1949-1953 Comp.; and Executive Order No. 10900, 26 F.R. 143, the following regulations are prescribed for administration of the purchase custody, deposit, transfer, sale and reporting of foreign exchange (including credits and currencies) by executive departments and agencies (hereinafter referred to as agencies). § 281.2

§ 281.3

[Reserved]

Collections.

Foreign exchange collected by agencies shall be delivered promptly into the custody of accountable officers for credit to accounts of the Secretary of the Treasury (hereinafter referred to as the Secretary) unless otherwise directed by the Secretary. The term "collections," for the purpose of these regulations in this part, does not include foreign exchange acquired by the United States by purchase with dollars. The accountable officer shall maintain records, showing the collections, by source, and indicating the miscellaneous receipt accounts or other accounts in the Treasury to be credited with dollar proceeds from sale of the foreign exchange, and such further classifications as may be needed to indicate exchange wich can be used only for restricted purposes. Accountable. officers shall be advised by the collecting agencies of the source of collections and any restrictions on the use of the foreign exchange in order that the foregoing records may be maintained.

§ 281.4 Guaranty funds.

The regulations in this part are applicable to all foreign exchange acquired by the United States under guaranty provisions of section 1011 of the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1442), except that receipts of such foreign exchange shall be deposited in the foreign exchange accounts of the Treasurer of the United States referred to in § 281.5(c).

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account of the Secretary and foreign exchange acquired by accountable officers by purchase or otherwise, which is not immediately disbursed but is held by such officers for their own account or for the account of any agency, shall be maintained only in depositaries designated by the Secretary. Unless otherwise directed by the Secretary, accountable officers are not required to have separate depositary accounts for foreign exchange held for the Secretary's account.

(b) Accountable officers may carry foreign exchange as cash outside depositaries only pursuant to authority granted in accordance with Treasury Department Circular No. 1030 dated July 24, 1959, as amended.

(c) Deposits in and withdrawals from foreign exchange accounts maintained with depositaries in the name of the Treasurer of the United States will be made only as directed by the Secretary. § 281.6 Withdrawals from Treasury ac

counts.

Foreign exchange shall be withdrawn from accounts of the Secretary on the books of accountable officers or from the foreign exchange accounts carried with depositaries in the name of the Treasurer of the United States, only for the purpose of sale for dollars or transfer to agencies for authorized purposes, without reimbursement to the Treasury, as provided by or pursuant to law. Such transfers, as well as transfers between foreign exchange accounts of the Secretary and between foreign exchange accounts in the name of the Treasurer of the United States, shall be made only by direction of the Secretary. An agency requiring foreign exchange from the Treasury Department shall make request of the Secretary, indicating the amount of exchange required, in units of foreign currency, and the name and location of the accountable officer to receive the exchange. To the extent practicable and desirable, standing authorizations will be given for withdrawals from accounts of the Secretary. The following conditions apply to the sale of foreign exchange and to the requisition of foreign exchange without dollar payment:

(a) Sales. With respect to the sale of foreign exchange held in accounts of the Secretary, the payment in dollars shall be calculated at the rate of exchange that would otherwise be available to the United States for the acquisition of the

foreign exchange for its official disbursements unless otherwise determined by the Treasury Department in consultation with the agencies concerned. When the rate that would otherwise be available to the United States is not readily ascertainable, the Treasury Department shall be consulted. The dollar proceeds realized from the sale of exchange shall be credited to the appropriate receipt, appropriation or refund account on the books of the Treasury. The dollar payment for foreign exchange purchased shall not be charged as an appropriation expenditure until the foreign exchange is disbursed.

(b) Transfers without reimbursement. When foreign exchange is to be obtained from the Treasury Department without payment of dollars, the agency concerned shall furnish written certification that the exchange may be used without reimbursement to the Treasury, citing the relevant legal authority. In cases where international agreements or Bureau of the Budget allocations specify the programs for which foreign exchange may be used, the Secretary may transfer exchange to agencies without requiring a certification.

[Dept. Circ. 930, Rev., 26 F.R. 10054, Oct. 26, 1961, as amended at 29 F.R. 11497, Aug. 11, 1964]

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The following limitations apply to the purchase and holding of foreign exchange:

(a) Unless otherwise authorized by the Secretary, no agency or accountable officer shall purchase, or direct the purchase of, foreign exchange from any source outside the Government of the United States, except when exchange for the purpose intended is not available for purchase from within the Government.

(b) All foreign exchange acquired by agencies by transfer from the Treasury Department, without payment of dollars, for the purpose of making authorized expenditures, shall be placed with accountable officers for account of the agencies concerned.

(c) Unless otherwise authorized by the Secretary, no accountable officer shall purchase foreign exchange which, together with the balance on hand at the time of purchase, would exceed estimated requirements for a thirty-day period.

(d) To the maximum extent possible, foreign exchange accounts which are earmarked for specific programs shall be

maintained on an unfunded basis. Each agency responsible for administering international agreements pertaining to the use of foreign exchange held in funded accounts shall review the agreement and other considerations relevant to each such account at least annually to determine if the account can be placed on an unfunded basis, and shall initiate appropriate action to accomplish the objective of minimizing the number of funded program accounts and the amounts therein. The resulting determinations and the status of actions undertaken shall be furnished in writing to the Treasury Department within 60 days from the date of this regulation and each time thereafter that there is a change of status of a particular account, or as requested by the Treasury Department. Exchange which becomes eligible for removal from a funded status either as a result of the foregoing determinations, or because of the expiration of the period of availability for restricted use under the terms of international agreements, or for other reasons, shall be released promptly by the program agency for transfer to a nonrestricted Treasury sales account.

[Dept. Circ. 930, Rev., 26 F.R. 10054, Oct. 26, 1961, as amended at 29 F.R. 11497, Aug. 11, 1964]

§ 281.8 Reporting and accounting.

The Treasury Department will maintain a system of central accounting and reporting for the purpose of providing information on foreign exchange operations to the President, the Congress, and the public. The Treasury Department will also prescribe rules to enhance consistency in reporting of foreign exchange operations by all agencies. Agencies shall furnish such reports and information as may be required for the administration of the provisions of this circular.

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