under the Food for Peace Program Agreement or this part, or causes loss or damage to a commodity through any act or omission or fails to provide proper storage, care, and handling, the cooperating sponsor shall pay to the United States the value of the commodities lost, damaged, or misused (or may, with prior USAID approval, replace such commodities with similar commodities of equal value), unless it is determined by AID that such improper distribution or use, or such loss or damage, could not have been prevented by proper exercise of the cooperating sponsor's responsibility under the terms of the agreement. Normal commercial practices in the country of distribution shall be considered in determining that there was a proper exercise of the cooperating sponsor's responsibility. Payment by the cooperating sponsor shall be made in accordance with paragraph (g) of this section.

(e) Fault of others in country of distribution and in intermediate country. Upon the happening of any event creating any rights against a warehouseman, carrier or other person for the loss of, damage to, or misuse of any commodity, the cooperating sponsor shall make every reasonable effort to pursue collection of claims against the liable party or parties for the value of the commodity lost, damaged, or misused and furnish a copy of the claim and related documents to the USAID or Diplomatic Post. Cooperating sponsors who fail to file or pursue such claims shall be liable to AID for the value of the commodities lost, damaged, or misused: Provided, however, That the cooperating sponsor may elect not to file a claim if the loss is less than $100 and such action is not detrimental to the program. Cooperating sponsors may retain $25 of any amount collected on a claim. In addition, cooperating sponsors may, with the written approval of the USAID or Diplomatic Post, retain special costs such as legal fees that they have incurred in the collection of a claim. Any proposed settlement for less than the full amount of the claim must be approved by the USAID or Diplomatic Post prior to acceptance. When the cooperating sponsor has exhausted all reasonable attempts to collect a claim, it shall request the USAID or Diplomatic Post to provide further instructions.

(f) Reporting losses to USAID or Diplomatic Post. The cooperating sponsor shall promptly notify USAID or the Diplomatic Post in writing of the circumstances pertaining to any loss, damage, or misuse occurring within the country of distribution or intermediate country and shall include information as to the name of the responsible party; kind and quantities of commodities; size, and type of containers; the time and place of misuse, loss, or damage; the current location of the commodity; and the Food for Peace Program Agreement number, the CCC contract numbers, if known, or if unknown, other identifying numbers printed on the commodity containers; the action taken by the cooperating sponsor with respect to recovery or disposal; and the estimated value of the commodity. If any of the above information is not available, an explanation of its unavailability shall be made by the cooperating sponsor. Proceeds from sale and the disposition of the proceeds if any, should also be reported.

(g) Determination of value. (1) Where payment is made for commodities misused, lost or damaged, the value shall be determined on the basis of the domestic market price at the time and place the misuse, loss or damage occurred, or, in case it is not feasible to obtain or determine such market price, the f.o.b. or f.a.s. commercial export price of the commodity at the time and place of export, plus ocean freight charges and other costs incurred by the United States in making delivery to the cooperating sponsor: Provided, however, That with respect to claims other than ocean carrier loss and/or damage claims, at the request of the cooperating sponsor and/or upon the recommendation of the USAID or Diplomatic Post, AID/W may determine that such value may be determined on some other justifiable basis. Where replacements are made, the value of commodities misused, lost or damaged, shall be their value at the time and place the misuse, loss, or damage occurred and the value of the replacement commodities shall be their value at the time and place replacement is made.

(2) In the settlement of general average and marine salvage claims, the value of the cargo and the commodities lost or damaged, shall be determined by CCC on such basis as may be legally applicable.

(h) Handling claims proceeds. Claims against ocean carriers shall be collected in U.S. dollars (or in currency in which freight is paid, or a pro rata share of each) and shall be remitted (less amounts authorized to be retained) by voluntary agencies and intergovernmental organizations to CCC. Claims against voluntary agencies and intergovernmental organizations shall be paid to AID/W in U.S. dollars. Amounts paid by other cooperating sponsors and third parties in the country of distribution shall be deposited with the U.S. Disbursing Officer, American Embassy, preferably in U.S. dollars with instructions to credit the deposit to CCC Account No. 12X4336, or in local currency at the official exchange rate applicable to dollar imports at the time of deposit with instructions to credit the deposit to Treasury sales account 20FT401.

[A.I.D. Reg. 11, 33 F.R. 2918, Feb. 13, 1968, as amended at 35 F.R. 15751, Oct. 7, 1970] § 211.10 Records and reporting requirements of cooperating sponsor.

(a) Records. Cooperating sponsors shall maintain records and documents in a manner which will accurately reflect all transactions pertaining to the receipt, storage, distribution, and inspection of commodities. This shall include a periodic summary report and records of receipt and disbursement of any funds accruing from the operation of the program. Such records shall be retained for a period of 3 years from the close of the U.S. fiscal year to which they pertain.

(b) Reports. Cooperating sponsors shall submit reports to the USAID or Diplomatic Post, at such times and on such forms as prescribed by AID. The following is a list of the principal types of reports that are to be submitted:

(1) Periodic summary reports showing receipt, distribution, and inventory of commodities and proposed schedules of shipments or call forwards.

(2) Reports relating to progress and problems in the implementation and operation of the program, and inspection reports, as may be required from time to time by AID/W, or as may be agreed upon between the USAID or Diplomatic Post and the cooperating sponsor and approved by AID/W.

(3) Reports of all comprehensive internal audit examinations prepared in accordance with § 211.5(c) shall be submitted to the USAID or Diplomatic Post for review as soon as completed and in advance of submission of estimates of requirements submitted in accordance with 211.5(d) and in sufficient detail to enable the USAID or Diplomatic Post to assess and to make recommendations as to the ability of the cooperating sponsors to manager and control the Food for Freedom programs under their administration.

(c) Inspection and audit. Cooperating sponsors shall cooperate with and give reasonable assistance to USAID/ Controller and other U.S. Government representatives to enable them at any reasonable time to examine activities of the cooperating sponsors, processors, or others, pertaining to the receipt, distribution, processing, repackaging, and use of commodities; to inspect commodities in storage, or the facilities used in the handling or storage of commodities; to inspect and audit records, including financial records and reports pertaining to storage, transportation, processing, repackaging, distribution and use of commodities; the deposit of and use of any local currencies; and to review or audit the procedures and methods used in carrying out the requirements of this part.

§ 211.11

Termination of program.

All or any part of the assistance provided under the program, including commodities in transit, may be terminated by AID at its discretion if the cooperating sponsor fails to comply with the provisions of the Food for Freedom Program Agreement, this part, or if it is determined by AID that the continuation of such assistance is no longer necessary or desirable. Under such circumstances title to commodities which have been transferred to the cooperating sponsor shall at the written request of USAID, the Diplomatic Post, or AID/W, be retransferred to the U.S. Government by the cooperating sponsor. Any commodities on hand at the time the program is terminated shall be disposed of in accordance with § 211.5(1). If it is determined that any commodity to be

excess

AID may waive, withdraw, or amend, at any time, any or all of the provisions of this Part 211 if such provision is not statutory and if AID determines it is in the best interest of the U.S. Government to do so. Any cooperating sponsor which has failed to comply with the provisions of this part or any instructions or procedures issued in connection herewith, or any agreements entered into pursuant hereto may at the discretion of AID be suspended or disqualified from further participation in any distribution program. Reinstatement may be made at the option of AID. Disqualification shall not prevent AID from taking other action through other available means when considered necessary.

PART 212-PUBLIC INFORMATION Subpart A-General

Sec. 212.1

Statement of policy.

Sec.

Subpart E-Exemptions From Disclosure

212.41

212.42

Exemptions from the publication and disclosure requirements of Subparts B, C, and D.

Guidance in application of exemptions.

Subpart F-Access to Classified Foreign Policy Records for Nonofficial Research Purposes 212.51 General policy.

AUTHORITY: The provisions of Part 212 are issued under sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2402, 5 U.S.C. 552, E.O. 10501, as amended: 3 CFR 1949-1953 Comp., E.O. 10816; 3 CFR, 1959-1963 Comp.

SOURCE: The provisions of this Part 212 contained in A.I.D. Regulation 12, 32 F.R. 9652, July 4, 1967, unless otherwise noted. Subpart A-General

(a) It is the policy of the Agency for International Development that information about its objectives and operations be freely available to the public, in accordance with the provisions of Public Law 89-487 (80 Stat. 250). The Director, Information Staff is responsible for administration of the provisions of the regulations of this part.

(b) All identifiable records of the Agency for International Development shall be made available to the public upon compliance with the procedures established in this regulation, except to the extent a record is determined to be exempt from disclosure by the Director, Information Staff or the Assistant Administrator for Administration.

Subpart B-Publication in the
Federal Register

the nature and requirements of all formal and informal procedures available;

(3) Rules of procedure, descriptions of forms available or the place at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;

(4) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the Agency; and

(5) Every amendment, revision or repeal of the foregoing.

(b) A.I.D. Public Notice No. 1 and the A.I.D. Regulations published in Chapter II of Title 22, and in Sub-Title A, Chapter 7 of Title 41 of the Code of Federal Regulations, implement the provisions of this section.

§ 212.12 Effect of nonpublication.

Except to the extent that a person has actual and timely notice of the terms thereof, no person shall in any manner be required to resort to, or be adversely affected by any A.I.D. matter required to be published in the FEDERAL REGISTER and not so published.

§ 212.13 Incorporation by reference.

For purposes of this Subpart B, A.I.D. matter which is reasonably available to the class of persons affected thereby is deemed to be published in the FEDERAL REGISTER When it has been incorporated by reference therein with the approval of the Director of the Federal Register. Subpart C-Availability of Information for Public Inspection and Copying

The Agency maintains and makes available for public inspection and copying a current index providing identifying information for the public as to any matter which is issued, adopted, or promulgated after July 4, 1967, and which is required by § 212.21 to be made available or published.

§ 212.24 Effect of noncompliance.

No final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects any member of the public will be relied upon, used, or cited as precedent by the Agency against any private party unless it has been indexed and either made available or published as provided by this subpart, or unless that private party shall have actual and timely notice of the terms thereof.

The materials required to be made available for public inspection and copying in accordance with this subpart are available to members of the public who apply in person (a) to the Director, Information Staff, Agency for International Development, Department of State, 21st and Virginia Avenue NW., Washington, D.C. 20523; (b) overseas, to the Director, USAID, care of American Embassy, in the countries in which AID has offices abroad. The schedule of fees which is prescribed for the copying service is set forth in § 212.34.

Subpart D-Access to Identifiable Records

to Subpart B; (b) matters made available to the public pursuant to Subpart C; and (c) matters exempt from disclosure pursuant to § 212.41.

§ 212.32 Identification of records.

The request for a record by a member of the public must contain a reasonably specific description of the particular record sought, such as the subject matter, format, approximate date, and where pertinent, the name of the country or person involved, facilitate the search for the requested record.

§ 212.33 Procedure for making requests. (a) Access to identifiable records may be requested by a member of the public either in person from 9 a.m. to 5 p.m. Monday through Friday, except on Holidays, or by mail, from the Director, Information Staff, Agency for International Development, Room 4898, Department of State, 21st and Virginia Avenue NW., Washington, D.C. 20523. Requests may be made in person or by mail to the Director, USAID, care of American Embassy, in countries where AID has offices abroad. If the USAID office abroad does not have the record requested the member of the public will be so informed and the inquirer will be referred to the Director, Information Staff in Washington for the requested information.

(b) In view of the decentralized nature of the files of the Agency it will generally not be possible to make the requested records available for access immediately but records will be made available as promptly as possible.

(c) Original or record copies of records will not be permitted to be released from Agency files. Copies, duly certified upon request, will be furnished in lieu thereof, upon payment of the prescribed fee. See § 212.35.

(d) Requests for records which originated in another Agency will be referred to the originating Agency for appropriate action.

§ 212.34 Denial of request for access to records.

(a) If a request for access to an identifiable record is denied, the person submitting the request will be promptly advised of the denial and furnished the specific reasons therefor in writing.

(b) The denial of a request from a member of the public for access to an identifiable record may be made only by the Director, Information Staff, or the Assistant Administrator for Administra

tion. The General Counsel shall be consulted prior to a decision to deny access.

(c) A member of the public who has been denied access to an identifiable record pursuant to this section may appeal such decision. The appeal shall be in writing addressed to the Administrator or Deputy Administrator, Agency for International Development, 21st and Virginia Avenue NW., Washington, D.C. 20523. It should contain the identity of the specific record sought and withheld, a copy of the initial decision to deny access, and any other information that will enable the Administrator or Deputy Administrator to make the final decision. § 212.35 Schedule of fees and method

of payment for services rendered. (a) The following specific fees shall be applicable with respect to services rendered to members of the public under this subpart:

(1) Searching for records, per hour or

(b) When no specific fee has been established for a service, or the request for a service does not fall under one of the above categories due to the amount or size or type thereof, the Director, Information Staff, or the Director, USAID, is authorized to establish an appropriate fee pursuant to the criteria established in Bureau of the Budget Circular No. A-25, entitled "User Charges."

(c) When a request for identifiable records is made by mail pursuant to § 212.33, it should be accompanied by remittance of the total fee chargeable, as well as a self-addressed stamped envelope, if special mail services are desired.

(d) Fees must be paid in full prior to issuance of requested copies of records. If uncertainty as to the existence of a record, or as to the number of sheets to be copied or certified precludes remitting the exact fee chargeable with the request, the Agency will inform the interested party of the exact amount required.