Page images
[ocr errors]

Middle States Association of Colleges and

Secondary Schools. New England Association of Colleges and

Secondary Schools. North Central Association of Colleges and

Secondary Schools. Northwest Association of Secondary and

Higher Schools. Southern Association of Colleges and Schools. Western Association of Schools and Colleges.

II. For Engineering: Engineers' Council for Professional Development.

III. For Business Administration: American Association of Collegiate Schools of Business.

The accreditation status of any institution with respect to the above designations may be found in “Accredited Higher Institutions of 1964" or latest current edition available from the Government Printing Office. APPENDIX B-ASSURANCES OF COMPLIANCE


(hereinafter called (Name of Grantee) the “Grantee") hereby agrees, assures and undertakes that as a condition to the extenision to it of Federal financial assistance for any program under the State Technical Services Act of 1965 (hereinafter referred to as the Act) said program will be conducted in compliance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4) and the requirements imposed by or pursuant to the Regulations of the Department of Commerce issued thereunder (Title 15, Code of Federal Regulations, Subtitle A, Part 8), a copy of which is attached, to the end that no person in the United States shall on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under said program; and hereby gives assurance that it will immediately take any measures necessary to effectuate this agreement.

In accord with and without limiting the above, the Grantee agrees:

1. That the aforesaid discrimination in the conduct of the program includes and prohibits such discrimination in:

a. Inviting qualified institutions to submit proposals for providing technical services or in their selection as participating institutions;

b. Appointing members to the advisory council for technical services specified in section 9 of the Act;

c. Preparing the 5-year plans and technical service programs called for by section 4 of the Act by such means or with such provisions as would cause any discriminatory act or course of conduct prohibited by $ 8.4 (a) and (b) of the Department's Title VI Regulations;

d. Considering the merits of proposals for providing technical services under the Act;

e. Selecting means for providing technical services under the Act;

1. Administering and coordinating plans and programs under the Act;

g. Selecting institutions, agencies, and individuals to administer, coordinate and prepare technical services plans and programs under the Act;

h. Preparing, making public, disseminating, applying, and using reports, technical services, and other information under the Act;

1. Selecting and using contractors and subcontractors and other individuals and organizations to assist in accomplishing the objectives of the plans and programs under the Act and otherwise to participate therein;

J. Publicizing, inviting participation in, providing facilities for, and otherwise administering and operating industrial workshops, seminars, training programs, extension courses, demonstrations, field visits and other technical services; and

k. Otherwise planning, organizing, administering, operating and fulfilling the objectives of the Act.

2. That it will not engage in any discrimination described hereinabove in paragraph 1, or in any prohibited act or course of conduct with respect thereto as described in $$ 8.4 and 8.5(b) (6) of the Department of Commerce Title VI Regulations.

3. That the Grantee further recognizes and agrees that its obligations to comply with the Department's Title VI Regulations extend not only to its own activities but also, in accord with $ $ 8.5(b) (4) of said Regulations, to assure that the public and private organizations, institutions and individuals, such as participating institutions or contractors, which play a part in developing the Grantee's plans and in the Grantee's programs, will also comply with the Department's Title VI Regulations and these Assurances with respect to said plans and programs. To that end, the Grantee agrees that it will obtain as part of its contractual or other arrangements with such parties, or will arrange with others with whom it has direct dealings to obtain in turn from such parties, written Assurances of Compliance with the Department's Title VI Regulations in the same form and substance as these Assurances, which shall be applicable in connection with their contracts, agreements, operations, receipt of benefits and other participation under or relating to State Technicai Services plans and programs receiving Federal financial assistance.

4. That it will obtain and provide the information required by or pursuant to said Title VI Regulations to ascertain and obtain compliance with said Regulations and these Assurances.

5. That it will secure the compliance, and assist and cooperate actively with the Department of Commerce in obtaining and enforcing the compliance, of said contracting and other participating parties with the nondiscrimination required by the Depart

ment's Title VI Regulations and their respective agreements and arrangements, and in the event the Grantee becomes involved in litigation with a noncomplying party, it may request the Department of Commerce to enter into such litigation to protect the interests of the United States in the enforcement of these obligations.

6. That when the Grantee or other participant under the plans or programs is an institution referred to in § 8.5(b) (9) of the Department's Title VI Regulations, the provisions of that section shall be applicable.

7. That any failure to comply with these assurances of nondiscrimination shall constitute a breach of the grant or agreement pursuant to which they were furnished; that in such case of breach further disbursements or payments under the grant or agreement may be refused or suspended or repayments required or any other enforcement or remedial actions or remedies provided in the regulations under the Act or the Department's Title VI Regulations or otherwise by law may be taken; and that the enforcement of one or more rights shall not be prejudicial to the Government's right to obtain judicial relief and/or take any other

action available under the Act, regulations, grant, agreements, or otherwise by law.

8. That these assurances shall be in effect for the period provided in $ 8.5(b) (10) of the Department's Title VI Regulations.

9. That these assurances of the Grantee, and any supplementary assurances given by related subgrantees, contractors and other participants in the plans and programs under the Act, shall be binding not only upon them but also upon their officers, directors, employees and agents, assignees, transferees, lessees, and successors in interest.

The Grantee acknowledges that it has received and read the provisions of the Department's Title VI Regulations. Dated

[blocks in formation]



Part 802

Annual reporting of revenues for carrying imports to, and expenditures in,

the United States of shipping and air transport operators of foreign

nationality. Reports on foreign investment and on international receipts and payments

of royalties and fees.


PART 802—ANNUAL REPORTING OF under this part, accept consolidated re

REVENUES FOR CARRYING IM- ports from foreign governments covering PORTS TO, AND EXPENDITURES IN,

the operations of their national shipping THE UNITED STATES OF SHIPPING

concerns when, in its discretion, such

consolidated reports would provide the AND AIR TRANSPORT OPERATORS

information required by this part. OF FOREIGN NATIONALITY

Where such reports are accepted, the inSoc.

dividual reports from operators or their 802.1 who must report.

agents will not be required. 802.2 Forms to be used.

(b) The foreign operator, for pur802.3 Information to be furnished.

poses of this part, means the owner, 802.4 Time and place of filing reports.

managing or operating owner, chartered AUTHORITY: The provisions of this Part 802 owner, or subchartered owner who enissued under R.S. 161; 5 U.S.C. 22. Interpret ters into and carries out any form of or apply sec. 8, 59 Stat. 515; 22 U.S.C. 286f, transportation contract with the shipE.O. 10033, 14 F.R. 561, CFR, 1949 Supp. pers of merchandise or with passengers.

SOURCE: The provisions of this part 802 (c) If foreign-owned vessels or airappear at 17 F.R. 4922, May 30, 1952, unless

craft are chartered to other foreign otherwise noted. Redesignated at 18 F.R. 8111, Dec. 10, 1953.

operators, the owner should report his

expenses in the United States, if any, and § 802.1 Who must report.

the operator should report the freight or (a)(1) A report is required from or on charter revenue earned from the shipbehalf of every foreign individual or pers of merchandise and his expenses in organization incorporated, licensed or the United States. otherwise granted permission in coun- (d) If foreign-owned vessels or airtries other than the United States to

craft are chartered to a United States operate vessels or aircraft if engaged in carrying goods or passengers to or from

operator, the owner should report his exthe United States. Agents or operating

penses in the United States, if any. agents must respond where acting for

(e) Reports submitted by agents foreign operators, unless the operator

should include all disbursements achas his own office in the United States to counted for directly by them to the forwhich the agent is accountable or unless eign company at its foreign ofice; if subthe operator elects to report directly agents report through a principal agent from his home office.

in the same or another location, the (2) The Department of Commerce principal agent should file a consolidated may in lieu of individual reports required report on behalf of the foreign company.

$ 802.2 Forms to be used.

Vessel operators shall report on Form BE-29,' Aircraft operators shall report on Form BE-36. 8 802.3 Information to be furnished.

The information required for balanceof-payments purposes consists of the earnings of foreign operators from the carriage of imports into the United States and their total expenses incurred in the United States on both passenger and freight operations, including overhead. Voluntary replies to questions 5, 6, 7 and 8 on Form BE-29 (vessel operators) regarding earnings on exports and movements in accounts due to or payable from home offices of foreign branches in the United States are requested but are not required by law. & 802.4 Time and place of filing reports.

Reports shall be filed annually on or before March 31 of each year to cover operations of the preceding calendar year, except that a report covering operations for 1951 shall be filed on or before June 30, 1952. Reports shall be filed with the Department of Commerce, Office of Business Economics, Balance of Payments Division, Washington 25, D. C.

$ 803.1 Who must report.

(a) United States business investments abroad-(1) Basic requirement. A report is required from every corporation, partnership, individual, or any other person or closely related group of persons subject to the jurisdiction of the United States and ordinarily residing within the United States having:

(1) Ownership of 25 percent or more of the voting stock of foreign corporations, either directly or together with domestic or foreign affiliates (Forms BE-577 and BE-5778). See $ 803.2(a) (1) for further detail.

(ii) Ownership of at least 10 percent, but less than 25 percent, of the voting stock of foreign corporations, or the equivalent interest in an unincorporated foreign enterprise, held either directly or together with domestic affiliates (Form BE-577A). See $ 803.2(a) (1) for further detail.

(iii) Unincorporated foreign branches, or other direct foreign operations conducted by a United States incorporated interprise or other business organization in its own name in a foreign country. This includes mining claims, oil concessions, exploration and development activities or other property held by United States persons directly or jointly with others (Form BE-578). See $ 803.2(a) (1) for further detail.

(2) Estates and trusts. Direct for eign investments held by a domestic estate or trust, i.e., an estate or trust created under the laws of the United States or any subdivision thereof, shall be reported by the fiduciary and not by a beneficiary. Such property must be reported whether or not any beneficiary is subject to the laws of the United States or any subdivision thereof.

(3) Persons beneficially interested in property. If direct foreign investments beneficially owned by a person subject to the jurisdiction of the United States were held by or in the name of another, only the person having the beneficial interest shall report, except as specifically provided above regarding domestic estates and trusts.

(4) More than one person owning an interest in the same foreign organization. Each owner is required to report if the aggregate ownership of the affiliated persons in the foreign organization totals 25 percent or more of the voting securities. However, combined reports may be filed to cover the transactions of more than



GENERAL INSTRUCTIONS Sec. 803.1 Who must report. 803.2 Forms to be used and frequency of

reports. 803.3 Reporting by banks and insurance

companies. 803.4 Exemptions. 803.5 General definitions. 803.6 Specific definitions. 803.7 Estimates. 803.8 Space not needed. 803.9 Special filing procedures. 803.10 Number of reports. 803.11 Time and place of filing reports. 803.12 Information regarding preparation

of reports. AUTHORITY: The provisions of this Part 803 issued under R.S. 161; 5 U.S.C. 22. Interpret or apply sec. 8, 59 Stat. 515; 22 U.S.C. 2861, E.O. 10033, 14 F.R. 561, 3 CFR, 1949 Supp.

SOURCE: The provisions of this part 803 appear at 27 F.R. 3846, Apr. 21, 1962, unless otherwise noted.

1 Filed with the Office of the Federal Register as part of the original document.

one owner. Where combined reports are filed, all owners other than the reporter(s) filing the full report remain liable for the report.

(5) Insurance companies. Reports for foreign branches or subsidiaries are required on Form BE-5781.

(6) Motion picture companies. United States producers or distributors of motion pictures operating in foreign countries through subsidiaries, affiliates or branches, may file quarterly reports on Form BE-35 in lieu of Forms BE-577 and BE-578; however, Forms BE-5778 and BE-577A must be filed annually, if applicable.

(b) Foreign business investment in the United States (1) Basic requirement. A report is required to be filed with respect to every business enterprise subject to the jurisdiction of the United States in which foreign persons, either as individuals or as affiliates hold a controlling interest, or which is controlled in the manner indicated in subparagraph (2) of this paragraph directly or indirectly by a foreign person or persons. Such business enterprises shall include, but not be limited to, corporations, partnerships, investments in real property, leaseholds, estates, trusts, and sole proprietorships or other forms of outright individual ownership.

(2) Foreign beneficial interest. If the foreign controlling interest in a United States business enterprise, including commercial real property, is held, exercised or administered by a United States estate, trust (including irrevocable trusts), nominee, agent, representative, custodian, or other intermediary of the foreign beneficial owners, such intermediary shall be responsible for reporting for the business enterprise the required information on Form BE-605, BE-606, BE-606B or BE-6061, or shall instruct the United States business enterprise in question to submit the required information. This does not relieve the United States business enterprise of responsibility for reporting if such business enterprise has knowledge of the direct or indirect foreign controlling interest, but only one report should be filed for each such enterprise. For the purposes of this report, accounts or transactions of a United States business enterprise with a United States estate, trust, nominee or other intermediary of foreign beneficial owners shall be considered as accounts or transactions with such beneficial owners.

(3) Insurance companies. Reports for U.S. branches or subsidiaries of foreign insurance companies are required on Form BE-6061.

(4) Consolidated reports. If a reporter held a controlling interest in other United States enterprises engaged in the same type of business and is required to report, the information requested in the reporting forms may be consolidated for such reporter and enterprises, provided all accounts are fully consolidated. A list of the enterprises included in the consolidations must be provided.

(c) International receipts and payments of royalties, license fees, rentals, etc. United States individuals and firms who have entered into agreements with residents or governments of foreign countries to sell or buy outright or provide or be provided with the use of intangible assets or rights such as patents, techniques, processes, formulae, designs, trademarks, copyrights, franchises, manufacturing rights, and other similar intangible property or rights shall report on Form BE-93.

NOTE: Film royalties, oil royalties, and other natural resources (mining) royalties are not reportable on this form. Companies leasing or renting machinery, equipment, etc., should also respond on this form. 8 803.2 Forms to be used and frequency

of reports. (a) Each reporter is required to submit reports on the following forms, as applicable. (1) United States direct investments abroad:

Forin BE-577. One Form BE-577 is to be filed quarterly for each foreign corporation directly owned by the reporter and/or its domestic and foreign affiliates to the extent of at least 25 percent of total outstanding voting stock. Where more than one domestic afiliate has transactions with, or interests in, the same foreign corporation, consolidated reports should be filed; consolldated reports may also be filed where several foreign subsidiaries operate in the same country and industry. Reports are also required for direct transactions with foreign enterprises in which 25 percent or more of the voting stock is held through primary foreign enterprises.

Form BE-578. One Form BE-578 is to be filed quarterly for each foreign branch and other direct foreign operations of American reporters, including mining claims, oil concessions held directly or jointly with others and other property such as real estate but excluding branches of banks or insurance

« PreviousContinue »