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Send your request to the Vice-President/General Counsel. OPIC will charge you a certification fee of $5.00 per document.

(e) Waiver of fees. A waiver or reduction of any fees in connection with the testimony, production, or certification or authentication of records may be granted in the discretion of the VicePresident/General Counsel. Waivers will not be granted routinely. If you request a waiver, your request for records or testimony must state the reasons why a waiver should be granted.

§713.9 If my request is granted, what restrictions may apply?

(a) Records. The Vice-President/General Counsel may impose conditions or restrictions on the release of nonpublic records, including a requirement that you obtain a protective order or execute a confidentiality agreement with the other parties in the legal proEceeding that limits access to and any further di sclosure of the nonpublic records. The terms of a confidentiality agreement or protective order must be acceptable to the Vice-President/GenSeral Counsel. In cases where protective orders or confidentiality agreements have already been executed, OPIC may condition the release of nonpublic for records on an amendment to the existching protective order or confidentiality agreement.

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(b) Testimony. The Vice-President/ General Counsel may impose conditions or restrictions on the testimony of OPIC employees, including, for example, limiting the areas of testimony or requiring you and the other parties to the legal proceeding to agree that the transcript of the testimony will be kept under seal or will only be used or made available in the particular legal proceeding for which you requested the testimony. The Vice-President/General Counsel may also require you to provide a copy of the transcript of the testimony to OPIC at your expense. 8713.10 Defintitions.

For purposes of this part:

Legal proceedings means any matter before any federal, state or foreign administrative or judicial authority, including courts, agencies, commissions,

boards, grand juries, or other tribunals, involving such proceedings as lawsuits, licensing matters, hearings, trials, discovery, investigations, mediation or arbitration. When OPIC is a party to a legal proceeding, it will be subject to the applicable rules of civil procedure governing production of documents and witnesses; however testimony and/or production of documents by OPIC employees, as defined, will still be subject to this part.

Nonpublic records means any OPIC records which are exempt from disclosure by statute or under Part 706, OPIC's regulations implementing the provisions of the Freedom of Information Act. For example, this may include records created in connection with OPIC's receipt, evaluation and action on actual and proposed OPIC finance projects and insurance policies (whether such projects or policies were cancelled or not), including all reports, internal memoranda, opinions, interpretations, and correspondence, whether prepared by OPIC employees or by persons under contract, as well as confidential business information submitted by parties seeking to do business with OPIC. Whether OPIC has actually chosen in practice to apply any exemption to specific documents is irrelevant to the question of whether they are "nonpublic" for the purposes of this Part.

OPIC employee means current and former officials, members of the Board of Directors, officers, directors, employees and agents of the Overseas Private Investment Corporation, including contract employees, consultants and their employees. This definition does not include persons who are no longer employed by OPIC and are retained or hired as expert witnesses or agree to testify about general matters, matters available to the public, or matters with which they had no specific involvement or responsibility during their employment.

Subpoena means any order, subpoena for records or other tangible things or for testimony, summons, notice or legal process issued in a legal proceeding.

Testimony means any written or oral statements made by an individual in

connection with a legal proceeding, including personal appearances in court or at depositions, interviews in person or by telephone, responses to written

interrogatories or other written statements such as reports, declarations, affidavits, or certifications or any response involving more than the delivery of records.

Sec.

Subpart A-Purpose and Scope

901.1 Purpose and scope.

Subpart B-Meanings of Terms as Used in This Chapter

901.10 Act. 901.11 Agency.

901.12 Board.

901.13 Executive secretary.

901.14 Service.

901.15 Exclusive representative.

901.16 Grievant.

901.17 Charged employee.

901.18 Grievance.

901.19 Labor organization.

901.20 Party.

901.21 Record of proceedings. 901.22 Representative.

AUTHORITY: Secs. 610, 1101, 1102, 1105, and 1106 of the Foreign Service Act of 1980, Pub. L. 96-465 (22 U.S.C. 4131, 4132, 4135, and 4136), as amended.

SOURCE: 50 FR 31353, Aug. 2, 1985, unless otherwise noted.

Subpart A-Purpose and Scope

8901.1 Purpose and scope.

The regulations contained in this chapter establish the internal organization of the Foreign Service Grievance Board and prescribe its procedures in:

(a) Determining its jurisdiction in cases involving grievances and separation for cause proceedings;

(b) Compiling a record in such cases; (c) Conducting hearings in such cases, when required or deemed necessary; and

(d) Deciding such cases, or otherwise disposing of them, so as to ensure the fullest measure of due process for the members of the Foreign Service.

Subpart B-Meanings of Terms As Used in This Chapter

8901.10 Act.

Act means the Foreign Service Act of 1980 (Pub. L. 96-465, October 17, 1980), as amended.

[56 FR 55458, Oct. 28, 1991]

Agency means the Department of State, the Agency for International Development, the U.S. Information Agency, the Department of Agriculture, or the Department of Commerce, if the Agency employs the individual appearing in a case before the Board and/or has control over the act, omission, or condition forming the subject matter of such case.

8901.12 Board.

Board means the Foreign Service Grievance Board, including any designated panel or member thereof.

8901.13 Executive secretary.

Executive secretary means the executive secretary of the Board or his or her designee.

8901.14 Service.

Service means the Foreign Service of the United States.

§901.15 Exclusive representative.

Exclusive representative means any labor organization which is certified as the exclusive representative of the bargaining unit of which the grievant or charged employee is a member.

8901.16 Grievant.

Grievant means anyone who has filed a grievance and who is a member of the Service and is a citizen of the United States, or for the purposes of § 901.18(a)(7) a former member of the Service, or in the case of death of the member, the surviving spouse or, if none, another member of the family.

8901.17 Charged employee.

Charged employee means a member of the Senior Foreign Service or a member of the Service assigned to a salary class who has been proposed for separation for cause under section 610(a)(2) of the Act.

8901.18 Grievance.

(a) Grievance means any act, omission, or condition subject to the control of an Agency which is alleged to deprive a member of the Service who is a citizen of the United States of a right