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(b) Enlargement. When by the regulations in this chapter or by a notice given thereunder or by order of the Commission an act is required or allowed to be done at or within a specific time, the Commission for good cause shown may, at any time in its discretion (1) with or without motion, notice, or previous order or (2) upon motion, permit the act to be done after the expiration of the specified period.
flict between the interests of an employee or special Government employee of the Commission and the performance of such employee's services for the Government, the Designated Ethics Officer shall have the indicated conflict brought to the attention of the employee or special Government employee, grant the employee or special Government employee an opportunity to explain the indicated conflict, and attempt to resolve the indicated conflict. If the indicated conflict cannot be resolved, the Designated Ethics Officer shall forward a written report on the indicated conflict to the Chairman of the Commission through the counselor for the agency designated under 5 CFR 735.105(a).
PART 502-EMPLOYEE RESPONSIBILITIES AND CONDUCT
Sec. 502.1 Adoption of regulations. 502.2 Review of statements of employment
and financial interests. 502.3 Disciplinary and other remedial
action. 502.4 Gifts, entertainment, and favors. 502.5 Outside employment and other activ
ity. 502.6 Specific provisions of agency regula
tions governing special Government em
ployees. 502.7 Statements of employment and fi.
nancial interests. 502.8 Supplementary statements.
AUTHORITY: E.O. 11222 of May 8, 1965, 3 CFR, 1965 Supp., p. 130; 5 CFR 735.101 et seq.
SOURCE: 52 FR 17560, May 11, 1987, unless otherwise noted.
8 502.3 Disciplinary and other remedial
action. An employee or special Government employee of the Commission who violates any of the regulations in this part or adopted under $ 502.1 may be disciplined. The disciplinary action may be in addition to any penalty prescribed by law for the violation. In addition to or in lieu of disciplinary action, remedial action to end conflicts or appearance of conflicts of interest may include but is not limited to:
(a) Changes in assigned duties;
(b) Divestment by the employee or special Government employee of the employee's conflicting interest; or
(c) Disqualification for a particular assignment.
8 502.1 Adoption of regulations.
Pursuant to 5 CFR 735.104(f), the Foreign Claims Settlement Commission of the United States (referred to hereinafter as “the Commission") hereby adopts the following sections of Part 735 of Title 5, Code of Federal Regulations: Sections 735.101-102, 735.201a, 735.202 (a), (d), (e), (f) through 735.210, 735.303(a), 735.304, 735.305(a), 735.403(a), 735.404, 735.405, 735.407 through 735:411, 735.412 (b) and (d). These adopted sections are modified and supplemented as set forth in th part.
8 502.4 Gifts, entertainment, and favors.
The Commission authorizes the exceptions to 5 CFR 735.202(a) set forth in 5 CFR 735.202(b) (1) through (4).
8 502.2 Review of statements of employ.
ment and financial interests. · Each statement of employment and financial interests submitted under this Part shall be reviewed by the Commission's Designated Ethics Officer. When this review indicates a con
8 502.5 Outside employment and other ac
tivity. An employee of the Commission may engage in outside employment or other qutside activity not incompatible with the full and proper discharge of the duties and responsibilities of such employee's Government employment; Provided, however, That no professional officer or employee of the Commission shall engage in the private practice of such officer or employee's profession, and no officer or employee,
PART 503-PUBLIC INFORMATION
regardless of the nature of his or her duties with the Commission, shall engage in the private practice of law, except upon the prior approval in writing by the Chairman of the Commission.
8 502.6 Specific provisions of agency regu
lations governing special Government
employees. (a) Special Government employees of the Commission shall adhere to the standards of conduct applicable to employees as set forth in this part and adopted under $ 502.1, except 5 CFR 735.203(b).
(b) Special Government employees of the Commission may teach, lecture, or write in a manner not inconsistent with 5 CFR 735.203(c).
(c) Pursuant to 5 CFR 735.305(b), the Commission authorizes the same exceptions concerning gifts, entertainment, and favors for special Government employees as are authorized for employees by $ 502.4.
Sec. 503.1 Organization and authority-Foreign
Claims Settlement Commission. 503.2 Material to be published in the Fed.
eral Register pursuant to Pub. L. 89–487. 503.3 Effect of nonpublication. 503.4 Incorporation by reference. 503.5 Records generally available. 503.6 Current index. 503.7 Additional documents and records
generally available for inspection and
copying. 503.8 Effect of noncompliance. 503.9 Availability of records. 503.10 Actions on requests. 503.11 Appeals. 503.12 Exemptions. 503.13 Fees for services.
AUTHORITY: 5 U.S.C. 552.
SOURCE: 52 FR 17561, May 11, 1987, unless otherwise noted.
8 502.7 Statements of employment and fi
nancial interests. (a) In addition to the employees required to submit statements of employment and financial interests under 5 CFR 735.403(a), attorneys in charge of divisions shall submit statements of employment and financial interests.
(b) Each statement of employment and financial interests required by this section shall be submitted to the Chairman of the Commission.
(c) An employee who believes that his or her position has been improperly included in this section as one requiring the submission of a statement of employment and financial interests may obtain a review thereof under the Commission's grievance procedure.
8 503.1 Organization and authority-For
eign Claims Settlement Commission. (a) The Foreign Claims Settleinent Commission of the United States (“the Commission”) is an independent agency of the Federal Government created by Reorganization Plan No. 1 of 1954 (68 Stat. 1279) effective July 1, 1954. The Commission was transferred to the Department of Justice as an independent agency within that Department as of October 1, 1980, under the terms of Pub. L. 96-209, approved March 14, 1980 (94 Stat. 96, 22 U.S.C. 1622c). Its duties and authority are defined in the International Claims Settlement Act of 1949, as amended (64 Stat. 12, 22 U.S.C. 1621-16450) and the War Claims Act of 1948 (62 Stat. 1240, 50 U.S.C. App. 2001-2017p).
(b) The Commission has jurisdiction to determine claims of United States nationals against foreign governments for compensation for losses and injuries sustained by such nationals, pursuant to programs which may be authorized under either of said Acts. Available funds have their sources in international settlements or liquidation of foreign assets in this country by the Department of Justice or Treasury, and from public funds when provided by the Congress.
(c) The Chairman and the two parttime members of the Commission are
8 502.8 Supplementary statements.
Notwithstanding the filing of the annual supplementary statement required by 5 CFR 735.406, each employee shall at all times avoid acquiring a financial interst that could result, or taking an action that would result, in a violation of the conflicts-of-interest provisions of section 208 of Title 18, United States Code, or the regulations in this part or adopted under $ 502.1.
appointed by the President with the law, and statements of general policy advice and consent of the Senate to or interpretations of general applicaserve for 3-year terms of office as pro bility formulated and adopted by the vided by Pub. L. 96-209, supra.
agency. (d) Al functions of the Commission
(e) Every amendment, revision, or are vested in the Chairman with re
repeal of the foregoing. spect to the internal management of the affairs of the Commission, includ 8 503.3 Effect of nonpublication. ing but not limited to: (1) The appointment of personnel
Except to the extent that a person employed under the Commission;
has actual and timely notice of the (2) The direction of employees of
terms thereof, no person shall in any the Commission and the supervision of
manner be required to resort to, or be their official duties;
adversely affected by, any matter re(3) The distribution of business quired to be published in the FEDERAL among employees and organizational REGISTER and not so published. units under the Commission; (4) The preparation of budget esti
8 503.4 Incorporation by reference. mates; and
For purposes of this part, matter (5) The use and expenditures of
which is reasonably available to the funds of the Commission available for
class of persons affected thereby shall expenses of administration.
be deemed published in the FEDERAL (e) Requests for records shall be
REGISTER when incorporated by refermade in writing by mail or presented
ence therein with the approval of the in person to the Administrative Offi
Director of the Federal Register. cer, Foreign Claims Settlement Commission, Washington, DC, 20579.
8 503.5 Records generally available. (f) The offices of the Commission are located at 1111 20th Street NW.
The Commission will make promptly (Vanguard Building), 4th Floor, Wash
available to any member of the public ington, DC.
the following documents:
(a) Proposed and Final Decisions (in8 503.2 Material to be published in the cluding dissenting opinions) and all
Federal Register pursuant to Pub. L. orders made with respect thereto;
(b) Statements of policy and interThe Commission shall separately pretations which have been adopted state and concurrently publish the fol by the Commission which have not lowing materials in the FEDERAL REGIS
been published in the FEDERAL REGISTER for the guidance of the public:
TER; and (a) Descriptions of its central and
(c) A current index, which shall be field organization and the established
updated at least quarterly, covering places at which, the officers from
the foregoing material adopted, issued whom, and the methods whereby, the
or promulgated after July 4, 1967. public may secure information, make submittals or requests, or obtain deci.
Publication of an index is deemed sions.
both unnecessary and impractical. (b) Statements of the general course
However, copies of the index are availand method by which its functions are
able upon request for a fee of the channeled and determined, including
direct cost of duplication. the nature and requirements of all
8 503.6 Current index. formal and informal procedures available.
The Commission shall maintain and (c) Rules of procedure, descriptions make available for public inspection of forms available or the places at and copying, current indexes providing which forms may be obtained, and in identifying information for the public structions as to the scope and contents as to any matter issued, adopted, or of all papers, reports, or examinations.
promulgated after July 4, 1967, as re(d) Substantive rules of general ap quired by 5 U.S.C. 552(a)(2). plicability adopted as authorized by
8 503.7 Additional documents and records
generally available for inspection and
copying. The following kinds of documents are also available for inspection and copying in the offices of the Commission:
(a) Rules of practice and procedure.
(b) Annual report of the Commission to the Congress of the United States.
(c) Bound volumes of Commission decisions.
(d) International Claims Settlement Act of 1949, with amendments; the War Claims Act of 1948, with amendments; and related Acts.
(e) Claims agreements with foreign governments effecting the settlement of claims under the jurisdiction of the Commission.
(f) Press releases and other miscellaneous material concerning Commission operations.
(g) Indexes of claims filed under the various claims programs administered by the Commission. 8 503.8 Effect of noncompliance.
No decision, 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 Commission against any private party unless it has been indexed and either made available or published as provided by this Part, or unless that private party shall have actual and timely notice of the terms thereof.
is mailed or hand-delivered to the Commission.
(b) If the requirements of paragraph (a) of this section are not met, the ten day time limit described in g 503.10(a) will not begin to run until the request has been identified by an official or employee of the Commission as a request under the Freedom of Information Act and has been received by the appropriate official or employee of the Commission.
(c) Each person desiring access to a record covered in this part that is located in the Commission, or to obtain a copy of such a record, must make a written request to the Administrative Officer, Foreign Claims Settlement Commission, 1111 20th Street NW., Washington, DC 20579.
(d) Each request should reasonably describe the particular record requested. The request should specify the subject matter, the date when it was made and the person or office that made it. If the description is insuffi. cient, the official or employee han. dling the request may notify the person making the request and, to the extent possible, indicate the additional data required.
(e) Each record made available under this section is available for in. spection and copying during regular working hours. Original documents may be copied but may not be released from custody.
(f) Authority to administer this part in connection with Commission records is delegated to the Administrative Officer or the Commission employee acting in that official's capacity.
8 503.9 Availability of records.
(a) Each person desiring access to a record covered by this part must comply with the following provisions:
(1) A written request must be made for the record.
(2) Such request must indicate that it is being made under the Freedom of Information Act.
(3) The envelope in which the request is sent must be prominently marked with the letters "FOIA".
(4) The request must be addressed to the appropriate official or employee of the Commission as set forth in paragraph (c) of this section.
(5) The foregoing requirements must be complied with whether the request
8 503.10 Actions on requests.
(a) The Administrative Officer or any employee acting in that official's capacity shall determine within ten days (excepting Saturdays, Sundays, and public holidays) after the receipt of any such request whether to comply with such request. Upon receipt of a request for a Commission record which is available, thu Administrative Officer or other employee shall notify the requester as to the time the record is available, and shall promptly make the record available after advis
ing such requester of the applicable days) after the receipt of such appeal. fees under $ 503.13. The person If, on appeal, the denial of the request making such request shall be notified for records is in whole or in part immediately after any adverse deter upheld, the person making such remination, the reasons for making such quest shall be notified of the proviadverse determination and the right of sions for judicial review of that detersuch person to appeal.
mination under section 552(a)(4) of (b) Any denial of a request for a
Title 5, United States Code. record shall be written and signed by the Administrative Officer or other 8 503.11 Appeals. employee, including a statement of the
(a) Any person to whom a record has reason for denial. Such statement shall contain, as applicable:
not been made available within the (1) A reference to the specific ex
time limits established by paragraph emption under the Freedom of Infor
(d) of $ 503.10, and any person who mation Act authorizing the withhold
has been given an adverse determinaing of a record, and to the extent con
tion pursuant to paragraph (b) of sistent with the purpose of the exemp
503.10, that a requested record will tion, an explanation of how the ex
not be disclosed, may apply to the emption applies to the record with
Chairman of the Commission, or in held.
the Chairman's absence an officer or (2) If a record requested does not employee designated by the Chairexist or has been legally disposed of, man, for reconsideration of the rethe requester shall be so notified. quest. A determinątion that a record
(c) In unusual circumstances, the will not be disclosed is not administratime limit prescribed in paragraph (a) tively final for the purpose of judicial may be extended by written notice to review unless it was made by the the person making such request set Chairman Chairman's designee, ting forth the reasons for such exten unless the applicable time limit has sion and the date on which a determi.
passed without a determination of the nation is expected to be dispatched. appeal having been made. No such notice shall specify a date
(b) Each application for reconsiderthat would result in an extension for
ation must be made in writing within more than ten working days. As used
thirty days from the date of receipt of in this paragraph, “unusual circum
the original denial and must include stances” means, but only to the extent
all information and arguments relied reasonably necessary to the proper processing of the particular request
upon by the person making the re(1) The need to search for and col
quest. Such application must indicate lect the requested records from other
that it is an appeal from a denial of a establishments that are separate from
request made under the Freedom of the office processing the request;
Information Act. The envelope in (2) The need to search for, collect,
which the application is sent must be and appropriately examine a volumi
prominently marked with the letters nous amount of separate and distinct
“FOIA”. If these requirements are not records which are demanded in a
met, the twenty day limit described in single request; or
$ 503.10 will not begin to run until the (3) The need for consultation, which
application has been identified as an shall be conducted with all practicable application under the Freedom of Inspeed, with another agency having a
formation Act and has been received substantial interest in the determina by the appropriate office. tion of the request or among two or
(c) Whenever it is to be determined more components of the agency necessary, the person making the rehaving substantial subject-matter in quest may be required to furnish additerest therein.
tional information, or proof of factual (d) With respect to determinations allegations and other proceedings apon appeals, such determinations shall propriate in the circumstances may be be made within twenty days (except ordered. The decision of the Chairman ing Saturdays, Sundays, and legal holi or Chairman's designee as to the avail