lading or other pertinent evidence required to be furnished to CCC shall identify the validated license number. (h) Identification of multiple contracts. If a single bill of lading or other evidence of export covers more than the net quantity of rice which is to be applied against the exporter's contract with CCC, and the excess quantity covered by the evidence is to be used as evidence of export in connection with a different contract with CCC under this subpart or under any other export program of CCC under which CCC has paid or agreed to pay an export allowance or sold rough rice for export as milled or brown rice, each copy of the evidence of export shall be accompanied by a certification identifying all contracts with CCC to which the evidence of export has been or will be applied and the quantity to be applied to each contract. (1) Miscellaneous certificates. (1) If export is made by vessel, plane, truck, or other carrier operated by a U.S. Government agency, then in lieu of the bill of lading or Shipper's Export Declaration provided for in paragraphs (a) and (b) of this section, a certificate issued by an authorized official or employee of such agency showing the date of shipment(s), type of export carrier, description of the rice, net quantity of rice, and destination. In addition, a certification by the exporter that exportation is not by or to a U.S. Government agency (unless it is to the Army and Air Force Exchange Service, Navy Exchange, or the Panama Canal Company) and such other information required in paragraph (a) of this section as may be applicable. (2) If export is to the Army and Air Force Exchange Service and Navy Exchanges, a certificate of exportation. If export is to the Army and Air Force Exchange Service, the certificate shall be signed by the Chief or Assistant Chief, Transportation Division, AAFES. The certificate for exports to Navy Exchanges is obtainable from the U.S. Navy Ship's Store Office, Third Avenue and 29th Street, Brooklyn, N.Y., and must be signed, as appropriate, by one of the following authorized officials: (1) Director, Water Freight Division, U.S. Naval Supply Center, Oakland, Calif. (11) Director, Traffic Branch Division, U.S. Naval Supply Center, Bayonne, N.J. (iii) Director, Land-Air Freight Division, U.S. Naval Supply Center, Norfolk, Va. (3) If export is to the Army and Air Force Exchange Service, Navy Exchanges, or the Panama Canal Company, a certified statement by an authorized official or employee of such Service, Exchange, or Company, that such Service, Exchange, or Company has received in its purchase price paid or to be paid for the rice exported, the benefit of the export allowance under this subpart. (j) Good cause. Where for good cause, the exporter establishes that he is unable to supply documentary evidence of export as specified in this section, CCC may accept such other evidence of export as will establish to the satisfaction of CCC that the exporter has fully complied with his obligations under his contract with CCC. (k) Additional evidence. Such additional evidence representing export as CCC may require to determine that the exporter has complied with his contract with CCC. [35 F.R. 7880, May 22, 1970, as amended by Amdt. 1, 35 F.R. 18956, Dec. 15, 1970] MISCELLANEOUS PROVISIONS The exporter warrants that no person or selling agency has been employed or retained to solicit or secure a contract under this subpart upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees, or bona fide established commercial or selling agencies maintained by the exporter for the purpose of securing business. For breach or violation of this warranty CCC shall have the right to annul any such contract without liability or in its discretion to deduct from the export payment or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. § 1481.183 Assignments and setoffs. (a) No assignment shall be made by an exporter of any contract with CCC under this subpart or of any rights thereunder, except that the exporter may assign the payments due him under a Form CCC-409, "Application for Rice Export Payment," to any bank, trust company, Federal lending agency, or other financing institution, and subject to the approval of the Contracting Officer, CCC, assignment may be made to any other person: Provided, That such assignment shall be recognized only if and when the assignee thereof files written notice of the assignment together with a signed copy of the instrument of assignment, in accordance with the instructions of Form CCC-251, "Notice of Assignment," which must be used in giving notice of assignment to CCC: And provided further, That any such assignment shall cover all amounts payable and not already paid under the Form CCC-409 and shall not be made to more than one party and shall not be subject to further assignment except that any such assignment may be made to one party as agent or trustee for two or more parties, participating in such financing. The Form CCC-252, "Instrument of Assignment," may be executed or the assignee may use his own form of assignment. Form CCC-252 may be obtained from the Contracting Officer, CCC, or the Kansas City ASCS Commodity Office. (b) If the exporter is indebted to CCC or any other agency of the United States, the amount of such indebtedness may be set off against the amount of the payment due him under a Form CCC-409, "Application for Rice Export Payment." In the case of an assignment and notwithstanding such assignment, CCC may set off (1) any amount due CCC under this subpart and (2) any amounts for which the exporter is indebted to the United States for taxes, with respect to which a notice of lien was filed in accordance with the provisions of the Internal Revenue Code of 1954 (26 U.S.C. 6323) or any amendments or modifications thereof, prior to acknowledgment by CCC of receipt of the notice of assignment and (3) any amounts, other than the amounts specified in subparagraphs (1) and (2) of this paragraph, due CCC or any other agency of the United States, if the assignee was advised of such amounts at the time of acknowledgment by CCC of receipt of the notice of assignment. (c) In the case of an assignment pursuant to paragraph (a) of this section, any indebtedness of the exporter to any agency of the United States which may not be set off pursuant to this paragraph may be set off against any amount due and payable under this subpart which remains after the deduction of amounts (including interest and other charges) due the assignee under the assignment. Set off as provided in this section shall not deprive the exporter of the right to contest the justness of the indebtedness involved either by administrative appeal or by legal action. § 1481.184 Records and accounts. Each exporter of rice under this subpart shall maintain accurate records showing sales and deliveries of rice exported or to be exported in connection with this subpart. Such records, accounts, and other documents relating to any contract in connection with this subpart shall be preserved for 3 years after final payment under the contract and shall be available during business hours for inspection and audit by authorized employees of the U.S. Department of Agriculture. § 1481.185 Place of submission of offers and reports. (a) Offers to export rice including offers consisting of Notices of Sale under Public Law 480 and related reports required to be submitted under this subpart unless otherwise specified in these regulations should be addressed as follows: Chief, Contract Services Branch, Grain Division, Commodity Exports, Export Marketing Service, U.S. Department of Agriculture, Washington, D.C. 20250. (b) Delivery to the above office of telegraphic offers to export and offers consisting of notices of sale under Public Law 480 will be expedited if addressed as follows: Substaff, USDA (AG) Washington, D.C., TWX 710 822 9424 or 710 822 9425, Telex 089 491. (c) Exporters calling the office in paragraph (a) of this section by long distance telephone may do so by direct dialing. The long distance area number for Washington, D.C., is 202. The telephone numbers of the office are DU87305, DU8-7306, DU8-3363 or DU8-3364. § 1481.186 Additional reports. The exporter shall file such additional reports as may be required from time to time by CCC. Box 205), Kansas City, Mo. 64141. Telephone: Area Code 816, 361-0860. § 1481.188 Officials not to benefit. No member of or delegate to Congress or resident commissioner shall be admitted to share any part of the contract or to any benefit that may arise therefrom but this provision shall not be construed to extend to any payment made to a corporation for its general benefit. § 1481.189 Amendment and termination. This subpart may be amended or terminated by filing of such amendment or termination with the Office of the Federal Register for publication. Any such amendment or termination shall not be applicable to export payment contracts made before the effective date and time of such amendment or termination. § 1481.190 Written approval by CCC. Where this subpart specifies certain requirements which are to be approved in writing by CCC, and the exporter wishes to obtain such approval, a request should be filed in writing with the office specified in § 1481.185 sufficiently in advance of expiration of the period for performance of the requirement in order for the exporter to ascertain before said period expires whether his request will be approved. Approval may also be granted after the time specified for performance of the requirement where the exporter has established good cause therefor. NOTE: The recordkeeping and reporting requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Report of wheat exported. 1483.162 Export payments. 1483.163 Evidence of export. CCC SALES OF WHEAT FOR EXPORT 1483.170 Submission of offers. 1483.171 Creation of contracts. Payment terms and financial arrangements. 1483.172 Price. 1483.173 1483.174 Delivery. 1483.175 Specifications. 1483.176 Export requirements. 1483.177 Evidence of export. 1483.178 Adjusted contract price. 1483.179 Inability to perform. MISCELLANEOUS PROVISIONS Covenant against contingent fees. Assignments and setoffs. Announcement of rates and export 1483.181 1483.182 1483.183 1483.184 1483.185 Place of submission of offers and reports. 1483.186 Records and accounts. Additional reports. 1483.187 ASCS offices and General Sales (a) This subpart contains the regulations governing the Wheat Export Program of Commodity Credit Corporation (hereinafter referred to in this subpart as "CCC") under which an exporter of wheat produced in the United States may obtain an export payment and under which wheat from CCC stocks may be made available for export at market prices (without an export allowance) as determined by CCC and when exported may qualify for an export payment.' The program is designed to (1) assure that U.S. wheat is generally competitive in world markets, (2) avoid disruption of world market prices, (3) fulfill the international obligations of the United States, (4) aid the price support program 1 The Export Wheat Marketing Certificate Regulations (7 CFR Part 778) issued by the Secretary under the Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1379 a to 1) provide requirements for the acquisition of export wheat marketing certificates in an amount determined on a daily basis to make wheat competitive in the world market, avoid disruption of world market prices and fulfill the international obligations of the United States. Export marketing certificates are not required for wheat exported when it is determined that prices of wheat are in excess of world prices and export payments are made under these regulations. The Export Wheat Marketing Certificate Regulations also provide requirements for reports of wheat intended to be exported and subsequently for reports of wheat actually exported pursuant to commercial sales (including sales under P.L. 480). Whenever an exporter submits an offer to export wheat under this subpart he has complied with the requirements in the Export Wheat Marketing Certificate Regulations to furnish the Assistant Sales Manager a notice of his intention to export such wheat. If an exporter wishes to export wheat without benefit of an export payment he nonetheless must submit such reports of the wheat he intends to export and reports of the wheat exported as required by the Export Wheat Marketing Certificate Regulations. by strengthening the domestic market price to producers, (5) reduce the quantity of wheat which would otherwise be taken into CCC's stocks under its price support program, and (6) promote the orderly liquidation of CCC stocks. This program will be administered in Washington, D.C., by the Export Marketing Service, U.S. Department of Agriculture and in the field by the Kansas City ASCS Commodity Office. Information pertaining to the program may be obtained from one of the offices listed in § 1483.185 or § 1483.187. [32 F.R. 14739, Oct. 25, 1967, as amended by Amdt. 2, 34 F.R. 6768, Apr. 23, 1969] § 1483.102 General conditions of eligibility. (a) An exporter who wishes to qualify for an export payment under these regulations shall submit an offer to export wheat as provided in this subpart. Export payments on Durum wheat exported before August 1, 1969, shall be based on the export payment rate contained in an offer submitted to and accepted by CCC. Export payment rates on other classes of wheat and on Durum wheat exported on and after August 1, 1969, shall be based on rates announced by CCC. Rates payable by CCC shall be in such amounts as CCC determines will make wheat competitive in world markets, avoid disruption of world market prices and fulfill any applicable international obligations of the United States. The offer submitted by the exporter and its acceptance by CCC shall constitute a contract under which the exporter agrees to export the quantity of wheat to which the offer relates in consideration of the undertaking of CCC to make an export payment, subject to the terms and conditions of this subpart. Payment under this subpart will be made to an exporter on the net quantity of wheat exported in accordance with his contract with CCC. (b) An exportation of wheat produced outside the United States or of a mixture of wheat which contains wheat produced outside the United States is not eligible for an export payment under this subpart. However, if the Assistant Sales Manager determines that such a mixture is exported unintentionally, payment may be made on that portion of the mixed wheat which, it is established to his satisfaction, was produced in the United States. (c) An export of wheat grading sample because of total damage of 30 percent or more, or because it is musty, sour, heating or unfit for human consumption shall not be eligible for an export payment under this subpart. An export of wheat grading sample because of other factors shall not be eligible for an export payment if CCC determines that such export is not in the best interests of the program. (d) To be eligible for an export payment under this subpart, the exporter shall submit a Form CCC-521, "Report of Wheat Exported" which constitutes an application for payment under this subpart, supported by documentary evidence of export, as required in § 1483.163, which has not been used, or will not subsequently be used as evidence of export in connection with (1) any other Form CCC-521, (2) any other export program under which CCC has made or has agreed to make an export allowance, or (3) any other export program which involves the acquisition of wheat from CCC for export at prices which reflect any export allowance. Nothing herein shall be construed as precluding (i) a bill of lading or other documentary evidence of exportation filed under this subpart from being used as evidence in connection with proof of export required in another export program of CCC, including barter transactions, if CCC determines that such use will not result in any duplication of an export payment or allowance, or (ii) the exportation of wheat under this program pursuant to sales under P.L. 480, or (iii) the use in support of a Form CCC-521 of documentary evidence of export which is submitted under § 1483.177 in connection with purchases of wheat from CCC under this subpart. (e) Exportation of wheat by or to a United States Government agency as defined in § 1483.106 (q) shall not qualify as an exportation for the purpose of this subpart. [32 F.R. 14739, Oct. 25, 1967, as amended by Amdt. 2, 34 F.R. 6768, Apr. 23, 1969] § 1483.103 Financial responsibility. CCC reserves the right if it does not have adequate information as to the financial ability of the offeror to meet the obligations he would incur in this subpart (a) to refuse to consider an offer to purchase CCC wheat for export or (b) to refuse to consider an offer or to register a sale to export wheat for an |