obligation of his to support his separated spouse will be met during his training and service.

(d) Dependents. If the applicant (whether male or female) has any dependents and has not been designated a Volunteer Leader applicant, he must, prior to being issued an invitation to training, satisfy the Director of Selection and the General Counsel:

(1) As to any dependent other than children under age 18, that his absence for training and service will not deprive his dependent(s) of any care or support which he may be obligated to provide; and

(2) As to any dependent child under age 18-whether or not living with the applicant-that (1) he has arranged satisfactorily for the support of the child during his training and service; (ii) the separation of him and the child will not adversely affect their relationship; and (iii) he is not using Peace Corps service to escape responsibility for the child's welfare.

(e) Legal status. Not be on parole or probation (other than a summary probation) to any court or have any courtestablished or acknowledged financial or other legal obligation which, in the opinion of the Office of the General Counsel, could not be satisfied or postponed during the individual's participation in the Peace Corps.

(f) Medical status. Be able to satisfy the Peace Corps' rigorous physical and mental health requirements.

(g) Absence of intelligence background. Not have worked for or served in any intelligence agency, civilian or military, or have been associated with any intelligence operations.

§ 305.3 Selection standards.

To qualify for selection for overseas service as a Volunteer, a trainee must demonstrate by the end of training that he or she meets the following selection standards, and that his enrollment as a Volunteer must be clearly consistent with the interests of the national security.

(a) Motivation indicating commitment to serve a full term (usually 2 years) as a Volunteer despite periods of stress.

(b) Intelligence sufficient to meet the needs of a particular program and to cope with other challenges of Peace Corps service, including rapid learning in a short training period.

(c) Personal qualities including initiative, determination, friendliness, patience, ability to communicate and respect for other people regardless of race, religion, nationality, social standing or political persuasion.

(d) Competence in the skills and proficiencies needed for the particular job assignment overseas.

(e) Such reasonable proficiency in the host country language as his overseas assignment requires. (See section 23 of the Peace Corps Act.)

(f) Adequate knowledge of both the host country and the United States.

(a) The commissioners of the United States section of the Commission shall appoint one of their number as chairman, to be known as the Chairman of the United States Section of the International Joint Commission, and he shall act as chairman at all meetings of the Commission held in the United States and in respect to all matters required to be done in the United States by the chairman of the Commission.

(b) The commissioners of the Canadian section of the Commission shall appoint one of their number as chairman, to be known as the Chairman of the Canadian Section of the International Joint Commission, and he shall act as chairman at all meetings of the Commission held in Canada and in respect to all matters required to be done in Canada by the chairman of the Commission.

(c) In case it shall be impracticable for the chairman of either section to act in any matter, the commissioner of such section who is senior in order of appointment shall act in his stead. § 401.3 Permanent offices.

The permanent offices of the Commission shall be at Washington, in the District of Columbia, and at Ottawa, in the Province of Ontario, and, subject to the directions of the respective chairmen acting for their respective sections, the secretaries of the United States and Canadian sections of the Commission shall have full charge and control of said offices, respectively.

§ 401.4 Duties of secretaries.

(a) The secretaries shall act as joint secretaries at all meetings and hearings of the Commission. The secretary of the section of the Commission of the country in which a meeting or hearing is held shall prepare a record thereof and each secretary shall preserve an authentic copy of the same in the permanent offices of the Commission.

(b) Each secretary shall receive and file all applications, references and other papers properly presented to the Commission in any proceeding instituted before it and shall number in numerical order all such applications and references; the number given to an application or reference shall be the primary file number for all papers relating to such application or reference.

(c) Each secretary shall forward to the other for filing in the office of the

(a) Subject at all times to special call or direction by the two Governments, meetings of the Commission shall be held at such times and places in the United States and Canada as the Commission or the Chairman may determine and in any event shall be held each year at Washington in April and at Ottawa in October, beginning ordinarily on the first Tuesday of the said months.

(b) If the Commission determines that a meeting shall be open to the public, it shall give such advance notice to this effect as it considers appropriate in the circumstances.

§ 401.6

Service of documents.

(a) Where the secretary is required by the regulations in this part to give notice to any person, this shall be done by delivering or mailing such notice to the person at the address for service that the said person has furnished to the Commission, or if no such address has been furnished, at the dwelling house or usual place of abode or usual place of business of such person.

(b) Where the secretary is required by the regulations in this part to give notice to a Government, this shall be done by delivering or mailing such notice to the Secretary of State for External Affairs of Canada or to the Secretary of State of the United States of America, as the case may be.

(c) Service of any document pursuant to § 401.22 shall be by delivering a copy thereof to the person named therein, or by leaving the same at the dwelling house or usual place of abode or usual place of business of such person. The person serving the notice or request shall furnish an affidavit to the secretary stating the time and place of such service.

§ 401.7 Conduct of hearings.

Hearings may be conducted, testimony received and arguments thereon heard by the whole Commission or by one or more Commissioners from each section of the Commission, designated for that purpose by the respective sections or the Chairman thereof.

§ 401.8 Decision by the whole Commission.

The whole Commission shall consider and determine any matter or question which the Treaty or any other treaty or international agreement, either in terms or by implication, requires or makes it the duty of the Commission to determine. For the purposes of this section and § 401.7, "the whole Commission” means all of the commissioners appointed pursuant to Article VII of the Treaty whose terms of office have not expired and who are not prevented by serious illness or other circumstances beyond their control from carrying out their functions as commissioners. In no event shall a decision be made without the concurrence of at least four commissioners. § 401.9 rules.

Suspension or amendment of

similarly for public information after duplicate originals of the decisions or orders have been transmitted to and filed with the Governments pursuant to Article XI of the Treaty.

(c) Copies of reports submitted to one or both of the Governments pursuant to the Treaty shall be available similarly for public information only with the consent of the Government or Governments to whom the reports are addressed.

(d) Reports, letters, memoranda and other communications addressed to the Commissions, by boards or committees created by or at the request of the Commission, are privileged and shall become available for public information only in accordance with a decision of the Commission to that effect.

(e) Except as provided in the preceding paragraphs of this section, records of deliberations, and documents, letters, memoranda and communications of every nature and kind in the official records of the Commission, whether addressed to or by the Commission, commissioners, secretaries, advisers or any of them, are privileged and shall become available for public information only in accordance with a decision of the Commission to that effect.

(f) A copy of any document, report, record or other paper which under this section is available for public information may be furnished to any person upon payment of any cost involved in its reproduction.

Subpart B-Applications

§ 401.12

Presentation to Commission.

(a) Where one or the other of the Governments on its own initiative seeks the approval of the Commission for the use, obstruction or diversion of waters with respect to which under Articles III or IV of the Treaty the approval of the Commission is required, it shall present to the Commission an application setting forth as fully as may be necessary for the information of the Commission the facts upon which the application is based and the nature of the order of approval desired.

(b) Where a person seeks the approval of the Commission for the use, obstruction or diversion of waters with respect to which under Articles III or IV of the Treaty the approval of the Commission is required, he shall prepare an application to the Commission and forward it to the Government within whose juris

(b) Decisions rendered and orders issued by the Commission and formal opinions of any of the Commissioners with relation thereto, shall be available