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Bureau of Standards pertaining to lab- tary of State, or the duly authorized reporatory standardization and testing. resentative of the Secretary of State.

(b) Practical laboratory training in Applications shall be transmitted to the various branches of physics, chemistry, Secretary of State by the government of and engineering research, under the di. the American republic of which the aprection of the National Bureau of Stand- plicant is a citizen through the American ards, which will include the usual subdi- diplomatic mission accredited to that visions of physics (weights and measures, government. heat, optics, mechanics, atomic physics,

8 255.4 Allowances and expenses. electrical measurements and radio) and also technologic applications in research

Allowances and expenses shall be as and testing on metals, rubber, leather, provided in State Department regulapaper, textiles, plastics, and clay and sill. tions given in 22 CFR Part 61, and as cate products.

provided in Department of Commerce (c) Observation and study in such

Administrative Order No. 202-3.
other laboratories within the continental 8 255.5 Progress reports.
United States as may be selected by the
Director of the National Bureau of

Applicants awarded fellowships under Standards.

the regulations in this part shall submit (d) Courses of instruction or research

written reports of progress in training

and research at such intervals as the Di. assignments supplementing the practical laboratory training, in universities or

rector of the National Bureau of Standcolleges selected by the Director of the

ards may determine. National Bureau of Standards.

8 255.6 Duration of fellowships. 8 255.2 Qualifications.

Fellowships may be awarded for peEach applicant selected for a fellow

riods of varying length, not exceeding ship shall be:

one 12-month period of actual training (a) A citizen of an American republic

and research and may be extended other than the United States;

for not exceeding the same periods in (b) In possession of a certificate of

the manner prescribed under $255.3 and medical examination issued by a licensed

subject to the availability of appropriaphysician within 60 days of the date of

tions. Fellowships may be cancelled for application, describing the applicant's

cause by the Director of the National physical condition and stating that he is

Bureau of Standards, with the approval free from any communicable disease,

of the Secretary of Commerce and the physical deformity or disability that

Secretary of State, or the duly authorized would interfere with the proper pursuit

representative of the Secretary of State. of training, research, or any other activ- 8 255.7 Official notification. ity or work incident to the fellowship;

Each applicant selected by the Direc(c) Able to speak, read, write and un

tor of the National Bureau of St lards derstand the English language; (d) Of good moral character and

and approved by the Secretary of Com

merce and the Secretary of State, or the possessing intellectual ability and suitable personal qualities; and

duly authorized representative of the

Secretary of State, shall be notified of (e) In possession of acceptable evidence that he has successfully completed

his award through diplomatic channels.

The notification shall state the duration the equivalent of a four-year university course in a recognized university, college

and type of fellowship, outline the pro

gram of training and research, and state or other institution of learning, with

the allowances authorized: Provided, some training or experience in the field

however, That the Director of the Naof activity which he desires to pursue.

tional Bureau of Standards may subseEquivalent experience may be substituted

quently amend the program and durafor the university training in the case of

tion of the fellowship if in his opinion candidates who are otherwise specially

such action would be in the interest of well qualified.

obtaining training and research better & 255.3 Award of fellowships.

suited to the needs and capabilities of

the fellow than those prescribed in the Fellowships shall be awarded by the

notification. The amount originally auDirector of the National Bureau of Standards, with the approval of the 1 Not filed with the Ofice of the Federal Secretary of Commerce and the Secre- Register.

thorized for monthly allowances and other expenses may also be amended, u necessary, with the approval of the Secretary of Commerce and the Secretary of State, or the duly authorized representative of the Secretary of State.

PART 256_RESEARCH ASSOCIATE

PROGRAM Sec. 256.1 Introduction. 256.2 The Research Associate Program. 256.3 Procedure. 256.4 Qualifications. 256.5 Duration of projects. 256.6 Information concerning the Research

Associate Program. AUTHORITY: The provisions of this part 256 issued under 27 Stat. 395, 31 Stat. 1039; 20 U.S.C. 91.

SOURCE: The provisions of this Part 256 appear at 32 F.R. 10252, July 12, 1967, unless otherwise noted. $ 256.1 Introduction.

This Part states policies and procedures concerning the Research Associate Program at the National Bureau of Standards. In the exercise of its functions as a major scientific agency of the Federal Government, the National Bureau of Standards may make its facilities available to persons other than Bureau employees to work with NBS scientists and engineers in collaborative research aimed at furthering the Nation's scientific, industrial, and economic growth. Such cooperative programs may be sponsored by professional, technical, or industrial organizations or associations. Such participants, when so sponsored, are designated "Research Associates”. § 256.2 The Research Associate Program.

The Bureau provides its facilities, scientific competence, and technical supervision for defined scientific or technical research by a Research Associate when such research is complementary to and compatible with scientific or technical research being performed or to be undertaken by NBS under its statutory mission and authority. The Sponsors pay the salaries of their Research Associates and Sponsor-furnished technical as

sistants and secretaries of the Research Associates, if any, their travel costs, and other related expenses. Additionally, Sponsors reimburse NBS for the cost of research equipment, services, or materials obtained for the Research Associate. Beginning in the third year of continued sponsorship, Sponsors also reimburse the Bureau for other costs such as, supervision and administrative expenses at a rate comparable to the cost experienced for NBS employees for similar services. § 256.3 Procedure.

Arrangements for collaborative research by NBS with a Research Associate generally begin through discussions or correspondence between NBS scientists and representatives of potential sponsoring companies, trade associations or professional organizations. These preliminary steps are followed by the consummation of a Memorandum of Agreement which is signed by NBS, the sponsoring organization and the Research Associate. The agreement sets out the respective responsibilities and obligations of all parties. $ 256.4 Qualifications.

Each candidate selected to serve as a Research Associate must be determined to be scientifically qualified by the Sponsor and by the NBS, and found by NBS to be of good moral character and to possess suitable personal qualities. § 256.5

Duration of projects. The work of a Research Associate is generally conducted on a full-time basis. Typically, Research Associates are in residence at NBS for 6 to 18 months; longer-term programs may be carried on by a succession of Research Associates. Agreements provide for cancellation by any of the parties. § 256.6 Information concerning the Re

search Associate Program. Information concerning the Research Associate Program may be obtained from the Office of Professional and Academic Liaison, National Bureau of Standards, Washington, D.C. 20234. [38 FR 25908, Sept. 17, 1973]

CHAPTER 111—DOMESTIC AND INTERNATIONAL
BUSINESS ADMINISTRATION, DEPARTMENT

OF COMMERCE 1

SUBCHAPTER A-MISCELLANEOUS REGULATIONS

Part 302 363 364 365 366

Foreign excess property regulations.
China Trade Act regulations.
Trade fairs in the United States.
Mobile trade fairs.
Joint Export Associations.

SUBCHAPTER B-EXPORT REGULATIONS

368 U.S. Import Certificate and delivery verification procedure.
369 Restrictive trade practices or boycotts.
370

Export licensing general policy and related information.
371 General licenses.
372 Individual validated licenses and amendments.
373 Special licensing procedures.
374 Reexports.
375 Documentation requirements.
376 Special commodity policies and provisions.
377 Short supply controls.
378 Special nuclear controls.
379 Technical data.
380—384 [Reserved]
385 Special country policies and provisions.
386 Export clearance.
387 Enforcement.
388 Administrative proceedings.
389 Administrative reviews and appeals.
390 General orders.
391-398 Reserved]
399 Commodity Control List and related matters.

Note: Nomenclature changes in Chapter III appear at 38 FR 30868, Nov. 8, 1973.

138 FR 12736, May 15, 1973.

SUBCHAPTER A-MISCELLANEOUS REGULATIONS

PART 302—FOREIGN EXCESS

quirements of the Department of the PROPERTY REGULATIONS

Treasury under the Mutual Security Act Sec.

of 1954, as amended. (See 26 CFR part 302.1 General provisions. 302.2 Definitions.

180.) In such instances, issuance of an 302.3 Criteria.

FEP Import Authorization in no way af302.4 General determinations of shortage

fects those import permit requirements. or benefit.

$ 302.2 Definitions. 302.5 Entries in bond for reexport. 302.6 Entries in bond other than for re- For the purposes of the regulations in export.

this part and the forms issued to imple302.7 Applications.

ment them: 302.8 Issuance of FEP Import Determina

(a) Foreign excess property" (FEP) tions. 302.9 Issuance of FEP Import Authoriza

means any property (except any agritions.

cultural commodity, food, or cotton or 302.10 Transfer of FEP Import Authoriza

woolen goods) located outside the United tions.

States, under the control of any Federal 302.11 Time extensions.

agency which is not required for its needs 302.12 Appeals.

and the discharge of its responsibilities 302.13 Exemptions.

as determined by the head thereof. It 302.14 Violations and penalties.

includes any such property after it has 302.15 Communications. 302.16 Transitional provisions.

been disposed of by such Federal agency, 302.17 Revocation of previous order.

notwithstanding any subsequent change Appendix A

of ownership. The importation of surplus AUTHORITY.-Secs. 402, 404 (b), 601 of the

property sold by the U.S. Government or Federal Property and Adminstrative Services

any agency thereof in foreign areas beAct of 1949, as amended (63 Stat. 398, 399, 64

fore July 1, 1949, is governed by foreign Stat. 583; 40 U.S.C. 512, 514(b) and 473); Liquidation Commissioner's regulation 8, Foreign Liquidation Commissioner's Reg. 8 which delegates to the Secretary of Com(44 CFR 308.15); Commerce Department Or- merce jurisdiction over some but not all ganization Orders No. 10–3, as amended, and

of such property. To the extent that 40–1; and Domestic and International Busi

jurisdiction over such property is deleness Administration Organization and Function Orders 44-1 and 44-2.

gated to the Secretary of Commerce, such

property shall be deeemd to be foreign SOURCE: 38 FR 11068, May 4, 1973, unless

excess property, and is governed by the otherwise noted.

provisions of this part. § 302.1 General provisions.

(b) Deputy Assistant Secretary" This part prescribes regulations for

means the Deputy Assistant Secretary

for Resources and Trade Assistance, Domaking applications for determinations as to whether importation of foreign ex

mestic and International Business Adcess property, as defined in this part,

ministration, Department of Commerce. would relieve domestic shortages or

(c) “Foreign Excess Property Officer otherwise be beneficial to the economy of

(FEPO)” means the officer appointed by this country. This part also prescribes:

the Deputy Assistant Secretary to ad(a) Procedures for the issuance of FEP

minister the regulations of this part. Import Determinations and FEP Import

(d) “Appeals Board” means the ApAuthorizations, as defined in § 302.2(g)

peals Board for the U.S. Department of and (h); (b) detailed criteria to be ap

Commerce. plied in determining whether importa

(e) “Person" means any individual, tion of foreign excess property would re

corporation, partnership, firm, associalieve domestic shortages or otherwise be

tion, trust, estate, or other entity. beneficial to the economy of this country;

(f) "United States” means the States

of the Union, the District of Columbia, and (c) procedures for the making of

the Commonwealth of Puerto Rico, and general determinations and amendments

the Virgin Islands. and withdrawals thereof by the Deputy

(g) "FEP Import Determination" Assistant Secretary with respect to the (Form DIB-303, formerly Form FEPF-2) importation of particular foreign excess means the document issued by the FEPO property. It should be noted that foreign stating that the importation of specified excess property may, in whole or in part, and identified foreign excess property also be subject to the import permit re- would, or would not, relieve domestic

*

*

shortages or otherwise be beneficial to with domestically produced products the economy of this country. An FEP of like or equivalent grade, quality, Import Determination is not an author- capacity, dimension or performance ization to import foreign excess property. characteristics.

(h) "FEP Import Authorization” (ii) Outstanding FEP Import Deter(Form DIB-305, formerly Form FEPF-4) minations. FEP Import Determinations means the document issued by the issued for the importation of a gi FEPO to the owner of specified and iden- product will be included in the domestic tified foreign excess property author- supply for the purpose of determining izing such person to import such foreign whether shortages exist. excess property in the United States (iii) Unused versus used property. within the period stated therein.

Unless the facts and circumstances dic(i) “Used” property means property tate to the contrary, unused foreign which at the time of disposal by a Fed- excess property will be regarded as comeral agency is classified as such in the petitive with unused property of domesproduct description and condition in the tic manufacture, and used foreign excess invitation for bid.

property will be regarded as compet(j) “Unused" property means property itive with used property of domestic which at the time of disposal by a Fed- manufacture. eral agency is classified as such in the (iv) Geographic basis for determinaproduct description and condition in the tion. The market area for particular invitation for bid.

foreign excess property shall be the en(38 FR 11068, May 4, 1973, as amended at tire United States, or parts thereof, de38 FR 14748, June 5, 1973]

pending on established market boundCriteria. $ 302.3

aries for such property. A determination

that importation of particular foreign (a) Basic criteria. The basic criteria

excess property would or would not regoverning the importation of foreign ex- lieve domestic shortages shall take into cess property contained in the Federal consideration the economic accessibility Property and Administrative Services Act of available competitive products to the of 1949, as amended, are whether “* market area in which it is proposed to the importation of such property would sell or use the particular foreign excess relieve domestic shortages or otherwise property. be beneficial to the economy of this coun- (2) Beneficial to the economy of this

* *.” These basic criteria require country. The importation of foreign particularization in their application. excess property must have special beneMore detailed criteria are set forth below. fits over and beyond any benefits to be

(b) Detailed criteria.-(1) Short- derived in the marketplace solely by an ages. A shortage in the market for any added supply of goods and materials particular type or class of goods or mate- through imports. rials exists when the demand is greater (i) Unique items. Articles of historthan the supply. Shortages may be tem- ical value for use as museum or collecporary or seasonal in nature and may tion pieces and the like may be considalso be chronic or of long duration. ered beneficial to the economy. Shortages may be caused by inadequate (ii) Expenditures accruing from the productive capacity to supply the mar- importation. A need for expenditures ket; by insufficient raw materials or com- for labor, materials, parts, storage, transponent parts; by inadequate labor force portation, and the like, together with or work stoppage; or by lack of sufficient other relevant factors, subsequent to imdemand to support economic production. portation, may be considered beneficial Shortages are to be determined as of the

to the economy. date of receipt of an application for FEP

$ 302.4 General determinations of short. Import Determination. Normal commer

age or benefit. cial practices applicable to the production and delivery of particular goods and

(a) Upon application of any interested materials shall be considered in deter

person or on his own motion, the Deputy mining whether shortages exist.

Assistant Secretary may make a general (i) Competitive products. In deter- determination that the importation of mining shortages, a product of specific particular foreign excess property would grade, quality, capacity or dimension, or relieve domestic shortages or otherwise having particular performance charac- be beneficial to the economy of this counteristics, shall be considered competitive try and may amend or withdraw any

try *

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