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Bureau of Standards pertaining to laboratory standardization and testing.

(b) Practical laboratory training in various branches of physics, chemistry, and engineering research, under the direction of the National Bureau of Standards, which will include the usual subdivisions of physics (weights and measures, heat, optics, mechanics, atomic physics, electrical measurements and radio) and also technologic applications in research and testing on metals, rubber, leather, paper, textiles, plastics, and clay and silicate products.

(c) Observation and study in such other laboratories within the continental United States as may be selected by the Director of the National Bureau of Standards.

(d) Courses of instruction or research assignments supplementing the practical laboratory training, in universities or colleges selected by the Director of the National Bureau of Standards.

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Each applicant selected for a fellowship shall be:

(a) A citizen of an American republic other than the United States;

(b) In possession of a certificate of medical examination issued by a licensed physician within 60 days of the date of application, describing the applicant's physical condition and stating that he is free from any communicable disease, physical deformity or disability that would interfere with the proper pursuit of training, research, or any other activity or work incident to the fellowship;

(c) Able to speak, read, write and understand the English language;

(d) Of good moral character and possessing intellectual ability and suitable personal qualities; and

(e) In possession of acceptable evidence that he has successfully completed the equivalent of a four-year university course in a recognized university, college or other institution of learning, with some training or experience in the field of activity which he desires to pursue. Equivalent experience may be substituted for the university training in the case of candidates who are otherwise specially well qualified.

§ 255.3 Award of fellowships.

Fellowships shall be awarded by the Director of the National Bureau of Standards, with the approval of the Secretary of Commerce and the Secre

tary of State, or the duly authorized representative of the Secretary of State. Applications shall be transmitted to the Secretary of State by the government of the American republic of which the applicant is a citizen through the American diplomatic mission accredited to that government.

§ 255.4 Allowances and expenses.

Allowances and expenses shall be as provided in State Department regulations given in 22 CFR Part 61, and as provided in Department of Commerce Administrative Order No. 202-3.1

§ 255.5 Progress reports.

Applicants awarded fellowships under the regulations in this part shall submit written reports of progress in training and research at such intervals as the Director of the National Bureau of Standards may determine.

§ 255.6 Duration of fellowships.

Fellowships may be awarded for periods of varying length, not exceeding one 12-month period of actual training and research and may be extended for not exceeding the same periods in the manner prescribed under § 255.3 and subject to the availability of appropriations. Fellowships may be cancelled for cause by the Director of the National Bureau of Standards, with the approval of the Secretary of Commerce and the Secretary of State, or the duly authorized representative of the Secretary of State. § 255.7 Official notification.

Each applicant selected by the Director of the National Bureau of Standards and approved by the Secretary of Commerce and the Secretary of State, or the duly authorized representative of the Secretary of State, shall be notified of his award through diplomatic channels. The notification shall state the duration and type of fellowship, outline the program of training and research, and state the allowances authorized: Provided, however, That the Director of the National Bureau of Standards may subsequently amend the program and duration of the fellowship if in his opinion such action would be in the interest of obtaining training and research better suited to the needs and capabilities of the fellow than those prescribed in the notification. The amount originally au

1 Not filed with the Office of the Federal Register.

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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

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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 Research 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 III-DOMESTIC AND INTERNATIONAL
BUSINESS ADMINISTRATION, DEPARTMENT

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368

369

SUBCHAPTER B-EXPORT REGULATIONS

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

Export licensing general policy and related information.
General licenses.

Individual validated licenses and amendments.

Special licensing procedures.

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370

371

372

373

374

375

376

377

378

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Special nuclear controls.

Technical data.

380-384 [Reserved]

Special country policies and provisions.

Enforcement.

Administrative proceedings.

Administrative reviews and appeals.

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.

Sec.

302.1

302.2

302.3

302.4

302.5

302.6

302.7 302.8

302.9

302.10

302.11

302.12

302.13

302.14

302.15

302.16

SUBCHAPTER A-MISCELLANEOUS REGULATIONS

PART 302-FOREIGN EXCESS

PROPERTY REGULATIONS

General provisions.

Definitions.

Criteria.

General determinations of shortage
or benefit.

Entries in bond for reexport.

Entries in bond other than for re-
export.
Applications.

Issuance of FEP Import Determina-
tions.

Issuance of FEP Import Authoriza-
tions.

Transfer of FEP Import Authoriza-
tions.

Time extensions.

Appeals.

Exemptions.

Violations and penalties.

Communications.

Transitional provisions.

302.17 Revocation of previous order. Appendix A

AUTHORITY.-Secs. 402, 404(b), 601 of the Federal Property and Adminstrative Services Act of 1949, as amended (63 Stat. 398, 399, 64 Stat. 583; 40 U.S.C. 512, 514(b) and 473); Foreign Liquidation Commissioner's Reg. 8 (44 CFR 308.15); Commerce Department Organization Orders No. 10-3, as amended, and 40-1; and Domestic and International Business Administration Organization and Function Orders 44-1 and 44-2.

SOURCE: 38 FR 11068, May 4, 1973, unless otherwise noted.

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quirements of the Department of the Treasury under the Mutual Security Act of 1954, as amended. (See 26 CFR part 180.) In such instances, issuance of an FEP Import Authorization in no way affects those import permit requirements. § 302.2 Definitions.

For the purposes of the regulations in this part and the forms issued to implement them:

(a) "Foreign excess property" (FEP) means any property (except any agricultural commodity, food, or cotton or woolen goods) located outside the United States, under the control of any Federal agency which is not required for its needs and the discharge of its responsibilities as determined by the head thereof. It includes any such property after it has been disposed of by such Federal agency, notwithstanding any subsequent change of ownership. The importation of surplus property sold by the U.S. Government or any agency thereof in foreign areas before July 1, 1949, is governed by foreign Liquidation Commissioner's regulation 8, which delegates to the Secretary of Commerce jurisdiction over some but not all of such property. To the extent that jurisdiction over such property is delegated to the Secretary of Commerce, such property shall be deeemd to be foreign excess property, and is governed by the provisions of this part.

(b) "Deputy Assistant Secretary" means the Deputy Assistant Secretary for Resources and Trade Assistance, Domestic and International Business Administration, Department of Commerce.

(c) "Foreign Excess Property Officer (FEPO)" means the officer appointed by the Deputy Assistant Secretary to administer the regulations of this part.

(d) "Appeals Board" means the Appeals Board for the U.S. Department of Commerce.

This part prescribes regulations for making applications for determinations as to whether importation of foreign excess property, as defined in this part, would relieve domestic shortages or otherwise be beneficial to the economy of this country. This part also prescribes: (a) Procedures for the issuance of FEP Import Determinations and FEP Import Authorizations, as defined in § 302.2(g) and (h); (b) detailed criteria to be applied in determining whether importation of foreign excess property would relieve domestic shortages or otherwise be beneficial to the economy of this country; and (c) procedures for the making of general determinations and amendments 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

(e) "Person" means any individual, corporation, partnership, firm, association, trust, estate, or other entity.

(f) "United States" means the States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.

shortages or otherwise be beneficial to the economy of this country. An FEP Import Determination is not an authorization to import foreign excess property.

(h) "FEP Import Authorization" (Form DIB-305, formerly Form FEPF-4) means the document issued by the FEPO to the owner of specified and identified foreign excess property authorizing such person to import such foreign excess property in the United States within the period stated therein.

(i) "Used" property means property which at the time of disposal by a Federal agency is classified as such in the product description and condition in the invitation for bid.

(j) "Unused" property means property which at the time of disposal by a Federal agency is classified as such in the product description and condition in the invitation for bid.

[38 FR 11068, May 4, 1973, as amended at 38 FR 14748, June 5, 1973]

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(a) Basic criteria. The basic criteria governing the importation of foreign excess property contained in the Federal Property and Administrative Services Act of 1949, as amended, are whether "* the importation of such property would relieve domestic shortages or otherwise be beneficial to the economy of this country ***." These basic criteria require particularization in their application. More detailed criteria are set forth below.

(b) Detailed criteria.-(1) Shortages. A shortage in the market for any particular type or class of goods or materials exists when the demand is greater than the supply. Shortages may be temporary or seasonal in nature and may also be chronic or of long duration. Shortages may be caused by inadequate productive capacity to supply the market; by insufficient raw materials or component parts; by inadequate labor force or work stoppage; or by lack of sufficient demand to support economic production. Shortages are to be determined as of the date of receipt of an application for FEP Import Determination. Normal commercial practices applicable to the production and delivery of particular goods and materials shall be considered in determining whether shortages exist.

(i) Competitive products. In determining shortages, a product of specific grade, quality, capacity or dimension, or having particular performance characteristics, shall be considered competitive

with domestically produced products of like or equivalent grade, quality, capacity, dimension or performance characteristics.

(ii) Outstanding FEP Import Determinations. FEP Import Determinations issued for the importation of a given product will be included in the domestic supply for the purpose of determining whether shortages exist.

(iii) Unused versus used property. Unless the facts and circumstances dictate to the contrary, unused foreign excess property will be regarded as competitive with unused property of domestic manufacture, and used foreign excess property will be regarded as competitive with used property of domestic manufacture.

(iv) Geographic basis for determination. The market area for particular foreign excess property shall be the entire United States, or parts thereof, depending on established market boundaries for such property. A determination that importation of particular foreign excess property would or would not relieve domestic shortages shall take into consideration the economic accessibility of available competitive products to the market area in which it is proposed to sell or use the particular foreign excess property.

(2) Beneficial to the economy of this country. The importation of foreign excess property must have special benefits over and beyond any benefits to be derived in the marketplace solely by an added supply of goods and materials through imports.

(i) Unique items. Articles of historical value for use as museum or collection pieces and the like may be considered beneficial to the economy.

(ii) Expenditures accruing from the importation. A need for expenditures for labor, materials, parts, storage, transportation, and the like, together with other relevant factors, subsequent to importation, may be considered beneficial to the economy.

§ 302.4 General determinations of shortage or benefit.

(a) Upon application of any interested person or on his own motion, the Deputy Assistant Secretary may make a general determination that the importation of particular foreign excess property would relieve domestic shortages or otherwise be beneficial to the economy of this country and may amend or withdraw any

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