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Weather Service, Silver Spring, Md. records or testify, it is necessary that he 20910.

be duly subpoenaed to appear in court as & 945.2 Time of release of weather in.

an official of the Service. As the Federal formation affecting crops.

Government will be deprived of his sery

ices while so testifying, the employee will (a) Bulletins or radio broadcasts giv

collect the authorized witness fees and ing agricultural weather information are

allowances for expenses of travel and released at 10 a.m. each workday during

subsistence, all of which he is required the growing season in the affected areas.

to account for to the Service. Arrange(b) Weekly Weather and Crop Bul

ments should be made with the court letins containing a synopsis of weather to set a time for the appearance of an conditions and their effect on crops and employee that will not interfere with farming operations (which show snow

important duties that would result in and ice conditions during the season) are injury to interests of the community by released simultaneously at Washington, delay in issuing important weather foreD.C., and approximately 45 field stations

casts and danger warnings (15 Comp. at 12 noon e.s.t., on Tuesday, or on Gen. 196). Wednesday if Monday or Tuesday is & holiday.

945.6 Agreements for radio and tele(c) Because of the influence that

vision weather broadcasts. might be exerted upon the market value (a) Radio stations often desire to of the products of the soil by the in- make special arrangements for the formation contained in the weather and broadcast of daily weather forecasts, crop bulletins, the law provides a fine of special warnings, and other weather in$10,000 or imprisonment of 10 years, or formation under commercial sponsorboth, for any responsible Government ship. In such cases the National Weather official who wilfully imparts any infor- Service obtains an agreement setting mation of speculative value contained forth conditions under which the broadin the bulletins before the times of re

casts are to be made. This agreement lease to the public (18 U.S.C. 1902).

specifies the regular time schedules of the & 945.3 False weather reports.

broadcast; that the information be given Whoever knowingly issues or publishes

exactly as issued by the Service; that any counterfeit forecast or warning of while it is permissible to announce imweather conditions falsely representing mediately before and at the conclusion such forecast or warning to have been of the weather broadcast that it is furissued or published by the National nished by the courtesy of a sponsor, care Weather Service * shall be fined must be exercised to avoid the implicanot more than $500, or imprisoned not tion that the forecasts are made or paid more than 90 days, or both (18 U.S.C.

for by the advertiser; and that there 2074).

shall be nothing in the announcement & 945.4 Certified data for use in court. associated with weather broadcasts to (a) 28 U.S.C. 1733 provides that au

indicate that the National Weather thenticated copies of any books, records,

Service or the Government endorses the papers, or other documents in any of sponsor or the product advertised. the executive departments shall be ad- (b) An agreement is also required bemitted in evidence in courts of law tween the National Weather Service equally with the originals thereof.

and any radio or television station that (b) All field stations and the Wash

wishes to install equipment or make ington office are prepared to furnish ap

other arrangements for direct broadcasts plicants with duly certified copies of

from a National Weather Service office. original or published weather records

(c) No charge is made to the radio or that are necessary for legal purposes,

television stations or the sponsor for upon payment of appropriate fees to re

weather information intended for public cover the reproduction, certification, and

distribution. However, if there are comother related costs.

munication tolls or leased wire charges § 945.5 Appearance in court of weather in connection with the delivery of such bureau employees.

information to the radio or television In all cases of private litigation where stations, such charges are borne by the it is required that an employee produce radio or television stations or the sponsor.

CHAPTER X-OFFICE OF FOREIGN DIRECT INVEST

MENTS, DEPARTMENT OF COMMERCE

Part 1000 Foreign direct investment regulations. 1020 Investigative procedures. 1025 Settlement procedures. 1030 Procedures and rules of practice for formal administrative proceedings. 1035 Rules of practice for appeals in proceedings originating under Part 1030. 1040 Compliance procedures: reports, advisory opinions, and enforcement. 1050 Miscellaneous rules.

PART 1000- FOREIGN DIRECT

Sec. 1000.316 Specific authorization and ex

emption. 1000.317 Domestic bank; foreign bank. 1000.318 United States. 1000.319 Schedule A, B, and C countries. 1000.320 Effective date. 1000.321 Year; period. 1000.322 Person within the United States. 1000.323 International finance subsidiary. 1000.324 Long-term foreign borrowing. 1000.325 Incorporated and unincorporated

affiliated foreign national, (proposed but withdrawn prior to adoption; see § 1000.304

(b) (3)).

Subpart D Interpretations 1000.401 Reference to amended sections. 1000.402 Effect of amendment of sections

INVESTMENT REGULATIONS Subpart A-Relation of This Part to Other Laws

and Regulations Sec. 1000.101 Relation of this part to other laws

and regulations.

Subpart B-Prohibitions 1000.201 Prohibited direct investment in

affiliated foreign nationals. 1000.202 Repatriation of direct investment

earning. (REVOKED) 1000.203 Liquid foreign balances. 1000.204 Evasion.

Subpart C-General Definitions 1000.301 Foreign country. 1000.302 Foreign national. 1000.303 Nationals of more than one for

eign country. (REVOKED) 1000.304 Affiliated foreign national. 1000.305 Direct investor. 1000.306 Positive and negative direct in

vestment. 1000.307 Person; corporation. 1000.308 Transfer. 1000.309 Property; property interest. 1000.310 Interest. 1000.311 Banking institution, (REVOKED) 1000.312 Transfers of capital. 1000.313 Net transfer of capital. 1000.314 Authorization and exemption. 1000.315 General authorization and ex

emption.

of this part or of other orders,

etc. 1000.403 Transactions between principal

and agent. (REVOKED) 1000.404 Distribution, apportionment or al

location of earnings. Subpart E-Authorizations or Exemptions 1000.501 Exclusion from authorization or

exemption. 1000.502 Elections with respect to $ $ 1000.

503 and 1000.504. 1000.503 Positive direct investment not ex

ceeding $10,000,000; minimum allowable.

Sec.

Sec. 1000.504 Authorized positive direct invest- 1000.1106 Long-term foreign borrowing.

ment in scheduled areas; sched- 1000.1107 Canadian program.
ular allowables.

Subpart L-Exploration and Development 1000.505 Transfers between affiliated for

Expenditures [Reserved] eign nationals. 1000.506 Additional authorized positive di

Subpart M-Affiliated_ Foreign Nationals of Air

Carriers Engaged in Foreign Air Transportation rect investment in any one or more scheduled areas; incre

1000.1301 Exclusions. mental earnings allowable.

1000.1302 Foreign air transport allowable. 1000.507 Alternative minimum and Sched

1000.1303 Adjustment to incremental earnule A supplemental allowable.

ings allowable. (REVOKED)

Subpart N-Overseas Finance Subsidiaries 1000.508 Authorized repayment of longterm foreign borrowing; repay

1000.1401 Definitions.

1000.1402 Qualification. mant allowable. (Reserved]

1000.1403 Authorized repayment of . 1000.509

Transfers of overseas proceeds;

longterm foreign borrowing; repay

foreign balances. ment allowable. [Provisional]

1000.1404 Repayment of overseas borrowing

and proceeds borrowing. Subpart F-Records and Reports

1000.1405 Authorized repayments. 1000.601 Records.

1000.1406 Substitution of borrowing. 1000.602 Reports.

1000.1407 Assumption of debt obligation in

curred by overseas finance subSubpart G-Penalties

sidiary. 1000.701 Penalties.

General Authorizations 1000.702 Effect upon lenders.

1 Transfers of Capital. (REVOKED, superSubpart H-Procedures

seded by Subpart J, Repayment of Bor1000.801 Applications for specific author

rowings). izations and exemptions.

2 Limited Authorization to Refrain from 1000.802 Petitions for reconsideration; ap

Repatriation. (REVOKED) peals.

3 Authorized Transfers of Capital. (RE1000.803 Proof of authority to file certain

VOKED) documents.

4 Canada-Application of Foreign Direct In1000.804 Amendent, modification, or revo

vestment Regulations (Proposed but cation.

withdrawn prior to adoption; super1000.805 Rules governing availability of

seded by Subpart K, Direct Investment information.

in Canada). 1000.806 Delegations.

General Interpretative Rules Subpart 1-Direct and Indirect Interests; Affil

1 $ 1000.312—Transfer of capital. iated, Associated and Family Groups; Ownership of Direct Investors; Rules for Reporting

(REVOKED)

2 G.A.1(2)(b)-Certificate. (REVOKED) 1000.901 Direct interests.

3 § 1000.312—Transfer of capital.

(RE1000.902 Indirect interests.

VOKED) 1000.903 Affiliated groups. 1000.904 Family groups.

Identity of Countries in Schedules A, B, 1000.905 Associated groups.

and C. 1000.906 Ownership of direct investors.

AUTHORITY: The provisions of this Part 1000.907 Reporting.

1000 issued pursuant to sec. 5 of the Act Subpart J—Repayment of Borrowings

of Oct. 6, 1917, 40 Stat. 415, as amended, 12

U.S.C. 95a; E.O. 11387, Jan. 1, 1968, 33 FR 1000.1001 Definitions.

47; Department Organization Order 25–3A 1000.1002 Transfers of capital in connection (formerly Department Order 184-A), Jan. 1, with repayment of borrowings.

1968, 33 FR 54. 1000.1003 Effect of transfers of capital in repayment of borrowings.

SOURCE: 38 FR 26676, Sept. 26, 1973 unless General Authorization No. 14

otherwise noted. Transfers of Capital. (RE

Subpart A-Relation of This Part to Other VOKED)

Laws and Regulations Subpart K-Direct Investment in Canada

$ 1000.101 Relation of this part to other 1000.1101 Definitions.

laws and regulations. 1000.1102 Authorized positive direct investment in Canada.

(a) This part is independent of Title 1000.1103 Net transfers of capital to Sched

31 CFR, Chapter V. The prohibitions conule B countries.

tained in this part are in addition to the 1000.1104 Reinvested earnings-Schedule B

prohibitions contained in said Chapter countries.

V. No license contained in or issued pur1000.1105 Foreign balances.

suant to said Chapter V shall be deemed to authorize any transaction prohibited direct investor, amend or revoke the auby this part, nor shall any license or thorizations set forth in this part by authorization issued pursuant to any reducing the amount of positive direct other provision of law be deemed to au- investment, positive net transfers of thorize any transaction so prohibited. capital and reinvestment of earnings au

(b) No authorization or exemption thorized in any scheduled area during a contained in or issued pursuant to this year, by limiting the application of such part shall be deemed to authorize any authorizations and exemptions and of transaction to the extent that it is pro- $ 1000.201 from “during any year” to pehibited by reason of the provisions of any riods shorter than a year, and by otherlaw or statute other than 12 U.S.C. 95a, wise imposing such conditions as the Secas amended, or any proclamation, order, retary shall deem appropriate to carry or regulation other than those contained out the purposes of this part. In exercisin or issued pursuant to Executive Order ing his discretion with respect to any 11387 or this part.

direct investor, the Secretary may con(c) No authorization or exemption sider, among other factors, the contained in or issued pursuant to this following: part shall be deemed to authorize any (1) Whether the positive direct intransaction to the extent that it is pro- vestment, positive net transfers of capihibited by reason of the provisions of tal or reinvestment of earnings by such any part of Title 31 CFR.

direct investor in any scheduled area

during any quarter is, or may reasonably Subpart B-Prohibitions

be estimated to be, materially in excess $ 1000.201 Prohibited direct investment of 25 percent of the amount thereof genin affiliated foreign nationals.

erally authorized to such direct investor (a) Except as provided in this part,

during the year; and as otherwise permitted by the Secre

(2) Whether the transactions resulttary of Commerce (hereinafter referred

ing in such excess during such quarter to as the Secretary) by means of rulings,

are in accordance with the customary instructions, authorizations, waivers, ex

business practices of the direct investor; emptions or otherwise, positive direct

and investment by a direct investor in affili

(3) Whether the direct investor has ated foreign nationals of such direct

complied with the provisions of Subpart investor in Schedule A, B, or C countries

F. is prohibited during any year (as defined f 1000.202 Repatriation of direct invest. in S 1000.321) commencing with the

ment earnings. (REVOKED) effective date. (b) (1) All transactions prohibited by

§ 1000.203 Liquid foreign balances. section 1 of Executive Order 11387 which (a) For purposes of this section: are not prohibited by this part are (1) The term “foreign balances" hereby authorized.

means money on deposit in a foreign (2) To the extent delineated from bank (as defined in § 1000.317), includtime to time by the Board of Governors ing certificates of deposit and fixed inof the Federal Reserve System nothing terest deposits of such a bank, negotiable in this part shall apply to any bank or instruments, nonnegotiable instruments other financial institution certified by acquired after June 30, 1968, and comthe Board as being subject to the Federal mercial paper of an unaffiliated foreign Reserve Foreign Credit Restraint Pro- national (other than negotiable instrugram, or to any program instituted by ments, nonnegotiable instruments or the Board under section 2 of Executive commercial paper arising from the exOrder 11387.

port by the direct investor of goods or (c) Nothing contained in this part services from the United States to forshall be construed to limit the right of eign nationals) and securities issued or a person within the United States to guaranteed by a foreign country. make a bona fide transfer of capital or (2) The term “liquid foreign balances" earnings in the ordinary course of busi- means foreign balances (as defined in ness to a foreign national in respect of paragraph (a) (1) of this section) other an interest in such person held by such than (i) those negotiable instruments, foreign national.

nonnegotiable instruments, commercial (d) In addition to all other powers paper and securities which are acquired reserved to the Secretary in this part, the on or before June 30, 1968, and which Secretary may in his discretion, as to any are not redeemable at the option of the direct investor and are not transferable (d) (1) [Revoked] and readily marketable; (ii) bank de- (2) A direct investor which expended posits, negotiable instruments, nonnego- proceeds of long-term foreign borrowtiable instruments, commercial paper ing made during 1965 or any succeeding and securities with a period of more than year and deducted the amount of such 1 year remaining to maturity when ac- proceeds from net transfer of capital to quired by the direct investor and which a schedule area under $ 1000.313(d) (1) are not redeemable in full at the option may thereafter deduct, during 1973 or of the direct investor within a period of any succeeding year, from positive direct 1 year after such acquisition; (iii) for- investment in a different scheduled area, eign balances which are subject to re- an amount equal to all or a part of such strictions of a foreign country on liqui- expended proceeds as are allocated purdation and transfer; and (iv) foreign suant to this subparagraph. Proceeds balances which have been pledged or hy- shall be allocated in a different schedpothecated in connection with borrow- uled area pursuant to this subparagraph ings by a direct investor or its affiliated if (i) an entry is made in the books and foreign nations.

records maintained by the direct inves(3) [Revoked]

tor under paragraph (b) of this section (4) Foreign balances shall be deemed and $ 1000.601; (ii) the allocation and to be held by a direct investor if title to the deduction from positive direct insuch balances is held (i) by any person vestment in a different scheduled area (including an affiliated foreign national are reported on the next annual report of the direct investor) principally of the direct investor (Form FDI-102F) formed or availed of for the purpose of filed for the year for which the deduction holding title to such balances; or (ii) is made; and (iii) the proceeds with reby any person (including an affiliated spect to which such deduction is made, foreign national of the direct investor), as of the end of the year for which the if such balances are returnable to the deduction is made and thereafter, are direct investor on its demand without not held, directly or indirectly, in the material conditions and if the holding form of foreign balances or in the form of such balances is unrelated to the of securities (including debt obligations, business needs of such person.

equity interests and any other type of (5) Negotiable instruments, nonne- investment contract) of foreign nationgotiable instruments, commercial paper als or in the form of any other foreign and securities constituting foreign bal- property: Provided, That such proceeds ances shall be valued at their respective may remain expended in an affiliated fair market values or, if evidence of foreign national or again be expended fair market value is not readily avail- at any time in making transfers of capital able, at the cost to the direct investor. to affiliated foreign nationals. The di

(b) Each direct investor shall main- rect investor shall be deemed at the time tain books and records that identify sep- of such deduction from positive direct inarately all proceeds of long-term foreign vestment in a different scheduled area borrowing received with respect to each to have made a transfer of capital equal long-term foreign borrowing made by to the amount of such deduction to the the direct investor and the uses to which scheduled area in which the deduction such proceeds have been put.

from net transfer of capital under (c) Each direct investor is hereby re- § 1000.313(d) (1) was previously made. quired to limit the amount of liquid for- The direct investor may thereafter coneign balances held at the end of any tinue to change the scheduled area in month (other than Canadian foreign which a deduction from positive direct balances, as defined in § 1000.1105(a)) to investment is made, up to the amount of the sum of (1) the amount of available proceeds of long-term foreign borrowing proceeds (as defined in $ 1000.324(d)) of expended in making the original transfer such direct investor at the end of such of capital for which a deduction under month, plus (2) the greater of (i) the $ 1000.313(d) (1) was made: Provided, average end-of-month amount of such That each time such change occurs, the balances (other than available proceeds direct investor shall be deemed to have in the form of such balances, and made a transfer of capital to the immeCanadian foreign balances) held by such diately previous scheduled area in the direct investor during 1965 and 1966 amount of the deduction from positive (whether or not a direct investor at that direct investment in the subsequent time) or (ii) $100,000.

scheduled area.

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