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Weather Service, Silver Spring, Md. 20910. § 945.2 Time of release of weather in
formation affecting crops. (a) Bulletins or radio broadcasts giving agricultural weather information are released at 10 a.m. each workday during the growing season in the affected areas.
(b) Weekly Weather and Crop Bul. letins containing a synopsis of weather conditions and their effect on crops and farming operations (which show snow and ice conditions during the season) are released simultaneously at Washington, D.C., and approximately 45 field stations at 12 noon e.s.t., on Tuesday, or on Wednesday if Monday or Tuesday is & holiday.
(c) Because of the influence that might be exerted upon the market value of the products of the soil by the information contained in the weather and crop bulletins, the law provides a fine of $10,000 or imprisonment of 10 years, or both, for any responsible Government official who wilfully imparts any information of speculative value contained in the bulletins before the times of release to the public (18 U.S.C. 1902). 8 945.3 False weather reports.
Whoever knowingly issues or publishes any counterfeit forecast or warning of weather conditions falsely representing such forecast or warning to have been issued or published by the National Weather Service * * * shall be fined not more than $500, or imprisoned not more than 90 days, or both (18 U.S.C. 2074). § 945.4 Certified data for use in court.
(a) 28 U.S.C. 1733 provides that authenticated copies of any books, records, papers, or other documents in any of the executive departments shall be admitted in evidence in courts of law equally with the originals thereof.
(b) All field stations and the Washington office are prepared to furnish applicants with duly certified copies of original or published weather records that are necessary for legal purposes, upon payment of appropriate fees to recover the reproduction, certification, and other related costs. 8 945.5 Appearance in court of weather
bureau employees. In all cases of private litigation where it is required that an employee produce
records or testify, it is necessary that he be duly subpoenaed to appear in court as an official of the Service. As the Federal Government will be deprived of his seryices while so testifying, the employee will collect the authorized witness fees and allowances for expenses of travel and subsistence, all of which he is required to account for to the Service. Arrangements should be made with the court to set a time for the appearance of an employee that will not interfere with important duties that would result in injury to interests of the community by delay in issuing important weather forecasts and danger warnings (15 Comp. Gen. 196). 8 945.6 Agreements for radio and tele
vision weather broadcasts. (a) Radio stations often desire to make special arrangements for the broadcast of daily weather forecasts, special warnings, and other weather information under commercial sponsorship. In such cases the National Weather Service obtains an agreement setting forth conditions under which the broadcasts are to be made. This agreement specifies the regular time schedules of the broadcast; that the information be given exactly as issued by the Service; that while it is permissible to announce immediately before and at the conclusion of the weather broadcast that it is furnished by the courtesy of a sponsor, care must be exercised to avoid the implication that the forecasts are made or paid for by the advertiser; and that there shall be nothing in the announcement associated with weather broadcasts to indicate that the National Weather Service or the Government endorses the sponsor or the product advertised.
(b) An agreement is also required between the National Weather Service and any radio or television station that wishes to install equipment or make other arrangements for direct broadcasts from a National Weather Service office.
(c) No charge is made to the radio or television stations or the sponsor for weather information intended for public distribution. However, if there are communication tolls or leased wire charges in connection with the delivery of such information to the radio or television stations, such charges are borne by the 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
INVESTMENT REGULATIONS Subpart A-Relation of This Part to Other Laws
and Regulations Sec. 1000.101 Relation of this part to other laws
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
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
Subpart D Interpretations 1000.401 Reference to amended sections. 1000.402 Effect of amendment of sections
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. 1000.504 Authorized positive direct invest
ment in scheduled areas; sched
ular allowables. 1000.505 Transfers between affiliated for
eign nationals. 1000.506 Additional authorized positive di
rect investment in any one or more scheduled areas; incre
mental earnings allowable. 1000.507 Alternative minimum and Sched
ule A supplemental allowable.
(REVOKED) 1000.508 Authorized repayment of long
term foreign borrowing; repay
mant allowable. [Reserved] 1000.509 Authorized repayment of · long
term foreign borrowing; repay
ment allowable. [Provisional]
Subpart F-Records and Reports 1000.601 Records. 1000.602 Reports.
Subpart G-Penalties 1000.701 Penalties. 1000.702 Effect upon lenders.
Subpart H–Procedures 1000.801 Applications for specific author
izations and exemptions. 1000.802 Petitions for reconsideration; ap
peals. 1000.803 Proof of authority to file certain
documents. 1000.804 Amendent, modification, or revo
cation. 1000.805 Rules governing availability of
information. 1000.806 Delegations. Subpart 1Direct and Indirect Interests; Affil.
iated, Associated and Family Groups; Owner
ship of Direct Investors; Rules for Reporting 1000.901 Direct interests. 1000.902 Indirect interests. 1000.903 Affiliated groups. 1000.904 Family groups. 1000.905 Associated groups. 1000.906 Ownership of direct investors. 1000.907 Reporting.
Subpart J—Repayment of Borrowings 1000.1001 Definitions. 1000.1002 Transfers of capital in connection
with repayment of borrowings. 1000.1003 Effect of transfers of capital in
repayment of borrowings. General Authorization No. 1
Transfers of Capital. (RE
VOKED) Subpart K-Direct Investment in Canada 1000.1101 Definitions. 1000.1102 Authorized positive direct invest
ment in Canada. 1000.1103 Net transfers of capital to Sched
ule B countries. 1000.1104 Reinvested earnings Schedule B
countries. 1000.1105 Foreign balances.
Carriers Engaged in Foreign Air Transportation 1000.1301 Exclusions. 1000.1302 Foreign air transport allowable. 1000.1303 Adjustment to incremental earn
ings allowable. Subpart N-Overseas Finance Subsidiaries 1000.1401 Definitions. 1000.1402 Qualification. 1000.1403 Transfers of overseas proceeds;
foreign balances. 1000.1404 Repayment of overseas borrowing
and proceeds borrowing. 1000.1405 Authorized repayments. 1000.1406 Substitution of borrowing. 1000.1407 Assumption of debt obligation in
curred by overseas finance subsidiary.
General Authorizations 1 Transfers of Capital. (REVOKED, super
seded by Subpart J, Repayment of Bor
rowings). 2 Limited Authorization to Refrain from
Repatriation. (REVOKED) 3 Authorized Transfers of Capital. (RE
VOKED) 4 Canada-Application of Foreign Direct In
vestment Regulations (Proposed but withdrawn prior to adoption; superseded by Subpart K, Direct Investment in Canada).
General Interpretative Rules 1 $ 1000.312—Transfer of capital.
(REVOKED) 2 G.A.1(2)(b)-Certificate. (REVOKED) 3 $ 1000.312—Transfer of capital. (RE
VOKED) Identity of Countries in Schedules A, B, and C.
AUTHORITY: The provisions of this part 1000 issued pursuant to sec. 5 of the Act of Oct. 6, 1917, 40 Stat. 415, as amended, 12 U.S.C. 95a; E.O. 11387, Jan. 1, 1968, 33 FR 47; Department Organization Order 25–3A (formerly Department Order 184-A), Jan. 1, 1968, 33 FR 54.
SOURCE: 38 FR 26676, Sept. 26, 1973 unless otherwise noted. Subpart A-Relation of This Part to Other
Laws and Regulations § 1000.101 Relation of this part to other
laws and regulations. (a) This part is independent of Title 31 CFR, Chapter V. The prohibitions contained in this part are in addition to the prohibitions contained in said Chapter V. No license contained in or issued pursuant 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 is prohibited during any year (as defined § 1000.202 Repatriation of direct invest. in § 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 and readily marketable; (ii) bank deposits, negotiable instruments, nonnegotiable instruments, commercial paper and securities with a period of more than 1 year remaining to maturity when acquired by the direct investor and which are not redeemable in full at the option of the direct investor within a period of 1 year after such acquisition; (iii) foreign balances which are subject to restrictions of a foreign country on liquidation and transfer; and (iv) foreign balances which have been pledged or hypothecated in connection with borrowings by a direct investor or its affiliated foreign nations.
(4) Foreign balances shall be deemed to be held by a direct investor if title to such balances is held (i) by any person (including an affiliated foreign national of the direct investor) principally formed or availed of for the purpose of holding title to such balances; or (ii) by any person (including an affiliated foreign national of the direct investor), if such balances are returnable to the direct investor on its demand without material conditions and if the holding of such balances is unrelated to the business needs of such person.
(5) Negotiable instruments, nonnegotiable instruments, commercial paper and securities constituting foreign balances shall be valued at their respective fair market values or, if evidence of fair market value is not readily available, at the cost to the direct investor.
(b) Each direct investor shall maintain books and records that identify separately all proceeds of long-term foreign borrowing received with respect to each long-term foreign borrowing made by the direct investor and the uses to which such proceeds have been put.
(c) Each direct investor is hereby required to limit the amount of liquid foreign balances held at the end of any month (other than Canadian foreign balances, as defined in § 1000.1105(a)) to the sum of (1) the amount of available proceeds (as defined in § 1000.324(d)) of such direct investor at the end of such month, plus (2) the greater of (i) the average end-of-month amount of such balances (other than available proceeds in the form of such balances, and Canadian foreign balances) held by such direct investor during 1965 and 1966 (whether or not a direct investor at that time) or (ii) $100,000.
(d) (1) [Revoked]
(2) A direct investor which expended proceeds of long-term foreign borrowing made during 1965 or any succeeding year and deducted the amount of such proceeds from net transfer of capital to a schedule area under $ 1000.313(d) (1) may thereafter deduct, during 1973 or any succeeding year, from positive direct investment in a different scheduled area, an amount equal to all or a part of such expended proceeds as are allocated pursuant to this subparagraph. Proceeds shall be allocated in a different scheduled area pursuant to this subparagraph if (i) an entry is made in the books and records maintained by the direct investor under paragraph (b) of this section and $ 1000.601; (ii) the allocation and the deduction from positive direct investment in a different scheduled area are reported on the next annual report of the direct investor (Form FDI-102F) filed for the year for which the deduction is made; and (iii) the proceeds with respect to which such deduction is made, as of the end of the year for which the deduction is made and thereafter, are not held, directly or indirectly, in the form of foreign balances or in the form of securities (including debt obligations, equity interests and any other type of investment contract) of foreign nationals or in the form of any other foreign property: Provided, That such proceeds may remain expended in an affiliated foreign national or again be expended at any time in making transfers of capital to affiliated foreign nationals. The direct investor shall be deemed at the time of such deduction from positive direct investment in a different scheduled area to have made a transfer of capital equal to the amount of such deduction to the scheduled area in which the deduction from net transfer of capital under § 1000.313(d) (1) was previously made. The direct investor may thereafter continue to change the scheduled area in which a deduction from positive direct investment is made, up to the amount of proceeds of long-term foreign borrowing expended in making the original transfer of capital for which a deduction under $ 1000.313(d) (1) was made: Provided, That each time such change occurs, the direct investor shall be deemed to have made a transfer of capital to the immediately previous scheduled area in the amount of the deduction from positive direct investment in the subsequent scheduled area.