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or adopted under $ 502.735–1 may be dis- CFR 735.403(a), employees in the followciplined. The disciplinary action may be ing named positions shall submit statein addition to any penalty prescribed by ments of employment and financial inlaw for the violation. In addition to or in terest: lieu of disciplinary action, remedial ac- (1) Executive Director. tion to end conflicts or appearance of (2) Attorneys in Charge of Divisions. conflicts of interest may include but is (b) Each statement of employment not limited to:

and financial interest required by this (1) Changes in assigned duties;

section shall be submitted to the General (2) Divestment by the employee or Counsel of the Commission. special Government employee of his con- (c) An employee who believes that his flicting interest; or

position has been improperly included in (3) Disqualification for a particular this section as one requiring the submisassignment.

sion of a statement of employment and $ 502.735–4 Gifts, entertainment, and

financial interests may obtain a review of

his complaint under the Commission's favors.

grievance procedure. The Commission authorizes the excep

$ 502.735–8 Supplementary statements. tions to 5 CFR 735.202(a) set forth in 5 CFR 735.202(b)(1)-(4).

Notwithstanding the filing of the an

nual supplementary statement required $ 502.735–5 Outside employment and

by 5 CFR 735.406, each employee shall at other activity.

all times avoid acquiring a financial inAn employee of the Commission may terest that could result, or taking an acengage in outside employment or other tion that would result, in a violation of outside activity not incompatible with the the conflicts-of-interest provisions of full and proper discharge of the duties section 208 of Title 18, United States and responsibilities of his Government Code, or the regulations in this part or employment: Provided, however, That no adopted under $ 502.735–1. professional officer or employee of the Commission shall engage in the private PART 503—PUBLIC INFORMATION practice of his profession, and no officer

Sec. or employee, regardless of the nature of

503.1 Organization and authority-Forhis duties with the Commission, shall

eign Claims Settlement Commisengage in the private practice of law,

sion. except upon the prior approval in writ- 503.2 Material to be published in the FEDing by the Chairman of the Commission.

ERAL REGISTER pursuant to Public

Law 89-487. § 502.735–6 Specific provisions of 503.3 Effect of nonpublication. agency regulations governing special

503.4 Incorporation by reference. Government employees.

503.5 Public records.

503.6 Current index. (a) Special Government employees of

503.7 Effect of noncompliance. the Commission shall adhere to the

503.8 Documents and records generally standards of conduct applicable to em

available for inspection. ployees as set forth in this part and 503.9 Other records available upon written adopted under $502.735–1, except 5

request. CFR 735.203(b).

503.10 Identification of records. (b) Special Government employees of

503.11 Appeal. the Commission may teach, lecture, or

503.12 Exemptions. write in a manner not inconsistent with

503.13 Fees-policy and services available.

503.14 Fees for services. 5 CFR 735.203 (c).

503.15 Payment of fees and charges. (c) Pursuant to 5 CFR 735.305(b), the

AUTHORITY: The provisions of Part 503 isCommission authorizes the same excep

sued under sec. 3, Administrative Procedure tions concerning gifts, entertainment,

Act, 81 Stat. 54; 7 U.S.C, 2243. and favors for special Government em

SOURCE: The provisions of this part 503 ployees as are authorized for employees

appear at 32 F.R. 9569, July 1, 1967, unless by $ 502.735–4.

otherwise noted. $ 502.735-7 Statements of employment $ 503.1 Organization and authorityand financial intei est.

Foreign Claims Setilement Commis. (a) In addition to the employees re

sion, quired to submit staiements of employ- (a) The Foreign Claims Settlement ment and financial interest under 5 Commission of the United States is an

independent agency of the Federal Gov 8 503.2 Material to be published in the ernment created by Reorganization Plan Federal Register pursuant to Public No. 1 of 1954 (68 Stat. 1279), effective Law 89-487. July 1, 1954. Its duties and authority are The Commission shall separately state defined in the International Claims Set

and concurrently publish the following tlement Act of 1949, as amended (64

materials in the FEDERAL REGISTER for Stat. 12; 22 U.S.C. 1621-1642) and the

the guidance of the public: War Claims Act of 1948 (62 Stat. 1240;

(a) Descriptions of its central and 50 U.S.C. 2001-2016).

field organization and the established (b) The Commission has jurisdiction places at which, the officers from whom, to determine claims of U.S. nationals

and the methods whereby, the public against foreign governments for com

may secure information, make submitpensation for losses and injuries sus tals or requests, or obtain decisions. tained by such nationals, pursuant to (b) Statements of the general course programs which may be authorized and method by which its functions are under either of said Acts. Available funds

channeled and determined, including have their sources in international set

the nature and requirements of all formal tlements or liquidation of foreign assets and informal procedures available. in this country by the Department of

(c) Rules of procedure, descriptions of Justice or Treasury, and from public forms available or the places at which funds when provided by the Congress. forms may be obtained, and instruc(c) The three members of the Com

tions as to the scope and contents of all mission are appointed by the President

papers, reports, or examinations. with the advice and consent of the Sen

(d) Substantive rules of general apate to serve for 3-year terms of office as

plicability adopted as authorized by law, provided by the Act of October 22, 1962

and statements of general policy or in(76 Stat. 1107; 50 U.S.C. 2001). The Pres

terpretations of general applicability ident designates the Chairman.

formulated and adopted by the agency. (d) All functions of the Commission

(e) Every amendment, revision, or are vested in the Chairman with respect

repeal of the foregoing. to the internal management of the affairs of the Commission, including but

$ 503.3 Effect of nonpublication. not limited to: (1) The appointment of Except to the extent that a person personnel employed under the Commis has actual and timely notice of the terms sion; (2) the direction of employees of thereof, no person shall in any manner the Commission and the supervision of be required to resort to, or be adversely their official duties; (3) the distribution affected by, any matter required to be of business among employees and orga published in the FEDERAL REGISTER and nizational units under the Commission; not so published. (4) the preparation of budget estimates;

$ 503.4 Incorporation by reference. and (5) the use and expenditures of funds of the Commission available for For purposes of this part, matter which expenses of administration.

is reasonably available to the class of (e) The Chairman pursuant to his persons affected thereby shall be deemed responsibility hereby directs that every

published in the FEDERAL REGISTER when effort be expended to facilitate the max

incorporated by reference therein with imum service to the public with respect

the approval of the Director of the Fedto the obtaining of information and

eral Register. records in the spirit and the letter of the $ 503.5 Public records. provisions of Public Law 87-487 amending section 3 of the Administrative Pro

The Commission shall, in accordance cedures Act, effective July 4, 1967.

with this part, make the following ma(f) Requests for information, deci

terials available for public inspection sions, or records may be made in person

and copying: or in writing to the Clerk, Foreign

(a) Proposed and Final Decisions (inClaims Settlement Commission.

cluding dissenting opinions) and all

orders made with respect thereto. (g) The offices of the Commission are located at 1111 20th Street NW. (Van

(b) Those statements of policy and guard Building), Washington, D.C. An

interpretations which have been adopted information center for the convenience

by the Commission. of the public is located on the fourth To prevent unwarranted invasion of floor.

personal privacy, the Commission may

delete identifying details when it makes available or publishes a decision, statement of policy, interpretation, or staff manual or instruction, and shall, in each such case, explain in writing the justification for the deletion. § 503.6 Current index.

The Commission shall maintain and make available for public inspection and copying a current index providing identifying information for the public as to any matter which is issued, adopted, or promulgated after July 4, 1967, and which is required by $ 503.2 of this part to be made available or published. The index shall be available at the information center of the Commission, fourth floor, Vanguard Building, 1111 20th Street NW., Washington, D.C. 20579. 8 503.7 Effect of noncompliance.

No decision, statement of policy, interpretation, or staff manual or instruction that affects any member of the public will be relied upon, used, or cited, as precedent by the Commission against any private party unless it has been indexed and either made available or published as provided by this subpart, or unless that private party shall have actual and timely notice of the terms thereof. $ 503.8 Documents and records gener

ally available for inspection. The following kinds of documents are available for inspection and copying at the public information center of the Commission.

(a) Rules of practice and procedure.

(b) Semiannual reports of the Commission.

(c) Bound volumes of Commission decisions.

(d) International Claims Settlement Act of 1949, with amendments, the War Claims Act of 1948, with amendments, and related Acts.

(e) Claims Agreements with foreign governments within the jurisdiction of the Commission.

(f) Press releases, biographies, and other miscellaneous information of general interest to the public. 8 503.9 Other records available upon

written request. Any written request to the Clerk, Foreign Claims Settlement Commission, 1111 20th Street NW., Washington, D.C.

20579, for records listed in paragraphs (a) through (g) inclusive, of this section, shall identify the record as provided in $ 503.10. The Clerk shall evaluate each request in conjunction with the official having responsibility for the subject matter area, the General Counsel and the Executive Director, and shall make the record available unless the Clerk shall notify the person making the request that no such record can be found; that the record is needed by the staff; or that the record falls within a specific exception. The following records are subject to this provision:

(a) General correspondence.

(b) Correspondence regarding interpretation or applicability of a statute or rule.

(c) Correspondence and reports on legislation if made public by the Bureau of the Budget and Congressional Committee.

(d) Filing and docketing of claims.

(e) Records regarding final disposition of claims.

(f) Claims applications of individuals.

(g) Claims applications of legal entities. $ 503.10 Identification of records.

A member of the public who requests permission to inspect or copy a record must identify the record sought in sufficient detail to enable the Commission staff to locate the record. § 503.11 Appeal.

Upon refusal of the Clerk to furnish a record, which has been requested in writing under $ 503.9, the requesting person or entity may appeal in writing to the Chairman from the Clerk's action or failure to act. $ 503.12 Exemptions.

The following records shall not be available: Provided, however, That nothing in this section authorizes withholding of information or limiting the availability of records to the public except as specifically stated in this part, nor shall this part be authority to withhold information from Congress. Moreover, nothing in this paragraph shall preclude the consideration of any request received by the Commission to release information with respect to matters which may come within the exemptions.

independent agency of the Federal Government created by Reorganization Plan No. 1 of 1954 (68 Stat. 1279), effective July 1, 1954. Its duties and authority are defined in the International Claims Settlement Act of 1949, as amended (64 Stat. 12; 22 U.S.C. 1621-1642) and the War Claims Act of 1948 (62 Stat. 1240; 50 U.S.C. 2001-2016).

(b) The Commission has jurisdiction to determine claims of U.S. nationals against foreign governments for compensation for losses and injuries sustained by such nationals, pursuant to programs which may be authorized under either of said Acts. Available funds have their sources in international settlements or liquidation of foreign assets in this country by the Department of Justice or Treasury, and from public funds when provided by the Congress.

(c) The three members of the Commission are appointed by the President with the advice and consent of the Senate to serve for 3-year terms of office as provided by the Act of October 22, 1962 (76 Stat. 1107; 50 U.S.C. 2001). The President designates the Chairman.

(d) All functions of the Commission are vested in the Chairman with respect to the internal management of the affairs of the Commission, including but not limited to: (1) The appointment of personnel employed under the Commission; (2) the direction of employees of the Commission and the supervision of their official duties; (3) the distribution of business among employees and organizational units under the Commission; (4) the preparation of budget estimates; and (5) the use and expenditures of funds of the Commission available for expenses of administration.

(e) The Chairman pursuant to his responsibility hereby directs that every effort be expended to facilitate the maximum service to the public with respect to the obtaining of information and records in the spirit and the letter of the provisions of Public Law 87–487 amending section 3 of the Administrative Procedures Act, effective July 4, 1967.

(f) Requests for information, decisions, or records may be made in person or in writing to the Clerk, Foreign Claims Settlement Commission.

(g) The offices of the Commission are located at 1111 20th Street NW. (Vanguard Building), Washington, D.C. An information center for the convenience of the public is located on the fourth floor.

$ 503.2 Material to be published in the

Federal Register pursuant to Public

Law 89-487. The Commission shall separately state and concurrently publish the following materials in the FEDERAL REGISTER for the guidance of the public:

(a) Descriptions of its central and field organization and the established places at which, the officers from whom, and the methods whereby, the public may secure information, make submittals or requests, or obtain decisions.

(b) Statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available.

(c) Rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations.

(d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency.

(e) Every amendment, revision, or repeal of the foregoing. $ 503.3 Effect of nonpublication.

Except to the extent that a person has actual and timely notice of the terms thereof, no person shall in any manner be required to resort to, or be adversely affected by, any matter required to be published in the FEDERAL REGISTER and not so published. 8 503.4 Incorporation by reference.

For purposes of this part, matter which is reasonably available to the class of persons affected thereby shall be deemed published in the FEDERAL REGISTER when incorporated by reference therein with the approval of the Director of the Federal Register. 8 503.5 Public records.

The Commission shall, in accordance with this part, make the following materials available for public inspection and copying:

(a) Proposed and Final Decisions (including dissenting opinions) and all orders made with respect thereto.

(b) Those statements of policy and interpretations which have been adopted by the Commission. To prevent unwarranted invasion of personal privacy, the Commission may delete identifying details when it makes available or publishes a decision, statement of policy, interpretation, or staff manual or instruction, and shall, in each such case, explain in writing the justification for the deletion. $ 503.6 Current index.

The Commission shall maintain and make available for public inspection and copying a current index providing identifying information for the public as to any matter which is issued, adopted, or promulgated after July 4, 1967, and which is required by $ 503.2 of this part to be made available or published. The index shall be available at the information center of the Commission, fourth floor, Vanguard Building, 1111 20th Street NW., Washington, D.C. 20579. $ 503.7 Effect of noncompliance.

No decision, statement of policy, interpretation, or staff manual or instruction that affects any member of the public will be relied upon, used, or cited, as precedent by the Commission against any private party unless it has been indexed and either made available or published as provided by this subpart, or unless that private party shall have actual and timely notice of the terms thereof. $ 503.8

Documents and records generally available for inspection. The following kinds of documents are available for inspection and copying at the public information center of the Commission.

(a) Rules of practice and procedure.

(b) Semiannual reports of the Commission.

(c) Bound volumes of Commission decisions.

(d) International Claims Settlement Act of 1949, with amendments, the War Claims Act of 1948, with amendments, and related Acts.

(e) Claims Agreements with foreign governments within the jurisdiction of the Commission.

(f) Press releases, biographies, and other miscellaneous information of general interest to the public. $ 503.9

Other records available upon written request. Any written request to the Clerk, Foreign Claims Settlement Commission, 1111 20th Street NW., Washington, D.C.

20579, for records listed in paragraphs (a) through (g) inclusive, of this section, shall identify the record as provided in $ 503.10. The Clerk shall evaluate each request in conjunction with the official having responsibility for the subject matter area, the General Counsel and the Executive Director, and shall make the record available unless the Clerk shall notify the person making the request that no such record can be found; that the record is needed by the staff; or that the record falls within a specific exception. The following records are subject to this provision:

(a) General correspondence.

(b) Correspondence regarding interpretation or applicability of a statute or rule.

(c) Correspondence and reports on legislation if made public by the Bureau of the Budget and Congressional Committee.

(d) Filing and docketing of claims.

(e) Records regarding final disposition of claims.

(f) Claims applications of individuals.

(g) Claims applications of legal entities. $ 503.10 Identification of records.

A member of the public who requests permission to inspect or copy a record must identify the record sought in sufficient detail to enable the Commission staff to locate the record. $ 503.11 Appeal.

Upon refusal of the Clerk to furnish a record, which has been requested in writing under $ 503.9, the requesting person or entity may appeal in writing to the Chairman from the Clerk's action or failure to act. $ 503.12 Exemptions.

The following records shall not be available: Provided, however, That nothing in this section authorizes withholding of information or limiting the availability of records to the public except as specifically stated in this part, nor shall this part be authority to withhold information from Congress. Moreover, nothing in this paragraph shall preclude the consideration of any request received by the Commission to release information with respect to matters which may come within the exemptions.

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