Page images
PDF
EPUB

an

the case, of bulk grain shipments, the co- ing loss or damage in excess of $25, the operating sponsor shall, in addition, pro- voluntary agencies or intergovernmental vide certificates of the accuracy of the organizations may retain the larger of scale weights used to determine the $25 or the cost of a survey conducted by quantity offloaded, and the moisture con- an independent surveyor. The voluntary tent of the grain when unloaded. If there agencies or intergovernmental organizais no facility in the recipient country to tions may also retain the amount of any determine the moisture content of the special charges, such as handling, packgrain, a representative sample of the ing, and insurance costs, which the grain discharged shall be obtained and voluntary agency or intergovernmental transmitted in airtight containers to organization has incurred on the lost or USAID or Diplomatic Posts.

damaged commodity and which are in(iii) Voluntary agencies and intergov- cluded in the claim and paid by the liable ernmental organizations shall send copies party. of all reports and documents pertaining (c) All compromise settlements of to the discharge of commodities to USDA. claims in excess of $25 must be approved

(iv) Cooperating sponsors other than by CCC. When a claim is compromised, voluntary agencies and intergovern- the voluntary agency or intergovernmental organizations shall promptly mental organization may retain furnish the above-described reports and amount representing the percentage of documents to the USAID or Diplomatic the special charges above described as Post.

the compromised amount is to the full (2) Claims against ocean carriers. (i) amount of the claim. Irrespective of transfer of title to the (d) All amounts collected in excess of commodities, CCC shall have the right the amounts authorized herein to be to initiate and prosecute, and retain the retained shall be remitted to CCC. If the proceeds of, all claims against ocean car- cost of survey is in excess of $25, the riers for cargo loss and damage on ship- voluntary agency or intergovernmental ments to a foreign government.

organization shall furnish CCC a copy (ii) (a) Unless otherwise provided in of the surveyor's invoice, or such other the Food for Freedom Program Agree

document as will establish the survey ment or other program document, cost. For the purpose of determining the voluntary agencies and intergovern- amount to be retained by the voluntary mental organizations shall file notice of agencies or intergovernmental organizaany cargo loss and damage with the car- tions from the proceeds of claims filed rier immediately upon discovery of any against ocean carriers, the word “claim" such loss and damage and initiate claims shall refer to the loss and damage to against ocean carriers for cargo loss and

commodities which are shipped on the damage, and take all necessary action to same voyage of the same vessel to the obtain restitution for losses within any same port destination, irrespective of the applicable periods of limitations. How

kinds of commodities shipped or the ever, the voluntary agencies or intergov

number of different bills of lading issued ernmental organizations need not file a

by the carrier. If a voluntary agency or claim where the cargo loss is not in intergovernmental organization is unable excess of $3, or in any case where the loss

to effect collection of a claim or negotiate is in excess of $3 but not in excess of a compromise settlement acceptable to $25 and it is determined by the voluntary

CCC within the applicable period of limiagencies or intergovernmental organiza

tation or any extension thereof granted tions that the cost of filing and collecting

in writing by the liable party or parties, the claim will exceed the amount of the

the rights of the voluntary agencies or claim. The voluntary agencies or inter

intergovernmental organizations to the governmental organizations will take no claim shall be assigned to CCC in sufiaction to collect claims when there is

cient time to permit the filing of legal loss or damage to commodities and gen

action prior to the expiration of the eral average has been declared. (See sub- period of limitation or any extension division (iii) of this subparagraph (2).)

thereof. In the event CCC effects collec(6) Amounts collected by voluntary

tion or other settlement of the claim agencies and intergovernmental organi

after the rights of the voluntary agency zations on claims against ocean carriers

or intergovernmental organization to the not in excess of $25 may be retained by

claim have been assigned to CCC, CCC the voluntary agencies or intergovern- shall make payment to the voluntary mental organizations. On claims involv- agency or intergovernmental organiza

tion of the amount authorized in this collection of claims against the liable subparagraph to be retained by the party or parties for the value of the voluntary agency or intergovernmental commodity lost, damaged, or misused and organization.

furnish a copy of the claim and related (e) Voluntary agencies or intergoy- documents to the USAID. or Diplomatic ernmental organizations which fail to Post. Cooperating sponsors who fail to pursue claims, or fail to provide for the file or pursue such claims shall be liable right of CCC to assert such claims, as to AID for the value of the commodities provided in this subparagraph shall be lost, damaged, or misused: Provided, liable to the United States for the cost however, That the cooperating sponsor and freight (C&F) value of the com- may elect not to file a claim if the loss modities lost to the program.

is less than $100 and such action is not (iii) If a cargo loss is incurred on a detrimental to the program. Cooperating voluntary agency or intergovernmental sponsors may retain $25 of any amount organization shipment, and general collected on a claim. In addition, coopaverage has been declared, the voluntary erating sponsors may, with the written agency or intergovernmental organiza- approval of the USAID or Diplomatic tion shall furnish to the Treasurer, CCC, Post, retain special costs such as legal in Washington, D.C. (a) copies of the fees that they have incurred in the colapplicable on-board bill(s) of lading, (6) lection of a claim. Any proposed settlethe related outturn or survey report(s), ment for less than the full amount of (c) evidence showing the amount of the claim must be approved by the ocean transportation charges paid to the USAID or Diplomatic Post prior to accarrier(s), and (d) an assignment to CCC ceptance. When the cooperating sponof the cooperating sponsor's rights to the sor has exhausted all reasonable atclaim (s) for such loss.

tempts to collect a claim, it shall request (d) Fault of cooperating sponsor in the USAID or Diplomatic Post to provide country of distribution. If the coop- further instructions. erating sponsor improperly distributes (f) Reporting losses to USAID or Dipa commodity or knowingly permits it to lomatic Post. The cooperating sponsor be used for a purpose not permitted shall promptly notify USAID or the under the Food for Freedom Program Diplomatic Post in writing of the cirAgreement or this part, or causes loss cumstances pertaining to any loss, damor damage to a commodity through any age, or misuse occurring within the act or omission or fails to provide proper country of distribution or intermediate storage, care, and handling, the coop- country and shall include information erating sponsor shall pay to the United as to the name of the responsible party; States the value of the commodities lost, kind and quantities of commodities; size, damaged, or misused (or may, with prior and type of containers; the time and USAID approval, replace such commod- place of misuse, loss, or damage; the curities with similar commodities of equal rent location of the commodity; and the value), unless it is determined by AID Food for Freedom Program Agreement that such improper distribution or use, number, the CCC contract numbers, if or such loss or damage, could not have known, or if unknown, other identifying been prevented by proper exercise of numbers printed on the commodity conthe cooperating sponsor's responsibility tainers; the action taken by the cooperunder the terms of the agreement. Nor- ating sponsor with respect to recovery mal commercial practices in the country or disposal; and the estimated value of distribution shall be considered in of the commodity. If any of the above determining that there was a proper information is not available, an explanaexercise of the cooperating sponsor's tion of its unavailability shall be made responsibility. Payment by the coop- by the cooperating sponsor. Proceeds erating sponsor shall be made in accord- from sale and the disposition of the proance with paragraph (g) of this section. ceeds if any, should also be reported.

(e) Fault of others in country of dis- (g) Determination of value. (1) Where tribution and in intermediate country. payment is made for commodities misUpon the happening of any event cre- used, lost or damaged, the value shall be ating any rights against a warehouse- determined on the basis of the domestic man, carrier or other person for the loss market price at the time and place the of, damage to, or misuse of any com- misuse, loss or damage occurred, or, in modity, the cooperating sponsor shall case such market price is not available, make every reasonable effort to pursue the f.o.b.or f.a.s. commercial export price

[ocr errors]

of the commodity at the time and place of export, plus ocean freight charges and other costs incurred by the United States in making delivery to the cooperating sponsor: Provided, however, That at the request of the cooperating sponsor and/ or upon the recommendation of the USAID or Diplomatic Post, AID/W may determine that such value may be determined on some other justifiable basis. Where replacements are made, the value of commodities misused, lost, or damaged, shall be their value at the time and place the misuse, loss, or damage occurred and the value of the replacement commodities shall be their value at the time and place replacement is made.

(2) In the settlement of general averages and marine salvage claims, the value of the cargo and the commodities lost or damaged, shall be determined by CCC on such basis as may be legally applicable.

(h) Handling of claims proceeds. Claims against ocean carriers shall be collected in U.S. dollars (or in currency in which freight is paid, or a pro rata share of each) and shall be remitted (less amounts authorized to be retained) by voluntary agencies and intergovernmental organizations to CCC. Claims against voluntary agencies and intergovernmental organizations shall be paid to AID/W in U.S. dollars. Amounts paid by other cooperating sponsors and third parties in the country of distribution, shall be deposited with the U.S. Disbursing Officer, American Embassy, in local currencies at the official exchange rate applicable to dollar imports at the time of deposit with instructions to credit the deposit to CCC Account No. 20 FT 401. § 211.10 Records and reporting require

ments of cooperating sponsor. (a) Records. Cooperating sponsors shall maintain records and documents in a manner which will accurately reflect all transactions pertaining to the receipt, storage, distribution, and inspection of commodities. This shall include a periodic summary report and records of receipt and disbursement of any funds accruing from the operation of the program. Such records shall be retained for a period of 3 years from the close of the U.S. fiscal year to which they pertain.

(b) Reports. Cooperating sponsors shall submit reports to the USAID or Diplomatic Post, at such times and on such forms as prescribed by AID. The

following is a list of the principal types of reports that are to be submitted:

(1) Periodic summary reports showing receipt, distribution, and inventory of commodities and proposed schedules of shipments or call forwards.

(2) Reports relating to progress and problems in the implementation and operation of the program, and inspection reports, as may be required from time to time by AID/W, or as may be agreed upon between the USAID or Diplomatic Post and the cooperating sponsor and approved by AID/W.

(3) Reports of all comprehensive internal audit examinations prepared in accordance with § 211.5(c) shall be submitted to the USAID or Diplomatic Post for review as soon as completed and in advance of submission of estimates of requirements submitted in accordance with § 211.5(d) and in sufficient detail to enable the USAID or Diplomatic Post to assess and to make recommendations as to the ability of the cooperating sponsors to manager and control the Food for Freedom programs under their administration.

(c) Inspection and audit. Cooperating sponsors shall cooperate with and give reasonable assistance to USAID/ Controller and other U.S. Government representatives to enable them at any reasonable time to examine activities of the cooperating sponsors, processors, or others, pertaining to the receipt, distribution, processing, repackaging, and use of commodities; to inspect commodities in storage, or the facilities used in the handling or storage of commodities; to inspect and audit records, including financial records and reports pertaining to storage, transportation, processing, repackaging, distribution and use of commodities; the deposit of and use of any local currencies; and to review or audit the procedures and methods used in carrying out the requirements of this part. 8 211.11 Termination of program.

All or any part of the assistance provided under the program, including commodities in transit, may be terminated by AID at its discretion if the cooperating sponsor fails to comply with the provisions of the Food for Freedom Program Agreement, this part, or if it is determined by AID that the continuation of such assistance is no longer necessary or desirable. Under such circumstances title to commodities which have been

[ocr errors]
[ocr errors][ocr errors]

transferred to the cooperating sponsor

Sec. shall at the written request of USAID,

212.33 Procedure for making requests.

212.34 Denial of request for access the Diplomatic Post, or AID/W, be re

to

records. transferred to the U.S. Government by

212.35 Schedule of fees and method of paythe cooperating sponsor. Any excess

ment for services rendered. commodities on hand at the time the program is terminated shall be disposed Subpart E-Exemptions From Disclosure of in accordance with $ 211.5(1). If it is 212.41 Exemptions from the publication and determined that any commodity to be

disclosure requirements of Subsupplied under the Food for Freedom

parts B, C, and D. Program Agreement is no longer avail

212.42 Guidance in application of exempable for Food for Freedom Programs,

tions. such authorization shall terminate with

Subpart Access to Classified Foreign Policy respect to any commodities which, as Records for Nonofficial Research Purposes of the date of such determination have

212.51 General policy. not been delivered f.o.b. or f.a.s vessel, provided every effort will be made to

AUTHORITY: The provisions of Part 212 are

issued under sec. 621, 75 Stat. 445, as amendgive adequate advance notice to protect

ed; 22 U.S.C. 2402, 5 U.S.C. 552, E.O. 10501, cooperating sponsors against unneces

as amended: 3 CFR 1949–1953 Comp., E.O. sarily booking vessels.

10816; 3 CFR, 1959–1963 Comp. § 211.12 Waiver and amendment au- SOURCE: The provisions of this Part 212 thority,

contained in A.I.D. Regulation 12, 32 F.R.

9652, July 4, 1967, unless otherwise noted. AID may waive, withdraw, or amend, at any time, any or all of the provisions of

Subpart A-General this Part 211 if such provision is not statutory and if AID determines it is in

§ 212.1

Statement of policy. the best interest of the U.S. Govern- (a) It is the policy of the Agency for ment to do so. Any cooperating spon- International Development that inforsor which has failed to comply with the mation about its objectives and operaprovisions of this part or any instruc- tions be freely available to the public, in tions or procedures issued in connection accordance with the provisions of Pubherewith, or any agreements entered lic Law 89–487 (80 Stat. 250). The Diinto pursuant hereto may at the discre- rector, Information Staff is responsible tion of AID be suspended or disqualified for administration of the provisions of from further participation in any distri

the regulations of this part. bution program. Reinstatement may be

(b) All identifiable records of the made at the option of AID. Disqualifica

Agency for International Development tion shall not prevent AID from taking

shall be made available to the public other action through other available

upon compliance with the procedures

established in this regulation, except to means when considered necessary.

the extent a record is determined to be

exempt from disclosure by the Director, PART 212_PUBLIC INFORMATION

Information Staff or the Assistant AdSubpart A-General

ministrator for Administration. Sec. 212.1 Statement of policy.

Subpart B--Publication in the

Federal Register Subpart B- Publication in the Federal Register

$ 212.11 Materials to be published. 212.11 Materials to be published. 212.12 Effect of nonpublication.

(a) The Agency separately states and 212.13 Incorporation by reference.

currently publishes in the FEDERAL REGSubpart (-Availability of Information for Public

ISTER for the guidance of the public: Inspection and Copying

(1) Descriptions of its central and

field organization and the established 212.21 Public records. 212.22 Protection of personal privacy.

places at which, the officers from whom, 212.23 Current index.

and the methods whereby, the public 212.24 Effect of noncompliance.

may secure information, make submit212.25 Offices where materials are available.

tals or requests, or obtain decisions; Subpart D-Access to Identifiable Records

(2) Statements of the general course 212.31 Access to identifiable records.

and method by which its functions are 212.32 Identification of records.

channelled and determined, including

the nature and requirements of all formal and informal procedures available;

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

(4) 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; and

(5) Every amendment, revision or repeal of the foregoing.

(b) A.I.D. Public Notice No. 1 and the A.I.D. Regulations published in Chapter II of Title 22, and in Sub-Title A, Chapter 7 of Title 41 of the Code of Federal Regulations, implement the provisions of this section. 8 212.12 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 A.I.D. matter required to be published in the FEDERAL REGISTER and not so published. § 212.13 Incorporation by reference.

For purposes of this Subpart B, A.I.D. matter which is reasonably available to the class of persons affected thereby is deemed to be published in the FEDERAL REGISTER when it has been incorporated by reference therein with the approval of the Director of the Federal Register. Subpart C—Availability of Informa

tion for Public Inspection and

Copying § 212.21 Public records.

In accordance with this subpart, A.I.D. makes the following information and materials available for public inspection and copying:

(a) All final opinions (including concuring and dissenting opinions), and all orders made in the adjudication of cases;

(b) Those statements of policy and interpretations which have been adopted by the Agency and are not published in the FEDERAL REGISTER; and

(c) Administrative staff manuals and instructions to staff that affect any member of the public.

$ 212.22 Protection of personal privacy.

To the extent required to prevent a clearly unwarranted invasion of personal privacy, the Agency may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, or staff manual or instruction, and will, in each such case, explain in writing the justification for the deletion. $ 212.23 Current index.

The Agency maintains and makes 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 § 212.21 to be made available or published. § 212.24 Effect of noncompliance.

No final order, opinion, 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 Agency 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. § 212.25 Offices where materials

available. The materials required to be made available for public inspection and copying in accordance with this subpart are available to members of the public who apply in person (a) to the Director, Information Staff, Agency for International Development Department of State, 21st and Virginia Avenue NW., Washington, D.C. 20523; (b) overseas, to the Director, USAID, care of American Embassy, in the countries in which AID has offices abroad. The schedule of fees which is prescribed for the copying seryice is set forth in § 212.34. Subpart D-Access to Identifiable

Records § 212.31 Access to identifiable records.

Upon request for identifiable records made in accordance with the provisions of this subpart the Agency for International Development will make such records promptly available to any person, except the following: (a) Matters published in the FEDERAL REGISTER pursuant

are

« PreviousContinue »