or his designee, before any payment will be made on such tobacco under this offer. If the form in which the tobacco was originally packed is changed (an example would be conversion of bundles to strips), the exporter must provide the Secretary, or his designee, with a certified listing of each hogshead or unit of tobacco, showing, on the basis of original packing, kind of tobacco, crop year, and grade, along with a certified listing showing the corresponding grades for each hogshead or unit of tobacco resulting from the conversion and/or repacking. The Secretary may at his discretion have any lot of tobacco covered by an approved application inspected at any storage location or port of export for identification and check-listing. The Secretary, or his designee, may also require the exporter to submit any other certification or documentation necessary for full and complete identification of the tobacco exported.

9. Export shipment. Export shipment of tobacco for which payment will be made under this offer shall be made to eligible countries from U.S. East Coast or Gulf ports, unless prior approval is secured for the use of ports located elsewhere. Export shipment shall be made after date of approval of the related Application for Participation and on or before December 31, 1962, unless such date is extended by the Secretary in writing. The tobacco shall be deemed to have been exported when loaded on board the exporting carrier, provided such tobacco is not thereafter unloaded from such carrier in the United States, its territories, or possessions, and is not diverted to an ineligible country. The date on the on-board bill of lading shall be considered to be the date the tobacco was loaded on board, unless an "on-board" date is shown.

10. Claims for payment. Claims for payment shall be filed on or before June 31, 1963, with the:

Eastern Area Administrative Division, AMS, U.S. Department of Agriculture, Washington 25, D.C.

Each claim for payment shall be filed in an original and one copy and shall show the exporter's serial number of the related approved Application for Participation and the amount of the claim. The exporter's regular billing forms shall be used and shall contain the following certification:

I certify that the export shipment covered by this claim was made in accordance with the terms and conditions of the Tobacco Export Payment Program.

Payee
Per

Title

Each claim shall be supported by:

(a) A copy of storage outbillings.

(b) A copy of all transportation invoices.

(c) A copy of the on-board export bill of lading signed by an agent of the exporting carrier. Where exportation or transshipment of tobacco has been made or caused by the exporter to one or more of the countries or areas to which a validated license is required by the Bureau of International Programs, U.S. Department of Commerce, the license issued for such movement by such agency shall be identified in the on-board commercial bill of lading. (d) A copy of invoice to the foreign buyer.

If the shipper or consignor named in the on-board export bill of lading is other than the exporter named in the Application to Participate, the exporter shall furnish with each copy of such bill of lading a waiver by such shipper or consignor, in favor of such exporter, of any right to claim payment under this offer. If such bill of lading shows the name of a consignee differing from that appearing as the foreign buyer on the export sales contract under which such bill of lading is made, the exporter shall accompany his claim for payment with a certification that the shipment under such bill of lading is to the foreign buyer named in the contract and is made pursuant to that contract. If the Secretary has reason to believe that exportation of all or any quantity of the tobacco was not actually accomplished, or that there has not been compliance with other requirements of this offer, the Secretary may require such additional evidence as to purchase, sale, and exportation as he deems reasonable.

11. Records and accounts. The exporter shall maintain adequate records showing purchases, sales, and deliveries of tobacco exported or to be exported in connection with this program. Such records, accounts, and other documents relating to any transaction in connection with this program shall be available during regular business hours for inspection and audit by authorized employees of the United States Department of Agriculture, and shall be preserved for at least three years after the effective date of this program.

12. Persons not eligible. No member of, or Delegate to, Congress or Resident Commissioner shall be admitted to any payment made under this offer or to any benefit that may arise therefrom, but this provision shall not be construed to extend to a payment made to a corporation for its general benefit.

13. Joint payment or assignment. An exporter may name a joint payee on vouchers for payment or may assign payment to a recognized financing institution, in accordance with the provisions of the Assignment of Claims Act of 1940, Public Law No. 811, 76th Congress, as amended: Provided, That such assignment shall be recognized only if and when the assignee thereof files written notice of assignment, in accordance with the instructions on Form AMS-66, "Notice of Assignment," which form must be used in giving notice of assignment to the Representative of the Secretary named in paragraph 1 of this offer. The "Instrument of Assignment" may be executed on Form AMS-347 or the assignee may use his own form of assignment. The AMS forms may be obtained from said Representative of the Secretary.

14. Definitions.

As used in paragraphs 1 to 13, the following terms have the following meanings:

(a) "Secretary" means the Secretary of the United States Department of Agriculture, or any authorized Representative of the Secretary.

(b) "Eligible countries" means any destination outside of the United States. excluding Puerto Rico, and excluding any country or area for which an export license is required under regulations of the Department of Commerce, Bureau of International Programs, under the Export Control Act of 1949, unless a license for exportation or transshipment thereto has been obtained from such Bureau.

(c) "United States" means the fifty states and the District of Columbia. (d) "Unmanufactured tobacco" means unstemmed leaf tobacco, stemmed leaf tobacco (strips), and coarsely chopped leaf tobacco.

(e) "Sales contract" means a firm offer to purchase and acceptance thereof. (f) "Date of sale" means the date on which both buyer and seller signed a written contract, or the date on which the buyer accepts an offer of sale or confirms the purchase, or the date on which the seller accepts an offer to purchase or confirms the sale.

(g) "F.a.s." means free alongside ship or other export carrier.

(h) "On-board export bill of lading" means any bill of lading covering the exportation of unmanufactured tobacco from the United States.

(i) "Certified" means signed declaration of correctness or validity.

(j) "Filed." Applications, claims, and related documents are deemed filed when they are postmarked, if mailed, or when received by the designated AMS office, if otherwise delivered.

NOTE: The record keeping and reporting requirements contained herein have been ap proved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. Effective date. This offer shall be effective upon date of publication.

STEPHEN E. WRATHER, Director, Tobacco Division, Agricultural Marketing Service.

U.S. DEPARTMENT OF AGRICULTURE

AGRICULTURAL MARKETING SERVICE

[Reprinted from Federal Register of March 22, 1962]

NOTICE OF TERMS AND CONDITIONS FOR MAKING PAYMENTS UNDER SECTION 32 TOBACCO EXPORT PAYMENT PROGAM, CMX 40a

[Amdt. 1]

A. This tobacco export payment program was announced and outlined in a press release dated February 16, 1962. Complete terms and conditions of the program were set forth in a notice published March 10, 1962 (27 F.R. 2329). In order to encourage the exportation of eligible tobacco covered by export sales contracts which were made in reliance on the press release and prior to such notice, such exportation being in conformity with program provisions, paragraph 3 of such notice is amended to read as follows:

3. Payment. Payment will be made by the Secretary with respect to eligible tobacco covered by an export sales contract with a foreign buyer having a

date of sale after February 16, 1962, and on or before November 30, 1962, and exported to eligible countries in accordance with the provisions of this offer.

B. In order to clarify the computation of the rate of payment on tobacco which had been purchased at a special discount, the proviso in paragraph 4 of said notice is amended to read as follows: "Provided, however, That if the tobacco exported was purchased at a special discount from the association's sales prices, which discount was not in effect on February 16, 1962, the rate of payment under this offer will be reduced by the same percentage as the discount." C. The date in the first sentence of paragraph 10 of said notice is amended to read June 30, 1963. STEPHEN E. WRATHER, Director, Tobacco Division, Agricultural Marketing Service.

MARCH 13, 1962.

U.S. DEPARTMENT OF AGRICULTURE

AGRICULTURAL MARKETING SERVICE

[Reprinted from Federal Register of April 7, 1962]

NOTICE OF TERMS AND CONDITIONS FOR MAKING PAYMENTS UNDER SECTION 32 TOBACCO EXPORT PAYMENT PROGRAM, CMX 40a

[Amdt. 2]

A. In order to permit the mixing or commingling of eligible tobacco after approval of the application for participation, paragraph 2(c) of the notice, published March 10, 1962 (27 F.R. 2329), is amended to read as follows:

(c) Which has not been mixed of commingled, prior to approval of application for participation in this program, with tobacco which was not acquired from Commodity Credit Corporation price-support loan collateral of the 1956 and preceding crops.

B. In order to clarify the rate of payment for stemmed leaf tobacco, paragraph 4 of said notice is amended by adding the following at the end of the paragraph: "In the case of tobacco already stemmed at the time of application for participation, the payment shall be based on the unstemmed equivalent of the stemmed leaf exported, converted on the basis of the factors published in the Tobacco Stocks Report' and used for conversion of reported stocks. In the case of tobacco stemmed after approval of the application for payment, payment will be based on the smaller of (1) the quantity of tobacco acquired, or (2) a quantity computed by applying said conversion factor to the quantity of stemmed leaf exported." STEPHEN E. WRATHER, Director, Tobacco Division, Agricultural Marketing Service.

APRIL 3, 1962.

U.S. DEPARTMENT OF AGRICULTURE

AGRICULTURAL MARKETING SERVICE

[Reprinted from Federal Register of August 30, 1962]

NOTICE OF TERMS AND CONDITIONS FOR MAKING PAYMENTS UNDER SECTION 32 TOBACCO EXPORT PAYMENT PROGRAM

[Amdt. 3]

The notice published on March 10, 1962 (27 F.R. 2329), provided that applications must be submitted by November 30, 1962, and that export shipment must be made on or before December 31, 1962. In many instances, it is difficult to complete arrangements for shipment within 30 days. In order to make full use of the time for submission of applications, the final date for shipment of tobacco is being extended. Accordingly, the second sentence of paragraph 9 of the notice is hereby amended to read as follows: "Export shipment shall be made after date of approval of the related Application for Participation and on or before April 1, 1963, unless such date is extended by the Secretary in writing." STEPHEN E. WRATHER, Director, Tobacco Division, Agricultural Marketing Service.

AUGUST 20, 1962.

U.S. DEPARTMENT OF AGRICULTURE

AGRICULTURAL MARKETING SERVICE

[Reprinted from Federal Register of November 30, 1962]

NOTICE OF TERMS AND CONDITIONS FOR MAKING PAYMENTS UNDER SECTION 32 TOBACCO EXPORT PAYMENT PROGRAM

[Amdt. 4]

Extension of Time for Making Sales and Delivery

An extension of time for making sales and delivery under the tobacco export payment program was announced in a press release dated November 23, 1962. The purpose of the extension is to encourage export of leaf tobacco from the 1956 and earlier crops which had been pledged for loan to the Commodity Credit Corporation. Complete terms and conditions of the program were set forth in a notice published March 10, 1962 (27 F.R. 2329).

In order to conform with the announced extension of time for making sales, the date shown in paragraph 3 of the notice is amended to November 30, 1963.

The date for making final shipment is also extended and the second sentence of paragraph 9 of the notice is hereby amended to read as follows: "Export shipment shall be made after date of approval of the related Application for Participation and on or before March 31, 1964."

The period within which claims for payment shall be filed is extended and the date in the first sentence of paragraph 10 is amended to June 30, 1964. Based on experience gained in actual handling of claims under this program, it has been determined that subparagraph (a) under paragraph 10 is not essential and therefore said subparagraph is deleted from the requirements. STEPHEN E. WRATHER,

Director, Tobacco Division, Agricultural Marketing Service.

NOVEMBER 23, 1962.

U.S. DEPARTMENT OF AGRICULTURE

AGRICULTURAL MARKETING SERVICE

[Reprinted from Federal Register of February 14, 1963]

NOTICE OF TERMS AND CONDITIONS FOR MAKING PAYMENTS UNDER SECTION 32 TOBACCO EXPORT PAYMENT PROGRAM, CMX 40a

[Amdt. 5]

Section 4 of terms and conditions published March 10, 1962 (27 F.R. 2329), as amended on March 22, 1962 (27 F.R. 2707), is further amended to add provisions specifying the rate of payment for flue-cured tobacco purchased on the basis of a revised selling list effective February 11, 1963. Accordingly, paragragh 4 is amended by designating the present paragraph as subparagraph (a) and by adding the following subparagraph (b):

(b) The rate of payment for eligible flue-cured tobacco purchased on the basis of a revised selling list effective as of February 11, 1963, will be 20 percent of the revised base prices, exclusive of any carrying charges, for the year and grade of tobacco exported.

STEPHEN E. WRATHER, Director, Tobacco Division, Agricultural Marketing Service.

FEBRUARY 11, 1963.

The information relating to the names of dealers who have exported tobacco under the current section 32 export payment program is submitted as requested by the subcommittee. We respectfully request your consideration in using the names of these dealers for executive purposes only. In the past the quantity of loan stock tobacco purchased by individual firms has not been made public because of the competitive nature of the buying interest in the tobacco trade. The public release will seriously affect future sales of loan stock tobacco. Also, the public release of the commercial export prices received by each firm would be viewed by the firms involved as a breach of the confidential status customarily accorded to such information by Federal agencies.

Summary of sec. 32 tobacco export payment program, CMX 40a through Mar. 14,

1 Quantity of tobacco represented by application for participation in program. : Based on 20 percent indemnity provided in program.

* Gross sales value (f.a.s.) includes original cost of tobacco, inland freight, inspection, fumigation, recooperage in some instances, carrying charges and credit, agents' commissions, overhead, and other costs incident to sales.

Cost of tobacco at base prices.

These applications represent tobaccos which will be exported as black fat. The base price for these tobaccos was $342,069.62. The labor involved incident to the handling of these tobaccos represents considerably more than the value of the tobaccos. Accordingly, export sales value is not included in these tabulations and, in order to keep costs and sales values on a comparable basis, the base cost of the tobaccos was also excluded.

Represents total sec. 32 obligations from February 1962, when the program began, through Mar. 14, 1963. Of this total, $1,532,468 was obligated during fiscal year 1962. In fiscal year 1963 through Mar. 2, 1963, $1,409,148 was obligated and $330,873 during the period Mar. 3 to Mar. 14, 1963.