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health and welfare, including education.

(1) Services requested by an individual or corporation that is performing a function related to or furthering an objective of the Federal Government, when the cost of such services would be chargeable to a Federal Government contract or grant held by the individual or corporation.

(m) Services requested by donors with respect to their gifts.

(n) Requests for occasional and incidental services (including requests from residents of foreign countries), that are not requested often, when it is determined administratively that a fee would be inappropriate for the occasional and incidental services.

(0) Requests from Federal employees for the completion of claims for reimbursement under the Federal Employees Health Benefit Act of 1959.

(p) Administrative services provided by reference or reading rooms to inspect public records, excluding copies of records or documents furnished.

(q) Requests for military locator service by financial organizations that are located on DoD installations.

(r) Requests for military locator service by financial organizations that are engaged in the direct deposit program and that are not located on DoD installations. Requests for an address of record shall include the following:

(1) A statement that the financial organization is listed as a direct deposit recipient in the current U.S. Treasury Bureau of Accounts, "Financial Organizations Directory."

(2) A statement that the individual, whose address is being requested, has his or her pay forwarded as a direct deposit by a DoD disbursing officer.

(3) The individual's financial organization's account number.

(s) Services rendered in response to requests for classification review of DoD classified records, submitted under Executive Order 12065 and implemented by 32 CFR part 159. Such services consist of the work performed in conducting the classification review or in granting and completing an appeal from a denial of declassification following such review.

(t) Services of a humanitarian nature performed in such emergency

situations as life-saving transportatio for non-U.S. Armed Forces patient search and rescue operations, and ai lift of personnel and supplies to a di aster site. This does not mean tha inter- and intra-Governmental agre ments to recover all or part of cost should not be negotiated. Rather, means the recipient or beneficiary wi not be assessed a “user charge."

[51 FR 16024, Apr. 23, 1986. Redesignat and amended at 56 FR 64482, Dec. 10, 199 § 204.10 Schedule of fees and rates.

This schedule applies to authoriz services related to copying, certifyin and searching records rendered to t public by DoD Components, exce when those services are excluded excepted from charges under subs tion D.3. of the basic Instruction, § 204.9. Except as provided in spec cases prescribed below, a minimum i of $3.50 will be levied for processi any chargeable case. Normally or one copy of any record or docume will be provided.

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(f) Copies of medical articles and illustrations. Standards contained in the basic Instruction will be utilized in computing costs.

(g) Claims, litigation. Copies of documents required for other than official purposes. (Includes court-martial records furnishing information from Report of Claims Investigations; e.g., automobile collision investigations and safety reports.) Requests pertaining to private litigation and to cases in which the United States is a party and where court rules provide for reproduction of records without cost to the Government (if not covered in 2. or 3., above).

(1) Searching and processing (per hour)...........

Minimum charge..................

.$13.25 .8.30

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(i) Silver duplicate negative, per card........

When keypunched and verified, per

card...........

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$0.75

..85

.....65

.75

0.50

.0.45

.1.50

.0.10

(j) General. Charges for any additional services not specifically provided above, consistent with the provisions of the basic Instruction, will be made by the respective DoD Components at the following rates:

(1) Clerical search and processing, per hour........

Minimum charge.......

$13.25 8.30

(2) Professional search or researching (To be established at actual hourly rate prior to search. A minimum charge will be established at 2-hourly rates.)...................................... (3) Minimum charge for office copy reproduction (up to six images)..........3.50 (4) Each additional image......... (5) Each typewritten page..

0.10

....3.50 ..5.20

(6) Certification and validation with seal, each.......... (7) Hand-drawn plots and sketches, each hour or fraction thereof........... 12.00 [51 FR 16024, Apr. 23, 1986. Redesignated and amended at 56 FR 64482, Dec. 10, 1991)

PART 205-END USE CERTIFICATES (EUCs)

$3.50

Sec.

Plus:

205.1 Propose.

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(a) End Use Certificate (EUC). For the purposes of this part, a written agreement in connection with the transfer of military equipment or technical data to the United States that restricts the use or transfer of that item by the United States.

(b) Use for defense purposes. Includes direct use by or for the U.S. Government in any part of the world and transfer by means of grant aid, International Military Education and Training (IMET) programs, Foreign Military Sales (FMS), and other security assistance and armaments cooperation authorities.

§ 205.4 Background and policy.

This part is intended to authorize the execution of EUCS when such a certificate is necessary to facilitate purchases of foreign products when the purchase of such products is in the best interest of the United States.

(a) The Military Departments and other DoD Components purchase products produced by allies and friendly countries and participate in cooperative development programs to

promote interoperability, standardization, and an expanded procurement base, and to obtain products that best meet U.S. needs at the lowest cost.

(b) U.S. worldwide security responsibilities are extensive and recognition of these special circumstances has resulted in long-time acceptance in international agreements, by allies and friends, of the need for flexibility in the authorized uses or transfer of purchased or co-developed articles and data. In various circumstances, international agreements have recognized that permissible use of an item or data for U.S. "defense purposes" as defined in § 205.3(b).

(c) Consistent with paragraphs (a) and (b) of this section, DoD Components may sign EUCs, in accordance with the policy and procedures outlined below. While most EUCS requested by foreign governments use general language, their effects may be divided into three categories, as described in the following paragraphs. Authority to approve their execution is limited as follows:

(1) Category I. Secretaries of the Military Departments and Directors of Defense Agencies may authorize EUCS:

(i) For acquisition of items classified for security purposes by a foreign government.

(ii) For the acquisition of items covered by the nonproliferation agreements to which the United States is a party, such as missile technology, or

(iii) That permit the item to be "used for defense purposes" as defined in § 205.3(b), by the United States.

(2) Category II. EUCs that are not Category I or III are Category II. Secretaries of the Military Departments and Directors of Defense Agencies may authorize Category II EUCS only after a determination is made through the coordination procedures set forth in § 205.6(a)(1) that, notwithstanding the use or transfer limitations, the purchase is in the U.S. national interest. The least restrictive provisions possible should be negotiated.

(3) Category III. Secretaries of Military Departments and Directors of Defense Agencies may not authorize the signature of EUCS which limit the right:

(i) For use by or for the U.S. Gov-
ernment in any part of the world, or

(ii) To provide the item to allies en-
gaged together with the United States
in armed conflict with a

common

enemy. Waivers to this prohibition
may be granted by the Under Secre-
tary of Defense (Acquisition)
(USD(A)). Procedures for requesting
such waivers are at § 205.6(a)(1).

§ 205.5 Responsibilities.

(a) The Under Secretary of Defense
(Acquisition) shall:

(1) Monitor compliance with this
part.

(2) Develop procedures to ensure
timely review of Category II and III
items with the Under Secretary of De-
fense for Policy (USD(P)).

(3) Upon obtaining the concurrence
of the USD(P), waive the restrictions
in § 205.4(c)(3) when purchase of the
item is in the national interest.

(4) When requested, and in coordina-
tion with the USD(P), assist the Mili-
tary Departments and Defense Agen-
cies in negotiating the elimination or
amelioration of an EUC's restrictive
language.

(b) The Under Secretary of Defense
for Policy shall:

(1) Consult with the USD(A) on
waivers authorized by this part and, if
appropriate, coordinate with the De-
partment of State.

(2) When requested, and in coordina-
tion with the USD(A), assist the Mili-
tary Departments and Defense Agen-
cies in negotiating the elimination or
amelioration of the EUC's restrictive
language.

(3) Develop procedures for coordina-
tion and review of EUC's internally
and with the Department of State.

(4) Establish, with the concurrence
of the USD(A), specific acceptable end
use restrictions in addition to those set
forth in Category I, which shall be
added immediately to Category I and a
corresponding administrative change
made to § 205.4(c)(1).

(c) The Secretaries of the Military
Departments and the Directors of the
Defense Agencies shall:

(1) Authorize the execution of Cate-
gory I and II EUCS in accordance with
the procedures outlined in § 205.6.
This responsibility may not be delegat-

ed by the Directors of Defense Agen
cies; it may be delegated by Secretar
ies of the Military Departments to ci
vilian officers of their respective de
partments appointed by the Presiden
with the advice and consent of the
Senate. Once EUC execution is au
thorized, the Director of a Defens
Agency, or Military Department civil
ian official who has been delegated au
thorization authority may delegat
the authority to sign individual EUC
(2) Establish procedures to ensur
compliance with this part. These pr
cedures should ensure compliance, fo
the life of the purchased item, wit
the transfer or use restrictions agree
to in signing an EUC. They shoul
also ensure 21-calendar day notific
tion to USD(A) before authorizing th
execution of a Category II EUC.

§ 205.6 Procedures.

(a) Procedures for the three categ
ries of EUCs established in § 205.4

are:

(1) Category I. Secretaries of t
Military Departments and Directors
Defense Agencies may authorize Ca
gory I EUCS.

(2) Category II. Not less than 21 c
endar days before authorizing the ex
cution of a Category II EUC, Milita
Departments and Defense Agenc
shall provide notification to
USD(A). The notification will conta
a description of the item and the lin
tations to be imposed by the exporti
government. The USD(A) shall coor
nate with the USD(P), providing
least 14 days for review. If approp
ate, the USD(P) shall coordinate w
the Department of State. The USD
shall notify the submitting DoD Co
ponent of any further action requir
before final authorization of the EU
otherwise, concurrence may be
sumed after expiration of the 21-d
period.

(3) Category III. To acquire an it
requiring a Category III EUC, the S
retary of a Military Department or
rector of a Defense Agency must
quest a waiver from the USD(A). E
quests for waivers should specify:

(i) Why it is in the interest of t
U.S. Government to procure the ite

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