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CHAPTER 11-AGENCY FOR INTERNATIONAL
Note: Section 621(b) of the Foreign Assistance Act of 1961, Public Law 87–195, 75 Stat. 424, abolished the International Cooperation Administration. The President, by Executive Order 10973 (26 F.R. 10469), delegated the functions of the abolished agency to the Secretary of State and directed him to establish the Agency for International Development in the Department of State. The Secretary of State established the Agency for International Development by Public Notice 199 (26 F.R. 10608). The Administrator of the Agency for International Development issued Delegation of Authority No. 3 (26 F.R. 10734) which directed:
“All delegations of authority, regulations, instructions, memoranda, or other similar documents (published or otherwise) of ICA and DLF in effect at the time of this order, shall, to the extent consistent with law, continue in effect except as they may be later modified or superseded.”
200 Employee responsibilities and conduct. 201 Rules and procedures applicable to commodity transactions financed by
A.I.D. 202 Overseas shipments of supplies by voluntary nonprofit relief agencies. 203 Registration of agencies for voluntary foreign aid. 205 Per diem payments to participants in nonmilitary economic development
training programs. 207 Limitation on the employment of third country nationals for construction
work financed from United States foreign assistance funds. 208 Suppliers of commodities and commodity-related services ineligible for A.I.D.
financing 209 Non-discrimination in federally-assisted programs of the Agency for Inter
national Development-effectuation of Title VI of the Civil Rights Act of
1964. 210 Loyalty and security investigations for persons serving under contracts
financed from United States foreign assistance funds. 211 Transfer of food commodities for use in disaster relief and economic develop
ment, and other assistance. 212
Public information. 213
Collection of civil claims by the Agency for International Development.
PART 200—EMPLOYEE RESPONSI
BILITIES AND CONDUCT CROSS-REFERENCES: The regulations governing the responsibilities and conduct of employees of the Agency for International Development are codified as Part 10 of this title, prescribed jointly by the Department of State, the Agency for International Development, and the U.S. Information Agency, 31 F.R. 6309, Apr. 26, 1966.
PART 201—RULES AND PROCEDURES Sec.
APPLICABLE TO COMMODITY 201.61 Meaning of terms in this subpart. TRANSACTIONS FINANCED BY
201.62 Responsibilities of borrower/grantee
and of supplier. A.I.D.
201.63 Maximum prices for commodities.
201.64 Application of the price rules to comSubpart A-Definitions and Scope of This Part
201.65 Commissions, service payments, and 201.01 Definitions.
discounts. 201.02 Scope.
201.66 Side payments.
201.67 Maximum freight charges. Subpart B-Conditions Governing the Eligibility of 201.68 Maximum prices for commodity-reProcurement Transactions for A.I.D. Financing
lated services. 201.10 Purpose.
201.69 Commodity price subject to escala201.11 Eligibility of commodities.
tion. 201.12 Eligibility of incidental services. 201.13 Eligibility of delivery services.
Subpart H– Rights and Responsibilities of Banks 201.14 Eligibility of bid bonds and perform- 201.70 Purpose. ance guaranties.
201.71 Terms of letters of credit. 201.15 U.S.-flag vessel shipping requirement. 201.72 Making payments.
201.73 Limitations on the responsibilities of Subpart C-Procurement Procedures,
banks. Responsibilities of Importers
201.74 Additional documents for A.I.D. 201.20 Purpose.
201.75 Termination or modification. 201.21 Notice to supplier.
Subpart I-Rights and Remedies of A.I.D., Waiver 201.22 Formal competitive bid procedures. 201.23 Other procurement procedures.
Authority, and Transitory Provisions 201.24 Solicitation of bids and quotations.
201.80 Purpose. 201.25 Advance and progress payments for
201.81 Rights of A.I.D. against borrower/ custom-made commodities.
grantees. 201.26 Bid bonds and performance guaran- 201.82 Rights of A.I.D. against suppliers. ties.
201.83 No waiver of alternative rights or 201.27 Expenditure of marine insurance loss
remedies by A.I.D. payments.
201.84 Limitation on period for making re
fund requests. Subpart Responsibilities of Suppliers
201.85 Waiver and amendment authority. 201.30 Purpose.
201.86 Continuation in effect of certain 201.31 Suppliers of commodities.
prior issuances. 201.32 Suppliers of delivery services.
Appendix A-Supplier's Certificate and 201.33 Prior review of proposed sales.
Agreement with the Agency Subpart E-General Provisions Relating to A.I.D.
for International Develop
ment (A.I.D. 282 (1–1–67)). Financing of Commodities and CommodityRelated Services
Appendix B-Instructions for Notice of Pro
posed Procurement. 201.40 Purpose.
Appendix C-Certificate and Agreement 201.41 Audit and inspection.
With the Agency for Inter201.42 Reexport of A.I.D.-financed commod
national Development Conities.
cerning Commission and 201.43 Diversion clause.
Service Payments Associated 201.44 Vesting in A.I.D. of title to commodi
With Commodity Sales Fities.
nanced With Foreign Assist201.45 Termination or modification of
ance Funds (A.I.D. Form loan, grant, or implementing docu
Appendix D-Certificate and Agreement 201.46 Compensation to supplier if ship
Regarding Concerted Pricing ment is prohibited.
(A.I.D. Form 285). 201.47 Use of marine insurance loss proceeds.
Appendix E-Application for approval of
Commodity Eligibility (A.I.D. Subpart F-Payment and Reimbursement
11 (Temporary 5-1-68)). 201.50 Purpose. 201.51 Methods of financing. 201.52 Required documents.
AUTHORITY: The provisions of this part 201.53 Final date for presentation of docu- 201 issued under sec. 621, 75 Stat. 445; 22 ments.
SOURCE: The provisions of this part 201 201.60 Purpose and applicability of this
containd in A.I.D. Regulation 1, 32 F.R. 7672, subpart.
May 25, 1967, unless otherwise noted.
Subpart A-Definitions and Scope of (1) Delivery services. “Delivery servThis Part
ices” means any service customarily per
formed in a commercial export transac$ 201.01 Definitions.
tion which is necessary to effect a physiAs used in this part, the following cal transfer of commodities from the terms shall have the meanings indicated country of export to the cooperating below:
country. Examples of such services are (a) The Act. “The Act” means the the following: Export packing, local Foreign Assistance Act of 1961, drayage in the source country (including amended from time to time.
waiting time at the dock), ocean and (b) A.I.D. “A.I.D." means the Agency other freight, loading, heavy lift, wharffor International Development or any age, tollage, switching, dumping and successor agency, including, when appli- trimming, lighterage, insurance, comcable, each US AID.
modity inspection services, and services (c) A.I.D. geographic code. "A.I.D. of a freight forwarder. “Delivery servgeographic code” means a code in the ices" may also include work and mateA.I.D. Geographic Code Book which rials necessary to meet A.I.D. marking designates a country, a group of coun- requirements. tries, or an otherwise defined area.
(m) Implementing document. “Im(d) AID/W. “AID/W” means the
plementing document” means any docuA.I.D. in Washington, D.C. 20523, includ
ment issued by A.I.D. which authorizes ing any office thereof.
the use of A.I.D. funds for the procure(e) Approved applicant. “Approved
ment of commodities and/or commodityapplicant” means the person or organi
related services and which specifies conzation designated by the borrower/ ditions which will apply to such prograntee to establish credits with banks
curement. in favor of suppliers or to instruct banks to make payments to suppliers, and in- (n) Importer. “Importer" means any cludes any agent acting on behalf of person or organization, governmental or such approved applicant.
otherwise, in the cooperating country (f) Bank. “Bank” means a banking
who is authorized by the borrower/ institution organized under the laws of
grantee to use A.I.D. funds under this the United States, or any State, terri
Regulation for the procurement of comtory, or possession thereof, or Puerto modities, and includes any borrower/ Rico or the District of Columbia.
grantee who undertakes such procure(g) Borrower/grantee. “Borrower/
ment. grantee” means the government of any
(0) Incidental services. "Incidental cooperating country, or any agency, in
services” means the installation or erecstrumentality or political subdivision tion of A.I.D.-financed equipment, or the thereof, or any private entity to which training of personnel in the mainteA.I.D. directly makes funds available by nance, operation and use of such equiploan or grant.
ment. (h) Commodity. “Commodity” means
(p) Purchase contract. “Purchase conany material, article, supply, goods, or
tract” means any contract or similar equipment.
arrangement under which a supplier fur(i) Commodity-related services. nishes commodities and/or commodity"Commodity-related services” means de- related services financed under this part. livery services and/or incidental services. (q) Source. “Source” means the coun
(j) Cooperating country. “Cooperating try from which a commodity is shipped country” means any country to which to the cooperating country, or the coopA.I.D. provides any form of assistance erating country if the commodity is lounder the Act.
cated therein at the time of the purchase. (k) Delivery. “Delivery” means the Where, however, a commodity is shipped transfer to, or for the account of, an from a free port or bonded warehouse in importer of the right to possession of the form in which received therein, a commodity, or the rendering to, or for "source” means the country from which the account of, an importer of any com- the commodity was shipped to the free modity-related service.
port or bonded warehouse.
(r) Supplier. "Supplier" means any person or organization, governmental or otherwise, who furnishes commodities and/or commodity-related services financed under this part 201.
(s) Supplier's Certificate. “Supplier's Certificate" means AID Form 282, “Supplier's Certificate and Agreement with the Agency for International Development”, including the “Invoice-and-Contract Abstract" on the reverse of such form (Appendix A to this part 201), or any substitute form which may be prescribed in the letter of commitment, request for the opening of a special letter of credit, or other pertinent implementing document.
(t) United States. “United States" means the United States of America, any State, territory or possession thereof, Puerto Rico and the District of Columbia.
(u) US AID. "US AID” means the A.I.D. mission or representative to any cooperating country.
(v) Certificate and Agreement Regarding Concerted Pricing. "Certificate and Agreement Regarding Concerted Pricing” means A.I.D. Form 285 (Appendix D to this part 201).
(w) Certificate Concerning Commissions. “Certificate Concerning Commissions" means the Certificate and Agreement with the Agency for International Development Concerning Commissions and Service Payments Associated with Commodity Sales Financed with Foreign Assistance Funds” (A.I.D. Form 283) which appears as Appendix C to this part.
(x) Commodity Approval Application. “Commodity Approval Application” means the Application for Approval by the Agency for International Development of Commodity Eligibility (A.I.D. Form 11) which appears as Appendix E to this Part 201.
(y) Schedule B. "Schedule B” means "Schedule B, Statistical Classification of Domestic and Foreign Commodities Exported from the United States” issued and amended from time to time by the U.S. Bureau of the Census, Department of Commerce, and published in 15 CFR 30.92. (A.I.D. Reg. 1, 32 F.R. 7672, May 25, 1967, as amended at 33 F.R. 6769, May 3, 1968; 33 F.R. 12139, Aug. 28, 1968]