CHAPTER II-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of this order, shall, to the extent consistent with law, continue in effect except as they may be later modified or superseded." Part 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 International 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. Transfer of food commodities for use in disaster relief and economic development, and other assistance. Public information. Collection of civil claims by the Agency for International Development. PART 200-EMPLOYEE RESPONSIBILITIES 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. Other procurement procedures. 201.24 Solicitation of bids and quotations. 201.25 Advance and progress payments for custom-made commodities. 201.26 Bid bonds and performance guaran Meaning of terms in this subpart. Responsibilities of borrower/grantee and of supplier. Maximum prices for commodities. Application of the price rules to commodities. Commissions, service payments, and discounts. Side payments. Maximum freight charges. Maximum prices for commodity-related services. Commodity price subject to escalation. Subpart H-Rights and Responsibilities of Banks 201.70 201.71 201.72 201.73 201.74 201.75 Additional documents for A.I.D. Subpart I-Rights and Remedies of A.I.D., Waiver 201.80 201.81 201.82 201.83 201.84 201.85 201.86 Purpose. Rights of A.I.D. against borrower/ Rights of A.I.D. against suppliers. Limitation on period for making re- Waiver and amendment authority. Continuation in effect of certain prior issuances. Appendix A-Supplier's Certificate and Agreement with the Agency for International Development (A.I.D. 282 (1-1-67)). Appendix B-Instructions for Notice of Proposed Procurement. Appendix C-Certificate and Agreement With the Agency for International Development Concerning Commission and Service Payments Associated With Commodity Sales Financed With Foreign Assistance Funds (A.I.D. Form 283). Appendix D-Certificate and Agreement Regarding Concerted Pricing (A.I.D. Form 285). Appendix E-Application for approval of Commodity Eligibility (A.I.D. 11 (Temporary 5-1-68)). AUTHORITY: The provisions of this Part 201 issued under sec. 621, 75 Stat. 445; 22 U.S.C. 2402. SOURCE: The provisions of this Part 201 containd in A.I.D. Regulation 1, 32 F.R. 7672, May 25, 1967, unless otherwise noted. As used in this part, the following terms shall have the meanings indicated below: (a) The Act. "The Act" means the Foreign Assistance Act of 1961, as amended from time to time. (b) A.I.D. “A.I.D." means the Agency for International Development or any successor agency, including, when applicable, each US AID. (c) A.I.D. geographic code. "A.I.D. geographic code" means a code in the A.I.D. Geographic Code Book which designates a country, a group of countries, or an otherwise defined area. (d) AID/W. "AID/W" means the A.I.D. in Washington, D.C. 20523, including any office thereof. (e) Approved applicant. "Approved applicant" means the person or organization designated by the borrower/ grantee to establish credits with banks in favor of suppliers or to instruct banks to make payments to suppliers, and includes any agent acting on behalf of such approved applicant. (f) Bank. "Bank" means a banking institution organized under the laws of the United States, or any State, territory, or possession thereof, or Puerto Rico or the District of Columbia. (g) Borrower/grantee. "Borrower/ grantee" means the government of any cooperating country, or any agency, instrumentality or political subdivision thereof, or any private entity to which A.I.D. directly makes funds available by loan or grant. (h) Commodity. "Commodity" means any material, article, supply, goods, or equipment. (i) Commodity-related services. "Commodity-related services" means delivery services and/or incidental services. (j) Cooperating country. "Cooperating country" means any country to which A.I.D. provides any form of assistance under the Act. (k) Delivery. "Delivery" means the transfer to, or for the account of, an importer of the right to possession of a commodity, or the rendering to, or for the account of, an importer of any commodity-related service. (1) Delivery services. "Delivery services" means any service customarily performed in a commercial export transaction which is necessary to effect a physical transfer of commodities from the country of export to the cooperating country. Examples of such services are the following: Export packing, local drayage in the source country (including waiting time at the dock), ocean and other freight, loading, heavy lift, wharfage, tollage, switching, dumping and trimming, lighterage, insurance, commodity inspection services, and services of a freight forwarder. "Delivery services" may also include work and materials necessary to meet A.I.D. marking requirements. document. "Im (m) Implementing plementing document" means any document issued by A.I.D. which authorizes the use of A.I.D. funds for the procurement of commodities and/or commodityrelated services and which specifies conditions which will apply to such procurement. (n) Importer. "Importer" means any person or organization, governmental or otherwise, in the cooperating country who is authorized by the borrower/ grantee to use A.I.D. funds under this Regulation for the procurement of commodities, and includes any borrower/ grantee who undertakes such procurement. (0) Incidental services. "Incidental services" means the installation or erection of A.I.D.-financed equipment, or the training of personnel in the maintenance, operation and use of such equipment. (p) Purchase contract. "Purchase contract" means any contract or similar arrangement under which a supplier furnishes commodities and/or commodityrelated services financed under this part. (q) Source. "Source" means the country from which a commodity is shipped to the cooperating country, or the cooperating country if the commodity is located therein at the time of the purchase. Where, however, a commodity is shipped from a free port or bonded warehouse in the form in which received therein, "source" means the country from which the commodity was shipped to the free 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] |