Imagini ale paginilor
PDF
ePub

(e) Interagency or intra-agency mem- Subpart F-Access to Classified Fororandums or letters which would not be

eign Policy Records for Nonofficial available by law to a private party in

Research Purposes litigation with the Agency; (f) Personnel and medical files and $ 212.51

General policy. similar files the disclosure of which

(a) In accordance with the policy of would constitute a clearly unwarranted

the Department of State, the Agency for invasion of personal privacy;

International Development permits ac(g) Investigatory files compiled for

cess to its classified foreign policy reclaw enforcement purposes except to the

ords by individuals engaged in private extent available by law to a private

research as liberally as possible, conparty;

sistent with the national interest, the (h) Contained in or related to exami

maintenance of friendly relations with nation, operating, or condition reports

other nations, the efficient operation of prepared by, on behalf of, or for the use

the agency, and the administrative feasiof any agency responsible for the regula

bility of servicing requests for access to tion or supervision of financial institu

such records. tions; and

(b) Access for research in the classi(i) Geological and geophysical infor

fied foreign policy records in A.I.D.'s mation and data (including maps) con

custody will be governed by the regulacerning wells.

tions of the Department of State in respect thereto. Application for such access may be made to the Director, Informa

tion Staff, Agency for International De8 212.42 Guidance in application of ex

velopment, 21st and Virginia Avenue emptions.

NW., Washington, D.C. 20523. The DirecAny officer or employee of the Agency tor, Information Staff, in consultation who has doubts concerning the applica- with the Director, Historical Office, Debility of the withholding exemptions set partment of State, will determine the forth in § 212.41 shall consult the Di- action to be taken and advise the rerector, Information Staff, prior to re- searcher. The regulations of the Delease of a record for which access has partment are in § 6.9 of Part 6, Chapter been requested from a member of the 1, of Title 22 of the Code of Federal public.

Regulations.

1

PART 213—COLLECTION OF CIVIL (1) Loans and sales for which collecCLAIMS BY THE AGENCY FOR

tion and compromise authority is conINTERNATIONAL DEVELOPMENT

ferred by section 635(g) (2) of the For

eign Assistance Act of 1961, as amended; Subpart A-General Collection Standards (2) Investment guaranty operations Sec.

for which settlement and arbitration au213.1 Applicability of prescribed standards. thority is conferred by section 635(i) of 213.2 Exceptions to applicability.

the Foreign Assistance Act of 1961, as 213.3 Omission not a defense.

amended. 213.4 Subdivision and joining of claims.

(b) The prescribed standards are 213.5 Fraudulent claims.

not applicable to claims against any Subpart B-Administrative Collection of Claims foreign country or any political sub

division thereof, or any international 213.11 Prescribed standards. 213.12 Interest.

organization.

(c) The prescribed standards are not Subpart C—Compromise of Claims

applicable in any instance where the 213.21 Prescribed standards.

Administrator of A.I.D. or his designee

determines that the achievement of the Subpart D-Suspension or Termination of

purposes of the Foreign Assistance Act Collection Action

of 1961, as amended, or any other Act 213.31 Prescribed standards.

in whole or in part administered by Subpart — Referral to the General Accounting

A.I.D. requires a different course of Office or to the Department of Justice

action. 213.41 Prescribed standards.

§ 213.3 Omission not a defense. AUTHORITY: The provisions of this part Failure by the A.I.D. to comply with 213 issued under sec. 621, 75 Stat. 445, sec. 3,

any of the provisions of the prescribed 80 Stat. 308; 22 U.S.C. 2402, 31 U.S.C. 952;

standards or of the provisions of this 4 CFR, Ch. II.

part shall not be available as a defense SOURCE: The provisions of this Part 213

to any debtor. contained in A.I.D. Regulation 13, 33 F.R. 6811, May 4, 1968, unless otherwise noted. § 213.4 Subdivision and joining of

claims. Subpart A-General Collection

(a) A debtor's liability arising from a Standards

particular transaction or contract (for

example, each individual Supplier's § 213.1 Applicability of prescribed

Certificate and Agreement with A.I.D.standards.

Form 282) shall be considered as a single The Joint Regulations of the Attorney claim in determining whether the claim General and the Comptroller General set is one not exceeding $20,000 exclusive of forth in Chapter II of Title 4 of the Code interest for the purpose of compromise of Federal Regulations prescribe stand- or termination of collection action. Such ards for the administrative collection, a claim may not be subdivided to avoid compromise, termination, or suspension the monetary ceiling established by the of agency collection action, and referral Federal Claims Collection Act of 1966. to the General Accounting Office and to (b) The joining of two or more single the Department of Justice for litigation, claims in a demand upon a debtor for a of civil claims by the Federal Govern- payment exceeding $20,000 does not prement for money or property. Except as clude compromise or termination of set forth in this part, these standards collection action with respect to any one (prescribed standards) shall be applied of such claims which does not exceed this by the Agency for International Develop- amount exclusive of interest. ment (hereinafter designated as A.I.D.)

§ 213.5 Fraudulent claims. with respect to its claims for money or property.

Any claim as to which there is an

indication of fraud, the presentation of $ 213.2 Exceptions to applicability.

a false claim, or misrepresentation on (a) The prescribed standards are not the part of the debtor or any other party applicable to claims arising as a result having an interest in the claim shall be of:

handled as set forth in 4 CFR 101.3.

Subpart B-Administrative Collection

of Claims § 213.11 Prescribed standards.

The prescribed standards applicable to the administrative collection of claims are set forth in 4 CFR Part 102. $ 213.12 Interest.

Under 4 CFR 102.10, A.I.D. may forego the collection of prejudgment interest as an inducement to voluntary payment in cases where such interest is not mandated by statute, contract, or regulation. However, in cases where the debt arises from an overpayment, prejudgment interest shall be collected from the date of such overpayment if the amount involved and the length of time during which the debtor had use of A.I.D. funds warrant such action. Subpart C—Compromise of Claims § 213.21 Prescribed standards.

The prescribed standards applicable to compromise of claims are set forth in 4 CFR Part 103. These standards apply to the compromise of any claim which does not exceed $20,000 exclusive of interest. Subpart D-Suspension or Termina

tion of Collection Action § 213.31 Applicability.

The prescribed standards applicable to suspension or termination of collection action are set forth in 4 CFR Part 104. These standards apply to any claim which does not exceed $20,000 exclusive of interest. Subpart EReferrals to the General

Accounting Office or to the De

partment of Justice § 213.41 Prescribed standards.

The prescribed standards applicable to referrals of claims to the General Accounting Office or to the Department of Justice for litigation are set forth in 4 CFR Part 105. Claims shall be referred to the General Accounting Office or to the Department of Justice, as appropriate.

CHAPTER III-PEACE CORPS

Part 301 302 303

Ethical conduct and responsibilities of Peace Corps employees.
Organization.
Availability of records of the Peace Corps.

[merged small][ocr errors][merged small]

PART 301-ETHICAL CONDUCT AND (d) As used in this part, the term

RESPONSIBILITIES OF PEACE CORPS “special Government employee” means
EMPLOYEES

a person appointed or employed to per

form temporary duties for the Peace Sec.

Corps with or without compensation, on 301.735-1 Introduction.

a full-time or intermittent basis, for not 301.735-2 General standards of conduct. to exceed 130 days during any period of 301.735-3 Conflict of interest,

365 days. The term “regular Government 301.735-4 Political activities.

employee" means any officer or employee 301.735-5 Gifts. 301.735-6 Outside employment and

of the Peace Corps other than a specia)

activities.

Government employee. 301.735–7 Financial interests.

$ 301.735–2 General standards of con301.735-8 Use of Government property.

duct. 301.735-9 Information. 301.735-10 Discrimination.

(a) As provided by the President in 301.735-11 Indebtedness.

Executive Order No. 11222, whether or 301.735–12 Gambling, betting, and lotteries. not specifically prohibited by law or in 301.735-13 Related statutes and regulations. the regulations in this part, no U.S. 301.735–14 Employees required to submit regular and special Government employstatements of

employment

ees shall take any action which might and financial interests.

result in, or create the appearance of: AUTHORITY: The provisions of this Part 301 (1) Using public office or employment issued under E.O. 11222; 3 CFR, 1964-1965

for private gain, whether for themselves Comp.; 5 CFR 735.104.

or for another person, particularly one SOURCE: The provisions of this Part 301 with whom they have family, business, appear at 33 F.R. 4776, Mar. 20, 1968, unless

or financial ties. otherwise noted.

(2) Giving preferential treatment to § 301.735-1 Introduction.

any person.

(3) Impeding Government efficiency (a) Four years ago, in issuing Peace

or economy. Corps Standards of Employee Conduct,

(4) Losing complete independence or Sargent Shriver said:

impartiality. Following the letter of the law or staying (5) Making a Government decision within the shadow of ethical phrases will outside official channels. not suffice. Our undivided loyalty is owed to

(6) Affecting adversely the confidence our Government. We will be judged by both

of the public in the integrity of the Govfact and appearance. There is no place on the Peace Corps' team for those who cannot

ernment. live comfortably with this high standard.

(7) Using Government office or em

ployment to coerce a person to provide (b) In Executive Order No. 11222, the financial benefit to themselves or to other President recently directed the Civil

persons, particularly ones with whom Service Commission to require each

they have family, business, or financial agency head to review and reissue his

ties. agency's regulations regarding the ethi- (b) Moreover, no regular or special cal conduct and other responsibilities of

employee may engage in criminal, inall its employees. One of the main pur- famous, dishonest, immoral, or notoriposes of the regulations in this part is

ously disgraceful conduct, or other conto encourage individuals faced with ques- duct prejudicial to the Government. tions involving subjective judgment to seek counsel and guidance. The General

§ 301.735-3 Conflict of interest. Counsel is designated to be the counselor (a) Regular Government employees. for the Peace Corps with respect to these A regular employee of the Government matters. He and the Deputy General is in general subject to the following Counsel will give authoritative advice major criminal prohibitions: and guidance in this area to any Peace (1) He may not, except in the disCorps employee who seeks it.

charge of his official duties, represent (c) Any violation of the regulations in anyone else before a court or Governthis part may be cause for disciplinary ment agency in a matter in which the action. Violation of those provisions of United States is a party or has an inthe regulations in this part which reflect terest. This prohibition applies both to legal prohibitions may also entail penal- paid and unpaid representation of ties provided by law.

another.

« ÎnapoiContinuați »