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APPENDIX A

PROGRAMS AND ACTIVITIES TO WHICH THIS PART

APPLIES

1. Mutual understanding between people of the United States and the people of other countries by educational and cultural exchange studies, research, instruction and other educational activities-cultural exchanges (Mutual Educational and Cultural Exchange Act of 1961–75 Stat. 527–538).

2. Center for Cultural and Technical In

terchange Between East and West-grant to State of Hawaii (Public Law 86_472, 74 Stat. 141).

3. Assistance to or in behalf of refugees designated by the President (Migration and Refugee Assistance Act of 1962–76 Stat. 121124).

4. Donations of certain foreign language tapes and other training material to public and private institutions (Regulations of Administrator of General Services relating to surplus property-41 CFR 101-6.2).

CHAPTER 11-AGENCY FOR INTERNATIONAL
DEVELOPMENT, DEPARTMENT OF STATE

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of this order, shall, to the extent consistent with law, continue in effect except as they may be later modified or superseded.”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 200 201

202 203 205

207

208

Employees responsibilities and conduct.
Rules and procedures applicable to commodity transactions financed by

A.I.D.
Overseas shipments of supplies by voluntary nonprofit relief agencies.
Registration of agencies for voluntary foreign aid.
Per diem payments to participants in nonmilitary economic development

training programs.
Limitation on the employment of third country nationals for construction

work financed from United States foreign assistance funds.
Suppliers of commodities and commodity-related services ineligible for

A.I.D. financing
Non-discrimination in federally-assisted programs of the Agency for Inter-

national Development-effectuation of Title VI of the Civil Rights Act of

1964. 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 develop

ment, and other assistance. Public information. Collection of civil claims by the Agency for International Development.

209

210

211

212 213

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.

Sec. 201.46 Compensation to supplier if ship

ment is prohibited. 201.47 Use of marine insurance loss pro

ceeds. Subpart F-Payment and Reimbursement 201.50 Purpose. 201.51 Methods of financing. 201.52 Required documents. 201.53 Final date for presentation of docu.

ments.

Subpart G-Price Provisions 201.60 Purpose and applicability of this

subpart. 201.61 Meaning of terms in this subpart. 201.62 Responsibilities of borrower/grantee

and of supplier. 201.63 Maximum prices for commodities. 201.64 Application of the price rules to com

modities. 201.65 Commissions, service payments, and

discounts. 201.66 Side payments. 201.67 Maximum freight charges. 201.68 Maximum prices for commodity-re

lated services. 201.69 Commodity price subject to escala-,

tion.

PART 201-RULES AND PROCEDURES

APPLICABLE TO COMMODITY
TRANSACTIONS FINANCED BY

A.I.D. Subpart A-Definitions and Scope of This Part Sec. 201.01 Definitions. 201.02 Scope. Subpart B-Conditions Governing the Eligibility

of Procurement Transactions for A.I.D. Fi

nancing 201.10 Purpose. 201.11 Eligibility of commodities. 201.12 Eligibility of incidental services. 201.13 Eligibility of delivery services. 201.14 Eligibility of bid bonds and perform

ance guaranties. 201.15 U.S.-flag vessel shipping requirement. Subpart C-Procurement Procedures

Responsibilities of Importers 201.20 Purpose. 201.21 Notice to supplier. 201.22 Formal competitive bid procedures. 201.23 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

ties. 201.27 Expenditure of marine insurance loss

payments. Subpart D_Responsibilities of Suppliers 201.30 Purpose. 201.31 Suppliers of commodities. 201.32 Suppliers of delivery services. 201.33 Prior review of proposed sales. Subpart E-General Provisions Relating to A.1.D.

Financing of Commodities and Commodity

Related Services 201.40 Purpose. 201.41 Audit and inspection. 201.42' Reexport of A.I.D.-financed commod

ities. 201.43 Diversion clause. 201.44 Vesting in A.I.D. of title to commod

ities. 201.45 Termination or modification of a

loan, grant, or implementing document.

Subpart H-Rights and Responsibilities of

Banks 201.70 Purpose. 201.71 Terms of letters of credit. 201.72 Making payments. 201.73 Limitations on the responsibilities of

banks. 201.74 Additional documents for A.I.D. 201.75 Termination or modification.

Subpart I-Rights and Remedies of A.I.D.,

Waiver Authority, and Transitory Provisions 201.80 Purpose. 201.81 Rights of A.I.D. against borrower/

grantees. 201.82 Rights of A.I.D. against suppliers. 201.83 No waiver of alternative rights or

remedies by A.I.D. 201.84 Limitation on period for making re

fund requests. 201.85 Waiver and amendment authority. 201.86 Continuation in effect of certain

prior issuances. Appendix A-Supplier's Certificate and

Agreement with the Agency for International Develop

ment (A.I.D. 282 (1-1-67)). Appendix B-Instructions for Notice of Pro

posed Procurement. Appendix C-Certificate and Agreement

With the Agency for International Development Concerning Commission and Service Payments Associated With Commodity Sales Financed With Foreign Assist ance Funds (A.I.D. Form 283).

Sec.

A.I.D. provides any form of assistance Appendix D (Reserved ]

under the Act. Appendix E-Application for Approval of

(k) Delivery. Delivery" means the Commodity Eligibility A.I.D.

transfer to, or for the account of, an 11 (Temporary (5–1-68)).

importer of the right to possession of AUTHORITY: The provisions of this part

a commodity, or the rendering to, or for 201 issued under sec. 621, 75 Stat. 445; 22

the account of, an importer of any comU.S.C. 2402.

modity-related service. SOURCE: The provisions of this part 201 (1) Delivery services. “Delivery servcontained in A.I.D. Regulation 1, 32 F.R. 7672, ices” means any service customarily perMay 25, 1967, unless otherwise noted.

formed in a commercial export transac

tion which is necessary to effect a physiSubpart A-Definitions and Scope of cal transfer of commodities from the This Part

country of export to the cooperating

country. Examples of such services are $ 201.01 Definitions.

the following: Export packing, local As used in this part, the following drayage in the source country (including terms shall have the meanings indicated waiting time at the dock), ocean and below:

other freight, loading, heavy lift, wharf(a) The Act. “The Act” means the age, tollage, switching, dumping and Foreign Assistance Act of 1961, as trimming, lighterage, insurance, comamended from time to time.

modity inspection services, and services (b) A.I.D. “A.I.D." means the Agency of a freight forwarder. “Delivery servfor International Development or any ices" may also include work and matesuccessor agency, including, when appli- rials necessary to meet A.I.D. marking cable, each US AID.

requirements. (c) A.I.D. geographic code. “A.I.D. (m) Implementing document. “Imgeographic code” means a code in the plementing document” means any docuA.I.D. Geographic Code Book which ment issued by A.I.D. which authorizes designates a country, a group of coun

the use of A.I.D. funds for the procuretries, or an otherwise defined area.

ment of commodities and/or commodity(d) AID/W. “AID/Wmeans the related services and which specifies conA.I.D. in Washington, D.C. 20523, includ- ditions which will apply to such proing any office thereof.

curement. (e) Approved applicant. "Approved (n) Importer. "Importer" means any applicant” means the person or organi- person or organization, governmental or zation designated by the borrower/ otherwise, in the cooperating country grantee to establish credits with banks who is authorized by the borrower/ in favor of suppliers or to instruct banks grantee to use A.I.D. funds under this to make payments to suppliers, and in- Regulation for the procurement of comcludes any agent acting on behalf of modities, and includes any borrower/ such approved applicant.

grantee who undertakes such procure(f) Bank "Bank” means a banking ment. institution organized under the laws of (0) Incidental services. "Incidental the United States, or any State, terri- services” means the installation or erectory, or possession thereof, or Puerto tion of A.I.D.-financed equipment, or the Rico or the District of Columbia.

training of personnel in the mainte(g) Borrower/grantee. “Borrower/ nance, operation and use of such equipgrantee” means the government of any

ment. cooperating country, or any agency, in

(p) Purchase contract. “Purchase construmentality or political subdivision tract" means any contract or similar thereof, or any private entity to which arrangement under which a supplier furA.I.D. directly makes funds available by nishes commodities and/or commodityloan or grant.

related services financed under this part. (h) Commodity. “Commodity” means

(q) Source. “Source" means the counany material, article, supply, goods, or

try from which a commodity is shipped equipment.

to the cooperating country, or the coop(i) Commodity-related services. erating country if the commodity is 10“Commodity-related services” means de

cated therein at the time of the purchase. livery services and/or incidental services. Where, however, a commodity is shipped

(j) Cooperating country. Cooperating from a free port or bonded warehouse in country” means any country to which the form in which received therein, "source" means the country from which to the procurement of commodities or the commodity was shipped to the free commodity-related services or both. port or bonded warehouse.

(a) The borrower/grantee is respon(r) Supplier. "Supplier" means any sible for compliance with the applicable person or organization, governmental or provisions of this part by importers otherwise, who furnishes commodities and suppliers and for assuring that imand/or commodity-related services fi- porters and suppliers are informed of the nanced under this Part 201.

extent to which this part applies. (s) Supplier's Certificate. “Supplier's (b) Subpart B sets forth conditions Certificate” means AID Form 282, “Sup- governing the eligibility for A.I.D.-fiplier's Certificate and Agreement with nancing the transactions covering comthe Agency for International Develop- modities and commodity-related seryment”, including the “Invoice-and-Con- ices. tract Abstract” on the reverse of such (c) Subpart C prescribes procedures form (Appendix A to this part 201), or which importers shall follow in purchasany substitute form which may be pre- ing commodities. scribed in the letter of commitment, re- (d) Subpart D sets forth the responsiquest for the opening of a special letter bilities of suppliers. of credit, or other pertinent implement- (e) Subpart E contains provisions reing document.

lating to (t) United States. “United States". (1) The diversion of shipments and means the United States of America, any the vesting in A.I.D. of title to comState, territory or possession thereof, modities. Puerto Rico and the District of Columbia.

(2) The effect of termination or modi(u) US AID. “US AID” means the

fication of any loan, grant or implementA.I.D. mission or representative to any ing document; and cooperating country.

(3) A.I.D. audit and inspection rights. (v) [Reserved]

(f) Subpart F describes the financing (w) Certificate Concerning Commis

process and prescribes the documents sions. “Certificate Concerning Commis- which shall be submitted to banks and to sions” means the Certificate and Agree- A.I.D. ment with the Agency for International

(g) Subpart G contains the price tests Development Concerning Commissions

which shall be met and limitations on and Service Payments Associated with

amounts and types of payments which Commodity Sales Financed with Foreign

A.I.D. will finance. Assistance Funds” (A.I.D. Form 283)

(h) Subpart H defines the rights and which appears as Appendix C to this part.

responsibilities of banks. (x) Commodity Approval Application. (i) Subpart I sets out the rights and "Commodity Approval Applieation" remedies which are reserved to A.I.D. means the Application for Approval by and provides for the waiver under special the Agency for International Develop- circumstances of the provisions of this ment of Commodity Eligibility (A.I.D. part. The subpart also contains necesForm 11) which appears as Appendix E sary transitory provisions. to this part 201.

(j) Unless otherwise indicated, refer(y) Schedule B. "Schedule B” means

ences in this part to subparts or to sec“Schedule B, Statistical Classification of

tions relate to subparts or sections of

this Part 201. Domestic and Foreign Commodities Exported from the United States” issued Subpart B-Conditions Governing the and amended from time to time by the Eligibility of Procurement TransacU.S. Bureau of the Census, Department tions for A.I.D. Financing of Commerce, and published in 15 CFR

$ 201.10 Purpose. 30.92. (A.I.D. Reg. 1, 32 F.R. 7672, May 25, 1967, as

This subpart sets forth requirements amended at 33 F.R. 6769, May 3, 1968; 33 F.R. for A.I.D. financing applicable to trans12139, Aug. 28, 1968; 34 F.R. 9418, June 17, actions for the procurement of commodi1969]

ties and/or commodity-related services. 201.02 Scope.

§ 201.11 Eligibility of commodities. The appropriate implementing docu- To qualify for A.I.D. financing, a comment will indicate whether and the ex- modity procurement transaction shall tent to which this part shall apply satisfy the following requirements:

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