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CHAPTER INTERNATIONAL COOPERATION
Part 201 202 203 204 205
Procedures for furnishing assistance to cooperating countries.
Part 201-Procedures for Furnish
ing Assistance to Cooperating
Countries Sec. 201.1 Definition of terms. 2012 What this part does.
Subpart A-Authorization Procedure 201.3 Non-project type assistance: Allot
ments, procurement authorization applications, procurement author
izations and sub-authorizations. 201.4 Project type assistance: Allotments
for projects, project proposals, project agreements and project
implementation orders. 201.5 Contracts and deliveries eligible for
financing under procurement authorizations and project imple
mentation orders. 201.6 General provisions incorporated in
PAs and PIOS. 201.7 Ocean transportation. 201.8 Ships' dollar disbursements. 201.9 Procurement by U. S. Government
agencies. Subpart B-Responsibilities of Importers and
Suppliers 201.10 Information to be furnished by im
porter to supplier. 201.11 Contracts and deliveries. 201.12 Marking requirements. 201.13 Information for Office of Small Busi
Subpart C-Reimbursement for Assistance Sec. 201.14 Types of reimbursement. 201.15 Reimbursement for specific procure
ment payments by a cooperating
country. 201.16 Letter of commitment to a banking
institution. 201.17 Letter of commitment to a supplier. 201.18 Documents required for reimburse
ment. 201.19 Procurement by United States Gov
Subpart D-Price Provisions 201.20 Purchase in bulk of commodities. 201.21 Purchase prices. Subpart - Responsibilities of Banking
Institutions 201.22 Responsibilities of banking Institu
tions in connection with letters of commitment issued to them.
Subpart F-Waiver Authority and Transitory
Provisions 201.23 Waiver and amendment authority. 201.24 Continuation in effect of certain
prior issuances. 201.25 Transitory provision.
AUTHORITY: $ $201.1 to 201.25 issued under sec. 525, 68 Stat. 856, as amended; 22 U.S. C. 1785. Interpret or apply secs. 131, 132, 201, 302, 504, 509, 510, 522, 68 Stat. 838, as amended, 840, as amended, 841, 851, 853, as amended, 855; 22 U. S. C. 1756, 1761, 1762, 1782, 1841, 1842, 1871, 1892.
SOURCE: $ $201.1 to 201.25 appear at 22 F. R. 8456, Oct. 26, 1957.
§ 201.1 Definition of terms. For the purposes of this part:
(a) “The act" means the Mutual Security Act of 1954 (Pub. Law 665, 83d Cong.), as amended.
(b) "ICA” means the International Cooperation Administration, including, when applicable, each USOM (paragraph (e) of this section).
(c) “The Director" means the Director of the International Cooperation Administration or the Deputy Director or any person authorized to perform the functions of the Director or Deputy Director in respect of this part.
(d) “Cooperating country" means any country in which ICA has a program under the act.
(e) "USOM” means the ICA mission to any cooperating country.
(f) “The Director, USOM” means the head of the ICA mission to any cooperating country or the Deputy Director of any such mission or any person authorized to perform the functions of the Director or Deputy Director, USOM, in respect of this part.
(g) "Banking institution in the United States" means a banking institution organized under the laws of the United States, any State, territory or possession thereof, or the District of Columbia.
(h) “Approved applicant" means the cooperating country or any person or organization, governmental or otherwise, named as approved applicant in any letter of commitment issued to a banking institution in the United States pursuant to Subpart C of this part; and shall include any agent authorized to act on behalf of an approved applicant.
(i) "Reimbursement” means any of the methods set forth in Subpart C of this part used by ICA to pay for any commodity or service furnished to a cooperating country under the act.
(j) "Delivery" means the transfer to or for the account of a cooperating country of custody and right of possession of any commodity or the rendering to or for the account of a cooperating country of any service.
(k) "Importer" means any person or organization, governmental or otherwise, to which a cooperating country has made a subauthorization (see $ 201.3
(d)), or which has been designated as an "authorized agents in a project implementation order (called "PIO” in this part) or subauthorized by any such authorized agent (see § 201.4).
(1) "Supplier" means any person or organization, governmental or otherwise, which furnishes any commodity or service under the act.
(m) "Source" means the country or area from which a commodity is shipped to the cooperating country. Where, however, a commodity is shipped from a free port or bonded warehouse in the form in which received therein, "source" shall mean the country or area from which the commo ity was shipped to the free port or bonded warehouse.
(n) "Commission" means any sum paid or to be paid to an agent, broker, or other representative in connection with a sale financed by ICA.
(0) "Discount" means that amount by which the supplier's gross sales price is reduced by a credit, refund or other allowance made or to be made to the buyer or consignee.
(p) "Project” means a single integrated undertaking or enterprise within a cooperating country, which has been mutually agreed upon by ICA and the cooperating country government and which requires financing by ICA of services and/or commodities specifically needed for the accomplishment of the undertaking or enterprise.
$ 201.2 What this part does—(a) Subpart A. (1) Non-project type assistance. Subpart A of this part describes the procedures for enabling cooperating countries to use ICA funds to get commodities and services under the act. Subpart A is divided into two broad categuries. The first category deals with the authorization procedures for procurement of commodities and services in non-project type assistance programs. In general, it provides for the submission of procurement authorization applications by cooperating countries and the issuance of procurement authorizations (called "PAS" in this part) by ICA and subauthorizations thereunder by cooperating countries.
(2) Project type assistance. The second broad category deals with the authorization procedures for the procurement of commodities and services required for projects. In general, it provides for the development of a project proposal jointly by the cooperating country and the applicable USOM, the execution of a projecí agreement between the cooperating country and ICA, and the issuance of PIOs thereunder. PIOs may be issued for various segments of a project but the only PIOs subject to this part (except where otherwise indicated in the applicable PIOs) are those PIOS which provide for the procurement of those commodities and services covered by the ICA Commodity Code Book.
(b) Subpart B. In general, the fact that a particular purchase is to be paid for by ICA will not basically affect the way in which an importer or supplier does business. Subpart B of this part, however, describes certain things which an importer must do when he has been told that he is buying under the act, and which a supplier must do when he obtains an order that is to be paid with ICA funds.
(c) Subpart C. Subpart of this part describes the procedures for obtaining reimbursement for assistance furnished under the act.
(d) Subpart D. Subpart D of this part contains the price provisions applicable to purchases of commodities that are to be paid with ICA funds.
(e) Subpart E. Subpart E of this part describes the responsibility of banking institutions in the United States in connection with letters of commitment issued to them by the Director.
SUBPART A-AUTHORIZATION PROCEDURE
§ 201.3 Non-project type assistance: Allotments, procurement authorization applications, procurement authorizations and sub-authorizations—(a) Allotments and procurement authorization applications. ICA will from time to time determine an amount of ICA funds to be allotted for various cooperating countries for non-project type assistance, to be available for the purchase of commodities and services. From time to time the cooperating country will indicate on PA applications the dollar and/or local currency amounts of the commodities and services which the cooperating country desires to procure with its allotted funds. Supplementary information with respect to PA applications may be required from time to time.
(b) Procurement authorizations-(1) Issuance and scope of authorization.
ICA will review each PA application to determine that the proposed purchases of commodities and services for delivery to the cooperating country are in accordance with the objectives of the act. Upon such a determination, ICA will, as soon as practicable, issue appropriate PAs for acceptance by the cooperating country. These PAs will cover the commodities and services for the purchase of which the cooperating country may make sub-authorizations to importers, and will specify the maximum dollar and/or local currency amounts which ICA will finance, the source from which the commodities and services (other than ocean transportation) are to be obtained, the periods during which contracts and/ or deliveries are to be made, and any other provisions deemed necessary by ICA. Each PA will bear a PA number, and the issuance of a PA will constitute authority to the cooperating country to sub-authorize its importers to use the procurement authorization number in placing orders for the purchase of the commodities and services specified in the procurement authorization to be delivered to the cooperating country. Cooperating countries may request ICA to make changes in PAS.
(2) PA numbers. PA numbers will indicate the cooperating country to which the authorization is given, the commodity code number, the source from which the commodity or services are to be obtained, and a serial number. An example of a PA number is as follows:
(c) Commodity codes. PA applications will be made in terms of the ICA Commodity Codes which are listed in the official ICA Commodity Code Book, as revised July 1, 1952, or in subsequent revisions. Authorization will normally be made in the same commodity codes, but in certain instances the PA may be restricted to one or more commodities within a commodity code.
(d) Sub-authorizations. For all prvcurement under PAs, the cooperating country will make sub-authorizations to importers within the terms of the PAs. modities and services (other than ocean transportation) are to be obtained, the periods during which contracts and/or deliveries are to be made, and any other provisions deemed necessary by ICA. Each PIO will have a PIO number, and the issuance of a PIO will constitute authority to importers to use the PIO number in placing orders for the purchase of the commodities and services specified in the PIO to be delivered to the project on behalf of the cooperating country. Cooperating countries may request ICA to make changes in any PIO.
(2) PIO numbers. PIO numbers will indicate the applicable cooperating country, the field of activity (e. g., public health, education), the project number, and a serial number. An example of a PIO number is as follows:
The cooperating country, in sub-authorizing, will instruct the importer to use the PA number in placing orders, and will specify to importers the commodities or services, source, applicable currency, periods during which contracts and deliveries must be made, and all of the special provisions of the PA which are applicable to the sub-authorization.
§ 201.4 Project type assistance: Allotments for projects, project proposals, project agreements and project implementation orders-(a) Allotments for projects and project proposals. Apart from the allotments referred to in § 201.3 (a), ICA will from time to time determine an amount of ICA funds to be allotted for project purposes. From time to time project proposals developed jointly by the applicable USOM and the cooperating country will be prepared showing the nature of the project and the dollar and/or local currency amounts of commodities and services needed for the project.
(b) Project agreements and project implementation orders-(1) Issuance and scope of authorization. ICA will review each project proposal to determine that the proposed project and purchases of commodities and services for the project are in accordance with the objectives of the act, and, upon such a determination, ICA will, as soon as practicable, enter into an appropriate project agreement with representatives of the cooperating country. The project agreement will describe the nature of the project, indicate amounts of funds by currency allocated to the project by ICA and the cooperating country, respectively, the duration of the agreement, and such other provisions as may be deemed necessary by ICA. Procurement for the project of commodities and services covered by the ICA Commodity Code Book shall, unless otherwise provided, be made only upon issuance of a PIO and in accordance with the terms of the PIO issued by ICA in Washington, D. C. or the applicable USOM and accepted by the cooperating country representative. With regard to the use of ICA funds, these PIOs will cover the commodities and services to be procured for the project, will designate the importers authorized to purchase such commodities and services therefor, and will specify the maximum dollar and/or local currency amounts which ICA will finance, the source from which the com
(c) Commodity codes. Commodities and services needed for projects will be indicated on project proposals in terms of the ICA Commodity Codes which are listed in the official ICA Commodity Code Book, as revised July 1, 1952, or in subsequent revisions.
$ 201.5 Contracts and deliveries eligible for financing under procurement authorizations and project implementation orders-(a) Commodity and service PAS and PIOs—(1) Contracts-(i) Initial contracting date. Contracts for the purchase of commodities and services will not be eligible for financing under a PA or PIO if made prior to the date of issuance, or in the event that an initial contracting date is specified, if made prior to the specified date.
(ii) Terminal contracting date. PAS and PIOs will indicate, in addition to an initial contracting date, a terminal contracting date. The terminal contracting date will normally be three to six months subsequent to the first day of the month following the month in which the PA or PIO is issued. In making subauthorizations under a PA or PIO the cooperating country or authorized agent, as the case may be, must specify that contracts under the sub-authorizations must be made on or before the terminal