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§ 203.9 Saving clause. The Director of the International Cooperation Administration may waive, withdraw, or amend from time to time any or all of the provisions of the regulations in this part.

Part 204—Guaranties Under the

Mutual Security Act of 1954 Sec. 204.1 Definitions. 204.2 Scope of this part. 204.3 Application for guaranties and place

of filing. 204.4 Designation of Export-Import Bank

of Washington as agent. 204.5 Effect of making investment prior to

issuance of guaranty. 204.6 Saving clause. 204.7 Transitory provision.

AUTHORITY: $ $ 204.1 to 204.7 issued under sec. 413, 68 Stat. 846, as amended; 22 U. S. C. 1933.

SOURCE: $8 204.1 to 204.7 appear at 22 F. R. 8470, Oct. 26, 1957.

$ 204,1 Definitions. (a) The "act” means the Mutual Security Act of 1954, Public Law 665, 83d Congress.

(b) “ICA" means the International Cooperation Administration.

(c) "Director" means the Director of the International Cooperation Administration.

(d) “ICA guaranties" means guaranties of investments pursuant to section 413 (b) (4) of the act (other than guaranties of investments in enterprises producing or distributing informational media).

§ 204.2 Scope of this part. This part covers ICA guaranties, which may be made in accordance with this part in furtherance of the purposes of the act and to encourage and facilitate participation by private enterprise in achieving such purposes.

§ 204.3 Applications for guaranties and place of filing. Applications for ICA guaranties should be made in writing to the Investment Guaranties Branch, ICA, Washington 25, D. C. There is no prescribed form of application, but published information on current policies of the guaranty program, including the contents of applications, may be obtained on request from ICA. Each applicant will be notified in writing

when his application has been found to be complete and is accepted for processing.

$ 204.4 Designation of Export-Import Bank of Washington as agent. Export-Import Bank of Washington is hereby designated by the Director as his agent, upon such terms as may be specified by the Director, to issue in its name, and to administer, ICA guaranties.

$ 204.5 Effect of making investment prior to issuance of guaranty. The purpose of the guaranty provisions of the act is to stimulate private investment from the United States which contributes to the objectives of the act. Ordinarily this purpose is not served by issuing a guaranty on an investment which has already been made. Accordingly, the making of an investment by an applicant prior to the issuance of a guaranty covering such investment shall be grounds on which the application may be denied. However, after an application has been filed and accepted as complete, the investor may obtain a statement in writing from ICA which will permit him to proceed with the investment without prejudice to the application on the above grounds.

$ 204.6 Saving clause. The Director may waive, withdraw, or amend at any time or from time to time any or all of the provisions of this part.

$ 204.7 Transitory provision. Guaranties and statements provided for in the last sentence of $ 204.5 previously issued under authority of section 111 (b) (3) of the Economic Cooperation Act of 1948, as amended, and section 520 of the Mutual Security Act of 1951, as amended, and pursuant to ECA Regulation 4 issued by the Economic Cooperation Administration, as amended, or MSA Regulation 4 issued by the Mutual Security Agency, as amended, and FOA Regulation 4 issued by the Foreign Operations Administration, are reaffirmed and will continue in effect subject to the terms and conditions thereof.

Part 205—Per Diem Payments

to Participants in Nonmilitary Mutual Security Training Programs $ 205.1 Per diem rates. Participants in any training program under the

Mutual Security Act of 1954, as amended, other than Chapter 1 of Title I, may receive a per diem allowance in accordance with the following rates:

(a) For participants in programs of training in the United States, a per diem allowance not to exceed $12, or, in exceptional circumstances, such other rate, not to exceed $17, as the Director of the In

ternational Cooperation Administration or his designee may prescribe;

(b) For participants in programs of training in countries other than the continental United States, a per diem allowance not to exceed those prescribed by the Standardized Government Travel Regulations. (Sec. 521, 68 Stat. 855, as amended; 22 U. S. C. 1781) (22 F. R. 8470, Oct. 26, 1957]

CHAPTER IV–INTERNATIONAL JOINT COMMISSION

UNITED STATES AND CANADA

Part 401-Rules of Procedure Sec. 401.1 Definitions. 401.2 Meetings. 401.3 Chairmen. 401.4 Permanent ofices. 401.5 Duties of secretaries. 401.6 Applications. 401.7 Number of application copies. 401.8 Approval of Governments. 401.9 Notice and publication. 401.10 Statement in response to applica

tion. 401.11 Statement in reply. 401.12 Supplemental applications and state

ments. 401.13 Interested private parties. 401.14 Preliminary hearing. 401.15 Preliminary communication with

parties. 401.16 Production and inspection of docu

ments. 401.17 Subpenas. 401.18 Compelling attendance of witnesses,

etc. 401.19 Depositions. 401.20 Final hearings. 401.21 Printing of briefs and records. 401.22 Majority may conduct hearings. 401.23 Amendments. 401.24 Service of process. 401.25 Expenses of proceedings. 401.26 Submission to Governments. 401.27 General rule. 401.28 Proceedings under Articles LX and X.

AUTHORITY: $$ 401.1 to 401.28 issued under Art. XII, 36 Stat. 2453.

SOURCE: $$ 401.1 to 401.28 contained in Rules of Procedure, International Joint Commission, Feb. 2, 1912, except as otherwise noted. Redesignated at 17 F. R. 8116, Sept. 9, 1952.

$ 401.1 Definitions. In the construction of the rules in this part and the forms herein referred to (unless the context otherwise requires) words importing

the singular number shall include the plural, and words importing the plural number shall include the singular; the term “party" or "parties" shall include Governments and also persons permitted by the rules in this part to take part in any proceedings before the Commission; the word "person” shall include individual, partnership, or corporation, and “oath" shall include affirmation.

$ 401.2 Meetings. Regular sessions of the Commission shall be held annually at Washington beginning on the first Tuesday of April and at Ottawa beginning on the first Tuesday of October.

Special meetings may be held at such times and places in the United States and the Dominion of Canada as the chairmen of the two sections may determine.

$ 401.3 Chairmen. The commissioners of the United States section of the Commission shall appoint a chairman, to be known as the chairman of the United States section of the International Joint Commission, and he shall act as chairman at all meetings of the Commission held in the United States, and in respect to all matters required to be done in the United States by the chairman of the Commission.

The commissioners of the Canadian section of the Commission shall appoint a chairman, to be known as the chairman of the Canadian section of the International Joint Commission, and he shall act as chairman at all meetings of the Commission held in Canada, and in respect to all matters required to be done in Canada by the chairman of the Commission.

In case it shall be impracticable for the chairman of either section to act in any matter, then the commissioner of such section next in order of appointment shall act in his stead. $ 401.4 Permanent offices.

The permanent offices of the Commission shall be at Washington, in the District of Columbia, and at Ottawa, in the Dominion of Canada, and the secretaries of the United States and Canadian sections of the Commission shall, subject to the order of said respective sections, have full charge and control of said offices, respectively.

§ 401.5 Duties of secretaries. The secretaries shall act as joint secretaries at all sessions or meetings of the Commission, and each shall keep an accurate permanent record of the proceedings and preserve the same in the permanent offices of the Commission. It shall also be the duty of each of them to receive and file all applications and other papers properly presented to the Commission in any proceeding instituted before it, and to number in numerical order all such applications; and the number given an application shall be the file number for all papers and documents connected with such application. Each secretary shall also keep in the permanent office under his control a docket, in which he shall record the title of the application or other proceeding, separately in each case, the date of filing the same, the name and post-office address of the attorneys of record, and a brief statement of the contents, together with proper reference to the files of the original papers referred to in said docket. Each shall forward to the other for filing in the office of the other copies of all letters, documents or other papers received by him or filed in his office, pertaining to any matter before the Commission, to the end that there shall be on file in each office either the original or a copy of all official papers, documents, records and correspondence relating to matters at any time pending before the Commission.

§ 401.6 Applications. In all cases to be submitted to the Commission under Articles III, IV, and VIII of the Treaty the method of bringing such cases to the attention of the Commission and invoking its action shall be as follows:

(a) Where one or the other of the Governments on its own initiative seeks the approval of the Commission for the use, obstruction or diversion of waters

with respect to which under Articles III and IV of the Treaty the approval of the Commission is required, it shall file with the Commission an application setting forth as fully as may be necessary for the information of the Commission the facts upon which the application is based, and the nature of the order of approval desired.

(b) Where any private person seeks the approval of the Commission for the use, obstruction or diversion of such waters, he shall first make written application to the Government within whose jurisdiction the privilege desired is to be exercised, to grant such privilege, and upon such Government, or the proper department thereof, transmitting such application to the Commission, with the request that it take appropriate action thereon, the same shall be filed and be proceeded with by the Commission in the same manner as an application on behalf of one or the other of the Governments. All applications by private persons should conform, as to their contents, to the requirements of paragraph (a) of this section.

§ 401.7 Number of application copies. One duplicate original and 25 copies of the application, supplemental application, statement in response, supplemental statement in response, statement in reply, and supplemental statement in reply shall be filed with each of the secretaries, and there shall be filed with each of the secretaries such drawings, profiles, and plans of survey on tracing linen, and such specifications and maps, as may be necessary to illustrate clearly the matter of the application. (As amended Nov. 11, 1914)

§ 401.8 Approval of Governments. In cases where either of the respective Governments shall have authorized the use, obstruction or diversion of navigable waters, all plans filed as aforesaid shall be accompanied with the approval thereof by the Government or proper department of the Government within whose jurisdiction such waters lie.

$ 401.9 Notice and publication. As soon as practicable after an application is made as provided for in § 401.6, the secretary of the section of the Commission appointed by the other Government shall forthwith send to such Government a notice in writing that the application has been made and a copy thereof.

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