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Chapter IV-International Joint Commission

§ 401.18

The secretaries shall also, as soon as practicable after the application is made, cause to be published for 3 successive weeks in the Canada Gazette, and in two weekly newspapers, published one on each side of the international boundary line nearest the locality in which the use, obstruction, or diversion of waters is proposed to be made, a notice that the application has been made, and of the nature and locality of the proposed use, obstruction or diversion, and that all persons interested therein are entitled to be heard with respect thereto before the Commission.

$ 401.10 Statement in response to application. Within 30 days after the filing of any such application, or within such further time as the Commission or the chairmen may determine, the other Government, and, with the consent of either Government, any private person interested, may file a statement with the Commission setting forth any fact or facts bearing on the subject-matter of the application and tending to defeat or modify the order of approval sought, or to require that the same be granted on condition, and setting forth whether the order of approval is opposed in whole or in part, and if it be desired that the approval be on condition, setting forth the particular condition or conditions upon which it is thought the order of approval should be granted. (As amended Apr. 7, 1915)

$ 401.11 Statement in reply. Immediately after such statement or statements are filed the secretary shall send a copy of the same to the Government which shall have made the application or shall have filed the application on behalf of private persons, and the said Government or the private persons on whose behalf the application shall have been filed, one or both, may, within 30 days, file a statement or statements in reply, and the issues to be determined by the Commission shall be gathered from the application, statement or statements and reply statement or statements.

§ 401.12 Supplemental applications and statements. If it shall appear to the Commission that either the application, the statement, or the reply statement is not sufficiently full, definite and complete to enable the Commission to proceed intelligently, the Commission may require a more full, definite and complete application or statement or reply statement, as the case may be, to be filed.

§ 401.13 Interested private parties. Any person interested in the subject matter of the application, whether for or against, is entitled to be heard by counsel at the final hearing, and may, through counsel, with the consent of his Government, conduct or assist in conducting all proceedings in the case subsequent to the application.

§ 401.14 Preliminary hearing. If 10 appears to the Commission at any time before the hearing of the application that it would be advantageous to hold a preliminary meeting for the purpose of fixing or altering the plan of hearing. determining the mode of conducting the inquiry, the admitting of certain facts, or the proof of them by affidavit, or for any other purpose, the Commission may hold such meeting upon such notice to the parties as it deems sufficient, and may thereupon make such orders as it may deem expedient.

$ 401.15 Preliminary communication with parties. The Commission may, if it thinks fit, instead of holding the preliminary meeting provided in $ 401.14, communicate with the parties direct, and may require answers to such inquiries as it may consider necessary.

$ 401.16 Production and inspection of documents. Either party shall be entitled, at any time, before or at the hearing of the case, to give notice in writing to the party in whose application or statement or reply statement reference is made to any document, map, plan, or profile, to produce it for the inspection of the party giving such notice or his attorney or solicitor, and to permit him to take copies thereof; and any party not complying with such notice shall not afterwards be at liberty to put the same in evidence on his behalf in such proceedings, unless he satisfy the Commission that he had sufficient cause for not complying with such notice.

$ 401.17 Subpenas. Subpenas for the attendance and examination of witnesses and notice for the production and inspection of documents may be issued in the first instance under the signature of the secretary of the section of the country in which the witnesses reside.

$ 401.18 Compelling attendance of witnesses, etc. All applications for subpena or other process to compel the attendance of witnesses, or the production of books, papers, and documents before the Commission or the examiner, shall be made to the proper courts of either country, as the case may be, upon the order of the Commission or by the chairman of the section of the Commission of the country in which the witnesses reside or the books, papers, or documents may be, or by the examiner appointed under $ 401.19.

$ 401.19 Depositions. On application to the secretary of the section of the Commission in the country where depositions are proposed to be taken, any party may have a commission to take the depositions of witnesses, the commission to be signed by the secretary, to designate the name of the examiner before whom depositions will be taken, and the time and place of taking, but need not designate the names of witnesses to be examined, and the secretary shall specify in the commission the length of notice to be given, in all cases requiring what he may deem ample time to enable the parties to be present. The examiner, who shall in all cases be an official having power in his own country to administer oaths, may issue subpenas for witnesses to be examined before him. The testimony of all witnesses shall be taken under oath or affirmation and the parties shall be entitled to attend and examine and cross-examine. The testimony so taken shall be confined to the subject matter in question, and any objection to the admission of evidence shall be noted by the examiner and dealt with by the Commission at the hearing. The examination shall take place within 60 days after the time provided in § 401.11 for the filing of the reply statement. All examinations or depositions taken in pursuance of this section shall be returned to the secretary who issued the commission, and the depositions certified under the hand of the examiner, without further proof, be used in evidence, saving all just exceptions. The examiner at the time and place appointed in the commission can take the depositions of witnesses offered by any party.

$ 401.20 Final hearings. The final hearings on applications shall be had at times and places to be fixed by the chairmen of the two sections not less than 30 days after the time provided for filling the reply statement, and the Commission will then hear oral and documentary evidence and evidence which may have been taken by the parties by deposition.

The Commission may require further evidence to be given, either viva voce or by deposition taken before an examiner.

The Commission may decide how many counsel are to be heard and what interests may be united for the purpose of the hearing.

The Commission may, in any case, require printed briefs or factums to be submitted by the parties.

The hearing of the case, when once commenced, shall proceed, so far as in the judgment of the Commission may be practicable, from day to day. (As amended Apr. 7, 1915)

§ 401.21 Printing of briefs and records. All briefs, factums, pleadings, and documents printed for the use of the Commission must be in such form and size, with ample margin, that they can be conveniently bound together so as to make an ordinary octavo volume; and, as well as all quotations contained therein, and the covers thereof, must be printed in clear type (never smaller than pica) and on unglazed paper.

§ 401.22 Majority may conduct hearings. A majority of the Commission may conduct hearings or other proceedings regularly before it and may take and receive testimony and hear arguments thereon, but less than the whole number of the Commission shall not proceed to finally consider and determine any matter, proceeding, or question which the Treaty creating the Commission, either in terms or by implication, requires or makes it the duty of the Commission to decide.

$ 401.23 Amendments. Amendments of applications and statements may be allowed by the Commission where substantial justice requires it, and the time for the filing of any paper or the doing of any act by the rules in this part required may be extended in the like case.

§ 401.24 Service of process. Service of any subpena, process, notice, or other document which must be served under the present rules in this part, shall be by delivering a copy thereof to the person named therein, or by leaving the same at the dwelling house or usual place of abode or usual place of business of such person with some adult person who is a member of or resident in his family or with an employee in such place of business. Such service may be made by any literate person, who shall make return thereof under oath to the secretary from whom such subpena, process, notice, or other document shall have been received, and such return shall state the time and place of such service.

$ 401.25 Expenses of proceedings. All expenses incident to the prosecution of any proceedings before the Commission upon applications presented under § 401.6 (b) shall be paid by the party on whose behalf or at whose request such cost or expense is incurred, except as otherwise ordered by the Commission. (As amended, Apr. 6, 1926]

§ 401.26 Submission to Governments. When in the opinion of the Commission it is desirable that a decision should be rendered which affects navigable waters in a manner or to an extent different from that contemplated by the application and plans, the Commission will, before making a final decision, submit to

the Government transmitting the application a draft of the decision, and such Government may file with the Commission a brief or memorandum thereon which will receive due consideration by the Commission before its decision is made final.

§ 401.27 General rule. The Commission may, in the course of the proceedings, make any order which it deems expedient and necessary to meet the ends of justice and to effectually carry out the true intent and meaning of the Treaty.

$ 401.28 Proceedings under Articles IX and X. The rules in this part, as far as applicable, shall apply to proceedings in all cases referred or submitted under Articles IX and X.

1 Treaty between United States and Great Britain, Jan. 11, 1909, 36 Stat. 2452, 2453.

CHAPTER V-UNITED STATES INFORMATION

AGENCY

Part 501

502

Informational media guaranties under the Economic Cooperation Act of

1948, as amended. Certain measures to facilitate the circulation abroad of American-made

visual and auditory educational materials. Federal Tort Claims procedure.

511

Part 501—Informational Media

Guaranties Under the Economic Cooperation Act of

1948, as Amended Sec. 501.1 Scope of this part. 501.2 Applications for guaranties and place

of filing. 501.3 Delegation of authority. 501.4 Fees for guaranties. 501.5 Designation of Export-Import Bank

of Washington as fiscal agent. 501.6 Saving clause.

AUTHORITY: $ $ 501.1 to 501.6 issued under sec. 104, 62 Stat. 138, as amended; 22 U. 8. C. 1503, E. O. 10300, 16 F. R. 11203, 3 CFR, 1951 Supp., E. O. 10368, 17 F. R. 5929, 3 CFR, 1962 Supp., E. O. 10476, 18 F. R. 4537, 3 CFR, 1953 Supp.

SOURCE: $ $ 501.1 to 501.6 appear at 18 F. R. 7655, Dec. 2, 1953.

$ 501.1 Scope of this part. This part shall cover Informational Media Guaranties.

$ 501.2 Applications for guaranties and place of filing. Applications for Informational Media Guaranties should be made in writing to the Informational Media Guaranty Branch, Information Center Service, United States Information Agency, Washington 25, D. C. There is no prescribed form of application, but published information on current poli

cies of the Informational Media Guaranty Program, including the contents of applications, may be obtained on request from the United States Information Agency at the address indicated. Each applicant will be notified in writing when his application has been found to be complete and is accepted for processing.

$ 501.3 Delegation of authority. Delegation of Authority No. 2A, signed by the Director, United States Information Agency, dated September 3, 1953, delegated to the Chief, Information Center Service, United States Information Agency, authority to (a) make informational media guaranties and (b) administer such guaranties made prior to August 1, 1953.

$ 501.4 Fees for guaranties. The recipient of a guaranty shall pay to the United States Information Agency or its duly authorized representative, annually in advance, a fee of not to exceed 1 percent per annum of the face amount of such guaranty.

$ 501.5 Designation of Export-Import Bank of Washington as fiscal agent. Export-Import Bank of Washington is hereby designated by the United States Information Agency as its fiscal agent, upon such terms as specified by the Agency, in administering Informational Media Guaranties.

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