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he is a person, the Government which
mitting or proof of certain facts or for transmitted the application on his be- any other purpose. half, one or both may present a state
§ 401.22 Attendance of witnesses and ment or statements in reply to the Com
production of documents. mission within thirty days after the time provided for presenting statements in (a) Requests for the attendance and response. A statement in reply shall set examination of witnesses and for the forth facts and arguments bearing upon production and inspection of books, the allegations and arguments contained papers and documents may be issued over in the statements in response.
the signature of the secretary of the sec(b) When a statement in reply has tion of the Commission of the country in been filed, the secretary shall send a copy which the witnesses reside or the books, forthwith to each Government except the papers or documents may be, when so Government which presented the said authorized by the Chairman of that secstatement in reply, and to all persons tion. who presented statements in response. (b) All applications for subpoena or $ 401.18 Supplemental or amended ap
other process to compel the attendance plications and statements.
of witnesses or the production of books,
papers and documents before the Com(a) If it appears to the Commission
mission shall be made to the proper that either an application, a statement in courts of either country, as the case may response or a statement in reply is not
be, upon the order of the Commission. sufficiently definite and complete, the Commission may require a more definite and complete application, statement in § 401.23 Hearings. response or statement in reply, as the
(a) The time and place of the hearing case may be, to be presented. (b) Where substantial justice requires
or hearings of an application shall be
fixed by the Chairmen of the two sections. it, the Commission with the concurrence
(b) The secretaries shall forthwith of at least four Commissioners may allow the amendment of any application,
give written notice of the time and place statement in response, statement in reply
of the hearing or hearings to the appli
cant, the Governments and all persons and any document or exhibit which has
who have presented statements in rebeen presented to the Commission.
sponse to the Commission. Except as § 401.19 Reducing or extending time otherwise provided by the Commission, and dispensing with statements.
the secretaries shall also cause such noIn any case where the Commission
tice to be published in the Canada considers that such action would be in the
Gazette and the FEDERAL REGISTER and public interest and not prejudicial to the
once each week for three successive weeks right of interested persons to be heard
in two newspapers, published one in each in accordance with Article XII of the
country and circulated in or near the Treaty, the Commission may reduce or
localities which, in the opinion of the extend the time for the presentation of
Commission, are most likely to be afany paper or the doing of any act re
fected by the proposed use, obstruction quired by these rules or may dispense
or diversion of water. with the presentation of statements in
(c) All hearings shall be open to the response and statements in reply.
(d) The applicant, the Governments § 401.20 Interested persons and counsel.
and persons interested are entitled to Governments and persons interested in present oral and documentary evidence the subject matter of an application, and argument that is relevant and mawhether in favour of or opposed to it, terial to any issue that is before the are entitled to be heard in person or by Commission in connection with the counsel at any hearing thereof held by application. the Commission.
(e) The presiding chairman may re
quire that evidence to be under oath. § 401.21 Consultation.
(f) Witnesses may be examined and The Commission may meet or consult cross-examined by the Commissioners with the applicant, the Governments and and by counsel for the applicant, the other persons or their counsel at any Governments and the Commission. time regarding the plan of hearing, the With the consent of the presiding chairmode of conducting the inquiry, the ad- man, counsel for a person other than the
applicant may also examine or cross- sion and invoking its action ordinarily examine witnesses.
will be as set forth in this section. (g) The Commission may require fur- (b) Where both Governments have ther evidence to be given and may re- agreed to refer such a question or matter quire printed briefs to be submitted at to the Commission, each Government or subsequent to the hearing.
will present to the Commission, at the (h) The Commissioners shall be free permanent office in its country, a referto determine the probative value of the ence in similar or identical terms setting evidence submitted to it.
forth as fully as may be necessary for (i) A verbatim transcript of the pro- the information of the Commission the ceedings at the hearing shall be prepared. question or matter which it is to exam
(j) The hearing of the application, ine into and report upon and any rewhen once begun, shall proceed at the strictions or exceptions which may be times and places determined by the imposed upon the Commission with reChairmen of the two sections to ensure spect thereto. the greatest practicable continuity and (c) Where one of the Governments, dispatch of proceedings.
on its own initiative, has decided to $ 401.24 Expenses of proceedings.
refer such a question or matter to the
Commission, it will present a reference (a) The expenses of those participat- to the Commission at the permanent ing in any proceeding under this Subpart office in its country. All such references B shall be borne by the participants. should conform, as to their contents, to
(b) The Commission, after due notice the requirements of paragraph (b) of to the participant or participants con- this section. cerned, may require that any unusual (d) Such drawings, plans of survey cost or expense to the Commission shall and maps as may be necessary to illusbe paid by the person on whose behalf strate clearly the question or matter or at whose request such unusual cost or referred should accompany the referexpense has been or will be incurred.
ence when it is presented to the Com$ 401.25 Government brief regarding
mission. navigable waters.
§ 401.27 Notice and publication. When in the opinion of the Commission it is desirable that a decision should
(a) The secretary to whom a refer
ence is presented shall receive and file be rendered which affects navigable
the same and shall send a copy forthwaters in a manner or to an extent dif
with to the other secretary for filing in ferent from that contemplated by the
the office of the latter. If the reference application and plans presented to the
is presented by one Government only, Commission, the Commission will, be
the other secretary shall send a copy fore making a final decision, submit to
forthwith to his Government. the Government presenting or trans
(b) Subject to any restrictions or exmitting the application a draft of the
ceptions which may be imposed upon decision, and such Government may
the Commission by the terms of the transmit to the Commission a brief or
reference, and unless otherwise provided memorandum thereon which will receive
by the Commission, the secretaries, as due consideration by the Commission
soon as practicable after the reference before its decision is made final.
is received, shall cause a notice to be pubSubpart C— References
lished in the Canada Gazette, the FED
ERAL REGISTER and in two newspapers, $ 401.26 Presentation to Commission.
published one in each country and cir(a) Where a question or matter of dif- culated in or near the localities which, ference arising between the two Govern- in the opinion of the Commission, are ments involving the rights, obligations, most likely to be interested in the subject or interests of either in relation to the matter of the reference. The notice shall other or to the inhabitants of the other describe the subject matter of the refalong the common frontier between the erence in general terms, invite interested United States of America and Canada persons to inform the Commission of is to be referred to the Commission the nature of their interest and state under Article IX of the Treaty, the
that the Commission will provide conmethod of bringing such question or venient opportunity for interested permatter to the attention of the Commis- sons to be heard with respect thereto.
§ 401.28 Advisory boards.
ISTER and once each week for three suc
cessive weeks in two newspapers, pub(a) The Commission may appoint a lished one in each country and circuboard or boards, composed of qualified
lated in or near the localities which, in persons, to conduct on its behalf inves
the opinion of the Commission, are most tigations and studies that may be neces- likely to be interested in the subject sary or desirable and to report to the
matter of the reference. Commission regarding any questions or (d) All hearings shall be open to the matters involved in the subject matter
public, unless otherwise determined by of the reference.
the Commission. (b) Such board ordinarily will have
(e) At a hearing, the Governments and an equal number of members from each
persons interested are entitled to precountry.
sent, in person or by counsel, oral and (c) The Commission ordinarily will documentary evidence and argument make copies of the main or final report
that is relevant and material to any of such board or a digest thereof avail- matter that is within the published purable for examination by the Govern
pose of the hearing. ments and interested persons prior to
(f) The presiding chairman may reholding the final hearing or hearings re
quire that evidence be under oath. ferred to in $ 401.29.
(g) Witnesses may be examined and & 401.29 Hearings.
cross-examined by the Commissioners
and by counsel for the Governments and (a) A hearing or hearings may be held
the Commission. With the consent of whenever in the opinion of the Commis
the presiding chairman, counsel for any sion such action would be helpful to the
interested person may also examine or Commission in complying with the terms
cross-examine witnesses. of a reference. Subject to any restric
(h) The Commission may require furtions or exceptions which may be im
ther evidence to be given and may require posed by the terms of the reference, a
printed briefs to be submitted at or subfinal hearing or hearings shall be held
sequent to the hearing. before the Commission reports to Gov
(i) A verbatim transcript of the proernments in accordance with the terms
ceedings at the hearing shall be prepared. of the reference.
(b) The time, place and purpose of § 401.30 Proceedings Under Article X. the hearing or hearings on a reference
When a question or matter of differshall be fixed by the chairmen of the
ence arising between the two Governtwo sections.
ments involving the rights, obligations (c) The secretaries shall forthwith
or interests of either in relation to the give written notice of the time, place
other or to their respective inhabitants and purpose of the hearing or hearings
has been or is to be referred to the Comto each Government and to persons who mission for decision under Article X of have advised the Commission of their
the Treaty, the Commission, after coninterest. Unless otherwise directed by
sultation with the said Governments, will the Commission, the secretaries shall
adopt such rules of procedure as may be also cause such notice to be published in
appropriate to the question or matter rethe Canada Gazette, the FEDERAL REG- ferred or to be referred.
CHAPTER V-UNITED STATES INFORMATION
Informational media guaranties under the U.S. Information and Educa
tional Exchange Act of 1948, as amended. Certain measures to facilitate the circulation abroad of American-made
visual and auditory educational materials. Federal Tort Claims procedure.
PART 501-INFORMATIONAL MEDIA $ 501.3 Delegation of authority.
Delegation of Authority No. 2C, signed FORMATION AND EDUCATIONAL by the Director, U.S. Information Agency, EXCHANGE ACT OF 1948, AS dated April 15, 1959, delegated to the AMENDED
following officials of the Information
Center Service, U.S. Information Agency, Sec.
authority to make and administer infor501.1 Scope of this part.
mational media guaranties: 501.2 Applications for guaranties and place of filing.
Director, 501.3 Delegation of authority.
Deputy Director, 501.4 Fee for guaranties.
Chief, Operations Staff. 501.5 Eligibility.
$ 501.4 Fees for guaranties. 501.6 Saving clause.
The recipient of a guaranty shall pay AUTHORITY: The provisions of this part 501 issued under sec. 1011, P.L. 402, 80th Congress,
in advance to the U.S. Information as amended (22 USC 1439).
Agency (by check, draft or money order
payable to the Treasurer of the United SOURCE: The provisions of this part 501
States) a fee of 11/2 percent per annum appear at 30 F.R. 5832, Apr. 27, 1965, unless
on the amount of such guaranty, prootherwise noted.
vided that the minimum fee for any
shall be charged for any amendment $ 501.1 Scope of this part.
initiated by or for the convenience of This part shall cover Informational the U.S. Information Agency. This fee Media Guaranties.
is effective January 1, 1966. $ 501.2 Applications for guaranties and
(30 F.R. 15804, Dec. 22, 1965) place of filing.
$ 501.5 Eligibility. Applications for informational media No informational media materials will guaranties shall be made in writing to be covered by guaranties referred to in the Informational Media Guaranty Divi- this part unless the U.S. Information sion, Information Center Service, U.S. Agency has determined in advance that Information Agency, Washington, D.C., their commercial distribution in a par20547. There is no prescribed form of ticular foreign country is consistent with application, but detailed information on the national interest of the United States current requirements of the Informa- and that their distribution will: (a) tional Media Guaranty Program, in- Make a positive contribution to United cluding the contents of applications, may States policy objectives; and (b) reflect be obtained on request from the U.S. In- favorably upon the United States. formation Agency at the address indicated above. Each applicant will be no
$ 501.6 Saving clause. tified in writing when his application The U.S. Information Agency may has been accepted, at which time he will waive, withdraw or amend at any time or be given the effective date of the from time to time any or all of the proguaranty.
visions of this part.