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of this order, shall, to the extent consistent with law, continue in effect except as they may be later modified or superseded.”

207

Part 200 Employees responsibilities and conduct. 201 Rules and procedures applicable to commodity transactions financed by

A.I.D. . 202

Overseas shipments of supplies by voluntary nonprofit relief agencies. 203 Registration of agencies for voluntary foreign aid. 205

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. 208 Suppliers of commodities and commodity-related services ineligible for

A.I.D. financing 209 Non-discrimination in federally-assisted programs of the Agency for Inter

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

1964. 210 Loyalty and security investigations for persons serving under contracts

financed from United States foreign assistance funds. 211

Transfer of food commodities for use in disaster relief and economic develop

ment, and other assistance. 212 Public information. 213

Collection of civil claims by the Agency for International Development.

Sec. 201.46 Compensation to supplier if ship

ment is prohibited. 201.47 Use of marine insurance loss pro

ceeds.

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.

Subpart 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 applicabilty of this

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

and of supplier. 201.83 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 and application. Subpart B-Conditions Governing the Eligibility

of Procurement Transactions for A.J.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.I.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

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 Rights and Remedies of A.1.D., and

Waiver Authority 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

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 docu.
ment.

fund requests.
201.85 Waiver and amendment authority.
Appendix A-Supplier's Certificate

and Agreement with the Agency 05 International Development (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 Assistance Funds. (A.I.D. 283 (1-16–67))

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Appendix D-Application for Approval of

Commodity Eligibility. (A.I.D. 11

(10-16–70) ) AUTHORITY: The provisions of this part 201 issued under sec. 621, 75 Stat. 424; 22 U.S.C. 2381.

SOURCE: The provisions of this Part 201 appear at A.I.D. Regulation 1, 36 F.R. 7098, Apr. 14, 1971, unless otherwise noted. Subpart A-Definitions and Scope of

This Part & 201.01 Definitions.

As used in this part, the following terms shall have the meanings indicated below:

(a) The Act. “The Act" means the Foreign Assistance Act of 1961, as amended from time to time.

(b) A.I.D. "A.I.D.” means the Agency for International Development or any successor agency, including, when applicable, each US AID.

(c) A.I.D. geographic code. "A.I.D. geographic code" means a code in the A.I.D. Geographic Code Book which designates a country, a group of countries, or an otherwise defined area. Principal A.I.D. geographic codes are described in § 201.11(b) (4) of this part.

(d) AID/W. “AID/Wmeans the A.I.D. in Washington, D.C. 20523, including any office thereof.

(e) Approved applicant. “Approved applicant” means the person or organization designated by the borrower/ grantee to establish credits with banks in favor of suppliers or to instruct banks to make payments to suppliers, and includes any agent acting on behalf of such approved applicant.

(f) Bank. “Bank” means a banking institution organized under the laws of the United States, or any State, territory, or possession thereof, or Puerto Rico or the District of Columbia.

(g) Borrower/grantee. “Borrower/ grantee” means the government of any cooperating country, or any agency, instrumentality or political subdivision thereof, or any private entity to which A.I.D. directly makes funds available by loan or grant.

(h) Commodity. “Commodity" means any material, article, supply, goods, or equipment.

(i) Commodity-related services. "Commodity-related services" means delivery services and/or incidental services.

(j) Cooperating country. "Cooperating country" means the country receiving the A.I.D. assistance subject to provisions of this part 201.

(k) Delivery. “Delivery" means the transfer to, or for the account of, an importer of the right to possession of a commodity, or the rendering to, or for the account of, an importer of any co modity-related service.

(1) Delivery services. "Delivery services" means any service customarily performed in a commercial export transaction which is necessary to effect a physical transfer of commodities to the cooperating country. Examples of such services are the following: Export packing, local drayage in the source country (including waiting time at the dock), ocean and other freight, loading, heavy lift, wharfage, tollage, switching, dumping and trimming, lighterage, insurance, commodity inspection services, and services of a freight forwarder. “Delivery services" may also include work and materials necessary to meet A.I.D. marking requirements.

(m) Implementing document. “Implementing document” means any document issued by A.I.D. which authorizes the use of A.I.D. funds for the procurement of commodities and/or commodityrelated services and which specifies conditions which will apply to such procurement.

(n) Importer. "Importer" means any person or organization, governmental or otherwise, in the cooperating country who is authorized by the borrower/ grantee to use A.I.D. funds under this Regulation for the procurement of commodities, and includes any borrower/ grantee who undertakes such procurement.

(0) Incidental services. "Incidental services” means the installation or erection of A.I.D.-financed equipment, or the training of personnel in the maintenance, operation and use of such equipment.

(p) Purchase contract. “Purchase contract" means any contract or similar arrangement under which a supplier furnishes commodities and/or commodityrelated services financed under this part.

(q) Source. “Source” means the country from which a commodity is shipped to the cooperating country, or the cooperating country if the commodity is 10cated therein at the time of the purchase. Where, however, a commodity is shipped

or

from a free port or bonded warehouse in the form in which received therein, "source" means the country from which the commodity was shipped to the free port or bonded warehouse.

(r) Supplier. "Supplier" means any person or organization, governmental or otherwise, who furnishes commodities and/or commodity-related services financed under this Part 201.

(s) Supplier's Certificate. “Supplier's Certificate" means AID Form 282, “Supplier's Certificate and Agreement with the Agency for International Development”, including the “Invoice-and-Contract Abstract” on the reverse of such form (Appendix A to this part 201), or any substitute form which may be prescribed in the letter of commitment, request for the opening of a special letter of credit, or other pertinent implementing document.

(t) United States. “United States." means the United States of America, any State, territory or possession thereof, Puerto Rico and the District of Columbia.

(u) US AID. “US AID" means the A.I.D. mission or representative to any cooperating country.

(v) Certificate Concerning Commissions. “Certificate Concerning Commissions" means the Certificate and Agreement with the Agency for International Development Concerning Commissions and Service Payments Associated with Commodity Sales Financed with Foreign Assistance Funds” (A.I.D. Form 283) which appears as Appendix C to this part.

(w) Commodity Approval Application. “Commodity Approval Application" means the Application for Approval by the Agency for International Development of Commodity Eligibility (A.I.D. Form 11) which appears as Appendix D to this part 201.

(x) Schedule B. “Schedule B” means "Schedule B, Statistical Classification of Domestic and Foreign Commodities Exported from the United States” issued and amended from time to time by the U.S. Bureau of the Census, Department of Commerce, and published in 15 CFR 30.92. [A.I.D. Regulation 1, 36 F.R. 7096, Apr. 14, 1971, as amended at 37 F.R. 12792, June 29, 1972] § 201.02 Scope and application.

The appropriate implementing document will indicate whether and the extent to which this Part 201 shall apply

to the procurement of commodities or commodity-related services both. Whenever this part 201 is applicable, those terms and conditions of this part will govern which are in effect on the il date of issuance of an irrevocable letter of credit under which payment is made or is to be made from funds made ayailable under the Act, or, if no such letter of credit has been issued, on the date payment instructions for payment from funds made available under the Act are received by the paying bank.

(a) The borrower/grantee is responsible for compliance with the applicable provisions of this part by importers and suppliers and for assuring that importers and suppliers are informed of the extent to which this part applies.

(b) Subpart B sets forth conditions governing the eligibility for A.I.D.-financing of transactions covering commodities and commodity-related services.

(c) Subpart C prescribes procedures which importers shall follow in purchasing commodities.

(d) Subpart D sets forth the responsibilities of suppliers.

(e) Subpart E contains provisions relating to

(1) The diversion of shipments and the vesting in A.I.D. of title to commodities;

(2) The effect of termination or modification of any loan, grant or implementing document; and,

(3) A.I.D. audit and inspection rights.

(f) Subpart F describes the financing process and prescribes the documents which shall be submitted to banks and to A.I.D.

(g) Subpart G contains the price tests which shall be met and limitations on amounts and types of payments which A.I.D. will finance.

(h) Subpart H defines the rights and responsibilities of banks.

(i) Subpart I sets out the rights and remedies which are reserved to A.I.D. and provides for the waiver under special circumstances of the provisions of this Part 201.

(j) Unless otherwise indicated, references in this part 201 to subparts or to sections relate to subparts or sections of this part 201. [A.I.D. Regulation 1, 36 F.R. 7096, Apr. 14, 1971, as amended at 37 F.R. 12792, June 29, 1972]

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