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obligation of his to support his separated spouse will be met during his training and service.

(d) Dependents. If the applicant (whether male or female) has any dependents and has not been designated a Volunteer Leader applicant, he must, prior to being issued an invitation to training, satisfy the Director of Selection and the General Counsel:

(1) As to any dependent other than children under age 18, that his absence for training and service will not deprive his dependent(s) of any care or support which he may be obligated to provide; and

(2) As to any dependent child under age 18whether or not living with the applicant that (1) he has arranged satisfactorily for the support of the child during his training and service; (ii) the separation of him and the child will not adversely affect their relationship; and (ili) he is not using Peace Corps service to escape responsibility for the child's welfare.

(e) Legal status. Not be on parole or probation (other than a summary probation) to any court or have any courtestablished or acknowledged financial or other legal obligation which, in the opinion of the Office of the General Counsel, could not be satisfied or postponed during the individual's participation in the Peace Corps.

(f) Medical status. Be able to satisfy the Peace Corps' rigorous physical and mental health requirements.

(g) Absence of intelligence background. Not have worked for or served in any intelligence agency, civilian or military, or have been associated with any intelligence operations. § 305.3 Selection standards.

To qualify for selection for overseas service as a Volunteer, a trainee must demonstrate by the end of training that he or she meets the following selection standards, and that his enrollment as a Volunteer must be clearly consistent with the interests of the national security.

(a) Motivation indicating commitment to serve a full term (usually 2 years) as a Volunteer despite periods of stress.

(b) Intelligence sufficient to meet the needs of a particular program and to cope with other challenges of Peace Corps service, including rapid learning in a short training period.

(c) Personal qualities including initiative, determination, friendliness, patience, ability to communicate and respect for other people regardless of race, religion, nationality, social standing or political persuasion.

(d) Competence in the skills and proficiencies needed for the particular job assignment overseas.

(e) Such reasonable proficiency in the host country language as his overseas assignment requires. (See section 23 of the Peace Corps Act.)

(f) Adequate knowledge of both the host country and the United States.

CHAPTER IV–INTERNATIONAL JOINT COMMISSION,

UNITED STATES AND CANADA

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PART 401-RULES OF PROCEDURE

Subpart A-General Sec. 401.1 Definitions. 401.2 Chairmen. 401.3 Permanent offices. 401.4 Duties of secretaries. 401.5 Meetings. 401.6 Service of documents. 401.7 Conduct of hearings. 401.8 Decision by the whole Commission. 401.9 Suspension or amendment of rules. 401.10 General rule. 401.11 Availability of records.

Subpart B-Applications 401.12 Presentation to Commission. 401.13 Copies required. 401.14 Authorization by Government. 401.15 Notice of publication. 401.16 Statement in response. 401.17 Statement in reply. 401.18 Supplemental or amended applica-,

tions and statements. 401.19 Reducing or extending time and dis

pensing with statements. 401.20 Interested persons and counsel. 401.21 Consultation. 401.22 Attendance of witnesses and produc

tion of documents. 401.23 Hearings. 401.24 Expenses of proceedings. 401.25 Government brief regarding navi

gable waters.

Subpart C-References 401.26 Presentation to Commission. 401.27 Notice and publication. 401.28 Advisory boards. 401.29 Hearings. 401.30 Proceedings under Article X.

AUTHORITY: The provisions of this part 401 issued under Art. XII, 36 Stat. 2453.

SOURCE: The provisions of this part 401 appear at 30 F.R. 3379, Mar. 13, 1965, unless otherwise noted.

Subpart A-General § 401.1 Definitions.

(a) In the construction of the regulations in this part, unless the context otherwise requires, words importing the singular number shall include the plural and words importing the plural number shall include the singular, and;

(b) "Applicant" mean the Government or person on whose behalf an ap-. plication is presented to the Commission in accordance with $ 401,12;

(c) "Government” means the Government of Canada or the Government of the United States of America;

(d) “Person” includes Province, State, department or agency of a Province or State, municipality, individual, partnership, corporation and association, but does not include the Government of Canada or the Government of the United States of America;

(e) "Oath" includes affirmation; (f) "Reference” means the document by which a question or matter of difference is referred to the Commission pursuant to Article IX of the Treaty;

(g) "The Treaty" means the Treaty between the United States of America and His Majesty the King, dated the 11th day of January 1909;

(h) “Canadian section" consists of the commissioners appointed by Her Majesty on the recommendation of the Governor in Council of Canada;

(i) “United States section" consists of the Commissioners appointed by the President of the United States.

§ 401.2 Chairmen.

(a) The commissioners of the United States section of the Commission shall appoint one of their number as 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.

(b) The commissioners of the Canadian section of the Commission shall appoint one of their number as 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.

(c) In case it shall be impracticable for the chairman of either section to act in any matter, the commissioner of such section who is senior in order of appointment shall act in his stead. § 401.3 Permanent offices.

The permanent offices of the Commission shall be at Washington, in the District of Columbia, and at Ottawa, in the Province of Ontario, and, subject to the directions of the respective chairmen acting for their respective sections, the secretaries of the United States and Canadian sections of the Commission shall have full charge and control of said offices, respectively. § 401.4. Duties of secretaries.

(a) The secretaries shall act as joint secretaries at all meetings and hearings of the Commission. The secretary of the section of the Commission of the country in which a meeting or hearing is held shall prepare a record thereof and each secretary shall preserve an authentic copy of the same in the permanent offices of the Commission.

(b) Each secretary shall receive and file all applications, references and other papers properly presented to the Commission in any proceeding instituted before it and shall number in numerical order all such applications and references; the number given to an application or reference shall be the primary file number for all papers relating to such application or reference.

(c) Each secretary shall forward to the other for filing in the office of the

other copies of all official letters, documents, records or other papers received by him or filed in his office, pertaining to any proceeding before the Commission, to the end that there shall be on file in each office either the original or a copy of all official letters and other papers, relating to the said proceeding.

(d) Each secretary shall also forward to the other for filing in the office of the other copies of any letters, documents or other papers received by him or filed in his office which are deemed by him to be of interest to the Commission, $ 401.5 Meetings.

(a) Subject at all times to special call or direction by the two Governments, meetings of the Commission shall be held at such times and places in the United States and Canada as the Commission or the Chairman may determine and in any event shall be held each year at Washington in April and at Ottawa in October, beginning ordinarily on the first Tuesday of the said months.

(b) If the Commission determines that a meeting shall be open to the public, it shall give such advance notice to this effect as it considers appropriate in the circumstances. § 401.6 Service of documents.

(a) Where the secretary is required by the regulations in this part to give notice to any person, this shall be done by delivering or mailing such notice to the person at the address for service that the said person has furnished to the Commission, or if no such address has been furnished, at the dwelling house or usual place of abode or usual place of business of such person.

(b) Where the secretary is required by the regulations in this part to give notice to a Government, this shall be done by delivering or mailing such notice to the Secretary of State for External Affairs of Canada or to the Secretary of State of the United States of America, as the case may be.

(c) Service of any document pursuant to $ 401.22 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. The person serving the notice or request shall furnish an affidavit to the secretary stating the time and place of such service.

$ 401.7 Conduct of hearings.

similarly for public information after Hearings may be conducted, testimony

duplicate originals of the decisions or

orders have been transmitted to and filed received and arguments thereon heard by the whole Commission or by one or

with the Governments pursuant to Ar

ticle XI of the Treaty. more Commissioners from each section of the Commission, designated for that

(c) Copies of reports submitted to one

or both of the Governments pursuant to purpose by the respective sections or the Chairman thereof.

the Treaty shall be available similarly for

public information only with the consent § 401.8 Decision by the whole Commis. of the Government or Governments to sion.

whom the reports are addressed. The whole Commission shall consider (d) Reports, letters, memoranda and and determine any matter or question other communications addressed to the which the Treaty or any other treaty or Commissions, by boards or committees international agreement, either in terms created by or at the request of the Comor by implication, requires or makes it mission, are privileged and shall become the duty of the Commission to determine. available for public information only in For the purposes of this section and accordance with a decision of the Com$ 401.7, “the whole Commission" means mission to that effect. all of the commissioners appointed pur- (e) Except as provided in the precedsuant to Article VII of the Treaty whose ing paragraphs of this section, records of terms of office have not expired and who deliberations, and documents, letters, are not prevented by serious illness or memoranda and communications of other circumstances beyond their control every nature and kind in the official recfrom carrying out their functions as ords of the Commission, whether adcommissioners. In no event shall a de- dressed to or by the Commission, comcision be made without the concurrence niissioners, secretaries, advisers or any of of at least four commissioners.

them, are privileged and shall become

available for public information only in § 401.9 Suspension or amendment of

accordance with a decision of the Comrules.

mission to that effect. The commission may suspend, repeal, (f) A copy of any document, report, or amend all or any of the rules of pro

record or other paper which under this cedure at any time, with the concurrence section is available for public informaof at least four commissioners. Both tion may be furnished to any person Governments shall be informed fourth

upon payment of any cost involved in its with of any such action.

reproduction. § 401.10 General rule.

Subpart B-Applications The Commission may, at any time,

§ 401.12 Presentation to Commission. adopt any procedure which it deems expedient and necessary to carry out the

(a) Where one or the other of the true intent and meaning of the Treaty.

Governments on its own initiative seeks

the approval of the Commission for the § 401.11 Availability of records.

use, obstruction or diversion of waters (a) The following items in the official with respect to which under Articles III records of the Commission shall be avail. or IV of the Treaty the approval of the able for public information at the perma

Commission is required, it shall present nent offices of the Commission.

to the Commission an application setting

forth as fully as may be necessary for the Applications.

information of the Commission the facts References. Public Notices.

upon which the application is based and

the nature of the order of approval Press Releases. Statements in Response.

desired. Statements in Reply.

(b) Where a person seeks the approval Records of hearings, including exhibits filed. of the Commission for the use, obstrucBrief and formal Statements submitted at

tion or diversion of waters with respect hearings or at other times.

to which under Articles III or IV of the (b) Decisions rendered and orders is- Treaty the approval of the Commission sued by the Commission and formal is required, he shall prepare an applicaopinions of any of the Commissioners tion to the Commission and forward it with relation thereto, shall be available to the Government within whose juris

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