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8 208.25 Reference to the contents of

the list. The Administrator may take such action as he deems appropriate to direct the contents of the list to the attention of parties to A.I.D.-financed transactions. For this purpose the Administrator may direct that reference be made to the list or to any of its contents in any A.I.D. implementing document.

(2) The second section shall declare A.I.D.'s intention to keep the contents of the List current by additions and deletions, and that no prejudice whatsoever attaches to a supplier whose name has been removed from this list.

(3) The third section shall list debarred persons.

(4) The fourth section shall list suspended persons.

(b) Information concerning ineligible suppliers. (1) The supplier shall be described on the List of Ineligible Suppliers by name, address and type of commodity or service supplied. (Names shall be set forth in alphabetical order with appropriate cross-reference where more than one name is involved in a single action.)

(2) If a supplier engages in several activities or supplies several commodities and the suspension or debarment does not apply to the full range of the supplier's operations, the list shall clearly indicate the limited application of the sanction.

(3) With respect to any debarred supplier, the expiration date of such debarment shall be clearly indicated.

8 208.26 Removal of ineligibility by the

Administrator. (a) The Administrator may remove the name of any supplier from the list of Ineligible Suppliers before the stated debarment period whenever the Administrator is reasonably satisfied that such action will not compromise the integrity of the Foreign Assistance Program or militate against the prudent use of Foreign Assistance Funds.

(b) A debarred supplier may at any time apply to the Administrator in writing for removal from the list and may set forth facts in support of such action.

CHAPTER IV–INTERNATIONAL JOINT COMMISSION

UNITED STATES AND CANADA

Part
401 Rules of procedure.

1

PART 401—RULES OF PROCEDURE

Special meetings may be held at such

times and places in the United States and Sec.

the Dominion of Canada as the chairmen 401.1 Definitions.

of the two sections may determine. 401.2 Meetings. 401.3 Chairmen.

§ 401.3 Chairmen. 401.4 Permanent ofices. 401.5 Duties of secretaries.

The commissioners of the United States 401.6 Applications.

section of the Commission shall appoint 401.7 Number of application copies.

a chairman, to be known as the chairman 401.8 Approval of Governments.

of the United States section of the Inter401.9 Notice and publication.

national Joint Commission, and he shall 401.10 Statement in response to applica- act as chairman at all meetings of the tion.

Commission held in the United States, 401.11 Statement in reply. 401.12 Supplemental applications and state

and in respect to all matters required to ments.

be done in the United States by the 401.13 Interested private parties.

chairman of the Commission. 401.14 Preliminary hearing.

The commissioners of the Canadian 401.16 Preliminary communication with section of the Commission shall appoint & parties.

chairman, to be known as the chairman 401.16 Production and inspection of docu

of the Canadian section of the Internaments. 401.17 Subpenas.

tional Joint Commission, and he shall 401.18 Compelling attendance of witnesses,

act as chairman at all meetings of the etc.

Commission held in Canada, and in re401.19 Depositions.

spect to all matters required to be done 401.20 Final hearings.

in Canada by the chairman of the Com401.21 Printing of briefs and records.

mission. 401.22 Majority may conduct hearings.

In case it shall be impracticable for 401.23 Amendments.

the chairman of either section to act in 401.24 Service of process.

any matter, then the commissioner of 401.25 Expenses of proceedings. 401.26 Submission to Governments.

such section next in order of appoint401.27 General rule.

ment shall act in his stead. 401.28 Proceedings under Articles IX and X.

§ 401.4 Permanent offices. AUTHORITY: The provisions of this Part 401

The permanent offices of the Commisissued under Art. XII, 36 Stat. 2453.

sion shall be at Washington, in the DisSOURCE: The provisions of this Part 401

trict of Columbia, and at Ottawa, in the contained in Rules of Procedure, Interna

Dominion of Canada, and the secretaries tional Joint Commission, Feb. 2, 1912, unless otherwise noted. Redesignated at 17 F.R.

of the United States and Canadian sec

tions of the Commission shall, subject to 8116, Sept. 9, 1952.

the order of said respective sections, have § 401.1 Definitions.

full charge and control of said ofices, In the construction of the rules in this respectively. part and the forms herein referred to

§ 401.5 Duties of secretaries. (unless the context otherwise requires) words importing the singular number

The secretaries shall act as joint secreshall include the plural, and words im

taries at all sessions or meetings of the porting the plural number shall include Commission, and each shall keep an acthe singular; the term “party” or “par

curate permanent record of the proceedties” shall include Governments and also ings and preserve the same in the permapersons permitted by the rules in this nent offices of the Commission. It shall part to take part in any proceedings be

also be the duty of each of them to receive fore the Commission; the word "person" and file all applications and other papers shall include individual, partnership, or properly presented to the Commission corporation, and “oath” shall include in any proceeding instituted before it, affirmation.

and to number in numerical order all

such applications; and the number given $ 401.2 Meetings.

an application shall be the file number Regular sessions of the Commission for all papers and documents connected shall be held annually at Washington be- with such application. Each secretary ginning on the first Tuesday of April and shall also keep in the permanent office at Ottawa beginning on the first Tuesday under his control a docket, in which he of October.

shall record the title of the application or other proceeding, separately in each & 401.7 Number of application copies. case, the date of filing the same, the name and post-office address of the at

One duplicate original and 25 copies of torneys of record, and a brief statement

the application, supplemental applicaof the contents, together with proper

tion, statement in response, supplemenreference to the files of the original

tal statement in response, statement in papers referred to in said docket. Each

reply, and supplemental statement in shall forward to the other for Aling in

reply shall be filled with each of the secthe office of the other copies of all letters,

retaries, and there shall be filed with documents or other papers received by

each of the secretaries such drawings, him or filed in his ofice, pertaining to

profiles, and plans of survey on tracing any matter before the Commission, to

linen, and such specifications and maps, the end that there shall be on file in

as may be necessary to illustrate clearly each office either the original or a copy

the matter of the application. of all official papers, documents, records (As amended Nov. 11, 1914) and correspondence relating to matters

§ 401.8 Approval of Governments. at any time pending before the Com. mission.

In cases where either of the respective

Governments shall have authorized the $ 401.6 Applications.

use, obstruction or diversion of navigable In all cases to be submitted to the Com

waters, all plans filed as aforesaid shall

be accompanied with the approval mission under Articles III, IV, and VII of the Treaty the method of bringing such

thereof by the Government or proper cases to the attention of the Commission

department of the Government within and invoking its action shall be as

whose jurisdiction such waters lie. follows:

& 401.9 Notice and publication. (a) Where one or the other of the

As soon as practicable after an applicaGovernments on its own initiative seeks

tion is made as provided for in § 401.6, the approval of the Commission for the

the secretary of the section of the Comuse, obstruction or diversion of waters

mission appointed by the other Governwith respect to which under Articles III

ment shall forthwith send to such Govand IV of the Treaty the approval of the ernment a notice in writing that the Commission is required, it shall file with

application has been made and a copy the Commission an application setting

thereof. forth as fully as may be necessary for

The secretaries shall also, as soon as the information of the Commission the

practicable after the application is made, facts upon which the application is cause to be published for 3 successive based, and the nature of the order of

weeks in the Canada Gazette, and in two approval desired.

weekly newspapers, published one on (b) Where any private person seeks

each side of the international boundary the approval of the Commission for the

line nearest the locality in which the use, use. obstruction or diversion of such

obstruction, or diversion of waters is prowaters, he shall first make written ap

posed to be made, a notice that the application to the Government within

plication has been made, and of the whose jurisdiction the privilege desired

nature and locality of the proposed use, is to be exercised, to grant such privilege,

obstruction or diversion, and that all and upon such Government, or the

persons interested therein are entitled proper department thereof, transmitting

to be heard with respect thereto before such application to the Commission, with

the Commission. the request that it take appropriate action thereon, the same shall be filed § 401.10

Statement in response to apand be proceeded with by the Commis

plication. sion in the same manner as an applica- Within 30 days after the filing of any tion on behalf of one or the other of such application, or within such further the Governments. All applications by time as the Commission or the chairmen private persons should conform, as to

may determine, the other Government, their contents, to the requirements of

and, with the consent of either Governparagraph (a) of this section.

ment, any private person interested, may

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