(3) By donation to a governmental or charitable organization for use as animal feed or for other nonfood use.

(4) If the commodity is unfit for any use, or if disposal in accordance with subparagraph (1), (2), or (3) of this paragraph, is not possible, the commodity shall be destroyed, under the observation of a representative of USAID or a Diplomatic Post if practicable, in such manner as to prevent its use for any purpose. Expenses incidental to the handling and disposition of the damaged commodity shall be paid by the cooperating sponsor unless it is determined by the USAID or the Diplomatic Post that the damage could not have been prevented by the proper exercise of the cooperating sponsor's responsibility under the terms of the Transfer Authorization. Actual expenses incurred in effecting any sale may be deducted from the sales proceeds and the net proceeds shall be deposited with the U.S. Disbursing Officer, American Embassy, with instructions to credit the deposit to Account No. 20 FT 401. The cooperating sponsor shall promptly furnish USAID or the Diplomatic Post a written report of all circumstances relating to the loss and damage and shall include in this report, or a supplemental report, a certification by a public health official or other competent authority of the exact quantity of the damaged commodity disposed of because it was determined to be unfit for human consumption.

(b) Prior to delivery to cooperating sponsor at port of entry. If the commodity is damaged prior to delivery to the cooperating sponsor the USAID or Diplomatic Post shall immediately arrange for inspection by a public health official or other competent authority. If the commodity is determined to be unfit for human consumption it shall be disposed of in accordance with the priority set forth in paragraph (a) of this section. Expenses incidental to the handling and disposition of the damaged commodity shall be paid by USAID or the Diplomatic Post from the sales proceeds, from CCC Account No. 20 FT 401

or from special Title II, P.L. 480 Agricultural Commodity Account. The net proceeds or sales shall be deposited with the USDO for the credit of CCC account No. 20 FT 401.

§ 211.9 Termination of program.

All or any part of the assistance provided under the program, including commodities in transit may be terminated by AID at its discretion if the cooperating sponsor fails to comply with the provisions of the transfer authorization or this part, or if it is determined that because of changed conditions the continuation of such assistance is unnecessary or undesirable. Under such circumstances title to commodities which have been transferred to the cooperating sponsor shall at the written request of USAID, the Diplomatic Post, or AID/W, be retransferred to the U.S. Government by the cooperating sponsor. Any excess commodities on hand at the time the program is terminated shall be disposed of in accordance with § 211.6 (m). If it is determined that any commodity to be supplied under the Transfer Authorization is no longer available for P.L. 480, Title II programs, such authorization shall terminate with respect to any commodities which, as of the date of such determination have not been delivered f.o.b. or f.a.s. vessel.

AID may waive, withdraw, or amend, at any time, any or all of the provisions of this Part 211. Any cooperating sponsor which has failed to comply with the provisions of this part or any instructions or procedures issued in connection herewith, or any agreements entered into pursuant hereto may at the discretion of AID be suspended or disqualified from further participation in any distribution program. Reinstatement may be made at the option of AID. Disqualification shall not prevent AID from taking other action through other available means when considered necessary.

212.41

2212.42

Exemptions from the publication and disclosure requirements of Subparts B, C and D.

Guidance in application of exemptions.

Subpart F-Access to Classified Foreign Policy Records for Nonofficial Research Purposes

212.51 General policy.

AUTHORITY: The provisions of Part 212 are issued under sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2402, 5 U.S.C. 552, E.O. 10501, as amended; 3 CFR 1949-1953 Comp., E.O. 10816; 3 CFR, 1959-1963 Comp.

SOURCE: The provisions of this Part 212 contained in A.I.D. Regulation 12, 32 F.R. 9652, July 4, 1967, unless otherwise noted.

Subpart A-General

§ 212.1 Statement of policy.

(a) It is the policy of the Agency for International Development that information about its objectives and operations be freely available to the public, in accordance with the provisions of Public Law 89-487 (80 Stat. 250). The Director, Information Staff is responsible for administration of the provisions of the regulations of this part.

(b) All identifiable records of the Agency for International Development shall be made available to the public upon compliance with the procedures established in this regulation, except to the extent a record is determined to be

exempt from disclosure by the Director, Information Staff or the Assistant Administrator for Administration.

Subpart B-Publication in the Federal Register

§ 212.11

Materials to be published.

(a) The Agency separately states and currently publishes in the FEDERAL REGISTER for the guidance of the public:

(1) Descriptions of its central and field organization and the established places at which, the officers from whom, and the methods whereby, the public may secure information, make submittals or requests, or obtain decisions;

(2) Statements of the general course and method by which its functions are channelled and determined, including the nature and requirements of all formal and informal procedures available;

(3) Rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;

(4) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the Agency; and

(5) Every amendment, revision or repeal of the foregoing.

(b) A.I.D. Public Notice No. 1 and the A.I.D. Regulations published in Chapter II of Title 22, and in Sub-Title A, Chapter 7 of Title 41 of the Code of Federal Regulations, implement the provisions of this section.

§ 212.12 Effect of nonpublication.

Except to the extent that a person has actual and timely notice of the terms thereof, no person shall in any manner be required to resort to, or be adversely affected by any A.I.D. matter required to be published in the FEDERAL REGISTER and not so published.

§ 212.13 Incorporation by reference.

For purposes of this Subpart B, A.I.D. matter which is reasonably available to the class of persons affected thereby is deemed to be published in the FEDERAL REGISTER When it has been incorporated by reference therein with the approval of the Director of the Federal Register.

In accordance with this subpart, A.I.D. makes the following information and materials available for public inspection and copying:

(a) All final opinions (including concurring and dissenting opinions), and all orders made in the adjudication of cases;

(b) Those statements of policy and interpretations which have been adopted by the Agency and are not published in the FEDERAL REGISTER; and

(c) Administrative staff manuals and instructions to staff that affect any member of the public.

§ 212.22 Protection of personal privacy.

To the extent required to prevent a clearly unwarranted invasion of personal privacy, the Agency may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, or staff manual or instruction, and will, in each such case, explain in writing the justification for the deletion.

The Agency maintains and makes available for public inspection and copying a current index providing identifying information for the public as to any matter which is issued, adopted, or promulgated after July 4, 1967, and which is required by § 212.21 to be made available or published.

§ 212.24 Effect of noncompliance.

No final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects any member of the public will be relied upon, used, or cited as precedent by the Agency against any private party unless it has been indexed and either made available or published as provided by this subpart, or unless that private party shall have actual and timely notice of the terms thereof. § 212.25

Offices where materials

are

available. The materials required to be made available for public inspection and copying in accordance with this subpart are available to members of the public who

apply in person (a) to the Director, Information Staff, Agency for International Development, Department of State, 21st and Virginia Avenue NW., Washington, D.C. 20523; (b) overseas, to the Director, USAID, care of American Embassy, in the countries in which AID has offices abroad. The schedule of fees which is prescribed for the copying service is set forth in § 212.34.

Subpart D-Access to Identifiable Records

§ 212.31 Access to identifiable records. Upon request for identifiable records made in accordance with the provisions of this subpart the Agency for International Development will make such records promptly available to any person, except the following: (a) Matters published in the FEDERAL REGISTER pursuant to Subpart B; (b) matters made available to the public pursuant to Subpart C; and (c) matters exempt from disclosure pursuant to § 212.41.

§ 212.32 Identification of records.

The request for a record by a member of the public must contain a reasonably specific description of the particular record sought, such as the subject matter, format, approximate date, and where pertinent, the name of the country or person involved, to facilitate the search for the requested record.

§ 212.33 Procedure for making requests.

(a) Access to identifiable records may be requested by a member of the public either in person from 9 a.m. to 5 p.m. Monday through Friday, except on Holidays, or by mail, from the Director, Information Staff, Agency for International Development, Room 4898, Department of State, 21st and Virginia Avenue NW., Washington, D.C. 20523. Requests may be made in person or by mail to the Director, USAID, care of American Embassy, in countries where AID has offices abroad. If the USAID office abroad does not have the record requested the member of the public will be so informed and the inquirer will be referred to the Director, Information Staff in Washington for the requested information.

(b) In view of the decentralized nature of the files of the Agency it will generally not be possible to make the requested records available for access immediately but records will be made available as promptly as possible.

(c) Original or record copies of records will not be permitted to be released from Agency files. Copies, duly certified upon request, will be furnished in lieu thereof, upon payment of the prescribed fee. See § 212.35.

(d) Requests for records which originated in another Agency will be referred to the originating Agency for appropriate action.

§ 212.34 Denial of request for access to records.

(a) If a request for access to an identifiable record is denied, the person submitting the request will be promptly advised of the denial and furnished the specific reasons therefor in writing.

(b) The denial of a request from a member of the public for access to an identifiable record may be made only by the Director, Information Staff, or the Assistant Administrator for Administration. The General Counsel shall be consulted prior to a decision to deny access.

(c) A member of the public who has been denied access to an identifiable record pursuant to this section may appeal such decision. The appeal shall be in writing addressed to the Administrator or Deputy Administrator, Agency for International Development, 21st and Virginia Avenue NW., Washington, D.C. 20523. It should contain the identity of the specific record sought and withheld, a copy of the initial decision to deny access, and any other information that will enable the Administrator or Deputy Administrator to make the final decision. § 212.35 Schedule of fees and method of payment for services rendered.

(a) The following specific fees shall be applicable with respect to services rendered to members of the public under this subpart:

(1) Searching for records, per hour or fraction thereof____

$3.50

(b) When no specific fee has been established for a service, or the request for a service does not fall under one of the above categories due to the amount or size or type thereof, the Director, Information Staff, or the Director, USAID, is authorized to establish an appropriate fee pursuant to the criteria established in Bureau of the Budget Circular No. A-25, entitled "User Charges."

(c) When a request for identifiable records is made by mail pursuant to § 212.33, it should be accompanied by remittance of the total fee chargeable, as well as a self-addressed stamped envelope, if special mail services are desired.

(d) Fees must be paid in full prior to issuance of requested copies of records. If uncertainty as to the existence of a record, or as to the number of sheets to be copied or certified precludes remitting the exact fee chargeable with the request, the Agency will inform the interested party of the exact amount required.

(e) Payment shall be in the form of a check, bank draft, money order, or if personally delivered may be made in cash. Remittances shall be made payable to the order of the Agency for International Development. The Agency will assume no responsibility for cash which is lost in the mail.

(f) A receipt for fees paid will be given only upon request. Refund of fees paid for services actually rendered will not be made.

Subpart E-Exemptions From Disclosure

§ 212.41

Exemptions from the publication and disclosure requirements of Subparts B, C, and D.

None of the provisions of Subparts B, C, and D which provide for publication and disclosure of certain information and records shall be applicable to matters that are:

(a) Specifically required by Executive Order to be kept secret in the interest of national defense or foreign policy; (b) Related solely to the internal personnel rules and practices of the agency;

(c) Specifically exempted from disclosure by statute;

(d) Trade secrets and commercial or financial information obtained from any person and privileged or confidential;

(e) Interagency or intra-agency memorandums or letters which would not be available by law to a private party in litigation with the Agency;

(f) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

(g) Investigatory files compiled for law enforcement purposes except to the extent available by law to a private party;

(h) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions; and

(i) Geological and geophysical information and data (including maps) concerning wells.

(a) In accordance with the policy of the Department of State, the Agency for International Development permits access to its classified foreign policy records by individuals engaged in private research as liberally as possible, consistent with the national interest, the maintenance of friendly relations with other nations, the efficient operation of the agency, and the administrative feasibility of servicing requests for access to such records.

(b) Access for research in the classified foreign policy records in A.I.D.'s custody will be governed by the regulations of the Department of State in respect thereto. Application for such access may be made to the Director, Information Staff, Agency for International Development, 21st and Virginia Avenue NW., Washington, D.C. 20523. The Director, Information Staff, in consultation with the Director, Historical Office, Department of State, will determine the action to be taken and advise the researcher. The regulations of the Department are in § 6.9 of Part 6, Chapter 1, of Title 22 of the Code of Federal Regulations.