hearing examiner pursuant to paragraph (a) of this section, or whenever the Administrator conducts the hearing, the applicant or recipient shall be given reasonable opportunity to file with him briefs or other written statements of its contentions, and a copy of the final decision of the Administrator shall be given in writing to the applicant or recipient and the complainant, if any. (c) Decisions on record where a hearing is waived. Wherever a hearing is waived pursuant to § 209.9(a) a decision shall be made by the Administrator on the record and a copy of such decision shall be given in writing to the applicant or recipient, and to the complainant, if any. (d) Rulings required. Each decision of a hearing officer or the Administrator shall set forth his ruling on each finding, conclusion, or exception presented, and shall identify the requirement or requirements imposed by or pursuant to this part with which it is found that the applicant or recipient has failed to comply. (e) Content of orders. The final decision may provide for suspension or termination of, or refusal to grant or continue Federal financial assistance, in whole or in part, under the program involved and may contain such terms, conditions, and other provisions as are consistent with and will effectuate the purposes of the Act and this part, including provisions designed to assure that no Federal financial assistance will thereafter be extended under such program to the applicant or recipient determined by such decision to be in default in its performance of an assurance given by it pursuant to this part, or to have otherwise failed to comply with this part, unless and until it corrects its noncompliance and satisfies the Administrator that it will fully comply with this part. (f) Post termination proceedings. (1) An applicant or recipient adversely affected by an order issued under paragraph (e) of this section shall be restored to full eligibility to receive Federal financial assistance if it satisfies the terms and conditions of that order for such eligibility or if it brings itself into compliance with this regulation and provides reasonable assurance that it will fully comply with this regulation. (2) Any applicant or recipient adversely affected by an order entered pursuant to paragraph (e) of this section may at any time request the responsible Agency official to restore fully its eligibility to receive Federal financial assistance. Any such request shall be supported by information showing that the applicant or recipient has met the requirements of paragraph (f)(1) of this section. If the responsible Agency official determines that those requirements have been satisfied, he shall restore such eligibility. (3) If the responsible Agency official denies any such request, the applicant or recipient may submit a request for a hearing in writing, specifying why it believes such official to have been in error. It shall thereupon be given an expeditious hearing, with a decision on the record, in accordance with rules of procedure issued by the responsible Agency official. The applicant or recipient will be restored to such eligibility if it proves at such a hearing that it satisfied the requirements of paragraph (f)(1) of this section. While proceedings under this paragraph are pending, the sanctions imposed by the order issued under paragraph (e) of this section shall remain in effect. [30 FR 317, Jan. 9, 1965 as amended at 38 FR 17949, July 5, 1973] § 209.11 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. § 209.12 Effect on other regulations; supervision and coordination. (a) All regulations, orders or like directions heretofore issued by any officer of the Agency for International Development which impose requirements designed to prohibit any discrimination against individuals on the ground of race, color, or national origin under any program to which this part applies, and which authorize the suspension or termination of or refusal to grant or to continue Federal financial assistance to any applicant for or recipient of such assistance under such program for failure to comply with such requirements, are hereby superseded to the extent that such discrimination is prohibited by this part, except that nothing in this part shall be deemed to relieve any person of any obligation assumed or imposed under any such superseded regulation, order, instruction, or like direction prior to the effective date of this part. Nothing in this part, however, shall be deemed to supersede any of the following (including future amendment thereof): (1) Executive Order 11246, and regulations issued thereunder, or (2) any other regulation or instruction insofar as it prohibits discrimination on the grounds of race, color, or national origin in any program or situation to which this part is inapplicable, or prohibits discrimination on any other ground. (b) Supervision and coordination. The Administrator may from time to time assign to officials of other departments or agencies of the government (with the consent of such department or agency) responsibilities in connection with the effectuation of the purposes of Title VI of the Act and this part (other than responsibility for final decision as provided in § 209.10), including the achievement of effective coordination and maximum uniformity within the Agency for International Development and within the Executive branch of the Government in the application of Title VI and this part to similar programs and in similar situations. Any action taken, determination made, or requirement imposed by an official of another Department or Agency acting pursuant to an assignment of responsibility under this subsection shall have the same effect as though such action had been taken by the responsible official of this Agency. [30 FR 317, Jan. 9, 1965, as amended at 38 FR 17949, July 5, 1973] § 209.13 Delegation of authority. Responsibility for administration and enforcement of this part, with respect to programs administered by another Federal department or agency pursuant to delegation, transfer interagency service agreement, or other arrangement is vested in the head of such department or agency, or his del egate, and subject to such delegations or redelegations as he may make or authorize. APPENDIX A-FEDERAL FINANCIAL ASSISTANCE TO WHICH THIS REGULATION APPLIES 1. Grants to organizations and institutions to carry on programs of technical cooperation and development in the United States to promote the economic development of less developed friendly countries. (Section 211, Foreign Assistance Act, 22 U.S.C. 2171.) 2. Grants to organizations and institutions to carry on programs of technical cooperation and development in the United States to promote the economic development of the less developed friendly countries of Latin America. (Section 251, Foreign Assistance Act, 22 U.S.C. 2211.) 3. Grants to organizations and institutions to carry out programs in the United States of research into, and evaluation of, economic development in less developed foreign countries. (Section 241, Foreign Assistance Act, 22 U.S.C. 2193.) [30 FR 317, Jan. 9, 1965, as amended at 38 FR 17949, July 5, 1973] PART 210-DONATION OF DAIRY PRODUCTS TO ASSIST NEEDY PERSONS OVERSEAS (SECTION 416 FOREIGN DONATION PROGRAM) Sec. 210.1 210.2 General purpose and scope. 210.3 Eligibility requirements for nonprofit private humanitarian organizations. 210.4 Cooperating sponsor agreements. 210.5 Availability of commodities. 210.6 Obligations of cooperating sponsor. 210.7 Processing, repackaging and labeling of commodities. 210.8 Arrangements for entry and handling in foreign country. 210.9 Disposition of commodities unfit for authorized use. 210.10 Liability for loss and damage or improper distribution of commodityclaims and procedures. 210.11 Records and reporting requirements of cooperating sponsor. 210.12 Additional responsibilities of cooperating sponsor. 210.13 Termination of program. 210.14 Waiver and amendment authority. 210.15 OMB control number assigned pursuant to the Paperwork Reduction Act. 30-075 0-89--21 Sec. APPENDIX I-DAIRY PRODUCT FOREIGN DONA- AUTHORITY: Sec. 416, Agricultural Act of 1949, as amended, 7 U.S.C. 1431 (sec. 416 Foreign Donation Program). SOURCE: 49 FR 22024, May 24, 1984, unless otherwise noted. § 210.1 General purpose and scope. (a) Terms and conditions. This Part 210 contains the regulations prescribing the terms and conditions governing the donation of dairy products for use outside the United States through foreign governments and public and nonprofit private humanitarian organizations such as U.S. nonprofit voluntary agencies or intergovernmental organizations (the World Food Program and United Nations Relief and Works Agency shall not be subject to these regulations except as may be specifically provided herein) pursuant to section 416 of the Agricultural Act of 1949, as amended (section 416). (b) Legislation. The legislation implemented by the regulation (section 416) provides that dairy products acquired by Commodity Credit Corporation (CCC) may be "donated through foreign governments and public and nonprofit private humanitarian organizations for assistance of needy persons outside the United States, and the Commodity Credit Corporation may pay, with respect to commodities so donated, reprocessing, packaging, transporting, handling, and other charges, including the cost of overseas delivery." (c) These regulations are promulgated pursuant to the designation by CCC of the Agency for International Development (A.I.D.) as its agent to carry out certain responsibilities pertaining to the administration of the program to donate CCC dairy products outside the U.S. under the authority of section 416. § 210.2 Definitions. "A.I.D." means the Agency for International Development or any successor agency, including, when applicable, each USAID. "USAID" means an office of A.I.D. located in a foreign country. "AID/W" means the office of A.I.D. located in Washington, D.C. "CCC" means the Commodity Credit Corporation, a corporate agency and instrumentality of the United States within the U.S. Department of Agriculture. "Cooperating Sponsor" means a foreign government, or a public or nonprofit private humanitarian organization, including the American Red Cross, and humanitarian intergovernmental organizations that enters into an agreement with the U.S. Government for the use of section 416 Foreign Donation Program commodities, and which is directly responsible under the agreement for administration and implementation of and reporting on the use of the commodities made available for the program. The Cooperating Sponsor, except a foreign government and intergovernmental organizations, must be organized under the laws of the U.S. and maintain an office in the U.S. "Diplomatic Posts" means the offices of the Department of State located in foreign countries, and may include Embassies, Legations, and Consular offices. "Duty Free" means exempt from all customs duties, tolls, taxes or governmental impositions levied on the act of importation. "Humanitarian" means an organization that is carrying out or intends to carry out activities designed to provide assistance to needy people. "Non-profit" means that the residue of income over operating expenses accruing in any activity, project, or program is used solely for the operation of such activity, project or program. "Private" means a non-governmental organization that receives private funding. "Recipients" means persons who are in need of food assistance because of their economic condition. "USDA" means the U.S. Department of Agriculture. § 210.3 Eligibility requirements for nonprofit private humanitarian organizations. (a) All private and voluntary organizations registered with the Agency for International Development under A.I.D. Regulation 3, 22 CFR Part 203, are eligible to participate in the section 416 Foreign Donation Program. (b) All organizations that have received dairy products for overseas distribution outside the U.S. from the Commodity Credit Corporation under the authority of section 416 prior to the issuance of these regulations are eligible to continue to participate in the section 416 Foreign Donation Program. (c) Organizations not eligible under paragraph (a) or (b) of this section, may apply for registration by contacting the Registration Officer, Office of Private and Voluntary Cooperation (FVA/PVC), Bureau for Food for Peace and Voluntary Assistance, Agency for International Development (A.I.D.), Washington, D.C. 20523. (d) In exceptional circumstances, one or more Conditions of Registration (AID Regulation 3, 22 CFR Part 203) may be waived by the Assistant Administrator, Bureau for Food for Peace and Voluntary Assistance (FVA), of A.I.D., on the recommendation of the Office of Food for Peace following the registration review by the Office of Private and Voluntary Cooperation (FVA/PVC). (e) Certain categories of organizations engaged exclusively in religious activities, and private foundations, which do not meet Condition No. 1 of A.I.D. Regulation 3 will not be registered but may, in exceptional circumstances, become participants in the section 416 program. The Office of Food for Peace will conduct a review of such applications, and forward recommendations to the Assistant Administrator of the Bureau for Food for Peace and Voluntary Assistance (FVA) for a decision regarding participation. (f) Organizations approved for participation in the section 416 Foreign Donation Program or foreign governments must submit to A.I.D. a program plan of operation. For details see Appendix I-Sample Format of a Dairy Product Foreign Donation Proposed Plan of Operation (section 416). § 210.4 Cooperating sponsor agreements. (a) The Cooperating Sponsor shall enter into a written agreement with A.I.D. and CCC by signing a section 416 Foreign Donation Program Agreement which shall incorporate by reference the terms and conditions set forth in this part. (b) Appendix II of this regulation is a Sample Format of the section 416 Foreign Donation Program Agreement. § 210.5 Availability of commodities. (a) Commodities shall be available for distribution and use in accordance with the provisions of the section 416 Foreign Donation Program Agreement and this part. Unless provided otherwise in the section 416 Foreign Donation Program Agreement, the quality of dairy products donated by the CCC and the packaging description will be in accordance with dairy product specifications determined by CCC and such specifications shall be made a part of the section 416 Foreign Donation Program Agreement. (b) Unless the section 416 Foreign Donation Program Agreement provides otherwise, title to the dairy products shall pass to the Cooperating Sponsor at the time and place of delivery f.a.s. vessel at the U.S. ports. (c)(1) The Commodity Credit Corporation (CCC) will pay reprocessing, packaging, transporting, handling, and other charges incurred in making commodities available to Cooperating Sponsors, as agreed upon in the section 416 Foreign Donation Program Agreement. (2) All costs and expenses incurred subsequent to the transfer of title to Cooperating Sponsors shall be borne by them except that CCC may pay or make reimbursement for transportation costs from U.S. ports to designated ports or points of entry abroad when specifically provided in the section 416 Foreign Donation Program Agreement or upon the determination by CCC that it is in the best interest of the program to do so. (d) Shipment of commodities and the payment of ocean freight shall be made in accordance with the following procedures: will (1)(i) When the Cooperating Sponsor agrees to pay ocean transportation costs and perform freight forwarding and booking functions, the Kansas City Commodity Office (KCCO) USDA will furnish the Cooperating Sponsor with a Notice of Commodity Availability (CCC-512) which name the receiving country, quantity, and date at U.S. port. The Cooperating Sponsor will arrange ocean transportation and freight forwarding in compliance with the Cargo Preference Act of 1954, Pub. L. 664 which requires that at least 50 percent of the cargo tonnage under this agreement be carried on U.S.-flag vessels. Non-Vessel Operating Common Carriers (NVOCC) may not be employed to carry U.S.flag shipments. Approval of ocean transportation arrangements shall be obtained from ASCS/KCCO/USDA, P.O. Box 205, Kansas City, Mo. 64141, Telephone: (913) 236-3057. (ii) The Cooperating Sponsor will also complete the CCC-512 indicating name of steamship company, vessel name, vessel flag and estimated time of arrival at U.S. port, sign and return the completed form to KCCO/USDA, with a copy to Pub. L. 480 Operations Division, Foreign Agricultural Service, USDA. KCCO/USDA will then issue instructions to have the commodity shipped free alongside vessel to U.S. port for consignment to the Cooperating Sponsor as specified in the CCC512. Unless provided for otherwise in section 3 of the section 416 Foreign Donation Program Agreement, U.S. ports will be selected on the basis of the lowest cost to CCC except where mutually agreeable to both the Cooperating Sponsor and KCCO/USDA. (2)(i) When CCC agrees to pay ocean transportation costs and the Cooperating Sponsor agrees to perform freight forwarding and booking functions, the KCCO/USDA will furnish the Cooperating Sponsor with a Notice of Commodity Availability (CCC-512) which will name the receiving country, quantity and date at U.S. port. The Cooperating Sponsor will arrange ocean transportation and freight forwarding in compliance with the Cargo Preference Act of 1954, which requires that at least 50 percent of the cargo tonnage under this agreement be carried on U.S.-flag vessels. Non-Vessel Operating Common Carriers (NVOCC) may not be employed to carry U.S.-flag shipments. Approval of ocean transportation arrangements shall be obtained from ASCS/KCCO/USDA, P.O. Box 205, K.C., Mo. 64141, Telephone: (913) 236-3057. (ii) The Cooperating Sponsor will also complete the CCC-512 indicating ocean freight rate as stated in the Federal Maritime Commission (FMC) tariff (with tariff identification), name of steamship company, name of vessel, flag of vessel, and estimated time of arrival at U.S. port, sign, and return the completed form to KCCO/USDA, with a copy to P.L. 480 Operations Division, Foreign Agricultural Service, USDA. KCCO/USDA will then issue instructions to have the commodity shipped free alongside vessel to U.S. port for consignment to the Cooperating Sponsor as specified in the CCC512. Unless provided for otherwise in section 3 of the section 416 Foreign Donation Program Agreement, U.S. ports will be selected on the basis of lowest landed cost to CCC, except where mutually agreeable to the Cooperating Sponsor and KCCO/USDA. (iii) CCC will pay the Cooperating Sponsor or the ocean carrier, as may be agreed upon, for ocean transportation costs within 30 days of receipt of the following documentation: (A) one copy of completed CCC-512 (as indicated above); (B) three copies of freighted "on board" bill of lading signed by originating carrier; (C) two copies of booking note and/or contract covering ocean transportation of subject cargo; (D) request for payment, indicating amount due and certification that payment has been made to ocean carrier or request for direct payment to ocean carrier. (3) When CCC agrees to pay ocean transportation costs and to perform freight forwarding and booking functions, CCC will arrange to ship at least 50 percent of the cargo on U.S. flag vessels in accordance with the Cargo Preference Act of 1954. |