Page images
PDF
EPUB

ICA REGULATION 1*

TITLE 22-FOREIGN RELATIONS

Chapter II-International Cooperation Administration, Department of State

[blocks in formation]
[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

(4) Form of reimbursement.

(5) Protection of bank making payment.
(6) Rights of bank where PA or PIO modified.
(7) Reimbursement under bank certificate.
(8) Successors and assigns.

201.17 Letter of commitment to a supplier.
(A) Nature and purpose.

(B) Assignment of monies receivable. (C) Documentation for payment.

201.18 Documents required for reimbursement. (A) For cost of commodity.

(1) Voucher SF-1146.

(2) Supplier's certificate.

(i) Coverage:

(a) Cost of commodity.

(b) Cost of ocean freight.

(c) Cost of marine insurance.

(ii) Special provision in case of direct reimbursement to cooperating country.

(3) Evidence of shipment.

(i) Bill of lading or substitute.

(ii) Tanker shipments.

(iii) Bank certificate for shipments from United States.

(a) Shipment document sent by bank. (b) Shipment document held by bank. (iv) Bank certificate for shipments from outside United States.

(4) Supplier's invoice.

(5) Additional or substitute documents.

(B) For cost of ocean freight.

(1) Voucher SF-1146.

(2) Supplier's certificate.

(3) Charter party or contract of affreightment.

(4) Bill of lading or other evidence of ship

[blocks in formation]
[blocks in formation]

(i) Transactions included.
(ii) Price limitation.

(a) Domestic price base.

(1) Domestic price of manufacturer, producer or processor. (2) Domestic price of other manufacturers, producers or processors.

(3) Supplier's cost of acquisition. (b) Export differential.

(1) Supplier's comparable sales. (2) Competitor's comparable sales.

(iii) Non-recognition of excessive export differential.

(4) Class IV; special rules for certain commodities.

(i) Petroleum products.

(a) Purchases from any source.

(b) Purchases from non-United States

sources.

(c) Special meaning of "price".

[blocks in formation]

§ 201.23

Waiver and amendment authority. § 201.24 Continuation in effect of certain prior issuances. 201.25 Transitory provision.

AUTHORITY: $201.1 to 201.25 issued under sec. 525, 68 Stat. 856, as amended; 22 U. S. C. 1785. Interpret or apply secs. 131, 132, 201, 302, 504, 509, 510, 522, 68 Stat. 838, as amended, 840, as amended, 841, 851, 853, as amended, 855; 22 U. S. C. 1756, 1761, 1762, 1782, 1841, 1842, 1871, 1892.

§ 201.1 Definition of Terms. For the Purposes of This Part:

amended.

(A) "The act" means the Mutual Security Act of 1954 (Pub. Law 665, 83d Cong.), as

(B) "ICA" means the International Cooperation Administration, including, when applicable, each USOM (paragraph (E) of this section).

(C) “The Director" means the Director of the International Cooperation Administration or the Deputy Director or any person authorized to perform the functions of the Director or Deputy Director in respect of this part.

(D) "Cooperating country" means any country in which ICA has a program under the act. (E) "USOM" means the ICA mission to any cooperating country.

(F) "The Director, USOM" means the head of the ICA mission to any cooperating country or the Deputy Director of any such mission or any person authorized to perform the functions of the Director or Deputy Director, USOM, in respect of this part.

(G) "Banking institution in the United States" means a banking institution organized under the laws of the United States, any State, territory or possession thereof, or the District of Columbia. (H) "Approved applicant" means the cooperating country or any person or organization, governmental or otherwise, named as approved applicant in any letter of commitment issued to a banking institution in the United States pursuant to Subpart C of this part; and shall include any agent authorized to act on behalf of an approved applicant.

(I) "Reimbursement" means any of the methods set forth in Subpart C of this part used by ICA to pay for any commodity or service furnished to a cooperating country under the act.

(J) "Delivery" means the transfer to or for the account of a cooperating country of custody and right of possession of any commodity or the rendering to or for the account of a cooperating country of any service.

(K) "Importer" means any person or organization, governmental or otherwise, to which a cooperating country has made a subauthorization (see § 201.3 (D), or which has been designated as an "authorized agent" in a project implementation order (called "PIO" in this part) or subauthorized by any such authorized agent (see § 201.4).

(L) "Supplier" means any person or organization, governmental or otherwise, which furnishes any commodity or service under the act.

(M) "Source" means the country or area from which a commodity is shipped to the cooperating country. Where, however, a commodity is shipped from a free port or bonded warehouse in the form in which received therein, "source" shall mean the country or area from which the commodity was shipped to the free port or bonded warehouse.

(N) "Commission" means any sum paid or to be paid to an agent, broker, or other representa

tive in connection with a sale financed by ICA.

(O) "Discount" means that amount by which the supplier's gross sales price is reduced by a credit, refund or other allowance made or to be made to the buyer or consignee.

(P) "Project" means a single integrated undertaking or enterprise within a cooperating country, which has been mutually agreed upon by ICA and the cooperating country government and which requires financing by ICA of services and/or commodities specifically needed for the accomplishment of the undertaking or enterprise.

§201.2 What This Part Does

(A) Subpart A.

(1) Non-project type assistance. Subpart A of this part describes the procedures for enabling cooperating countries to use ICA funds to get commodities and services under the act. Subpart A is divided into two broad categories. The first category deals with the authorization procedures for procurement of commodities and services in non-project type assistance programs. In general, it provides for the submission of procurement authorization applications by cooperating countries and the issuance

« PreviousContinue »