Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 22 - Foreign Relations |
Chapter II - Agency for International Development |
Part 201 - Rules and Procedures Applicable to Commodity Transactions Financed by USAID |
Subpart E - General Provisions Relating to USAID Financing of Commodities and Commodity-Related Services |
§ 201.46 - Compensation to supplier if shipment is prohibited.
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§ 201.46 Compensation to supplier if shipment is prohibited.
(a) Payment to supplier. USAID shall make appropriate payment to a supplier for the value of USAID-financed commodities available for immediate shipment from the United States if all the following conditions are satisfied:
(1) Shipment is prohibited by order of the U.S. Government and such order has general application to all shipments to the cooperating country.
(2) Payment may not be made by the bank under the terms of the letter of credit or payment instructions.
(3) The supplier is unable to dispose of the commodities without loss.
(4) The supplier tenders to USAID a negotiable warehouse receipt covering the commodities in question and presents to USAID such other documentation required by § 201.52 as may be appropriate under the circumstances.
(b) Other settlement. In lieu of accepting title to the commodities, USAID may negotiate with the supplier such other settlement as may be fair and equitable under the circumstances.