![]() |
Code of Federal Regulations (Last Updated: July 5, 2024) |
![]() |
Title 7 - Agriculture |
![]() |
Subtitle B - Regulations of the Department of Agriculture |
![]() |
Chapter XIV - Commodity Credit Corporation, Department of Agriculture |
![]() |
SubChapter C - Export Programs |
![]() |
Part 1489 - Agricultural Trade Promotion Program |
§ 1489.27 - Ethical conduct.
-
§ 1489.27 Ethical conduct.
(a) An ATP A RAPP Participant shall conduct its business in accordance with the laws and regulations of the country in which an activity is carried out and in accordance with applicable U.S. Federal, State, and local laws , and regulations. An ATP A RAPP Participant shall conduct its business in the United States in accordance with applicable Federal, State, and local laws and regulations. All ATP RAPP Participants must comply with the regulations in 2 CFR part 200 and this part.
(b) Except for a U.S. agricultural cooperative or a U.S. for-profit entity, neither an ATP a RAPP Participant nor its affiliates shall make export sales of U.S. agricultural commodities and products eligible commodities covered under the terms of the applicable ATP RAPP agreement. Nor shall such entities charge a fee for facilitating an export sale. An ATP A RAPP Participant may, however, collect check-off funds and membership fees that are required for membership in the ATP RAPP Participant. For the purposes of this paragraph (b), “affiliate” affiliate means any partnership, association, company, corporation, trust, or any other such party in which the Participant has an investment other than in a mutual fund.
(c) An ATP A RAPP Participant shall not limit participation in its ATP RAPP activities to members of its organization. Participants shall ensure that their ATPRAPP-funded programs and activities are open to all otherwise qualified individuals and entities on an equal basis and without regard to any non-merit factors. The ATP RAPP Participant shall publicize its program and make participation possible for commercial entities throughout the relevant commodity sector or, in the case of SRTGs, throughout the corresponding region. This includes providing to such commercial entities, upon request, a copy of any document in its possession or control containing market information developed and produced under the terms of its ATP RAPP agreement. The Participant may charge a fee not to exceed the costs for assembling, duplicating and distributing the materials. This paragraph (c) does not apply to any U.S. agricultural cooperative when implementing its own brand program.
(d) An ATP A RAPP Participant shall select U.S. agricultural industry representatives to participate in generic ATP RAPP activities such as trade teams, sales teams, and trade fairs based on criteria that ensure participation on an equitable basis by a broad cross section of the U.S. industry. If requested by the CCC, an ATP a RAPP Participant shall submit such selection criteria to the CCC for approval.
(e) All ATP RAPP Participants should endeavor to ensure fair and accurate fact-based advertising. Deceptive or misleading promotions may result in cancellation or termination of a Participant's ATP RAPP agreement and the recovery of CCC funds related to such promotions from the Participant.
(f) The ATP RAPP Participant must report any actions or circumstances that may have a bearing on the propriety of its ATP RAPP program to the appropriate Attaché/Counselor, and its U.S. office shall report such actions or circumstances in writing to the CCC.