§ 1484.34 - Ethical conduct.  


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  • § 1484.34 Must Cooperators adhere to specific standards of ethical conduct?Ethical conduct.

    (a) A Cooperator shall conduct its business in accordance with the laws and regulations of the country(s) in which each activity is carried out and in accordance with applicable U.S. Federal, state, and local laws and regulations. A Cooperator shall conduct its business in the United States in accordance with applicable Federal, state, and local laws and regulations.

    (b) Neither a Cooperator nor its affiliates shall make export sales of agricultural eligible commodities covered under the terms of a project an agreement. Neither a Cooperator nor its affiliates shall charge a fee for facilitating an export sale. For the purposes of this paragraph, “affiliate” means any partnership, association, company, corporation, trust, or any other such party in which the Cooperator has an investment, other than a mutual fund. A Cooperator may collect check-off funds and membership fees that are required for membership in the Cooperator's organization.

    (c) The Cooperator shall not use program activities or program project funds to promote private self-interests or conduct private business, except as members of sales trade teams.

    (d) A Cooperator shall not limit participation in its FMD activities to members of its organization. Cooperators shall ensure that their FMD-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.

    (e) A Cooperator shall select U.S. agricultural industry representatives to participate in activities such as trade teams or 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 CCC, a Cooperator shall submit such selection criteria to

    FAS

    CCC for approval.

    (

    e

    f) All Cooperators should endeavor to ensure fair and accurate fact-based advertising. Deceptive or misleading promotions may result in cancellation or termination of

    a project agreement.

    (fan agreement and recovery of CCC funds related to such promotions from the Cooperator.

    (g) The Cooperator must report any actions or circumstances that may have a bearing on the propriety of program activities to the

    Attache

    appropriate Attaché/Counselor, and the Cooperator's U.S. office shall report such actions or circumstances in writing to

    the appropriate Division Director

    CCC.