Code of Federal Regulations (Last Updated: November 8, 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 |
§ 1489.19 - Advances.
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§ 1489.19 Advances.
(a) Policy. In general, the CCC operates the ATP RAPP on a reimbursable basis.
(b) Exception. An ATP Participant for generic promotion activities A RAPP Participant may request an advance of ATP RAPP funds from the CCC for generic promotion activities, provided the ATP RAPP Participant meets the criteria for advance payments in 2 CFR part 200. The CCC will not approve any request for an advance submitted later than 3 months after the end of an ATP expiration date shown in the RAPP Participant's program periodagreement. At any given time, total payments advanced shall not exceed 40 percent of an ATP a RAPP Participant's approved generic activity budget for the program budget period. The CCC will not advance funds to an ATP a RAPP Participant for brand promotion activities. When approving a request for an advance, the CCC may require the ATP RAPP Participant to carry adequate fidelity bond coverage when the absence of such coverage is considered by the CCC to create an unacceptable risk to the interests of the ATPRAPP. Whether an “unacceptable risk” exists in a particular situation will depend on a number of factors, such as, for example, the Participant's history of performance in ATPRAPP; the Participant's perceived financial stability and resources; and any other factors presented in the particular situation that may reflect on the Participant's responsibility or the riskiness of its activities.
(c) Interest. An ATP A RAPP Participant shall deposit and maintain in an insured bank account in the United States all funds advanced by the CCC. The account shall be interest-bearing , unless the exceptions in 2 CFR part 200 apply. Interest earned by the ATP RAPP Participant on funds advanced by the CCC is not program income. The ATP RAPP Participant shall remit any interest earned on the advanced funds to the appropriate entity as set forth in the applicable parts of this title 2 CFR part 200.
(d) Refunds due the CCC. An ATP A RAPP Participant shall fully expend all advances on approved generic promotion activities within 90 calendar days after the date of disbursement by the CCCthe advance was approved in the UES. By the end of the 90 calendar days, the ATP RAPP Participant must submit reimbursement claims to offset the advance and or submit a check made payable to CCC for any unexpended balance. The ATP RAPP Participant shall make such payment in U.S. dollars, unless otherwise approved in advance, in writing, by the CCC.