[Federal Register Volume 62, Number 136 (Wednesday, July 16, 1997)]
[Rules and Regulations]
[Pages 38026-38027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18694]
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INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
Agency for International Development
22 CFR Part 201
[A.I.D. Reg. 1]
RIN 0412-AA-33
Rules and Procedures Applicable to Commodity Transactions
Financed by A.I.D.: Source, Origin and Nationality
AGENCY: Agency for International Development, IDCA.
ACTION: Final rule.
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SUMMARY: The U.S. Agency for International Development (USAID) is
amending its Regulation 1 to replace the coverage on source, origin and
nationality of commodities and commodity-related services with
references to the ``Rules on Source, Origin and Nationality For
Commodities and Services'' in part 228 of chapter II of Title 22 of the
Code of Federal Regulations. Also, the acronym ``USAID'' is replacing
``A.I.D.'' throughout the regulation.
EFFECTIVE DATE: August 15, 1997.
FOR FURTHER INFORMATION CONTACT:
Kathleen J. O'Hara, Office of Procurement, Procurement Policy Division
(M/OP/PP), USAID, Room 1600 A, Washington, DC 20523-1435. Telephone
(703) 875-1534, facsimile (703) 875-1243.
SUPPLEMENTARY INFORMATION: USAID published a notice of proposed
[[Page 38027]]
rulemaking on February 5, 1996 (61 FR 4240) which covered rules on
source, origin and nationality of commodities and services.
The final rule was published on October 15, 1996 (61 FR 53615),
effective November 14, 1996, adding part 228 to Title 22 of the Code of
Federal Regulations. The substantive changes made to Regulation 1 in
this notice incorporate the applicable rules of part 228 by reference.
USAID has determined that this rule is not a significant regulatory
action under Executive Order 12866. The rule has been reviewed in
accordance with the requirement of the Regulatory Flexibility Act.
USAID has determined that the rule will not have a significant economic
impact on a substantial number of small entities, and, therefore, a
Regulatory Flexibility Analysis is not required. There are no
information collection requirements in this rule as contemplated by the
Paperwork Reduction Act.
List of Subjects in 22 CFR Part 201
Administrative practice and procedure, Commodity procurement--
foreign relations.
For the reasons set out in the preamble, 22 CFR part 201 is amended
as follows.
1. The authority citation continues to read as follows:
Authority: 22 U.S.C. 2381.
PART 201--[AMENDED]
2. Part 201 is amended by removing ``A.I.D.'' wherever it appears
and adding ``USAID'' in its place; by removing ``A.I.D.-financed''
wherever it appears and adding ``USAID-financed'' in its place; and by
removing ``A.I.D./W'' wherever it appears and adding ``USAID/W'' in its
place.
3. Section 201.11, is amended by revising paragraphs (b), (e) and
(j) to read as follows:
Sec. 201.11 Eligibility of commodities.
* * * * *
(b) Source. The authorized source for procurement shall be a
country or countries authorized in the implementing document by name or
by reference to a USAID geographic code. The source and origin of a
commodity must be an authorized source country. The applicable rules on
source, origin and nationality for commodities and commodity-related
services are in subparts (B), (C), and (F) of part 228 of this chapter.
* * * * *
(e) Marine insurance. In accordance with the provisions of
Sec. 228.23 of this chapter, USAID may require that any USAID-financed
commodity shipped to the cooperating country shall be insured against
marine risks and that such insurance shall be placed in the United
States with a company or companies authorized to do marine insurance
business in a State of the United States.
* * * * *
(j) Purchases from eligible suppliers. Commodities procured with
funds made available under this part 201 shall be purchased from
eligible suppliers. The rules on the nationality of suppliers of
commodities are in section 228.14 of this chapter.
* * * * *
4. Section 201.12 is amended by revising paragraph (d) and adding a
new paragraph (e) as follows:
Sec. 201.12 Eligibility of incidental services.
* * * * *
(d) The supplier of such services, prior to approval of the USAID
Commodity Approval Application, has neither been suspended or debarred
by USAID under part 208 of this chapter, nor has been placed on the
``Lists of Parties Excluded from Federal Procurement or Nonprocurement
Programs,'' published by the U.S. General Services Administration.
(e) The supplier of such services meets the requirements of
Sec. 228.25 of this chapter.
5. Section 201.13 is amended by revising paragraphs (a), (b) and
(c) as follows:
Sec. 201.13 Eligibility of delivery services.
(a) General. Delivery of USAID-financed commodities may be financed
under the implementing document provided the delivery services meet the
requirements of this section and the applicable provisions in part 228,
subpart C of this chapter.
(b) Transportation costs. USAID will not finance transportation
costs:
(1) For shipment beyond the point of entry in the cooperating
country except when intermodal transportation service covering the
carriage of cargo from point of origin to destination is used, and the
point of destination, as stated in the carrier's through bill of
lading, is established in the carrier's tariff; or
(2) On a transportation medium owned, operated or under the control
of any country not included in Geographic Code 935; or
(3) Under any ocean or air charter covering full or part cargo
(whether for a single voyage, consecutive voyages, or a time period)
which has not received prior approval by USAID/W, Office of
Procurement, Transportation Division); or
(4) Which are attributable to brokerage commissions which exceed
the limitations specified in Sec. 201.65(h) or to address commissions,
dead freight, demurrage or detention.
(c) Inspection services. USAID will finance inspection of USAID-
financed commodities when inspection is required by USAID, or in those
cases where inspection is required by the importer and such inspection
is specified in the purchase contract, performed by independent
inspectors and is either customary in export transactions for the
commodity involved or is necessary to determine conformity of the
commodities to the contract. Section 228.24 of this chapter covers the
nationality requirements for suppliers of inspection services.
* * * * *
6. Section 201.14 is amended by adding a sentence at the end of the
paragraph as follows:
Sec. 201.14 Eligibility of bid and performance bonds and guaranties.
* * * Nationality requirements for sureties, insurance companies or
banks who issue bonds or guaranties under A.I.D.-financed transactions
are set forth in Sec. 228.38(b) of this chapter.
Dated: May 12, 1997.
Marcus L. Stevenson,
Procurement Executive.
[FR Doc. 97-18694 Filed 7-15-97; 8:45 am]
BILLING CODE 6116-01-M
