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advise the applicant or recipient that the matter in question has been set down for hearing at a stated place and time. The time and place so fixed shall be reasonable and shall be subject to change for cause. The complainant, if any, shall be advised of the time and place of the hearing. An applicant or recipient may waive a hearing and submit written information and argument for the record. The failure of an applicant or recipient to request a hearing under this paragraph or to appear at a hearing for which a date has been set shall be deemed to be a waiver of the right to a hearing under section 602 of the Act and § 141.7(c) of this part and consent to the making of a decision on the basis of such information as is available.

(b) Time and place of hearing. Hearings shall normally be held at the offices of the Department in Washington, D.C., at a time fixed by the responsible Department official. Hearings shall be held before an official designated by the Secretary other than the responsible Department official.

(c) Right to counsel. In all proceedings under this section, the applicant or recipient and the Department shall have the right to be represented by counsel.

(d) Procedures, evidence, and record. (1) The hearing, decision, and any administrative review thereof shall be conducted with as much conformity as is practicable with sections 5--8 of the Administrative Procedure Act, and in accordance with such rules of procedure as are proper (and not inconsistent with this section) relating to the conduct of the hearing, giving of notices subsequent to those provided for in paragraph (a) of this section, taking of testimony, exhibits, arguments and briefs, requests for findings, and other related matters. Both the Department and the applicant or recipient shall be entitled to introduce all relevant evidence on the issues as stated in the notice for hearing or as determined by the officer conducting the hearing at the outset of or during the hearing.

(2) Technical rules of evidence shall not apply to hearings conducted pursuant to this part, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by crossexamination shall be applied where reasonably necessary by the officer conducting the hearing. The officer presiding at the hearing may exclude irrelevant, im

material, or unduly repetitious evidence. All documents and other evidence offered or taken for the record shall be open to examination by the parties and opportunity shall be given to refute facts and arguments advanced on either side of the issues. A transcript shall be made of the oral evidence except to the extent the substance thereof is stipulated for the record. All decisions shall be based upon the hearing record and written findings shall be made.

(e) Consolidated or Joint Hearings. In cases in which the same or related facts are asserted to constitute noncompliance with this part with respect to two or more programs to which this part applies, or noncompliance with this part and the regulations of one or more other Federal departments or agencies issued under Title VI of the Act, the Secretary may, by agreement with such other departments or agencies where applicable, provide for the conduct of consolidated or joint hearings, and for the application to such hearings of rules of procedures not inconsistent with this part. The Secretary may also transfer the hearing of any complaint to any other department or agency, with the consent of that department or agency, where Federal financial assistance to the applicant or recipient is substantially greater than that of the Department of State. Final decisions in all such cases, insofar as this part is concerned, shall be made in accordance with § 141.9. § 141.9 Decisions and notices.

(a) Decisions on record or review by the responsible Department official. The applicant or recipient shall be given reasonable opportunity to file with the officer presiding at the hearing briefs or other written statements of its contentions, and a copy of the final decision shall be given in writing to the applicant or recipient and to the complainant, if any. The officer presiding at the hearing shall render a decision on the matter.

(b) Decisions on record where a hearing is waived. Whenever a hearing is waived pursuant to § 141.8(a) a decision shall be made by the responsible Departmental official on the record and a copy of such decision shall be given in writing to the applicant or recipient, and to the complainant, if any.

(c) Rulings required. Each decision of an officer presiding at the hearing shall set forth his ruling on each finding, con

clusion, or exception presented, and shall identify the requirement or requirements imposed by or pursuant to this part with which it is found that the applicant or recipient has failed to comply.

(d) Appeal. Either party may appeal from a decision of the officer presiding at the hearing to the responsible Department official within 30 days of the mailing of the officer's decision. In the absence of such an appeal the decision of the officer presiding at the hearings shall constitute the final decision of the Department subject to paragraph (e) of this section.

(e) Approval by Secretary. Any final decision by an officer (other than the Secretary) which provides for the suspension or termination of, or the refusal to grant or continue Federal financial assistance, or the imposition of any other sanction available under this part or the Act, shall promptly be transmitted to the Secretary, who may approve such decision, may vacate it, or remit or mitigate any sanction imposed.

(f) Content of orders. The final decision may provide for suspension or termination of, or refusal to grant or continue Federal financial assistance, in whole or in part, under the program involved, and may contain such terms, conditions, and other provisions as are consistent with and will effectuate the purposes of the Act and this part, including provisions designed to assure that no Federal financial assistance will thereafter be extended under such program to the applicant or recipient determined by such decision to be in default in its performance of an assurance given by it pursuant to this part, or to have otherwise failed to comply with this part, unless and until it corrects its noncompliance and satisfies the responsible Department official that it will fully comply with this part. § 141.10 Judicial review.

Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. § 141.11 Effect on other regulations;

forms and instructions. Nothing in this part shall be deemed to supersede: Executive Orders 10925 and 11114 and regulations issued thereunder, or any other regulations or instructions, insofar as such regulations, or instructions prohibit discrimination on the ground of race, color, or national origin

in any program or situation to which this regulation is inapplicable, or prohibit discrimination on any other ground.

(a) Forms and instructions. Each responsible Department official shall issue, and promptly make available to interested persons, forms and detailed instructions and procedures for effectuating this part as applied to programs to which this part applies and for which he is responsible.

(b) Supervision and coordination. The Secretary may from time to time assign to officials of the Department, or to officials of other departments or agencies of the Government with the consent of such departments or agencies, responsibilities in connection with the effectuation of the purposes of Title VI of the Act and this part including the achievement of effective coordination and maximum uniformity within the Department and within the Executive Branch of the Government in the application of Title VI and this part to similar programs and in similar situations. § 141.12 Definitions.

As used in this part

(a) The term “Department" means the Department of State and includes each of its operating agencies and other organizational units except the Agency for International Development.

(b) The term "Secretary” means the Secretary of State.

(c) The term “responsible Department official” with respect to any program receiving Federal financial assistance means the official of the Department having responsibility within the Department for the program extending such assistance or such official of the Department as the Secretary designates.

(d) The term “United States” means the States of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and the territories and possessions of the United States, and the term “State” means any one of the foregoing.

(e) The term “Federal financial assistance" includes (1) grants and loans of Federal funds, (2) the grant or donation of Federal property and interests in property, (3) the detail of Federal personnel, and (4) any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance.

plan required to be approved by a responsible Department official, or by a primary recipient, as a condition to eligibility for Federal financial assistance, and the term “application” means such an application, request, or plan.

(f) The term “program” includes any program, project, or activity for the provision of services, financial aid, or other benefits to individuals whether provided through employees of the recipient of Federal financial assistance or provided by others through contracts or other arrangements with the recipient.

(g) The term “recipient” means any State, political subdivision of any State, or instrumentality of any State or political subdivision, any public or private agency, institution, or organization, or other entity, or any individual, in any State, to whom Federal financial assistance is extended directly or through another recipient, for any program, including any successor, assign, or transferee thereof, but such term does not include any ultimate beneficiary under any such program.

(h) The term “primary recipient” means any recipient which is authorized or required to extend Federal financial assistance to another recipient for the purpose of carrying out a program.

(i) The term “applicant” means one who submits an application, request, or

APPENDIX A

PROGRAMS AND ACTIVITIES TO WHICH THIS PART

APPLIES

1. Mutual understanding between people of the United States and the people of other countries by educational and cultural exchange studies, research, instruction and other educational activities-cultural exchanges (Mutual Educational and Cultural Exchange Act of 1961—75 Stat. 527-538).

2. Center for Cultural and Technical Interchange Between East and West-grant to State of Hawaii (Public Law 86–472, 74 Stat. 141).

3. Assistance to or in behalf of refugees designated by the President (Migration and Refugee Assistance Act of 1962–76 Stat. 121124).

4. Donations of certain foreign language tapes and other training material to public and private institutions (Regulations of Administrator of General Services relating to surplus property—41 CFR 101-6.2).

CHAPTER 11-AGENCY FOR INTERNATIONAL
DEVELOPMENT, DEPARTMENT OF STATE

Note: Section 621(b) of the Foreign Assistance Act of 1961, Public Law 87-195, 75 Stat. 424, abolished the International Cooperation Administration. The President, by Executive Order 10973 (26 F.R. 10469), delegated the functions of the abolished agency to the Secretary of State and directed him to establish the Agency for International Development in the Department of State. The Secretary of State established the Agency for International Development by Public Notice 199 (26 F.R. 10608). The Administrator of the Agency for International Development issued Delegation of Authority No. 3 (26 F.R. 10734) which directed:

"All delegations of authority, regulations, instructions, memoranda, or other similar documents (published or otherwise) of ICA and DLF in effect at the time of this order, shall, to the extent consistent with law, continue in effect except as they may be later modified or superseded.”

Part 200 201

202 203 205

207

208

Employees responsibilities and conduct.
Rules and procedures applicable to commodity transactions financed by

A.I.D.
Overseas shipments of supplies by voluntary nonprofit relief agencies.
Registration of agencies for voluntary foreign aid.
Per diem payments to participants in nonmilitary economic development

training programs.
Limitation on the employment of third country nationals for construction

work financed from United States foreign assistance funds.
Suppliers of commodities and commodity-related services ineligible for

A.I.D. financing
Non-discrimination in federally-assisted programs of the Agency for Inter-

national Development-effectuation of Title VI of the Civil Rights Act of

1964. Loyalty and security investigations for persons serving under contracts

financed from United States foreign assistance funds. Transfer of food commodities for use in disaster relief and economic develop

ment, and other assistance. Public information. Collection of civil claims by the Agency for International Development.

209

210

211

212 213

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Subpart G-Price Provisions 201.60 Purpose and applicability of this

subpart. 201.61 Meaning of terms in this subpart. 201.62 Responsibilities of borrower/grantee

and of supplier. 201.63 Maximum prices for commodities. 201.64 Application of the price rules to com

modities. 201.65 Commissions, service payments, and

discounts. 201.66 Side payments. 201.67 Maximum freight charges. 201.68 Maximum prices for commodity-re

lated services. 201.69 Commodity price subject to escala

tion. Subpart H—Rights and Responsibilities of

Banks 201.70 Purpose. 201.71 Terms of letters of credit. 201.72 Making payments. 201.73 Limitations on the responsibilities of

banks. 201,74 Additional documents for A.I.D. 201.75 Termination or modification.

PART 201-RULES AND PROCEDURES

APPLICABLE TO COMMODITY
TRANSACTIONS FINANCED BY

A.I.D. Subpart A-Definitions and Scope of This Part Sec. 201.01 Definitions. 201.02 Scope. Subpart B-Conditions Governing the Eligibility

of Procurement Transactions for A.I.D. Fi

nancing 201.10 Purpose. 201.11 Eligibility of commodities. 201.12 Eligibility of incidental services. 201.13 Eligibility of delivery services. 201.14 Eligibility of bid bonds and perform

ance guaranties. 201.15 U.S.-flag vessel shipping requirement. Subpart C— Procurement Procedures

Responsibilities of Importers 201.20 Purpose. 201.21 Notice to supplier. 201.22 Formal competitive bid procedures. 201.23 Other procurement procedures. 201.24 Solicitation of bids and quotations. 201.25 Advance and progress payments for

custom-made commodities. 201.26 Bid bonds and performance guaran

ties. 201.27 Expenditure of marine insurance loss

payments. Subpart D- Responsibilities of Suppliers 201.30 Purpose. 201.31 Suppliers of commodities. 201.32 Suppliers of delivery services. 201.33 Prior review of proposed sales. Subpart E-General Provisions Relating to A.I.D.

Financing of Commodities and Commodity

Related Services 201.40 Purpose. 201.41 Audit and inspection, 201.42 Reexport of A.I.D.-financed commod

ities. 201.43 Diversion clause. 201.44 Vesting in A.I.D. of title to commod

ities. 201.45 Termination or modification of a

loan, grant, or implementing document.

Subpart Rights and Remedies of A.I.D.,

Waiver Authority, and Transitory Provisions 201.80 Purpose. 201.81 Rights of A.I.D. against borrower/

grantees. 201.82 Rights of A.I.D. against suppliers. 201.83 No waiver of alternative rights or

remedies by A.I.D. 201.84 Limitation on period for making re

fund requests. 201.85 Waiver and amendment authority. 201.86 Continuation in effect of certain

prior issuances. Appendix AMS upplier's Certificate and

Agreement with the Agency for International Develop

ment (A.I.D. 282 (1–1–67)). Appendix B-Instructions for Notice of Pro

posed Procurement. Appendix C—Certificate and Agreement

With the Agency for International Development Concerning Commission and Service Payments Associated With Commodity Sales Financed With Foreign Assistance Funds (A.I.D. Form 283).

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