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the nature and requirements of all formal and informal procedures available;
(3) Rules of procedure, descriptions of forms available or the place at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
(4) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the Agency; and
(5) Every amendment, revision or repeal of the foregoing.
(b) A.I.D. Public Notice No. 1 and the A.I.D. Regulations published in Chapter II of Title 22, and in Sub-Title A, Chapter 7 of Title 41 of the Code of Federal Regulations, implement the provisions of this section. § 212.12 Effect of nonpublication.
Except to the extent that a person has actual and timely notice of the terms thereof, no person shall in any manner be required to resort to, or be adversely affected by any A.I.D. matter required to be published in the FEDERAL REGISTER and not so published. § 212.13 Incorporation by reference.
For purposes of this Subpart B, A.I.D. matter which is reasonably available to the class of persons affected thereby is deemed to be published in the FEDERAL REGISTER when it has been incorporated by reference therein with the approval of the Director of the Federal Register. Subpart -Availability of Informa
tion for Public Inspection and
Copying § 212.21 Public records.
In accordance with this subpart, A.I.D. makes the following information and materials available for public inspection and copying:
(a) All final opinions (including concuring and dissenting opinions), and all orders made in the adjudication of cases;
(b) Those statements of policy and interpretations which have been adopted by the Agency and are not published in the FEDERAL REGISTER; and
(c) Administrative staff manuals and instructions to staff that affect any member of the public,
$ 212.22 Protection of personal privacy.
To the extent required to prevent a clearly unwarranted invasion of personal privacy, the Agency may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, or staff manual or instruction, and will, in each such case, explain in writing the justification for the deletion. $ 212.23 Current index.
The Agency maintains and makes available for public inspection and copying a current index providing identifying information for the public as to any matter which is issued, adopted, or promulgated after July 4, 1967, and which is required by § 212.21 to be made available or published. 8212.24 Effect of noncompliance.
No final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects any member of the public will be relied upon, used, or cited as precedent by the Agency against any private party unless it has been indexed and either made available or published as provided by this subpart, or unless that private party shall have actual and timely notice of the terms thereof. $ 212.25 Offices where materials
available. The materials required to be made available for public inspection and copying in accordance with this subpart are available to members of the public who apply in person (a) to the Director, Information Staff, Agency for International Development, Department of State, 21st and Virginia Avenue NW., Washington, D.C. 20523; (b) overseas, to the Director, USAID, care of American Embassy, in the countries in which AID has offices abroad. The schedule of fees which is prescribed for the copying service is set forth in § 212.34. Subpart D-Access to Identifiable
Records $ 212.31 Access to identifiable records.
Upon request for identifiable records made in accordance with the provisions of this subpart the Agency for International Development will make such records promptly available to any person, except the following: (a) Matters published in the FEDERAL REGISTER pursuant
to Subpart B; (b) matters made avail- tion. The General Counsel shall be conable to the public pursuant to Subpart sulted prior to a decision to deny access. C; and (c) matters exempt from dis- (c) A member of the public who has closure pursuant to $ 212.41.
been denied access to an identifiable $ 212.32 Identification of records.
record pursuant to this section may ap
peal such decision. The appeal shall be The request for a record by a member
in writing addressed to the Administraof the public must contain a reasonably
tor or Deputy Administrator, Agency for specific description of the particular record sought, such as the subject matter,
International Development, 21st and
Virginia Avenue NW., Washington, D.C. format, approximate date, and where
20523. It should contain the identity of pertinent, the name of the country or
the specific record sought and withheld, person involved, facilitate the search
a copy of the initial decision to deny acfor the requested record.
cess, and any other information that will $ 212.33 Procedure for making requests. enable the Administrator or Deputy
(a) Access to identifiable records may Administrator to make the final decision. be requested by a member of the public
§ 212.35 Schedule of fees and method either in person from 9 a.m. to 5 p.m.
of payment for services rendered. Monday through Friday, except on Holidays, or by mail, from the Director, In
(a) The following specific fees shall formation Staff, Agency for International
be applicable with respect to services Development, Room 4898, Department
rendered to members of the public under of State, 21st and Virginia Avenue NW.,
this subpart: Washington, D.C. 20523. Requests may (1) Searching for records, per hour or be made in person or by mail to the Di
$3.50 rector, USAID, care of American Em- (2) Other facilitative services and in
dex assistance minimum charge, bassy, in countries where AID has
per hour or fraction thereof.
3.50 offices abroad. If the USAID office abroad
(3) Copies made by photostat or otherdoes not have the record requested the
wise (per page)
.40 member of the public will be so informed (4) Certification of each record as a and the inquirer will be referred to the
.75 Director, Information Staff in Washing- (5) Certification of each record as a ton for the requested information.
true copy, under the seal of the
1.00 (b) In view of the decentralized nature of the files of the Agency it will
(6) For each signed statement of nega
tive results of search for record.-- 1.00 generally not be possible to make the
(7) For each signed statement of nonrequested records available for access
availability of record..
No fee immediately but records will be made available as promptly as possible.
(b) When no specific fee has been es(c) Original or record copies of rec
tablished for a service, or the request for ords will not be permitted to be released
a service does not fall under one of the from Agency files. Copies, duly certified
above categories due to the amount or upon request, will be furnished in lieu
size or type thereof, the Director, Inforthereof, upon payment of the prescribed
mation Staff, or the Director, USAID, fee. See $ 212.35.
is authorized to establish an appropriate (d) Requests for records which orig
fee pursuant to the criteria established inated in another Agency will be referred
in Bureau of the Budget Circular No. to the originating Agency for appro
A-25, entitled “User Charges." priate action.
(c) When a request for identifiable
records is made by mail pursuant to $ 212.34 Denial of request for access to § 212.33, it should be accompanied by records.
remittance of the total fee chargeable, as (a) If a request for access to an identi- well as a self-addressed stamped envefiable record is denied, the person sub- lope, if special mail services are desired. mitting the request will be promptly (d) Fees must be paid in full prior to advised of the denial and furnished the issuance of requested copies of records. specific reasons therefor in writing.
If uncertainty as to the existence of a (b) The denial of a request from a record, or as to the number of sheets to member of the public for access to an be copied or certified precludes remitting identifiable record may be made only by the exact fee chargeable with the rethe Director, Information Staff, or the quest, the Agency will inform the interAssistant Administrator for Administra- ested party of the exact amount required. (e) Payment shall be in the form of a bility of the withholding exemptions set check, bank draft, money order, or if forth in § 212.41 shall consult the Dipersonally delivered may be made in rector, Information Staff, prior to recash. Remittances shall be made payable lease of a record for which access has to the order of the Agency for Interna- been requested from a member of the tional Development. The Agency will as- public. sume no responsibility for cash which is
Subpart F-Access to Classified Forlost in the mail. (f) A receipt for fees paid will be given
eign Policy Records for Nonofficial only upon request. Refund of fees paid
Research Purposes for services actually rendered will not
§ 212.51 General policy. be made.
(a) In accordance with the policy of Subpart E-Exemptions From the Department of State, the Agency for Disclosure
International Development permits ac
cess to its classified foreign policy rec§ 212.41 Exemptions from the publica
ords by individuals engaged in private tion and disclosure requirements of
research as liberally as possible, conSubparts B, C, and D.
sistent with the national interest, the None of the provisions of Subparts B, maintenance of friendly relations with C, and D which provide for publication other nations, the efficent operation of and disclosure of certain information the agency, and the administrative feasiand records shall be applicable to mat- bility of servicing requests for access to ters that are:
such records. (a) Specifically required by Executive (b) Access for research in the classiOrder to be kept secret in the interest of fied foreign policy records in A.I.D.'s national defense or foreign policy;
custody will be governed by the regula(b) Related solely to the internal per- tions of the Department of State in resonnel rules and practices of the spect thereto. Application for such access agency;
may be made to the Director, Informa(c) Specifically exempted from dis- tion Staff, Agency for International Declosure by statute;
velopment, 21st and Virginia Avenue (d) Trade secrets and commercial or NW., Washington, D.C. 20523. The Direcfinancial information obtained from any tor, Information Staff, in consultation person and privileged or confidential;
with the Director, Historical Office, De(e) Interagency or intra-agency mem
partment of State, will determine the orandums or letters which would not be
action to be taken and advise the reavailable by law to a private party in
searcher. The regulations of the Delitigation with the Agency;
partment are in § 6.9 of Part 6, Chapter (f) Personnel and medical files and
1, of Title 22 of the Code of Federal similar files the disclosure of which
Regulations. would constitute a clearly unwarranted invasion of personal privacy;
PART 213—COLLECTION OF CIVIL (g) Investigatory files compiled for CLAIMS BY THE AGENCY FOR law enforcement purposes except to the INTERNATIONAL DEVELOPMENT extent available by law to a private party;
Subpart A-General Collection Standards (h) Contained in or related to exami
Sec. nation, operating, or condition reports
213.1 Applicability of prescribed standards.
213.2 Exceptions to applicability. prepared by, on behalf of, or for the use
213.3 Omission not a defense. of any agency responsible for the regula
213.4 Subdivision and joining of claims. tion or supervision of financial institu- 213.5 Fraudulent claims. tions; and
Subpart B-Administrative Collection of Claims (i) Geological and geophysical infor
213.11 Prescribed standards. mation and data (including maps) con- 213.12 Interest. cerning wells.
Subpart C—Compromise of Claims 8 212.42 Guidance in application of ex- 213.21 Prescribed standards. emptions.
Subpart D-Suspension or Termination of Any officer or employee of the Agency
Collection Action who has doubts concerning the applica- 213.31 Applicability.
Subpart Referral to the General Accounting
Office or to the Department of Justice Sec. 213.41 Prescribed standards.
AUTHORITY: The provisions of this part 213 issued under sec. 621, 75 Stat. 445, sec. 3, 80 Stat. 308; 22 U.S.C. 2402, 31 U.S.C. 952; 4 CFR, Ch. II.
SOURCE: The provisions of this Part 213 contained in A.I.D. Regulation 13, 33 F.R. 6811, May 4, 1968, unless otherwise noted. Subpart A-General Collection
Standards § 213.1 Applicability of prescribed
standards. The Joint Regulations of the Attorney General and the Comptroller General set forth in Chapter II of Title 4 of the Code of Federal Regulations prescribe standards for the administrative collection, compromise, termination, or suspension of agency collection action, and referral to the General Accounting Office and to the Department of Justice for litigation, of civil claims by the Federal Government for money or property. Except as set forth in this part, these standards (prescribed standards) shall be applied by the Agency for International Development (hereinafter designated as A.I.D.) with respect to its claims for money or property. § 213.2 Exceptions to applicability.
(a) The prescribed standards are not applicable to claims arising as a result
A.I.D. requires a different course of action. § 213.3 Omission not a defense.
Failure by the A.I.D. to comply with any of the provisions of the prescribed standards or of the provisions of this part shall not be available as a defense to any debtor. $ 213.4 Subdivision and joining of
claims. (a) A debtor's liability arising from a particular transaction or contract (for example, each individual Supplier's Certificate and Agreement with A.I.D.Form 282) shall be considered as a single claim in determining whether the claim is one not exceeding $20,000 exclusive of interest for the purpose of compromise or termination of collection action. Such a claim may not be subdivided to avoid the monetary ceiling established by the Federal Claims Collection Act of 1966.
(b) The joining of two or more single claims in a demand upon a debtor for a payment exceeding $20,000 does not preclude compromise or termination of collection action with respect to any one of such claims which does not exceed this amount exclusive of interest. § 213.5 Fraudulent claims.
Any claim as to which there is an indication of fraud, the presentation of a false claim, or misrepresentation on the part of the debtor or any other party having an interest in the claim shall be handied as set forth in 4 CFR 101.3. Subpart B-Administrative Collection
of Claims § 213.11 Prescribed standards.
The prescribed standards applicable to the administrative collection of claims are set forth in 4 CFR Part 102. § 213.12 Interest.
Under 4 CFR 102.10, A.I.D. may forego the collection of prejudgment interest as an inducement to voluntary payment in cases where such interest is not mandated by statute, contract, or regulation. However, in cases where the debt arises from an overpayment, prejudgment interest shall be collected from the date of such overpayment if the amount involved and the length of time during which the debtor had use of A.I.D. funds warrant such action.
(1) Loans and sales for which collection and compromise authority is conferred by section 635 (g) (2) of the Foreign Assistance Act of 1961, as amended;
(2) Investment guaranty operations for which settlement and arbitration authority is conferred by section 635(i) of the Foreign Assistance Act of 1961,
(b) The prescribed standards are not applicable to claims against any foreign country or any political subdivision thereof, or any international organization.
(c) The prescribed standards are not applicable in any instance where the Administrator of A.I.D. or his designee determines that the achievement of the purposes of the Foreign Assistance Act of 1961, as amended, or any other Act in whole or in part administered by
Subpart C—Compromise of Claims $ 213.21 Prescribed standards.
The prescribed standards applicable to compromise of claims are set forth in 4 CFR Part 103. These standards apply to the compromise of any claim which does not exceed $20,000 exclusive of interest. Subpart D-Suspension or Termina
tion of Collection Action $ 213.31 Applicability.
The prescribed standards applicable to suspension or termination of collection action are set forth in 4 CFR Part 104.
These standards apply to any claim which does not exceed $20,000 exclusive of interest. Subpart - Referrals to the General
Accounting Office or to the De
partment of Justice $ 213.41 Prescribed standards.
The prescribed standards applicable to referrals of claims to the General Accounting Office or to the Department of Justice for litigation are set forth in 4 CFR Part 105. Claims shall be referred to the General Accounting Office or to the Department of Justice, as appropriate.