§ 945.1

Connections to weather communications systems.

The National Weather Service uses a number of federally operated weather communications systems in support of its internal operations. Connections to these circuits, for receiving purposes only, are permitted to be made by qualified organizations or individuals. Application to connect to these circuits should be made to the Director, National Weather Service, Silver Spring, Md. 20910.

§ 945.2 Time of release of weather information affecting crops.

(a) Bulletins or radio broadcasts giving agricultural weather information are released at 10 a.m. each workday during the growing season in the affected areas.

(b) Weekly Weather and Crop Bulletins containing a synopsis of weather conditions and their effect on crops and farming operations (which show snow and ice conditions during the season) are released simultaneously at Washington, D.C., and approximately 45 field stations at 12 noon e.s.t., on Tuesday, or on Wednesday if Monday or Tuesday is a holiday.

(c) Because of the influence that might be exerted upon the market value of the products of the soil by the information contained in the weather and crop bulletins, the law provides a fine of $10,000 or imprisonment of 10 years, or

both, for any responsible Government official who wilfully imparts any information of speculative value contained in the bulletins before the times of release to the public (18 U.S.C. 1902). § 945.3 False weather reports.

Whoever knowingly issues or publishes any counterfeit forecast or warning of weather conditions falsely representing such forecast or warning to have been issued or published by the National Weather Service * * * shall be fined not more than $500, or imprisoned not more than 90 days, or both (18 U.S.C. 2074).

§ 945.4 Certified data for use in court.

(a) 28 U.S.C. 1733 provides that authenticated copies of any books, records, papers, or other documents in any of the executive departments shall be admitted in evidence in courts of law equally with the originals thereof.

(b) All field stations and the Washington office are prepared to furnish applicants with duly certified copies of original or published weather records that are necessary for legal purposes, upon payment of appropriate fees to recover the reproduction, certification, and other related costs.

§ 945.5

Appearance in court of weather bureau employees.

In all cases of private litigation where it is required that an employee produce records or testify, it is necessary that he be duly subpoenaed to appear in court as an official of the Service. As the Federal Government will be deprived of his services while so testifying, the employee will collect the authorized witness fees and allowances for expenses of travel and subsistence, all of which he is required to account for to the Service. Arrangements should be made with the court to set a time for the appearance of an employee that will not interfere with important duties that would result in injury to interests of the community by delay in issuing important weather forecasts and danger warnings (15 Comp. Gen. 196).

§ 945.6 Agreements for radio and television weather broadcasts.

(a) Radio stations often desire to make special arrangements for the broadcast of daily weather forecasts, special warnings, and other weather information under commercial sponsorship. In such cases the National Weather Service obtains an agreement setting forth conditions under which the broadcasts are to be made. This agreement specifies the regular time schedules of the broadcast; that the information be given exactly as issued by the Service; that while it is permissible to announce immediately before and at the conclusion of the weather broadcast that it is furnished by the courtesy of a sponsor, care must be exercised to avoid the implication that the forecasts are made or paid

for by the advertiser; and that there shall be nothing in the announcement associated with weather broadcasts to indicate that the National Weather Service or the Government endorses the sponsor or the product advertised.

(b) An agreement is also required between the National Weather Service and any radio or television station that wishes to install equipment or make other arrangements for direct broadcasts from a National Weather Service office.

(c) No charge is made to the radio or television stations or the sponsor for weather information intended for public distribution. However, if there are communication tolls or leased wire charges in connection with the delivery of such information to the radio or television stations, such charges are borne by the radio or television stations or the sponsor.

AUTHORITY: The provision of this Part 1000 issued under sec. 5, 40 Stat. 415, as amended 12 U.S.C. 95a; E.O. 11387, Jan. 1, 1968, 33 F.R. 47.

NOTE: For interpretive analysis and statements in reference to Part 1000, see the List of Sections Affected.

Subpart A-Relation of This Part to Other Laws and Regulations

§ 1000.101 Relation of this part to other laws and regulations.

(a) This part is independent of 31 CFR, Chapter V. The prohibitions contained in this part are in addition to the prohibitions contained in said Chapter V. No license contained in or issued pursuant to said Chapter V shall be deemed to authorize any transaction prohibited by this part, nor shall any license or authorization issued pursuant to any other provision of law be deemed to authorize any transaction so prohibited.

(b) No authorization or exemption contained in or issued pursuant to this part shall be deemed to authorize any transaction to the extent that it is prohibited by reason of the provisions of any law or statute other than 12 U.S.C. 95a, as amended, or any proclamation, order, or regulation other than those contained in or issued pursuant to Executive Order 11387 or this part.

(c) No authorization or exemption contained in or issued pursuant to this part shall be deemed to authorize any transaction to the extent that it is prohibited by reason of the provisions of any part of Title 31 CFR. [33 F.R. 49, Jan. 3, 1968]

Subpart B-Prohibitions

§ 1000.201 Prohibited direct investment in affiliated foreign nationals.

(a) Except as provided in this part, and as otherwise permitted by the Secretary of Commerce (hereinafter referred to as the Secretary) by means of rulings, instructions, authorizations, waivers, exemptions or otherwise, positive direct investment by a direct investor in affiliated foreign nationals of such direct investor in Schedule A, B, or C countries is prohibited during any year (as defined in § 1000.321) commencing with the effective date.

(b) (1) All transactions prohibited by section 1 of Executive Order 11387 which are not prohibited by this part are hereby authorized.

(2) To the extent delineated from time to time by the Board of Governors of the Federal Reserve System nothing in this part shall apply to any bank or other financial institution certified by the Board as being subject to the Federal Reserve Foreign Credit Restraint Program, or to any program instituted by the Board under section 2 of Executive Order 11387.

(c) Nothing contained in this part shall be construed to limit the right of a person within the United States to make a bona fide transfer of capital or earnings in the ordinary course of business to a foreign national in respect of an interest in such person held by such foreign national.

(d) In addition to all other powers reserved to the Secretary in this part, the Secretary may in his discretion, as to any direct investor, amend or revoke the authorizations set forth in this part by reducing the amount of positive direct investment, positive net transfers of capital and reinvestment of earnings authorized in any scheduled area during a year, by limiting the application of such authorizations and exemptions and of § 1000.201 from "during any year" to periods shorter than a year, and by otherwise imposing such conditions as the Secretary shall deem appropriate to carry out the purposes of this part. In exercising his discretion with respect to any direct investor, the Secretary may consider, among other factors, the following:

(1) Whether the positive direct investment, positive net transfers of capital or reinvestment of earnings by such direct investor in any scheduled area during any quarter is, or may reasonably be estimated to be, materially in excess of 25 percent of the amount thereof generally authorized to such direct investor during the year;

(2) Whether the transactions resulting in such excess during such quarter are in accordance with the customary business practices of the direct investor; and

(3) Whether the direct investor has complied with the provisions of Subpart F of this part.

[33 F.R. 8659, June 13, 1968, as amended at 33 F.R. 11070, Aug. 17, 1968; 34 F.R. 9067, June 7, 1969]

§ 1000.203 Liquid foreign balances. (a) For purposes of this section:

(1) The term "foreign balances" means money on deposit in a foreign bank (as defined in § 1000.317), including certificates of deposit and fixed interest deposits of such a bank, negotiable instruments, nonnegotiable instruments acquired after June 30, 1968 and commercial paper of an unaffiliated foreign national (other than negotiable instruments, nonnegotiable instruments or commercial paper arising from the export by the direct investor of goods or services from the United States to foreign nationals) and securities issued or guaranteed by a foreign country.

(2) The term "liquid foreign balances" means foreign balances (as defined in subparagraph (1) of this paragraph) other than (i) those negotiable instruments, nonnegotiable instruments, commercial paper and securities which are acquired on or before June 30, 1968, and which are not redeemable at the option of the direct investor and are not transferable and readily marketable; (ii) bank deposits, negotiable instruments, nonnegotiable instruments, commercial paper and securities with a period of more than 1 year remaining to maturity when acquired by the direct investor and which are not redeemable in full at the option of the direct investor within a period of 1 year after such acquisition; (iii) foreign balances which are subject to restrictions of a foreign country on liquidation and transfer; and (iv) foreign balances which have been pledged or hypothecated in connection with borrowings by a direct investor or its affiliated foreign nationals.

(3) [Reserved]

(4) Foreign balances shall be deemed to be held by a direct investor if title to such balances is held (i) by any person (including an affiliated foreign national of the direct investor) principally formed or availed of for the purpose of holding title to such balances; or (ii) by any person (including an affiliated foreign national of the direct investor), if such balances are returnable to the direct investor on its demand without material conditions and if the holding of such balances is unrelated to the business needs of such person.