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  <FDSYS>
    <CFRTITLE>7</CFRTITLE>
    <CFRTITLETEXT>Agriculture</CFRTITLETEXT>
    <VOL>10</VOL>
    <DATE>2001-01-01</DATE>
    <ORIGINALDATE>2001-01-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Sales and barter of commodities provided and use of proceeds.</TITLE>
    <GRANULENUM>1499.12</GRANULENUM>
    <HEADING>Section 1499.12</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 7" SEQ="4">Agriculture</PARENT>
      <PARENT HEADING="Subtitle B" SEQ="3">Regulations of the Department of Agriculture-(Continued)</PARENT>
      <PARENT HEADING="CHAPTER XIV" SEQ="2">COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE</PARENT>
      <PARENT HEADING="SUBCHAPTER C" SEQ="1">EXPORT PROGRAMS</PARENT>
      <PARENT HEADING="PART 1499" SEQ="0">FOREIGN DONATION PROGRAMS</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 1499.12</SECTNO>
    <SUBJECT>Sales and barter of commodities provided and use of proceeds.</SUBJECT>
    <P>(a) Commodities may be sold or bartered without the prior approval of CCC where damage has rendered the commodities unfit for intended program purposes and sale or barter is necessary to mitigate loss of value.</P>
    <P>(b) A Cooperating Sponsor may, but is not required to, negotiate an agreement with the host government under which the commodities imported for a sale or barter may be imported, sold, or bartered without assessment of duties or taxes. In such cases and where the commodities are sold, they shall be sold at prices reflecting prevailing local market value.</P>
    <P>(c) The Cooperating Sponsor shall deposit all sale proceeds into an interest-bearing account unless prohibited by the laws or customs of the importing country or CCC determines that to do so would constitute an undue burden. Interest earned on such deposits shall only be used for approved activities.</P>
    <P>(d) Except as otherwise provided in this part, the Cooperating Sponsor may use sale proceeds and resulting interest only for those purposes approved in the applicable Plan of Operation.</P>
    <P>(e) CCC will approve the use of sale proceeds and interest to purchase real and personal property where local law permits the Cooperating Sponsor to retain title to such property, but will not approve the use of sale proceeds or interest to pay for the acquisition, development, construction, alteration or upgrade of real property that is;</P>
    <P>(1) Owned or managed by a church or other organization engaged exclusively in religious activity, or</P>
    <P>(2) Used in whole or in part for sectarian purposes; <E T="03">except that,</E> a Cooperating Sponsor may use such sale proceeds or interest to pay for repairs or rehabilitation of a structure located on such real property to the extent necessary to avoid spoilage or loss of provided commodities but only if such structure is not used in whole or in part for any religious or sectarian purposes while the provided commodities are stored in such structure. When not approved in the Plan of Operation, such use may be approved by the Agricultural Counsellor or Attache.</P>
    <P>(f) The Cooperating Sponsor shall follow commercially reasonable practices in procuring goods and services and when engaging in construction activity in accordance with the approved Plan of Operation. Such practices shall include procedures to prevent fraud, self-dealing and conflicts of interest, and shall foster free and open competition to the maximum extent practicable.</P>
    <P>(g) To the extent required by the Program Agreement, the Cooperating Sponsor shall submit to the Controller, CCC, and to the Director, PDD, an inventory of all assets acquired with sale proceeds or interest or program income. In the event that its participation in the program terminates, the Cooperating Sponsor shall dispose, at the direction of the Director, PDD, of any property, real or personal, so acquired.</P>
    <CITA>[61 FR 60515, Nov. 29, 1996; 62 FR 2719, Jan. 17, 1997]</CITA>
  </SECTION>
</CFRGRANULE>
