[Federal Register Volume 62, Number 197 (Friday, October 10, 1997)]
[Rules and Regulations]
[Pages 52929-52941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26578]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 62, No. 197 / Friday, October 10, 1997 /
Rules and Regulations
[[Page 52929]]
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 17
Regulations Governing the Financing of Commercial Sales of
Agricultural Commodities
AGENCY: Commodity Credit Corporation.
ACTION: Final rule.
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SUMMARY: This rule amends regulations applicable to the financing of
the sale and exportation of agricultural commodities pursuant to title
I of the Agricultural Trade Development and Assistance Act of 1954, as
amended (``Pub. L. 480'').
The amendment simplifies the purchasing procedures and shortens the
regulations. The purpose of these changes is to keep the costs of the
Pub. L. 480, title I program as low as possible, to reflect the
provisions of the Federal Agricultural Improvement and Reform Act of
1996, and to reduce the public reporting burden.
Executive Order 12752 of February 25, 1991, establishes a program
under title I of Pub. L. 480 to be implemented by the Secretary of
Agriculture. In accordance with section 406(c) of Pub. L. 480, the
funds, facilities, and authorities of the Commodity Credit Corporation
are used to carry out this program.
EFFECTIVE DATE: This rule is effective November 10, 1997.
FOR FURTHER INFORMATION CONTACT: Connie B. Delaplane, Director, P.L.
480 Operations Division, Export Credits, Foreign Agricultural Service,
Room 4549, South Building, Stop 1033, U.S. Department of Agriculture,
1400 Independence Ave., SW., Washington, D.C. 20250-1033. Telephone:
(202) 720-3664.
SUPPLEMENTARY INFORMATION: This final rule is issued in conformance
with Executive Order 12866. It has been determined significant for the
purposes of E.O. 12866 and, therefore, has been reviewed by the Office
of Management and Budget (``OMB'').
Regulatory Flexibility Act
This final rule has been reviewed with regard to the requirements
of the Regulatory Flexibility Act. The Vice President, Commodity Credit
Corporation (``CCC''), who is the General Sales Manager, has certified
that this rule will not have a significant economic impact on a
substantial number of small entities. The final rule eliminates some
existing program requirements which should make it easier for firms to
participate, including small businesses. A copy of this final rule has
been submitted to the General Counsel, Small Business Administration.
Executive Order 12372
This program is not subject to the provisions of Executive Order
12372 which requires intergovernmental consultation with state and
local officials. See the Notice related to 7 CFR Part 3015, Subpart V,
published at 48 FR 29115 (June 24, 1983).
Paperwork Reduction Act
In accordance with the provisions of the Paperwork Reduction Act of
1995, the Department submitted an updated information collection
package to the Office of Management and Budget (OMB) under OMB control
number 0551-0005, in conjunction with the publication of the proposed
rule in the Federal Register (see ``Background.'') OMB has approved the
estimated total burden of 455 hours through February 28, 2000. Copies
of this information collection can be obtained from Valerie Countiss,
the Agency Information Collection Coordinator, at (202) 720-6713.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. The final rule would have preemptive effect with
respect to any state or local laws, regulations, or policies which
conflict with such provisions or which otherwise impede their full
implementation. The final rule would not have retroactive effect. The
rule does not require that administrative remedies be exhausted before
suit may be filed.
Background
Title I of the Agricultural Trade Development and Assistance Act of
1954, as amended (Pub. L. 480) authorizes CCC to finance the sale and
exportation of agricultural commodities on concessional credit terms. 7
U.S.C. 1701 et seq. On January 27, 1997, the Commodity Credit
Corporation (``CCC'') published a Proposed Rule (62 FR 3810) to amend
the regulations governing the financing of the sale and exportation of
agricultural commodities made available under title I, Pub. L. 480. The
proposed rule was drafted after considering comments received in
response to an Advance Notice of Proposed Rulemaking (60 FR 47495)
published September 13, 1995. Most of the comments received supported
the changes made by the proposed rule. The comments which raised
questions are discussed below, except those comments that were outside
the scope of the proposed rule. A copy of the ``Benefit-Cost
Assessment'' prepared in connection with this final rule can be
obtained from Connie B. Delaplane. See For Further Information Contact.
Discussion of Comments
Purchase Authorizations
After CCC and the participant have signed a title I agreement, CCC
issues a purchase authorization (``PA'') in response to a request from
the participant. One comment asked that the importer or the shipping
agent be permitted to request the PA. However, having the participant
prepare the brief written request helps to insure that the participant
also signs the PA when it is issued a few days later. By this signature
the participant accepts the specific contracting and documentary
requirements in the PA which govern CCC financing under the program.
Because the participant must bear any costs which are not eligible for
CCC financing, it is important that the participant be fully involved
in both requesting and signing the PA. Since the requirement for
requesting PA's appears in the title I agreement, there is no need also
to include it in the regulations and this portion of the proposed rule
will be adopted without change.
[[Page 52930]]
Shipping Agents
The proposed rule would require an agent of the participant or
importer (shipping agent) to provide complete information on the firm
and its activities only once per fiscal year, instead of each time the
firm is nominated by a participant. One commenter requested that we
further change the procedure to adopt an ``initial registration'' of
interested firms at the beginning of each fiscal year, similar to the
determination of eligibility for commodity suppliers. The firm would
not have to be nominated by a participant to be registered.
We do not believe that adopting this suggestion would further
reduce the reporting burden on a shipping agent, or expedite the FAS
review process. In fact, it would place a greater burden on firms which
would submit information for such ``initial registration,'' yet never
be nominated as a shipping agent. Also, if FAS were to ``register'' any
interested firm, regardless of whether a participant wished to employ
the firm, FAS' workload would be increased. Finally, such
``registration'' could imply endorsement or approval by FAS, which
could be misleading to participants. FAS does not investigate firms
which wish to act as shipping agents; it simply accepts the nomination
of an agent by the participant if the requirements of the regulations
are met. The regulations implement the provisions of section 407(b)(4)
of the Federal Agriculture Improvement and Reform Act of 1996 regarding
conflicts of interest. Based on this evaluation, CCC will adopt the
rule as proposed.
Eligibility of Commodity Suppliers
The proposed rule would have permitted any supplier eligible under
the GSM-102 or GSM-103 programs to participate in sales under title I.
FAS would not have evaluated the firm's responsibility or its
experience as an exporter of U.S. agricultural commodities. After
reviewing the potential impact of this change on food aid recipients
under the program, we have reinstated the requirement for a separate,
but simplified, eligibility determination for title I suppliers. It is
crucial for most food aid recipients that suppliers fulfill their
contracts without problems or significant delay. Title I shipments are
often a key part of the supply pipeline for recipients, which generally
are not able to make a prompt commercial purchase should a supplier
fail to perform. In addition, if a commodity supplier did not deliver
the commodity, the recipient might also be required to pay the full
shipping costs to the contracted vessel (``deadfreight''). By retaining
the requirement that FAS evaluate the export experience and financial
responsibility of a prospective supplier, we will help protect
participants against non-performance.
One comment noted that the IFB requirements for bid and performance
bonds have ``adequately guaranteed performance by suppliers in the
past.'' It is true that recipients normally require commodity suppliers
to submit a bid bond (generally 2% of the value of the offer) and to
open a performance bond when they receive a contract. The performance
bond is usually 5% of the value of the contract. These bonds provide
some protection against an unreliable supplier, but would be
insufficient to cover the full cost of ``deadfreight,'' for example.
Buyers, of course, have not relied solely on these bonds in the past;
FAS has screened out firms which did not demonstrate export experience
and financial responsibility. It is not practical for recipients to
increase the amount of the bid and performance bonds to cover the
maximum costs of a default by the supplier; such bonds would be more
expensive for the suppliers, and would increase all commodity costs
under the program.
Under Title I, recipients must buy either on the ``lowest landed
cost'' basis (the lowest combination of commodity and freight offered)
or on the basis of the lowest priced commodity offered. This helps
insure that CCC funds provide as much tonnage as possible, and to give
qualified commodity suppliers an equal opportunity to compete. Because
of this program requirement, recipients may not simply select the
supplier(s) with which they are familiar. It would be inefficient to
require each recipient to evaluate the ability of potential U.S.
suppliers to perform; some recipients would not be able to conduct such
an analysis. Submitting information to each recipient would also
increase the workload for suppliers wishing to participate in the
program.
In order to reduce the reporting burden for suppliers, we have
eliminated the requirement that prospective suppliers provide the name,
address and chief executive officers for all branches, affiliates and
subsidiaries, and that eligible suppliers keep this information
current.
Although the final rule is not as beneficial to suppliers as the
proposed rule, it does reduce the reporting burden for suppliers while
maintaining an acceptable level of protection for the recipient. As a
result, CCC has determined to adopt the provisions in the final rule
regarding eligibility of suppliers.
Invitations for Bids
One comment asked that the Invitation for Bids (``IFB'') specify
how the buyer will pay the supplier whenever the buyer requests a
supplier to bear a cost not eligible for CCC financing. Although
Sec. 17.5(e) provides that the contracts between commodity suppliers
and buyers ``* * * should stipulate the responsibility of each party
for payment of any costs not eligible for financing by CCC'' we agree
that this information should also be included in the IFB. Sections
17.5(c)(2) and 17.8(b)(1)(iv) have been amended to add this requirement
for IFB's for commodity and for ocean transportation.
In this regard, it is important to note that some payments which
had been permitted under the existing regulations, but which cannot now
be financed by CCC, will be prohibited when this final rule becomes
effective. This includes consular fees for legalization of documents,
for example, and total brokerage commissions which exceed 2\1/2\
percent of the freight. We have added a new paragraph, Sec. 17.6(c)(3),
for improved clarity regarding total brokerage commissions. This
paragraph is consistent with the regulations governing brokerage
commissions for commodities shipped under section 416(b) of the
Agricultural Act of 1949 and the Food for Progress Act of 1985 (7 CFR
1499.8(d)). The preamble to the proposed rule discussed the ceiling on
brokerage commissions and requested suggestions for other ways to
address the general issue of costs which are ineligible for CCC
financing. Since no comments were submitted offering alternative
procedures, the final rule retains the provisions in the proposed rule.
Ocean Transportation
A comment asked that we delete the requirement that the vessel
owner may claim detention when a required letter of credit is not
available at loading (Sec. 17.8(k)(6)). The comment questioned the
appropriateness of a claim for detention in this case since the freight
could not be collected until after the vessel arrived at the first
discharge port. However, it is very important to the program that the
vessel owner have the letter of credit available before loading. This
provides assurance of payment when the voyage is completed, reducing
the owner's risk and thereby keeping freight costs as low as possible.
The comment also noted that the requirement for detention
[[Page 52931]]
disadvantaged foreign flag vessels. The regulations apply to freight
contracts for voyages for which CCC finances all or part of the costs,
whether on U.S.-flag or non-U.S. flag vessels.
Another comment agreed with the proposed change (Sec. 17.8(b)(2))
which no longer prohibits clarification or submission of certain
technical information after opening of ocean transportation offers; the
author requested confirmation that this would not be a vehicle through
which an offer could be made responsive after it had been submitted. As
described in the preamble to the proposed rule, only freight offers
which are responsive to the terms of the IFB as of the date and time
for receipt of offers could be considered. No information or
clarification submitted after that date and time could be used to make
the offer responsive. The prohibition against negotiation also remains
in the regulations. The change simply acknowledges that it is
occasionally necessary to seek factual information after an offer has
been submitted, such as the maximum tonnage which can be loaded at a
certain port, given existing draft conditions and stowage factors for
the commodity in question. Another comment requested that ocean freight
be earned (and paid) when the vessel loads, stating that this is the
commercial standard. The program operated in this manner before 1960,
at which time CCC found it necessary to change freight procedures to
protect its interest, so that freight was payable on the vessel's
arrival at the first discharge port. An importing country had fixed a
vessel which was abandoned by the owner before the vessel departed the
load port, but after receipt of freight payment on loading. CCC
incurred additional costs and freight charges to ship the cargo on
another vessel.
More recent program experience still supports this position. Within
the last ten years, several vessels carrying title I cargo sank en
route to the discharge port. Under the final rule, the risk of non-
performance of the voyage remains on the ocean carrier, subject to a
determination of force majeure. The final rule does continue the policy
of allowing a supplier to receive freight prior to arrival if the
supplier posts acceptable security.
In general, requiring freight to be payable on discharge maximizes
the incentive to the supplier of ocean transportation to complete the
voyage as contracted. In order to maintain this protection for CCC, and
for program recipients, the proposed rule has been adopted as proposed.
The requirement applies, of course, only when CCC finances any part of
the ocean freight.
The same comment also requested that we change the method for
settlement of demurrage and despatch at the load port. The current
procedure was instituted in a final rule published December 7, 1995 (60
FR 62702). This rule provided that demurrage and despatch at load would
be settled between the parties which controlled the loading (the
supplier of ocean transportation and the commodity supplier.) This
change was made to make the program operate closer to commercial
practice than in the past, when CCC shared in despatch earnings. It
also made title I more consistent with other food aid programs in this
regard. Although it is true that no contract exists between the two
suppliers, FAS has not heard of serious problems in arranging payment
of demurrage and despatch on this basis. We have retained this
provision in the final rule, but will review the issue if it appears
appropriate based on further experience.
Payment to Suppliers
Most comments supported the proposal that CCC pay suppliers
directly for all amounts which CCC finances, instead of requiring
participants to open letters of credit covering these amounts. Two
comments asked whether CCC would be able to pay as promptly as a bank
does (generally, examining documents within two business days from
presentation, with payment no later than one business day following the
date documents are found in order.) Another comment asked whether the
Uniform Customs and Practices for Documentary Credits (``UCP 500'')
would be the standard by which CCC would examine documents. CCC's
examination of documents will be more extensive than that conducted by
banks; it will not be based on UCP 500 but on the ``post audit''
process now performed by CCC on documents submitted to CCC by banks
after they have made payment to suppliers. CCC staff will compare the
documents to the documentary requirements in the PA and the IFB, and
will check all calculations on the documents to ensure that no
mathematical errors have been made. CCC will also review the documents
received to ensure there are no discrepancies among the documents. As
part of the direct payment process, CCC must also prepare and process
the payment document, SF-1166, ``Voucher and Schedule of Payments.''
The CCC review will replace CCC's existing ``post audit'' of documents
and the banks'' own review of documents. CCC expects to be able to pay
suppliers within a maximum of seven business days after receipt of all
the required documents, if there are no discrepancies. CCC will not
disburse any funds to the supplier until all documents are received,
audited, and found to be in order.
Therefore, suppliers should take note that they are solely
responsible for ensuring that all the proper documents are included in
the package submitted to CCC for payment, and that they are completed
correctly. This will help CCC pay the suppliers sooner. Section
17.9(a)(3) has been revised to contain a more detailed description of
the examination of documents by CCC. In addition, a new Sec. 17.9(a)(4)
has been added to reflect the provisions of the Debt Collection
Improvement Act of 1996, Pub. L. 104-134, which requires that CCC must
issue all payments by electronic transfer. Suppliers must provide CCC
with the necessary information to facilitate this procedure.
One comment said that the seller had no assurance of receiving
payment without a letter of credit since CCC can alter or revoke the
PA. However, Sec. 17.3(d) states that, if the GSM were to ``supplement,
modify or revoke'' a PA, CCC would ``* * * reimburse suppliers who
would otherwise be entitled to be financed by CCC for costs which were
incurred as a result of such action * * * in connection with firm sales
or shipping contracts * * *.'' This long-standing provision remains in
the regulations.
The comment added that the proposal overstated the benefits to
recipients of the change to direct payment by CCC, in part because the
banking fees were actually lower than estimated in the proposed rule.
The fees charged by banks related to letters of credit are not public
information, but the estimate in the proposed rule was based on
comments from program participants, which have paid such fees. The
issue is greater than the bank fees, however; participants face the
very real potential for significant freight and commodity costs
(detention and carrying charges) which are not financed by CCC. These
costs must be paid by the participant when loading is delayed because
operable letters of credit were not available. If a dispute arises,
participants may also be responsible for legal costs.
Finally, this comment stated that banks may be reluctant to issue
letters of credit for small amounts of freight not covered by CCC, or
may increase their fees to cover costs for these low-revenue
transactions. It is possible that some banks may forego this business,
or increase their fees slightly, but we do
[[Page 52932]]
not anticipate that all banks will decline to participate.
We have evaluated these comments carefully. It is true that
suppliers may not be paid by CCC quite as quickly as they were by banks
under letters of credit, because of the more detailed document review
conducted by CCC, and that this may lead some firms to increase
commodity prices slightly under the program, to cover a few days of
lost interest. To the extent this occurs, it would mean a very small
reduction in the commodity tonnage which could be shipped within the
fixed funding provided under a Pub. L. 480, title I agreement. However,
we anticipate that the significant cost savings to recipients will
clearly outweigh this disadvantage, and the other concerns discussed in
this preamble. Recipients must pay bank charges for letters of credit
and must pay suppliers if loading is delayed because the letter of
credit is not available. (Commodity suppliers receive ``carrying
charges'' in such cases, and suppliers of ocean transportation can
collect ``detention.'' One day of ``detention'' for a U.S.-flag vessel
can cost the recipient as much as $25,000.) As a result, the final rule
retains the change to direct payment by CCC. However, we will carefully
monitor the impact of this change and will review the decision based on
a year's experience.
Documentation
A comment requested that weight certificates be issued only by the
Federal Grain Inspection Service, USDA (``FGIS'') or its cooperators.
By law, FGIS must weigh certain commodities which are exported, such as
wheat or corn. For other commodities, the program has, for many years,
permitted private firms to provide weight certificates. Since including
this option is consistent with commercial practice and it gives both
buyer and seller more flexibility in contracting under title I, we have
determined that the proposed rule will be adopted as published.
Another comment asked whether the ``federal appeal inspection
certificate'' (Sec. 17.9(c)(5)) were still valid. We have revised this
paragraph to reflect the current procedure when a certificate is issued
representing an appeal inspection. The same comment noted that a
phytosanitary certificate issued by USDA cannot show a number on its
face, including the PA number. (Sec. 17.9(b) requires that the supplier
arrange for the PA number to be put on required documents.) The comment
explained that the PA number could be placed on a separate sheet of
paper which is stapled to the phytosanitary certificate. CCC will
accept this procedure for the phytosanitary certificate, and the
provision will be adopted as proposed.
List of Subjects in 7 CFR Part 17
Agricultural commodities, Exports, Finance, Maritime carriers.
Accordingly, part 17 of 7 CFR is revised to read as follows:
PART 17--SALES OF AGRICULTURAL COMMODITIES MADE AVAILABLE UNDER
TITLE I OF THE AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF
1954, AS AMENDED
Sec.
17.1 General.
17.2 Definition of terms.
17.3 Purchase authorizations.
17.4 Agents of the participant or importer.
17.5 Contracts between commodity suppliers and importers.
17.6 Discounts, fees, commissions and payments.
17.7 Notice of sale procedures.
17.8 Ocean transportation.
17.9 CCC payment to suppliers.
17.10 Refunds and insurance.
17.11 Recordkeeping and access to records.
Authority: 7 U.S.C. 1701-1704, 1731-1736b, 1736f, 5676; E.O.
12220, 45 FR 44245.
Sec. 17.1 General.
(a) What this part covers. This part contains the regulations
governing the financing of the sale and exportation of agricultural
commodities by the Commodity Credit Corporation (CCC), through private
trade channels to the maximum extent practicable, under the authority
of title I of the Agricultural Trade Development and Assistance Act of
1954, as amended (hereinafter called ``the Act'').
(b) Agricultural commodities agreements. (1) Under the Act, the
Government of the United States enters into Agricultural Commodities
Agreements with governments of foreign countries or with private
entities. These agreements cover financing of the sale and exportation
of agricultural commodities, including certain ocean transportation
costs.
(2) Agricultural Commodities Agreements may provide that a
participant will repay CCC for the financing extended by CCC either in
dollars or in local currencies.
(3) A private entity must maintain a bona fide business office in
the United States and have a person, principal, or agent on whom
service of judicial process may be had in the United States.
(c) Purchase authorizations. This part covers, among other things,
the issuance by the General Sales Manager of purchase authorizations
which authorize the participant to:
(1) Purchase agricultural commodities; and
(2) Procure ocean transportation therefor.
(d) Financing. For amounts to be financed by CCC, CCC will pay the
supplier of commodity or of ocean transportation in accordance with
Sec. 17.9(a)(3). The cost of ocean freight or ocean freight
differential will be financed by CCC only when specifically provided
for in the purchase authorization.
(e) Where information is available. General information about
operations under this part is available from the Director, Pub. L. 480
Operations Division, Foreign Agricultural Service, USDA, Washington,
D.C. 20250-1033. Information about financing operations under this
part, including forms prescribed for use thereunder, is available from
the Controller, Commodity Credit Corporation, USDA, 1400 Independence
Avenue, SW, Washington, D.C. 20250-0581.
Sec. 17.2 Definition of terms.
Terms used in the regulations in this part are defined or
identified as follows, subject to amplification in subsequent sections:
Affiliate and associated company--any legal entity which owns or
controls, or is owned or controlled by, another legal entity. For a
corporation, ownership of the voting stock is the controlling
criterion. A legal entity is considered to own or control a second
legal entity if--
(1) The legal entity owns an interest of 50 percent or more in the
second legal entity; or
(2) The legal entity and one or more other legal entities, in which
it owns an interest of 50 percent or more, together own an interest of
50 percent or more in the second legal entity; or
(3) The legal entity owns an interest of 50 percent or more in
another legal entity which in turn owns an interest of 50 percent or
more in the second legal entity.
CCC--the Commodity Credit Corporation, USDA.
Commodity--an agricultural commodity produced in the United States,
or product thereof produced in the United States, as specified in the
applicable purchase authorization.
Controller--the Controller, Commodity Credit Corporation, or the
Controller's designee.
Copy--a photocopy or other type of copy of an original document
showing all data shown on the original, including signature or the name
of the
[[Page 52933]]
person signing the original or, if the signature or name is not shown
on the copy, a statement that the original was signed.
Delivery--the transfer to or for the account of an importer of
custody and right of possession of the commodity at U.S. ports or
Canadian transshipment points in accordance with the delivery terms of
the contract and purchase authorization. For purposes of financing,
delivery is deemed to occur as of the on-board date shown on the ocean
bill of lading.
Destination country--the foreign country to which the commodity is
exported.
Director--the Director, Pub. L. 480 Operations Division, Foreign
Agricultural Service.
Expediting services--services provided to the vessel owner at the
discharge port in order to facilitate the discharge and sailing of the
vessel; this may include assisting with paperwork, obtaining permits
and inspections, supervision and consultation.
FAS--the Foreign Agricultural Service, USDA.
FSA--the Farm Service Agency, USDA.
FSA Office--the office designated in the purchase authorization to
administer this financing operation on behalf of CCC.
Finance--To expend CCC funds, whether or not the participant is
required to repay the funds to CCC. For example, this part refers to
CCC ``financing'' both the ocean freight differential, which the
participant does not repay, and the commodity cost, which the
participant does repay.
Form CCC-106--the form entitled ``Advice of Vessel Approval.''
Form CCC-329--the signed original of the form entitled ``Supplier's
Certificate.''
General Sales Manager and GSM--the General Sales Manager, FAS, or
the General Sales Manager's designee.
Importer--the person that contracts with the supplier for the
importation of the commodity. The importer may be the participant or
any person to which a participant has issued a subauthorization.
Importing country--any nation with which an agreement has been
signed under the Act.
Invitation for bids and IFB--a publicly advertised request for
offers.
Legal entity includes, but is not limited to, an individual (except
that an individual and his or her spouse and their minor children are
considered as one legal entity), partnership, association, company,
corporation and trust.
Letter of credit--an irrevocable commercial letter of credit
issued, confirmed, or advised by a banking institution in the United
States and payable in U.S. dollars.
Local currency--the currency of the importing or destination
country.
Notice of arrival--a written notice in accordance with Sec. 17.8(g)
stating that the vessel has arrived at the first port of discharge.
Ocean bill of lading--(1) In the case of cargo carried on a vessel
other than LASH barges: An ``on-board'' bill of lading, or a bill of
lading with an ``on-board'' endorsement, which is dated and signed or
initialed on behalf of the carrier; or
(2) In the case of cargo carried in a LASH barge: (i) For the
purpose of financing commodity price, an ``on-board'' bill of lading
showing the date the commodity was loaded on board barges, which is
dated and signed or initialed on behalf of the carrier, or a bill of
lading or a LASH barge bill of lading with an ``on-board barge''
endorsement which is dated and signed or initialed on behalf of the
carrier.
(ii) For the purpose of financing ocean freight or ocean freight
differential, a bill of lading which is dated and signed or initialed
on behalf of the carrier indicating that the barge containing the cargo
was placed aboard the vessel named in the Form CCC-106 not later than
eight running days after the last LASH barge loading date (contract
layday) specified in the Form CCC-106. This may be either an ``on
board'' bill of lading or a bill of lading or a LASH barge bill of
lading with an ``on-board ocean vessel'' endorsement.
(3) Documentary requirements for a copy of an ``ocean bill of
lading'' refer to a non-negotiable copy thereof.
Ocean freight contract--a charter party or liner booking note.
Ocean transportation--interchangeable with the term ``ocean
freight''.
Ocean transportation brokerage--services provided by shipping
agents related to their engagement to arrange ocean transportation and
services provided by ships brokers related to their engagement to
arrange employment of vessels.
Ocean transportation-related services--furnishing the following
services: lightening, stevedoring, and bagging (whether these services
are performed at load or discharge), and inland transportation, i.e.,
transportation from the discharge port to the designated inland point
of entry in the destination country, if the discharge port is not
located in the destination country.
Participant--the collective term used to denote the importing
country or the private entity with which an agreement has been
negotiated under the Act.
Person--an individual or other legal entity.
Private entity--the nongovernmental legal entity with which an
agreement has been signed under the Act.
Purchase authorization--Form FAS-480, ``Authorization to Purchase
Agricultural Commodities,'' issued to a participant under this part.
Purchasing agent--any person engaged by a participant to procure
agricultural commodities.
Secretary--the Secretary of Agriculture of the United States, or
the Secretary's designee.
Selling agent--a representative for the supplier of the commodity,
who is not employed by or otherwise connected with the importer or the
participant.
Shipping agent--any person engaged by a participant to arrange
ocean transportation.
Ships broker--any person engaged by a supplier of ocean
transportation to arrange employment of vessels.
Supplier--any person who sells a commodity to an importer under the
terms of a purchase authorization, or who sells ocean transportation to
an importer or supplier of the commodity under the terms of a purchase
authorization.
USDA--the U.S. Department of Agriculture.
United States--the 50 States, the District of Columbia, and Puerto
Rico.
Sec. 17.3 Purchase authorizations.
(a) Issuance. After an agreement is signed, the GSM will issue a
purchase authorization to the participant for each commodity included
in the agreement.
(b) Contents. Each purchase authorization includes the following
information:
(1) The commodity to be purchased and specifications, approximate
quantity and maximum dollar amount authorized;
(2) Contracting requirements;
(3) The contracting period, during which suppliers and importers
must enter into contracts; and the delivery period, during which the
commodity must be delivered;
(4) The terms of delivery to the importer;
(5) Documentation required for CCC financing in addition to or in
lieu of the documentation specified in Sec. 17.9;
(6) Provisions relating to payment to CCC, if applicable;
(7) The address of the FSA office administering the financing
operation on behalf of CCC;
[[Page 52934]]
(8) The method of financing provided under the Agricultural
Commodities Agreement;
(9) Any provisions relating to financing by CCC in addition to or
in lieu of those specified in this part;
(10) Authorization to procure ocean transportation, and provisions
relating to the financing of ocean freight or ocean freight
differential, as applicable;
(11) Any other provisions considered necessary by the General Sales
Manager.
(c) Applicability of this part. In addition to the provisions of a
particular purchase authorization, each purchase authorization, unless
otherwise provided, is subject to the provisions of this part to the
same extent as if the provisions were fully set forth in the purchase
authorization.
(d) Modification or revocation. The General Sales Manager reserves
the right at any time for any reason or cause whatsoever to supplement,
modify or revoke any purchase authorization, including the termination
of deliveries, if it is determined to be in the interest of the U.S.
Government. CCC shall reimburse suppliers who would otherwise be
entitled to be financed by CCC for costs which were incurred as a
result of such action by the GSM in connection with firm sales or
shipping contracts, and which were not otherwise recovered by the
supplier after a reasonable effort to minimize such costs: Provided,
however, That such reimbursement shall not be made to a supplier if the
GSM determines that the GSM's action was taken because the supplier
failed to comply with the requirements of the regulations in this part
or the applicable purchase authorization; Provided further, That
reimbursement to suppliers of ocean transportation shall not exceed the
ocean freight differential when the purchase authorization provides
only for financing the differential.
(e) Subauthorizations. The participant may issue subauthorizations
to importers consistent with the terms of the applicable purchase
authorization. The participant, in subauthorizing, shall specify to
importers all the provisions of the applicable purchase authorization
which apply to the subauthorization.
(f) Cotton textiles. (1) Except as provided in paragraph (f)(2) of
this section, financing of textiles under this part is limited to
cotton yarns and fabrics processed up to and including the dyed and
printed state, and preshrinking. Any processing of such yarns and
fabrics beyond this stage will be at the expense of the participant.
(2) Purchase authorizations may permit cotton textiles processed
beyond the stage described in paragraph (f)(1) of this section to be
purchased, but the maximum financing by CCC is limited to the
equivalent value of the cotton yarns and fabrics described in paragraph
(f)(1) of this section, contained in the textiles, plus eligible ocean
transportation costs.
(3) Financing is available only for textiles manufactured entirely
of U.S. cotton in the United States.
Sec. 17.4 Agents of the participant or importer.
(a) General. (1) A participant or importer is not required to use a
purchasing agent or shipping agent, or employ the services of any other
agent, broker, consultant, or other representative (hereafter
``agent'') in connection with arranging the purchase of agricultural
commodities under title I of the Act and arranging ocean transportation
for such commodities. However, if an agent is used, the participant
shall submit a written nomination of the agent to the Deputy
Administrator, Export Credits, FAS, along with a copy of the proposed
agreement between the participant or importer and such agent. The
written nomination shall also specify the period of time to be covered
by the nomination. A person may not act as agent for a participant or
importer unless the Deputy Administrator, Export Credits, FAS, has
provided a written statement that the nomination is accepted in
accordance with the provisions of this section.
(2) See Sec. 17.6(c) regarding commissions, fees, or other
compensation of any kind to agents of a participant or importer.
(3) A freight agent employed by the Agency for International
Development under titles II and III is not eligible to act as an agent
for the participant or importer during the period of such employment. A
subcontractor of such freight agent is not eligible to act as an agent
for the participant or importer during the period of its subcontract.
(b) Affiliate defined. For purposes of this section, the term
affiliate has the meaning provided in Sec. 17.2 and, in addition,
persons will also be considered to be affiliates if any of the
following conditions are met:
(1) There are any common officers or directors.
(2) There is any investment by eligible commodity suppliers,
selling agents, or persons engaged in furnishing ocean transportation
or ocean transportation-related services for commodities provided under
any title of the Act, section 416(b) of the Agricultural Act of 1949,
or the Food for Progress Act of 1985, whether or not any part of the
ocean transportation is financed by the U.S. Government, or by agents
of such persons, or their officers or directors, in the agent of the
participant or importer.
(3) There is any investment by the agent of the participant or
importer, or its officers or directors, in approved commodity
suppliers; selling agents; or persons engaged in furnishing ocean
transportation or ocean transportation-related services for commodities
provided under any title of the Act, section 416(b) of the Agricultural
Act of 1949, or the Food for Progress Act of 1985, whether or not any
part of the ocean transportation is financed by the U.S. Government, or
in agents of such persons. These conditions include those cases in
which investment has been concealed by the utilization of any scheme or
device to circumvent the purposes of this section but does not include
investment in any mutual fund.
(c) Information to be furnished. A person nominated to act as an
agent of the participant or importer, and any independent contractor
that may be hired by such person to perform functions of a shipping
agent, shall furnish to the Deputy Administrator, Export Credits, FAS,
the following information or documentation as may be applicable:
(1) The names of all incorporators;
(2) The names and titles of all officers and directors;
(3) The names of all affiliates, including the names and titles of
all officers and directors of each affiliate, and a description of the
type of business in which the affiliate is engaged;
(4) The names and proportionate share interest of all stockholders;
(5) If beneficial interest in stock is held by other than the named
shareholders, the names of the holders of the beneficial interest and
the proportionate share of each;
(6) The amount of the subscribed capital;
(7) For USDA acceptance of a nomination covering services provided
during each U.S. fiscal year (October 11-September 30), a written
statement signed by such person:
(i) Certifying that, during the U.S. fiscal year covered by USDA's
acceptance of the nomination, the person has not engaged in, and will
not engage in, supplying commodities under any title of the Act or the
Food for Progress Act of 1985 or furnishing ocean transportation or
ocean transportation-related services for commodities provided under
any title of the Act, section 416(b) of the Agricultural Act of 1949,
or the Food for Progress Act of 1985, whether any part of the ocean
transportation is financed
[[Page 52935]]
by the U.S. Government; and that the person has not served and will not
serve as an agent of firms engaged in providing such commodities, ocean
transportation and ocean transportation-related services;
(ii) Certifying that, for ocean transportation brokerage services
provided during the U.S. fiscal year covered by USDA's acceptance of
the nomination, the person has not shared and will not share freight
commissions with the participant, the importer, or any agent of the
participant or the importer, whether CCC finances any part of the ocean
freight. CCC will consider as sharing a commission a situation where
the agent forgoes part or all of a commission and the supplier of ocean
transportation pays a commission directly to the participant, the
importer, or any other person on behalf of the participant or the
importer; and
(iii) Undertaking that, during the U.S. fiscal year covered by
USDA's acceptance of the nomination, affiliates of such person have not
engaged in and will not engage in the activities or actions prohibited
in this paragraph (c)(7).
(8) A certification that neither the person nor any affiliates has
arranged to give or receive any payment, kickback, or illegal benefit
in connection with the person's selection as agent of the participant
or importer.
(d) USDA acceptance. (1) USDA will consider accepting the
nomination of a person to act as an agent of the participant or
importer when the documents required to be submitted by this section
are received by the Deputy Administrator, Export Credits, FAS.
(2) USDA's acceptance of such nomination shall remain in effect for
the period of time requested by the participant or such shorter period
as the Deputy Administrator, Export Credits, FAS, may determine. USDA
will withdraw such acceptance if the agent of the participant or
importer, or any of the affiliates of such agent, violates the
certifications or undertakings made pursuant to paragraphs (c) (7) and
(8) of this section.
(3) A person is required to submit the information and
documentation required by Sec. 17.4(c) to support the person's first
nomination to act as an agent of any participant or importer for each
fiscal year. For subsequent nominations covering the same fiscal year,
the person must provide a written certification that the information
and documentation provided earlier are still accurate and complete, or
must provide the details of any changes to previously submitted
information.
(e) Notification. The Deputy Administrator, Export Credits, FAS,
shall promptly notify persons nominated as agents of the participant or
importer, of the determination or of the need for further inquiry, and
shall provide a written response within 30 calendar days of receipt of
all the required documents. If USDA will not accept the nomination, the
notification shall state the reasons therefor. The determination of the
Deputy Administrator, Export Credits, FAS, is effective immediately and
continues in effect pending the result of any appeal to the General
Sales Manager.
(f) Non-acceptance or withdrawal. (1) If USDA does not accept the
nomination of a person, or if acceptance has been withdrawn pursuant to
the provisions of this section, the person may, within 30 calendar
days, present to the General Sales Manager, orally or in writing, any
reasons as to why such action should not stand. Nothing in this
paragraph shall be construed as to prohibit a person whose nomination
has not been accepted or whose acceptance has been withdrawn by USDA
from being nominated at a later time.
(2) If, in the procurement of commodities made available under
title I, Pub. L. 480, a participant or importer uses an agent whose
nomination has not been accepted in writing by the Deputy
Administrator, Export Credits, FAS, USDA may withhold sales approval.
(3) If, in the shipping of commodities made available under title
I, Pub. L. 480, a participant or importer uses an agent whose
nomination has not been accepted in writing by the Deputy
Administrator, Export Credits, FAS, USDA may withhold vessel approval
or may deduct from the ocean freight differential to be paid, the
amount of any commission to the agent in connection with the shipment.
(g) No competitive advantage. A shipping agent may not take any
action which would give a competitive advantage to any supplier of
commodities or ocean transportation. This includes, but is not limited
to, providing advance notice of IFB's or amendments, or selectively
enforcing IFB or contract requirements.
Sec. 17.5 Contracts between commodity suppliers and importers.
(a) Commodity suppliers and selling agents. (1) Commodity suppliers
must be determined to be eligible under the Pub. L. 480, title I
program in order for their contracts to be eligible for CCC financing.
A prospective commodity supplier must be engaged in the business of
selling agricultural commodities for export from the United States. The
commodity supplier must maintain a bona fide business office in the
United States, and must have a person, principal or agent on whom
service of judicial process may be had in the United States.
(2) Persons who wish to participate as commodity suppliers shall
submit the following information to the Foreign Agricultural Service,
Stop 1033, USDA, 1400 Independence Ave., SW, Washington, D.C. 20250-
1033:
(i) A current financial statement of the prospective supplier,
preferably an audited statement, as evidence of financial
responsibility. Submission of a letter of reference from a bank is also
encouraged.
(ii) A statement containing general background information about
the firm, including the names and titles of the chief executive
officers and a description of the firm's experience as an exporter of
U.S. agricultural commodities. Copies of bills of lading supporting
this statement are also requested.
(iii) Any other information requested relating to whether the
prospective supplier is responsible and is able to perform its
obligations under this part and the purchase authorization.
(3) If, at the time the commodity supplier reports the sale it is
determined that an agent employed or engaged by a commodity supplier to
obtain a contract is not a selling agent as defined in Sec. 17.2, the
sale will not be eligible for financing.
(b) Eligibility for financing. To be eligible for financing,
commodity contracts must comply with the following requirements unless
otherwise specified in the purchase authorization.
(1) Commodity contracts between suppliers and importers are
considered to be conditioned on the approval by USDA of the contract
price; conformance of the sale to the provisions of the purchase
authorization; responsiveness of the offer to IFB terms; and compliance
by the supplier and the selling agent, if any, with paragraph (a) of
this section.
(2) Importers and suppliers must enter into contracts within the
contracting period specified in the purchase authorization. The
contracts must provide for deliveries to the importer in accordance
with the delivery terms and during the delivery period specified in the
purchase authorization, or any amendment or modification thereto.
(3) Contracts for a commodity, under a purchase authorization which
limits delivery terms to f.o.b. or f.a.s., must be separate and apart
from the contracts for ocean transportation of the commodity.
[[Page 52936]]
(4) The supplier's sales price may not exceed the prevailing range
of export market prices as applied to the terms of sale at the time of
sale, as determined by USDA. The ``time of sale'' is the date and time
specified in the IFB for receipt of offers; or the date of the contract
amendment if the amendment affects the sale price, as determined by
USDA. The contract price may not be on a cost plus a percentage-of-cost
basis.
(c) Contracting procedures. (1) Purchasing--general--(i) Importers
must purchase commodities on the basis of IFB's.
(ii) The participant shall maintain a record of all offers received
from suppliers until the expiration of three years after final payment
under contracts awarded under the purchase authorization. The GSM may
examine these records or request specific information in connection
with the offers.
(2) Invitations for bids. The following conditions shall apply on
all purchases of commodities on the basis of IFB's:
(i) The General Sales Manager must approve the terms of the IFB
before it is issued by the importer.
(ii) The importer shall issue the IFB in the United States and
shall open all offers in public in the United States at the time and
place specified in the IFB.
(iii) The IFB must permit submission of offers from all suppliers
who meet the requirements of this subpart.
(iv) The IFB may not preclude offers for shipment from any United
States port(s) unless the purchase authorization provides for
exportation only from certain ports.
(v) The IFB may not establish minimum quantities to be offered or
which will be considered.
(vi) The IFB must stipulate the responsibility for each party for
payment of any costs not eligible for financing by CCC.
(vii) The IFB must be in compliance with this part, the purchase
authorization, and sound commercial standards.
(3) Contract awards. (i) The importer shall consider only offers
which are responsive to the IFB and shall make awards either on the
basis of the lowest commodity price(s) offered or on the basis of
lowest landed cost. However, when vessels offered under the flag of the
participant, the importing country or the destination country; or
vessels controlled by the participant, the importing country or the
destination country are to be used, the participant must purchase
commodities for shipment on such vessels only on the basis of the
lowest commodity price(s) offered. This limitation may, however, be
waived by the GSM:
(A) When the lowest commodity price(s) offered are in locations
where vessels cannot reasonably be made available without a substantial
increase in freight costs to the participant;
(B) For small quantities offered at additional loading points (in
aggregate not more than 15 percent of the total tonnage offered by a
vessel); or
(C) Where this limitation would conflict with the purposes of the
program.
(ii) For purposes of this section, ``lowest commodity price(s)''
means the lowest commodity price(s) offered for loading onto the type
of vessel (dry bulk carrier, tanker, etc.) to be utilized to carry the
commodity purchased.
(iii) For purposes of this section, ``lowest landed cost'' means
the combination of commodity price and ocean freight rate resulting in
the lowest total cost to deliver the commodity to the importing
country, considering the quantity which must be shipped on privately
owned U.S.-flag commercial vessels, as determined by the Director.
Lowest landed cost may be defined on either a foreign flag or U.S. flag
basis. Awards may not be made on the lowest landed cost basis unless
IFB's are issued for commodity and ocean freight so that all commodity
and ocean freight offers are reviewed simultaneously.
(iv) Participants are encouraged to purchase commodities on the
basis of lowest landed cost when U.S. flag vessels are to be used. If
such commodity purchases are not made on the basis of lowest landed
cost (U.S. flag), ocean freight differential payments will nonetheless
be calculated on the rates of U.S. flag vessels which would represent
the lowest landed cost.
(v) Announcement of awards shall be made in the United States. The
importer shall promptly submit to the Director copies of all offers
received with a copy of the IFB which was issued. No sale can be
approved for financing until this information has been received by FAS.
The decision of the GSM shall be final regarding the responsiveness of
offers to IFB terms in the awarding of contracts.
(d) Contract quantity eligible for financing. The quantity eligible
for financing in the contract between the supplier and the importer may
not exceed that quantity approved by the Pub. L. 480 Operations
Division, FAS, including any approved contract tolerance.
(e) Contract disputes. Contracts between suppliers and importers
should stipulate the responsibility of each party for payment of any
costs not eligible for financing by CCC. Questions as to payment of
ineligible costs should be resolved between the contracting parties.
(f) Contract provisions. Each contract entered into for financing
under this part is deemed to include all terms and conditions required
by the regulations in this part.
(g) Export Trade Act (Webb-Pomerene Law). A supplier who is a
member of a Webb-Pomerene association and who enters into contracts
with importers as a member of such an association shall so indicate in
a statement on, or attached to, the copy of the supplier's detailed
invoice referred to in Sec. 17.9(c)(2).
Sec. 17.6 Discounts, fees, commissions and payments.
For purposes of this section, the term ``payment'' means a
commission, fee or other compensation of any kind. The term ``other
compensation of any kind'' includes anything given in return for any
consideration, services, or benefits received or to be received.
(a) Discounts. If a contract provides for one or more discounts
(including but not limited to trade or quantity discounts and discounts
for prompt payment) whether expressed as such or as ``commissions'' to
the importer, CCC will only pay the invoice amount after the discount
(supplier's contracted price less all discounts).
(b) Selling agents. (1) A supplier may not make a payment to a
selling agent employed or engaged by the supplier to obtain a contract.
This prohibition applies to any payment to a person who has acted as a
selling agent to obtain a contract even though the payment may be for
services performed that are not themselves services to obtain a
contract.
(2) A person is deemed to act ``to obtain a contract'' if the
person acts on behalf of a commodity supplier to:
(i) Influence a buyer to award a contract to the supplier;
(ii) Give the supplier a competitive advantage in relation to other
potential suppliers; or
(iii) Influence CCC to approve a contract for financing under this
part.
(3) CCC will not consider acts which are purely ministerial in
nature and do not require the exercise of personal influence, judgment,
or discretion (such as attending bid openings or presenting offers at
bid openings), or services to implement a contract after it has been
entered into by the parties (such as handling documentation problems or
contract disputes), as acts to obtain a contract.
(c) Other prohibitions. (1) Suppliers of commodities or ocean
transportation may not:
[[Page 52937]]
(i) Pay a commission to the participant or importer; to any agency,
including an agency of the government of the importing country or the
destination country; or to a corporation owned or controlled by the
participant or the government of the importing country or the
destination country.
(ii) Pay a commission to any affiliate of the participant, if the
participant is a private entity;
(iii) Make any payment to an agent of the participant or importer,
in the person's capacity as such agent, other than ocean transportation
brokerage commissions.
(iv) Pay an address commission or payment.
(2) For ocean transportation, in addition to this paragraph, see
also Sec. 17.8(j).
(3) When any portion of the ocean freight is financed by CCC, total
ocean transportation brokerage commissions earned on U.S. and non-U.S.-
flag bookings by all parties arranging vessel fixtures shall not exceed
2\1/2\ percent of the total freight costs.
(4) If a payment is made in violation of this section, CCC may
demand dollar refund of the entire amount financed by CCC under the
contract.
Sec. 17.7 Notice of sale procedures.
(a) Telephonic notice of sale. The supplier shall, immediately upon
making a firm sale, telephone a notice of sale to Pub L. 480 Operations
Division, FAS. A sale is considered firm when the supplier has been
notified by the importer of an award, even though the contract is
conditioned on approval by FAS (see Sec. 17.5(b)(1).) If the supplier
fails to furnish a notice of sale within 3 working days after the date
of sale, CCC has the right to refuse to finance the sale.
(b) Sale approval. (1) Pub. L. 480 Operations Division will notify
the supplier by telephone of approval of the notice of sale.
(2) The supplier will prepare Form FAS-359, ``Declaration of
Sale,'' and submit it to Pub. L. 480 Operations Division promptly as
soon as FAS has provided the CCC Registration Number to the supplier.
The supplier or the supplier's authorized representative must sign the
form.
(3) Each Form FAS-359 shall cover only a single sale contract. If a
sale is made under two or more purchase authorizations, the supplier
will prepare separate forms for each purchase authorization.
(4) If any correction is needed to the Form FAS-359, the supplier
must immediately notify FAS. If a contract is amended, the supplier
should present the original Form FAS-359 for payment along with a copy
of the written USDA approval of the contract amendment.
(c) Sale disapproval. (1) Pub. L. 480 Operations Division, FAS,
will notify the supplier by telephone when a sale is disapproved for
financing. The related contract between the supplier and importer
shall, for purposes of financing, be considered null and void.
(2) On receipt of a notice of disapproval, the supplier shall
promptly notify the importer.
(d) Contract delivery period. Price approval is limited to exports
made during the delivery period stated in the notice of sale or any
contract amendment approved by the Pub. L. 480 Operations Division,
FAS. If the supplier cannot complete delivery by the terminal delivery
date of the contract delivery period, the supplier and the participant
or importer shall submit a notice of contract amendment as provided in
paragraph (e) of this section. If the supplier fails to comply,
Sec. 17.10(d) shall apply.
(e) Contract amendments. (1) The supplier and the participant or
importer shall each submit a written notice of each contract amendment
to the Director immediately after the amendment to the contract is
made. This includes not only any change in the contract delivery period
or any other terms and conditions of the contract as provided in the
information given in the original notice of sale or any amendment
thereto, but also any change in any other terms and conditions of the
contract.
(2) The notice of contract amendment must contain the following:
(i) A request that USDA approve an amendment to the specifically
identified sale contract between (the participant or importer) and (the
commodity supplier).
(ii) A statement of what the amendment consists of (as, extension
of delivery period through (date)) and a detailed explanation of the
reasons for the amendment.
(iii) A statement that the contract amendment has been agreed to by
both buyer and seller.
(3) Pub. Law 480 Operations Division, FAS, will notify the supplier
as to whether the amendment is approved or disapproved.
(4) The supplier shall furnish a copy of the USDA approval of the
amendment with other documentation submitted to obtain payment.
(5) If the supplier fails to furnish notice of a contract amendment
to Pub. L. 480 Operations Division, FAS, within 3 working days after
the date of such amendment, CCC has the right to refuse to finance the
sale or any portion of the sale.
(6) Any amendment must be consistent with the provisions of the
purchase authorization and this part and must otherwise be acceptable
to Pub. L. 480 Operations Division, FAS.
Sec. 17.8 Ocean transportation.
(a) General. (1) This section applies to the financing of ocean
freight or ocean freight differential. Ocean freight will be financed
by CCC only to the extent specifically provided for in the purchase
authorization. The purchase authorization may provide requirements in
addition to or in lieu of those specified in this section.
(2) The supplier of ocean transportation must be engaged in the
business of furnishing ocean transportation from the United States and
must have a person, principal or agent, on whom service of judicial
process may be had in the United States.
(3) The quantity of the commodity which must be shipped on
privately owned U.S.-flag commercial vessels will be determined by the
Director.
(4) The supplier of ocean transportation shall release copies of
the ocean bills of lading to the supplier of the commodity promptly
upon completion of loading of the vessel.
(5) When CCC finances any part of the ocean freight or the ocean
freight differential, the participant must open an operable irrevocable
letter of credit for the portion of the ocean freight not financed by
CCC. All banking institution charges, such as commissions, expenses,
etc., are for the account of the participant. The amount of the letter
of credit shall be computed using the information provided in the Form
CCC-106. The letter of credit shall provide for sight payment or
acceptance of a draft, payable in U.S. dollars, on the basis of the
quantities specified in the applicable ocean freight contract. If the
supplier of ocean transportation accepts the commodity before receipt
of an acceptable letter of credit from a bank, the supplier takes such
action at its own risk. This action in itself does not affect
eligibility for CCC financing.
(b) Contracting procedures--(1) Invitations for Bids (IFB's)--(i)
Public freight ``Invitations for Bids'' are required in the
solicitation of freight offers from all U.S. and non-U.S. flag vessels
when CCC is financing any portion of the ocean freight.
(ii) For non-U.S. flag vessels when CCC is not financing any
portion of the ocean freight, public freight IFB's are also required
unless otherwise authorized by the Director, or unless the participant
requires the use of vessels
[[Page 52938]]
under its flag, the flag of the destination country, or other non-U.S.
flag vessels under its control. Vessels considered to be under the
control of the participant or the destination country include vessels
under time charters, bare boat charters, consecutive voyage charters,
or other contractual arrangements for the carriage of commodities which
provide guaranteed access to vessels.
(iii) Prior to release to the trade, all freight IFB's must be
submitted to the Director for approval. Freight IFB's must be issued by
means of Bridge News, New York, plus at least one other means of
communication.
(iv) All freight IFB's must:
(A) Specify a closing time for the receipt of offers and state that
late offers will not be considered;
(B) Provide that offers are required to have a canceling date no
later than the last contract layday specified in the IFB;
(C) Provide the same deadline for receipt of offers from both U.S.
flag vessels and non-U.S. flag vessels;
(D) Stipulate the responsibility for each party for payment of any
costs not eligible for financing by CCC (in the IFB or the pro forma
charter party).
(2) Competitive bidding. When CCC is financing any portion of the
freight, all offers shall be opened in public in the United States at
the time and place specified in the IFB. Offers shall be opened prior
to receipt of offers for the sale of commodities as the Director
determines appropriate. Only offers which are responsive to the IFB may
be considered, and no negotiation shall be permitted.
(3) Records of offers. Copies of all offers received must be
promptly furnished to the Director, who may require the participant, or
its shipping agent, to submit a written certification to the GSM that
all offers received (with the times of receipt designated thereon) were
transmitted to the Department. For purposes of this paragraph ``time of
receipt'' shall be the time a hand-carried offer or a mailed offer was
received at the designated location for presentation or, if transmitted
electronically, the time the offer was received, as supported by
evidence satisfactory to the Director.
(4) Re-tenders. The Director may permit or require a participant to
refuse any and all bids, and in such case a participant may conduct a
re-tender with the approval of the Director. The Director shall not
approve or require freight re-tenders unless they will increase the
likelihood of meeting U.S. flag cargo preference requirements, will
permit the desired quantity to be shipped, will likely result in
reduced CCC expenditures, or are otherwise determined to be in the best
interest of the program.
(c) Request for vessel approval. The pertinent terms of all
proposed charters and all proposed liner bookings, regardless of
whether any portion of ocean freight is financed by CCC, must be
submitted to the Director for review and approval before fixture of the
vessel. Tentative advance vessel approvals may be obtained by telephone
provided Form CCC-105, ``Ocean Shipment Data--Pub. L. 480 (Request for
Vessel Approval)'', is furnished promptly confirming the information
supplied by telephone. The Form CCC-105 shall be submitted in duplicate
to the Director.
(d) Advice of vessel approval. (1) USDA will give written approval
of charters and liner bookings on Form CCC-106, ``Advice of Vessel
Approval.'' The Form CCC-106 will state whether CCC will finance any
part of the ocean freight. For f.a.s. or f.o.b. shipments, CCC will
issue a signed original of Form CCC-106 to the ocean carrier when CCC
finances any part of the ocean freight. For c.& f. or c.i.f. shipments,
CCC will issue Form CCC-106 to the supplier of commodity.
(2) If CCC agrees to finance any portion of the ocean freight, the
participant or its agent shall forward a copy of the ocean freight
contract immediately after execution to the Director for review and
approval prior to issuance of Form CCC-106.
(3) CCC may also require the supplier of ocean transportation to
submit copies of lightening, stevedoring, or bagging contracts for any
voyage for which CCC finances ocean freight or ocean freight
differential.
(e) Special charter party provisions required when any part of
ocean freight is financed by CCC. This paragraph applies when CCC
finances any part of the ocean freight for commodities booked on
charter terms. In the event of any conflict between the provisions of
the regulations in this part and the charter party or ocean bills of
lading issued pursuant thereto, the provisions of the regulations in
this part shall prevail. The charter party shall contain or, for the
purpose of financing pursuant to the regulations in this part, be
deemed to contain the following provisions:
(1) That if there is any failure on the part of the supplier of
ocean transportation to perform the charter party after the vessel has
tendered at the loading port, the charterer shall be entitled to incur
all expenses which in the judgment of the General Sales Manager are
required to enable the vessel to carry out her obligations under the
charter party including, but not limited to, expenses for lifting any
liens asserted against the vessel.
(2) That, notwithstanding any prior assignments of freight made by
the owner or operator, the expenses authorized in paragraph (e)(1) of
this section may be deducted from the freight earned under the charter
party.
(3) That ocean freight is earned and that 100% thereof is payable
by the charterers when the vessel and cargo arrive at the first port of
discharge, subject to paragraph (e)(4) of this section, and to the
further condition that if a force majeure as described in paragraph
(l)(1) of this section results in the loss of part of the vessel's
cargo, 100% of the ocean freight is payable on the part so lost. This
provision does not relieve the carrier of the obligation to carry to
other points of discharge if so required by the charter party.
(4) That if a force majeure as described in paragraph (l)(1) of
this section prevents the vessel's arrival at the first port of
discharge, the freight shall be payable by the charterer at the time
the General Sales Manager determines that such force majeure was the
cause of nonarrival.
(5) That laydays are non-reversible.
(6) That in a dispute involving any rights and obligations of CCC,
including rights and obligations as successor or assignee, which cannot
be settled by agreement, the dispute shall not be subject to
arbitration.
(f) Special charter party information required when any part of
ocean freight is financed by CCC. When CCC finances any part of the
ocean freight for commodities booked on charter terms, the charter
party shall contain the following information:
(1) The name of each party participating in the ocean freight
brokerage commission, if any, and the percentage thereof payable to
each party;
(2) The name of the vessel and the name of the substitute vessel,
if any.
(g) Notice of arrival. Each Form CCC-106 will indicate whether a
notice of arrival is required. A notice of arrival, when required, must
be furnished promptly by the participant or its designated agent or
other source acceptable to CCC (excluding the carrier or its agent) and
must include the name of the vessel, the purchase authorization number,
the first port of discharge, and the date of arrival. The notice of
arrival of the vessel also constitutes prima facie evidence of arrival
of the cargo.
(h) Foreign flag vessels. The cost of ocean transportation will be
financed by CCC on non-U.S. flag vessels only when, and to the extent,
specifically provided
[[Page 52939]]
in the applicable purchase authorization.
(i) U.S.-flag vessels. When a commodity is required to be shipped
on a privately owned U.S.-flag commercial vessel, Form CCC-106 will set
forth:
(1) The rate of the ocean freight differential, if any, which the
Director determines to exist between the prevailing foreign-flag vessel
rate and the U.S.-flag vessel rate; and
(2) The approximate tonnage for which CCC will authorize
reimbursement of ocean freight or ocean freight differential, as
appropriate.
(j) Items not eligible for financing by CCC. The following costs
will not be financed by CCC, either separately or as part of the
commodity contract price:
(1) Loading, trimming, and other related shipping expenses unless
included in the ocean freight rate;
(2) Discharge costs unless included in the ocean freight rate;
(3) The cost of ``dead freight'';
(4) Cargo dues and taxes assessed by the importing or recipient
country;
(5) Surcharges assessed by steamship conferences or carriers,
unless specifically authorized by the Director;
(6) General average contributions;
(7) Stevedoring overtime and vessel crew overtime;
(8) Ship's disbursements;
(9) Any payments prohibited in Sec. 17.6 (b) and (c); and
(10) Detention.
(k) General financing provisions. When any part of ocean freight
will be financed either separately or as part of the commodity contract
price, the following shall apply:
(1) Ocean freight contracts must show the ocean freight rate from
one loading port to one discharge port, and may provide for an increase
in rate for an additional port of loading or discharge, or other
option. CCC, however, will finance initially the lowest such rate or
OFD, as appropriate. Increased amounts due because of the exercise of
such option will be financed only after receipt of an ocean bill of
lading or other evidence showing that the option was exercised.
(2) In the case of transshipment to a foreign flag vessel, CCC will
finance the ocean freight or OFD, as appropriate, only to the point of
transshipment, at a rate determined by the GSM, and CCC will not
finance any part of the ocean freight beyond the point of transshipment
unless specifically approved by the GSM. If the commodity was
transported from a U.S. port and was transshipped at another U.S. port,
CCC will not finance, without prior approval of the GSM, any part of
the ocean freight incurred before transshipment.
(3) The ocean freight rate eligible for CCC financing and the rate
used for the U.S.-flag vessel in calculating ocean freight differential
shall not exceed the following rates for the category of the vessel
concerned:
(i) For commodities covered by published tariff rates--the
published conference contract rate;
(ii) For other commodities--the market rate prevailing at the time
of request for approval as determined by the Director, but in any event
not in excess of rates charged other shippers (irrespective of booking
dates) for like commodities on the voyage concerned.
(4) Payment will be made for ocean freight or OFD, as appropriate,
from loading points to discharge points at rates approved by the
Director on Form CCC-106 in conformity with paragraph (k)(3) of this
section.
(5) Freight for a vessel designated on Form CCC-106 as a U.S. flag
vessel shall not be eligible for financing unless such vessel complies
with the provisions of Pub. L. 87-266.
(6) Ocean freight contracts must specify that the participant shall
be liable for detention of the vessel for loading delays attributable
solely to the decision of the supplier of ocean transportation not to
commence loading because of the failure of the participant to establish
an ocean freight letter of credit in accordance with paragraph (a)(5)
of this section. However, ocean freight contracts may not contain a
specified detention rate. The ocean transportation supplier shall be
entitled to reimbursement for detention costs for all time so lost, for
each calendar day or any part of the calendar day, including Saturdays,
Sundays and holidays. The period of such delay shall not commence
earlier than upon presentation of the vessel at the designated loading
port within the laydays specified in the ocean freight contract, and
upon notification of the vessel's readiness to load in accordance with
the terms of the applicable ocean freight contract. The period of such
delay shall end at the time that operable irrevocable letters of credit
have been established for the applicable ocean freight or the time the
vessel begins loading, whichever is earlier. Time calculated as
detention shall not count as laytime. Reimbursement for such detention
shall be payable no later than upon the vessel's arrival at the first
port of discharge.
(l) Force majeure. (1) The GSM will waive the requirement for the
notice of arrival required by Form CCC-106 by a written notice to the
supplier of ocean transportation on the receipt of evidence
satisfactory to the General Sales Manager that the vessel is lost or
unable to proceed to destination after completion of loading as a
result of one or more of the following causes: Damage caused by perils
of the sea or other waters; collisions; wrecks; stranding without the
fault of the carrier; jettison; fire from any cause; Act of God; public
enemies or pirates; arrest or restraint of princes, rulers or peoples
without the fault of the supplier of ocean transportation; wars; public
disorders; captures; or detention by public authority in the interest
of public safety. The supplier may substitute such waiver for the
notice of arrival.
(2) The determination of a force majeure by the GSM shall not
relieve the participant from its obligation under the Agricultural
Commodities Agreement to pay CCC, when due, the dollar amount of ocean
freight, plus interest (exclusive of ocean freight differential),
financed by CCC.
(m) Demurrage/despatch. CCC will not finance demurrage and CCC will
not share in despatch earnings. Owners and commodity suppliers will
settle laytime accounts at load port(s) and owners and charterers will
settle laytime accounts at discharge port(s). Under no circumstances
shall CCC be responsible for resolving disputes involving calculation
of laytime or the payment of demurrage or despatch.
(n) Ocean freight included in the commodity contract price. For
cost and freight or c.i.f. contracts the ocean freight, or the ocean
freight differential, as appropriate, will be financed only to the
extent specifically provided in the applicable purchase authorization.
(o) Separate freight contracts. Contracts for ocean transportation,
under a purchase authorization which limits delivery terms to f.o.b. or
f.a.s., must be separate and apart from the contracts for the
commodity.
Sec. 17.9 CCC payment to suppliers.
(a) General. (1) The supplier shall request payment from CCC for
the amount of the commodity price or the ocean freight or ocean freight
differential to be financed by CCC.
(2) The supplier shall support such a request for payment by
presenting to CCC the documents required by this section, the purchase
authorization, and the IFB, unless such documents were previously
submitted to CCC. Such documents, however, need not be submitted when
and to the extent that the Controller determines that the intended
purpose of a document is served by documents otherwise available to or
under the control of CCC or by alternate documents specified in such
determination.
[[Page 52940]]
(3) CCC will examine each document to ascertain that it is in
accordance with this part, the purchase authorization, and the IFB. CCC
will audit all the required documents to ensure accuracy, completeness,
and consistency. When CCC has determined that all required documents
have been submitted and that the documents are acceptable for payment,
CCC will pay the supplier for the commodity price or the ocean freight
or ocean freight differential to be financed by CCC which is supported
by the documents.
(4) CCC is required to issue all payments by electronic transfer.
Each supplier submitting documents to CCC for payment must provide the
name of the company, the bank ABA number to which payment is to be
made, the account number for the company at the bank, the company's
Taxpayer Identification Number, and the type of account being used.
(b) General documentation requirements. The supplier must put the
appropriate purchase authorization number on all required documents
which are prepared under the supplier's control, and should arrange for
the appropriate purchase authorization number to be put on all other
required documents at the time of their preparation.
(c) Documents required for payment--commodity. The general
provisions relating to such documents are as follows. Additional
requirements for payment to commodity suppliers for
c.& f. or c.i.f. sales are contained in paragraph (c)(8) of this
section.
(1) Supplier's certificate. A signed original of Form CCC-329
``Supplier's Certificate'' from the commodity supplier covering the net
invoice price for the commodity.
(2) Supplier's detailed invoice. Two copies of the supplier's
detailed invoice showing quantity, description, contracted price, net
total invoice price expressed in dollars, the amount for which
financing is requested from CCC, the amount not eligible for financing
by CCC, and basis of delivery of the commodity (e.g., f.o.b. vessel).
In arriving at the net invoice price there shall be deducted:
(i) All discounts from the supplier's contracted price through
payments, credits, or other allowances made or to be made to the
importer, the importer's agent or consignee;
(ii) All purchasing agents' commissions;
(iii) All other amounts not eligible for financing.
(3) Additional payment. A request for an additional payment
submitted for a transaction for which all or part of the required
documents have been previously submitted to CCC shall be supported by a
Form CCC-329 ``Supplier's Certificate'' and the supplier's detailed
invoice, covering the additional amount requested. The supplier's
invoice must show the date, serial number and the amount of the
original invoice and the basis for the additional amount claimed.
(4) Weight certificate. The weight certificate shall be issued by
or on authority of a State or other governmental weighing department,
Chamber of Commerce, Board of Trade, Grain Exchange, or other
independent organization or firm providing public weighing services.
Such organization or firm must have:
(i) Qualified, impartial, paid employees who are stationed at the
port facility or, if authorized under the applicable purchase
authorization, other facility where weights customarily are determined,
one of whom performed the weighing covered by the certificate; or
(ii) Qualified, independent, impartial, supervised, weighmasters
stationed at the port facility or, if authorized under the applicable
purchase authorization, other facility where weights are customarily
determined, one of whom supervised the employee of such a facility in
the performance of the weighing covered by the certificate.
(5) Federal appeal inspection. The official certificate
representing the results of an appeal inspection, when included in the
documents presented for payment, shall supersede any other inspection
certificate required by this part, the applicable purchase
authorization, the IFB or the contract.
(6) Form CCC-359. (i) Form FAS-359, ``Declaration of Sale,'' signed
for the GSM, is the written document by which USDA notified the
supplier that the sale was approved for financing. The supplier shall
submit Form FAS-359 to CCC with the documents covering the first
transaction under the contract. The unit price shown on the supplier's
invoice must not exceed the approved unit price shown on the Form FAS-
359.
(ii) For subsequent transactions under the same contract, the
supplier shall certify on the CCC copy of the detailed invoice as
follows:
I hereby certify that the applicable Form FAS-359 was submitted
to CCC with documents covering Invoice No. ____________ dated
____________ for $____________.
(7) Bill of lading. Four copies of the ocean bill of lading.
(8) C.&.f. or c.i.f. sales. In addition to the requirements of
paragraph (c)(1) through (7) of this section, the following
requirements apply for c.& f. or c.i.f. sales:
(i) Signed original of Form CCC-106.
(ii) The supplier's detailed invoice shall show a computation of
the dollar amount of ocean freight differential, whenever the Form CCC-
106 provides for an ocean freight differential on a cost and freight or
c.i.f. sale and authorizes financing of any portion of ocean freight by
CCC. In arriving at the net invoice price the supplier shall deduct the
ocean freight, or portion thereof which is not being financed by CCC.
(iii) One nonnegotiable copy of the insurance certificate or policy
where the cost of insurance is included in the price of the commodity
to be financed by CCC.
(iv) A request for an additional payment shall also include a
statement signed by the ship's master or owner (or agent of either of
them) showing exercise of the higher-rated option, if the payment is
stated to be due because of the exercise of a higher-rated option
provided in an ocean freight contract.
(d) Documents required for payment--ocean freight financed
separately from commodity price.
(1) Supplier's certificate. A signed original of Form CCC-329,
``Supplier's Certificate'', executed by the carrier or its agent,
covering the dollar cost of ocean freight or ocean freight
differential.
(2) Ocean bill of lading. One copy of the ocean bill of lading and,
if required by the related Form CCC-106, a notice of arrival at the
first port of discharge of the vessel named in the Form CCC-106. In
lieu of a notice of arrival the carrier may present a waiver of the
notice of arrival signed by the GSM or Controller.
(3) Invoice. One copy of the carrier's invoice which shows the
total freight costs, the amount not eligible for financing by CCC, and
the amount for which payment is requested from CCC. If the invoice
relates to a U.S.-flag vessel, such invoice shall contain the following
typed or stamped certification, executed by the supplier:
The undersigned hereby certifies that the vessel named herein
and for which ocean freight is claimed, qualifies as a privately
owned U.S.-flag commercial vessel within the requirements of Pub. L.
87-266 and is an eligible U.S.-flag vessel for the purposes of Pub.
L. 664, 83rd Congress.
(4) Form CCC-106. Signed original of Form CCC-106.
(5) Ocean freight contract. One copy of the ocean freight contract.
(6) Higher rated option. A request for payment of any amounts
claimed because of the exercise of a higher rated option following
payment of a lower rated option pursuant to Sec. 17.8(k)(1)
[[Page 52941]]
shall be supported by the following documents:
(i) One copy of the carrier's invoice as described in paragraph
(d)(3) of this section except for the certification required therein.
(ii) The Form CCC-329, ``Supplier's Certificate'', for the balance
claimed.
(iii) A statement signed by the ship's master, owner, or owner's
agent, and signed laytime statements or other written concurrence of
charterer or the charterer's agent showing the exercise of the higher
rated option.
(e) Payment of freight by CCC prior to the vessel's arrival at the
discharge port. (1) Upon request by the supplier, CCC may pay the ocean
freight or ocean freight differential to be financed by CCC before the
vessel arrives at the first port of discharge if the supplier furnishes
CCC financial coverage in the form of an acceptable letter of credit
from a U.S. bank.
(2) The amount of security required by CCC under paragraph (e)(1)
of this section may be computed by multiplying the ocean freight rate
or ocean freight differential rate financed by CCC as shown on the
related Form CCC-106 times either:
(i) The tonnage shown on the related bill of lading, if the bill of
lading is furnished to CCC; or
(ii) The tonnage stated in the ocean freight contract (without
tolerance).
(3) On receipt of an acceptable letter of credit, the Controller
will issue a waiver of the notice of arrival which is required under
paragraph (d)(2) of this section.
(f) Advice of amount financed. CCC will forward advice of payment
to the participant.
Sec. 17.10 Refunds and insurance.
(a) Participant--failure to comply. The participant shall pay in
U.S. dollars promptly to CCC on demand by the General Sales Manager the
entire amount financed by CCC (or such lesser amount as the GSM may
demand) whenever the GSM determines that the participant has failed to
comply with any agreement or commitment made by the participant in
connection with the transaction financed or with the applicable
Agricultural Commodities Agreement between the U.S. and the
participant.
(b) Adjustment refunds. All claims by importers for adjustment
refunds arising out of terms of the contract or out of the normal
customs of the trade, including arbitration and appeal awards,
allowances, and claims for overpayment of ocean transportation, if such
refunds relate to amounts financed by CCC, shall be settled by payment
in U.S. dollars and such payment shall be remitted by the supplier to
CCC. The remittance shall be identified with the date and amount of the
original payment and the applicable purchase authorization number.
(c) Insurance on c.i.f. sales. The provisions of this paragraph
apply only to transactions under purchase authorizations that
specifically authorize c.i.f. sales in which the cost of insurance is
included in the net c.i.f. invoice price of the commodity financed.
When the supplier furnishes insurance in favor of or for the account of
the importer, the policies or certificates of insurance shall include a
loss payable clause which provides that all claims shall be paid in
U.S. dollars to the Controller. Such payments shall be accompanied by
advice of the purchase authorization number, the names and addresses of
the supplier and importer, the nature of the claim, the quantity of the
commodity involved in the claim, the date of shipment, the bill of
lading number, and the name of the vessel. CCC will credit the account
of the participant or will refund local currency in accordance with
paragraph (e) of this section.
(d) Refund of ineligible amounts. If a sale has been financed and
CCC determines that the sales price exceeds the price permissible under
Sec. 17.5(b)(4), or that the sale is otherwise ineligible for
financing, in whole or in part, the supplier shall refund in dollars
such excess price or ineligible amount to CCC promptly on demand. If
not promptly refunded, such amount may be set off by CCC against monies
it owes to the supplier. The making of any such refund to CCC, or any
such setoff by CCC shall not prejudice the right of the supplier to
challenge such determination in a court action brought against CCC for
recovery of the amount refunded or set off.
(e) Refund of local currency or reduction of amount due.
Immediately after receipt by CCC of U.S. dollar payment from suppliers,
or from or for the account of the participant under this section, CCC
will provide for payment to the participant of the local currency
equivalent of dollars received, if such local currency has been
deposited for the particular transaction, or will credit the
participant's account as follows:
(1) For payments under this section, except paragraph (a), the
local currency refunded will be at the exchange rate agreed to by the
Government of the United States and the participant in effect at the
time the local currency is paid to or for the account of the importer,
except that if there has been a change in the exchange system or
structure of the importing country or the destination country, such
payment shall be made at the agreed exchange rate which was in effect
on the date of dollar disbursement for the transaction financed, and
except further that local currency shall not be paid when the dollars
are to be reauthorized for replacement of the commodity.
(2) For payment under paragraph (a) of this section, the local
currency refunded will be at the agreed exchange rate in effect on the
date of the dollar disbursement for the transaction financed: Provided,
that local currency will not be refunded to the extent that deposits of
such currency have been made available to the participant on a grant
basis.
(3) For refunds received by CCC under long-term credit agreements
the participant's account shall be credited with the dollar amount
refunded or otherwise recovered, and the participant notified
accordingly.
Sec. 17.11 Recordkeeping and access to records.
Suppliers and agents of the participant or importer shall keep
accurate books, records and accounts with respect to all contracts
entered into hereunder, including those pertaining to ocean
transportation-related services and records of all payments by
suppliers to representatives of the importer or participant, if CCC
finances any part of the ocean freight. Suppliers and agents shall
permit authorized representatives of the U.S. Government to have access
to their premises during regular hours to inspect, examine, audit and
make copies of such books, records and accounts. Suppliers and agents
shall retain such records until the expiration of three years after
final payment under such contracts.
Signed at Washington, D.C. on July 14, 1997.
Christopher E. Goldthwait,
General Sales Manager, Foreign Agricultural Service and Vice-President,
Commodity Credit Corporation.
[FR Doc. 97-26578 Filed 10-9-97; 8:45 am]
BILLING CODE 3410-10-P