« PreviousContinue »
functions, powers, and authority under the act shall be performed or exercised, · the Secretary shall act with the concurrence of the department, agency, or establishment concerned in each case.
(ii) In promulgating, under section 4 of the act, any regulations controlling the purchase or procurement of commodities, and in promulgating, under section 10 of the act, any rules and regulations necessary and proper to carry out any of the provisions of the act, the Secretary shall, to the extent that any such rule or regulation affects the operations of any agency, establishment, or department other than the Department of State, act with the concurrence of the agency, establishment, or department concerned in each case.
(iii) In making the determinations, required under paragraphs 2 and 3 of section 4 of the act, whether commodities to be purchased or procured under the act are in short supply in the United States, the Secretary of State shall act on the advice of the heads of the appropriate departments, agencies or establishments.
(iv) In making the determinations required under subsection (e) of section 11 of the act, whether a commodity required by any agency of the Government under any price support program is in excess of domestic requirements, the Secretary of State shall act on the advice of the Secretary of Agriculture; and such determinations shall be restricted to those necessary in connection with aid to the recipient countries, as defined in the act.
(2) To take such other action, not inconsistent with the act and this order, as may be necessary to provide aid in accordance with the provisions of the act, including the making of provisions for such personnel, supplies, facilities, and services as shall be necessary to carry out the provisions of this order, and the making of such arrangements with other departments, agencies and independent establishments of the Government and with other countries and international organizations as may be necessary and proper for carrying out the provisions and accomplishing the purposes of the act.
(b) The field administrator referred to in section 10 of the act, in exercising his responsibility for administering in
the recipient countries the program of assistance provided for in the act, shall act under the guidance and in accordance with the instructions of the Secretary of State.
(c) All funds appropriated to carry out the provisions of the act by the Third Supplemental Appropriation Act, 1948 (such funds being in the amount of $522,000,000), are hereby transferred to the Department of State, to be administered in accordance with the provisions of the act (as implemented by this order) and of the said appropriation act. (Pub. Law 389, 80th Cong.) [E.O. 9914, Dec. 26, 1947, 12 F.R. 8867) Subpart B-Regulations of the Secretary
of State CODIFICATION: Subpart B was originally codified as Part 99, but was redesignated by Departmental Regulation 108.62, Dec. 19, 1947, effective Dec. 24, 1947, 12 F.R. 8773.
AUTHORITY: $$ 401.101 and 401.102 issued under Pub. Law 84, 80th Cong., 61 Stat. 125, Pub. Law 271, 80th Cong., 61 Stat. 610; E.O. 9864, May 31, 1947, Title 3, supra.
SOURCE: $ $ 401.101 and 401.102 contained in Departmental Regulation 108.54, Assistant Secretary of State, Oct. 5, 1947, effective (except as noted following provision affected) July 1, 1947, except that in regard to relief supplies shipped to occupied areas the effective date is Aug. 1, 1947, 12 F.R. 7354.
§ 401.101 Authorization for ocean transportation. Payment for ocean transportation of relief supplies donated to or purchased by American voluntary and non-profit relief agencies shall be authorized or approved only when:
(a) The applicant is recorded with the Advisory Committee on Voluntary Foreign Aid, on forms specifically provided therefor, as an American voluntary and non-profit relief agency which is not engaged in commercial or political activities, is governed by an active and responsible body of American citizens who serve without compensation, whose accounts are audited by a Certified Public Accountant and which currently reports its activities and operations to the Committee for public inspection, including programs, projects, budgets, income and expenditures, transfers of funds and exports of commodities abroad, supplemented by such other information as the Committee may deem necessary.
(b) The applicant has obtained assurances from the Government of the country in which the supplies are to be distributed that appropriate facilities are afforded for the necessary and economical operations of the program; the Advisory Committee approves the applicant as competent to carry out the program; and the applicant's consignees are acceptable to the Advisory Committee.
(c) The supplies are to be distributed to persons who are eligible to receive general relief assistance from the appropriation "Relief Assistance to WarDevastated Countries” or the appropriation "Government and Relief in Occupied Areas”, contained in "The Supplemental Appropriation Act, 1948", and who are in countries or areas receiving such assistance.
(d) The supplies shipped are in such quantities and kinds and for such purposes as to constitute essential supplements to the supplies specified for general relief assistance in the act of May 31, 1947.
(e) The charges claimed for reimbursement are for actual transportation of the supplies from shipside at port of loading to end of ship's tackle at port of discharge as correctly assessed by the carrier for freight on a weight, measurement, or unit basis, and free of any other charges except surcharges for such transportation as may be currently in effect. [Preceding paragraph, in small type, superseded by following paragraph during period covered by this Supplement]
(e) The charges claimed for reimbursement are for actual transportation of the supplies from shipside at port of loading to end of ship's tackle at port of discharge as correctly assessed by the carrier for freight on a weight measurement, or unit basis, and free of any other charges except surcharges for such transportation as may be currently in effect; Provided, That when other funds or services are not available, claims may be made for necessary expenses incurred at port of shipment for transfer, repacking, stevedoring, and other handling costs, by American voluntary and non-profit relief agencies specifically authorized to incur such charges. [Paragraph (e) amended by Dept. Reg. 108.55, Oct. 18, 1947, effective Nov. 25, 1947, 12 F.R. 7901)
(f) The applicant has provided satisfactory assurances that:
(1) The supplies essentially supplement the supplies provided for general relief assistance by the United States.
(2) The supplies are free of customs duties, other duties, tolls, and taxes, and are treated as supplementary to, rather than a substitute for, the regular rations in the country of consumption.
(3) The full responsibility is assumed for the non-commercial distribution of the supplies free of cost to the person ultimately receiving them, and that distribution is under the supervision of American personnel.
(4) The supplies are, to the extent practicable, identified as to their American origin, and that all practical steps are taken at the time of distribution to inform the ultimate consumer that such supplies have been freely provided by a voluntary agency of the United States of America.
$ 401.102 The Advisory Committee on Voluntary Foreign Aid. The Advisory Committee on Voluntary Foreign Aid, appointed by the Secretary of State and the Secretary of Agriculture jointly on May 14, 1946, at the request of the President, to succeed the President's War Relief Control Board, is hereby authorized and empowered:
(a) To receive applications for reimbursement, on forms specifically provided therefor, together with such other documents as may be required by the Government of the United States as evidence of payments for the cost of ocean transportation by claimant agencies.
(b) To review such applications at the close of the first quarter of the fiscal year ending June 30, 1948, and thereafter at the close of each succeeding month during the fiscal year 1948 in which the supplies are shipped, in relation to:
(1) The fulfillment of the conditions set forth in § 99.1.
(2) The equitable apportionment of the funds available among the respective claimant agencies.
(c) To certify or withhold certification for payment, in whole or in part, applications of the claimant agencies for reimbursement.
CHAPTER II—COMMISSIONS, BOARDS, INSTITUTES, AND
N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C. 1002, 1003).
Subchapter D-Medal for Merit Board Part 801 Regulations governing the President's certificate of merit. (Amended]
Subchapter E-Institute of Inter-American Affairs 900 Organization. (Revised]
Subchapter F-Inter-American Educational Foundation, Inc. (Revoked]
Subchapter D_Medal for Merit Board
PART 801-REGULATIONS GOVERN
ING THE PRESIDENT'S CERTIFICATE OF MERIT
$ 801.1 President's certificate of merit.
(e) The President's Certificate of Merit shall not be awarded for any act
or service performed subsequent to the cessation of hostilities of World War II, as proclaimed by Proclamation No. 2714 of December 31, 1946, and no proposals for such award submitted after June 30, 1947, shall be considered by the Medal for Merit Board. (Paragraph (e) added by E.O. 9857B, May 27, 1947, 12 F.R. 3585]
Subchapter E-Institute of Inter-American Affairs
[REVISED) Sec. 900.1 Creation, 900.2 Central organization. 900.3 Field offices. 900.4 Program. 900.5 Additional information.
AUTHORITY: $ $ 900.1 to 900.5, inclusive, 18sued under sec. 3, 60 Stat. 238, Pub. Law 369, 80th Cong., 5 U.S.C. 1002.
SOURCE: $$ 900.1 to 900.5, inclusive, contained in Statement of Organization, Acting President, Institute of Inter-American Affairs, Sept. 3, 1947, 12 F.R. 5889.
$ 900.1 Creation. The Institute of Inter-American Affairs was created a body corporate and as an agency of the
United States of America by Public Law 369, known as the "Institute of InterAmerican Affairs Act," approved August 5, 1947. The purposes of the Institute are to further the general welfare of, and to strengthen friendship and understanding among, the peoples of the American republics through collaboration with other governments and governmental agencies of the American republics in planning, initiating, assisting, financing, administering, and executing technical programs and projects, especially in the fields of public health, sanitation, agriculture, and education.
In accordance with the provisions of section 12 of the act, The Institute of Inter-American Affairs and the Inter§ 900.5
Chapter II—Commissions, Boards, Institutes, and Foundations
American Educational Foundation, Inc., two Government corporations caused to be created under the laws of the State of Delaware, transferred effective as of opening of business August 9, 1947, to The Institute of Inter-American Affairs (the new corporation created by the act) and the new corporation accepted the transfer of all necessary personnel, the assets, funds, property, debts, liabilities, obligations, and duties, and all rights, privileges, and powers subject to all restrictions, disabilities, and duties of the two Delaware corporations.
$ 900.2 Central organization. (a) The central organization of the corporation is located in Washington, D. C., where its policies and functions are determined by its board of directors, appointed by the Secretary of State, and are put into operation by appropriate officers and division directors. The divisions of the Institute consist of the following: Health and Sanitation Division. Food Supply Division. Administration Division. Education Division.
(b) In addition the corporation maintains a General Counsel's Office and an Information Section,
$ 900.3 Field offices. As of August 9, 1947, the principal field offices of the corporation are located in the capital cities of the following countries: Bolivia.
Costa Rica. Chile.
Panama. El Salvador.
$ 900.4 Program. (a) The program of the Institute is carried out pursuant to cooperative agreements between the corporation and each of the other American republics concerned, for the development of higher standards of public health and sanitation (Health and Sanitation Division), the development of improved means of food production (Food Supply Division) and the development of educational programs in the other American republics (Education Division), with emphasis on general education, particularly in rural areas, in the elementary, secondary, and normal schools; vocational and health education; and the teaching of the English language.
(b) Each of the field parties in the respective countries is under the supervision of a chief of party of the Institute who is authorized to represent the Institute in the particular country and to manage its operations in carrying out the terms and conditions of each agreement.
$ 900.5 Additional information. Additional information concerning The Institute of Inter-American Affairs may be secured by addressing the President, The Institute of Inter-American Affairs, 499 Pennsylvania Avenue NW., Washington, D. C.
Subchapter F-Inter-American Educational Foundation, Inc.
[Revoked] CODIFICATION: Subchapter F was revoked, by Order, Acting President, Institute of InterAmerican Affairs, Sept. 3, 1947, 12 F.R. 5889.