cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
19 rows where agency = "CCC" and part_number = 1499 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: amendment_citations
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 7:7:10.1.2.3.46.0.344.1 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.1 Purpose and applicability. | CCC | [81 FR 62605, Sept. 12, 2016, as amended at 84 FR 45058, Aug. 28, 2019; 87 FR 53365, Aug. 31, 2022] | (a) This part sets forth the general terms and conditions governing the award of donated commodities and funds by the Commodity Credit Corporation (CCC) to recipients under the Food for Progress (FFPr) Program. Under the FFPr Program, recipients use the donated commodities, proceeds from any sale of such commodities, CCC-provided funds, and program income to implement a project in a foreign country pursuant to an agreement with CCC. The Foreign Agricultural Service (FAS) of the United States Department of Agriculture (USDA) administers the FFPr Program on behalf of CCC. (b)(1) The Office of Management and Budget (OMB) issued guidance on Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200. In 2 CFR 400.1, USDA adopted OMB's guidance in subparts A through F of 2 CFR part 200, as supplemented by 2 CFR part 400, as USDA policies and procedures for uniform administrative requirements, cost principles, and audit requirements for Federal awards. (2) The OMB guidance at 2 CFR part 200, as supplemented by 2 CFR part 400 and this part, applies to the FFPr Program, except as provided in paragraphs (e), (f) and (g) of this section. (c) In addition to the provisions of this part, other regulations that are generally applicable to grants and cooperative agreements of USDA, including the applicable regulations set forth in 2 CFR chapters I, II, and IV, also apply to the FFPr Program, to the extent that such regulations do not directly conflict with the provisions of this part. The provisions of the CCC Charter Act (15 U.S.C. 714 et seq. ) and any other statutory or regulatory provisions that are generally applicable to CCC apply to the FFPr Program. (d) In accordance with 7 U.S.C. 1736o(b)(5), assistance under the FFPr Program may be provided to governments of emerging agricultural countries, intergovernmental organizations, private voluntary organizations, nonprofit agricultural organizations or cooperatives, nongovernmental organizations, colleges or universit… | |||||
| 7:7:10.1.2.3.46.0.344.10 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.10 Claims for damage to or loss of donated commodities. | CCC | [81 FR 62605, Sept. 12, 2016, as amended at 87 FR 53367, Aug. 31, 2022] | (a) CCC will be responsible for claims arising out of damage to or loss of a quantity of the donated commodities prior to the transfer of title to the donated commodities to the recipient. The recipient will be responsible for claims arising out of damage to or loss of a quantity of the donated commodities while the recipient has title to the donated commodities. (b) If the recipient has title to donated commodities that have been damaged or lost, and the amount of the damage or loss is estimated to exceed $20,000, the recipient must: (1) Promptly upon discovery of the damage or loss, initiate a claim arising out of such damage or loss, including, if appropriate, initiating an action to collect pursuant to a commercial insurance contract; (2) Take all necessary action to pursue the claim diligently and within any applicable periods of limitations; and (3) Provide to CCC copies of all documentation relating to the claim. (c)(1) The value of a claim for lost donated commodities will be determined on the basis of the commodity acquisition, transportation, and related costs incurred by CCC with respect to such commodities, as well as such costs incurred by the recipient and paid by CCC. (2) The value of a claim for damaged donated commodities will be determined on the basis of the commodity acquisition, transportation, and related costs incurred by CCC with respect to such commodities, as well as such costs incurred by the recipient and paid by CCC, less any funds generated if such commodities are sold in accordance with § 1499.9(f)(1). (d) If CCC determines that a recipient has not initiated a claim or is not exercising due diligence in the pursuit of a claim, CCC may require the recipient to assign its rights to initiate or pursue the claim to CCC. Failure by the recipient to initiate a claim or exercise due diligence in the pursuit of a claim will be considered by CCC during the review of applications for subsequent food assistance awards. (e)(1) A recipient may retain any funds obtained as a result of a c… | |||||
| 7:7:10.1.2.3.46.0.344.11 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.11 Use of donated commodities, sale proceeds, CCC-provided funds, and program income. | CCC | [81 FR 62605, Sept. 12, 2016, as amended at 84 FR 45059, Aug. 28, 2019; 87 FR 53367, Aug. 31, 2022] | (a) A recipient must use the donated commodities, any sale proceeds, CCC-provided funds, interest, and program income in accordance with the agreement. (b) A recipient must not use donated commodities, sale proceeds, CCC-provided funds, interest, or program income for any activity or any expense incurred by the recipient or a subrecipient prior to the start date of the period of performance of the agreement or after the agreement is suspended or terminated, without the prior written approval of CCC. (c) A recipient must not permit the distribution, handling, or allocation of donated commodities on the basis of political affiliation, geographic location, or the ethnic, tribal or religious identity or affiliation of the potential consumers or beneficiaries. (d) A recipient must not permit the distribution, handling, or allocation of donated commodities by the military forces of any government or insurgent group without the specific authorization of CCC. (e) A recipient must not use sale proceeds, CCC-provided funds, interest, or program income to acquire goods and services, either directly or indirectly through another party, in a manner that violates a U.S. Government economic sanctions program, as specified in the agreement. (f) A recipient may sell or barter donated commodities only if such sale or barter is provided for in the agreement or the recipient is disposing of damaged donated commodities as specified in § 1499.9(f). The recipient must sell donated commodities at a reasonable market price. The recipient must obtain approval of its proposed sale price from CCC before selling donated commodities. The recipient must use any sale proceeds, interest, program income, or goods or services derived from the sale or barter of the donated commodities only as provided in the agreement. (g) A recipient must deposit and maintain all sale proceeds, CCC-provided funds, and program income in a bank account until they are used for a purpose authorized under the agreement or the CCC-provided funds are returned to CC… | |||||
| 7:7:10.1.2.3.46.0.344.12 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.12 Monitoring and evaluation requirements. | CCC | (a) A recipient will be responsible for designing a performance monitoring plan for the project, obtaining written approval of the plan from CCC before putting it into effect, and managing and implementing the plan, unless otherwise specified in the agreement. (b) A recipient must establish baseline values, annual targets, and life of activity targets for each performance indicator included in the recipient's approved performance monitoring plan, unless otherwise specified in the agreement. (c) A recipient must inform CCC, in the manner and within the time period specified in the agreement, of any problems, delays, or adverse conditions that materially impair the recipient's ability to meet the objectives of the agreement. This notification must include a statement of any corrective actions taken or contemplated by the recipient, and any additional assistance requested from CCC to resolve the situation. (d) A recipient will be responsible for designing an evaluation plan for the project, obtaining written approval of the plan from CCC before putting it into effect, and arranging for an independent third party to implement the evaluation, unless otherwise specified in the agreement. This evaluation plan will detail the evaluation purpose and scope, key evaluation questions, evaluation methodology, time frame, evaluation management, and cost. This plan will generally be based upon the evaluation plan that the recipient submitted to CCC as part of its application, pursuant to § 1499.4(b)(6), unless the notice of funding opportunity specified that an evaluation plan was not required to be included in the application. The recipient must ensure that the evaluation plan: (1) Is designed using the most rigorous methodology that is appropriate and feasible, taking into account available resources, strategy, current knowledge and evaluation practices in the sector, and the implementing environment; (2) Is designed to inform management, activity implementation, and strategic decision-making; (3) Utilizes analytical ap… | ||||||
| 7:7:10.1.2.3.46.0.344.13 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.13 Reporting and record keeping requirements. | CCC | [87 FR 53368, Aug. 31, 2022] | (a) A recipient must comply with the performance and financial monitoring and reporting requirements in the agreement and 2 CFR 200.328 through 200.330. (b) A recipient must submit financial reports to CCC, by the dates and for the reporting periods specified in the agreement. Such reports must provide an accurate accounting of sale proceeds, CCC-provided funds, interest, program income, and voluntary committed cost sharing or matching contributions. When reporting financial information under the agreement, the recipient must include the amounts in U.S. dollars and, if funds are held in local currency, the exchange rate. (c)(1) A recipient must submit performance reports to CCC, by the dates and for the reporting periods specified in the agreement. These reports must include the following: (i) The information required in 2 CFR 200.329(c)(2), including additional pertinent information regarding the recipient's progress, measured against established indicators, baseline values, and targets, towards achieving the expected results specified in the agreement. This reporting must include, for each performance indicator, a comparison of actual accomplishments with the baseline values and the targets established for the period. When actual accomplishments deviate significantly from targeted goals, the recipient must provide an explanation in the report; (ii) Information covering the receipt, handling, and disposition of the donated commodities, until all of the donated commodities have been distributed, sold, or bartered and such disposition has been reported to CCC; and (iii) If the agreement authorizes the sale or barter of donated commodities, information covering the receipt and use of any sale proceeds, goods and services derived from barter, and program income, until all of the sale proceeds, goods and services derived from barter, and program income have been disbursed or used and reported to CCC. (2) A recipient must ensure the accuracy and reliability of the performance data submitted to CCC in performance… | |||||
| 7:7:10.1.2.3.46.0.344.14 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.14 Subrecipients. | CCC | [81 FR 62605, Sept. 12, 2016, as amended at 84 FR 45060, Aug. 28, 2019; 87 FR 53368, Aug. 31, 2022] | (a) A recipient may utilize the services of a subrecipient to implement activities under the agreement if this is provided for in the agreement. The subrecipient may receive donated commodities, sale proceeds, CCC-provided funds, program income, or other resources from the recipient for this purpose. The recipient must enter into a written subagreement with the subrecipient and comply with the applicable provisions of 2 CFR 200.332. The recipient must provide a copy of each subagreement to CCC, in the manner set forth in the agreement, prior to the transfer of any donated commodities, sale proceeds, CCC-provided funds, or program income to the subrecipient. (b) A recipient must include the following requirements in a subagreement: (1) The subrecipient is required to comply with the applicable provisions of this part and 2 CFR parts 200 and 400. The applicable provisions are those that relate specifically to subrecipients, as well as those relating to non-Federal entities that impose requirements that would be reasonable to pass through to a subrecipient because they directly concern the implementation by the subrecipient of one or more activities under the agreement. If there is a question about whether a particular provision is applicable, CCC will make the determination. (2) The subrecipient is prohibited from using sale proceeds, CCC-provided funds, interest, or program income to acquire goods and services, either directly or indirectly through another party, in a manner that violates a U.S. Government economic sanctions program, as specified in the agreement. (3) The subrecipient must pay to the recipient the value of any donated commodities, sale proceeds, CCC-provided funds, interest, or program income that are not used in accordance with the subagreement, or that are lost, damaged, or misused as a result of the subrecipient's failure to exercise reasonable care. (4) The subrecipient is responsible for complying with the applicable compliance requirements set forth in the subaward in accordance with § … | |||||
| 7:7:10.1.2.3.46.0.344.15 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.15 Noncompliance with an agreement. | CCC | [81 FR 62605, Sept. 12, 2016, as amended at 87 FR 53368, Aug. 31, 2022] | If a recipient fails to comply with a Federal statute or regulation or the terms and conditions of the agreement, and CCC determines that the noncompliance cannot be remedied by imposing additional conditions, CCC may take one or more of the actions set forth in 2 CFR 200.339 and, if appropriate, initiate a claim against the recipient. CCC may also initiate a claim against a recipient if the donated commodities are damaged or lost, or the sale proceeds, goods received through barter, CCC-provided funds, interest, or program income are misused or lost, due to an action or omission of the recipient. | |||||
| 7:7:10.1.2.3.46.0.344.16 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.16 Suspension and termination of agreements. | CCC | [81 FR 62605, Sept. 12, 2016, as amended at 84 FR 45060, Aug. 28, 2019; 87 FR 53368, Aug. 31, 2022] | (a) CCC may suspend or terminate an agreement if it determines that: (1) One of the bases in 2 CFR 200.339 or 200.340 for suspension or termination by CCC has been satisfied; (2) The continuation of the assistance provided under the agreement is no longer necessary or desirable; or (3) Storage facilities are inadequate to prevent spoilage or waste of the donated commodities, or distribution of the donated commodities will result in a substantial disincentive to or interference with domestic production or marketing in the target country. (b) The termination provisions in 2 CFR 200.340 and 200.341 will apply to an agreement. (c) If an agreement is terminated, the recipient: (1) Is responsible for the security and integrity of any undistributed donated commodities and must dispose of such commodities only as agreed to by CCC; (2) Is responsible for any sale proceeds, CCC-provided funds, interest, or program income that have not been disbursed and must use or return them only as agreed to by CCC; and (3) Must comply with any closeout and post-closeout provisions specified in the agreement and 2 CFR 200.344 and 200.345. | |||||
| 7:7:10.1.2.3.46.0.344.17 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.17 Opportunities to object and appeals. | CCC | [81 FR 62605, Sept. 12, 2016, as amended at 84 FR 45060, Aug. 28, 2019] | (a) CCC will provide an opportunity to a recipient to object to, and provide information and documentation challenging, any action taken by CCC pursuant to § 1499.15. CCC will comply with any requirements for hearings, appeals, or other administrative proceedings to which the recipient is entitled under any other statute or regulation applicable to the action involved. For example, if the action taken by CCC pursuant to § 1499.15 is to initiate suspension or debarment proceedings as authorized under 2 CFR parts 180 and 417, then the requirements in 2 CFR parts 180 and 417 will apply instead of the requirements in this section. In the absence of other applicable statutory or regulatory requirements, the requirements set forth in this section will apply. (b) The recipient must submit its objection in writing, along with any documentation, to the official specified in the agreement within 30 days after the date of CCC's written notification to the recipient of the CCC action being challenged. This official will endeavor to notify the recipient of his or her determination (the initial determination) within 60 days after the date that CCC received the recipient's written objection. (c) The recipient may appeal the initial determination to the Administrator, FAS. An appeal must be in writing and be submitted to the Office of the Administrator within 30 days after the date of the initial determination. The recipient may submit additional documentation with its appeal. (d) The Administrator will base the determination on appeal upon information contained in the administrative record and will endeavor to make a determination within 60 days after the date that CCC received the appeal. The determination of the Administrator will be the final determination of CCC. The recipient must exhaust all administrative remedies contained in this section before pursuing judicial review of a determination by the Administrator. | |||||
| 7:7:10.1.2.3.46.0.344.18 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.18 Audit requirements. | CCC | (a) Subpart F, Audit Requirements, of 2 CFR part 200 applies to recipients and subrecipients under this part other than those that are for-profit entities, foreign public entities, or foreign organizations. (b) A recipient or subrecipient that is a for-profit entity or a foreign organization, and that expends, during its fiscal year, a total of at least the audit requirement threshold in 2 CFR 200.501 in Federal awards, is required to obtain an audit. Such a recipient or subrecipient has the following two options to satisfy this requirement: (1)(i) A financial audit of the agreement or subagreement, in accordance with the Government Auditing Standards issued by the United States Government Accountability Office (GAO), if the recipient or subrecipient expends Federal awards under only one CCC program during such fiscal year; or (ii) A financial audit of all Federal awards from CCC, in accordance with GAO's Government Auditing Standards, if the recipient or subrecipient expends Federal awards under multiple CCC programs during such fiscal year; or (2) An audit that meets the requirements contained in subpart F of 2 CFR part 200. (c) A recipient or subrecipient that is a for-profit entity or a foreign organization, and that expends, during its fiscal year, a total that is less than the audit requirement threshold in 2 CFR 200.501 in Federal awards, is exempt from requirements under this section for an audit for that year, except as provided in paragraphs (d) and (f) of this section, but it must make records available for review by appropriate officials of Federal agencies. (d) CCC may require an annual financial audit of an agreement or subagreement when the audit requirement threshold in 2 CFR 200.501 is not met. In that case, CCC must provide funds under the agreement for this purpose, and the recipient or subrecipient, as applicable, must arrange for such audit and submit it to CCC. (e) When a recipient or subrecipient that is a for-profit entity or a foreign organization is required to obtain a financial … | ||||||
| 7:7:10.1.2.3.46.0.344.19 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.19 Paperwork Reduction Act. | CCC | [81 FR 62605, Sept. 12, 2016, as amended at 87 FR 53369, Aug. 31, 2022] | The information collection requirements contained in this part have been approved by OMB under the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, and have been assigned OMB control number 0551-0035. A person is not required to respond to a collection of information unless it displays a currently valid OMB control number. | |||||
| 7:7:10.1.2.3.46.0.344.2 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.2 Definitions. | CCC | [81 FR 62605, Sept. 12, 2016, as amended at 84 FR 45059, Aug. 28, 2019; 87 FR 53365, Aug. 31, 2022] | These are definitions for terms used in this part. The definitions in 2 CFR part 200, as supplemented in 2 CFR part 400, are also applicable to this part, with the exception that, if a term that is defined in this section is defined differently in 2 CFR part 200 or part 400, the definition in this section will apply to such term as used in this part. Activity means a discrete undertaking within a project to be carried out by a recipient, directly or through a subrecipient, that is specified in an agreement and is intended to fulfill a specific objective of the agreement. Agreement means a legally binding grant or cooperative agreement entered into between CCC and a recipient to implement a project under the FFPr Program. CCC means the Commodity Credit Corporation, an agency and instrumentality of the United States within USDA, and includes any official of the United States delegated the responsibility to act on behalf of CCC. CCC-provided funds means U.S. dollars provided under an agreement to a recipient, or through a subagreement to a subrecipient, for expenses authorized in the agreement, such as expenses for the internal transportation, storage and handling of the donated commodities; expenses involved in the administration, monitoring, and evaluation of the activities under the agreement; and technical assistance related to the monetization of the donated commodities. College or university means an educational institution in any State which admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; is legally authorized within such State to provide a program of education beyond secondary education; provides an educational program for which a bachelor's degree or any other higher degree is awarded; is a public or other nonprofit institution; and is accredited by a nationally recognized accrediting agency or association. The terms include a research foundation maintained by such a colleg… | |||||
| 7:7:10.1.2.3.46.0.344.3 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.3 Eligibility and conflicts of interest. | CCC | [81 FR 62605, Sept. 12, 2016, as amended at 84 FR 45059, Aug. 28, 2019; 87 FR 53365, Aug. 31, 2022] | (a) A private voluntary organization, a nonprofit agricultural organization or cooperative, a nongovernmental organization, a college or university, or any other private entity is eligible to submit an application under this part to become a recipient under the Food for Progress Program. CCC will set forth specific eligibility information, including any factors or priorities that will affect the eligibility of an applicant or application for selection, in the full text of the applicable notice of funding opportunity posted on the U.S. Government website for grant opportunities. (b) Applicants, recipients, and subrecipients must comply with policies established by CCC pursuant to 2 CFR 400.2(a), and with the requirements in 2 CFR 400.2(b), regarding conflicts of interest. | |||||
| 7:7:10.1.2.3.46.0.344.4 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.4 Application process. | CCC | [81 FR 62605, Sept. 12, 2016, as amended at 87 FR 53365, Aug. 31, 2022] | (a) An applicant seeking to enter into an agreement with CCC must submit an application, in accordance with this section, that sets forth its proposal to carry out activities under the FFPr Program in a proposed target country(ies). An application must contain the items specified in paragraph (b) of this section as well as any other items required by the notice of funding opportunity and must be submitted electronically to CCC at the address set forth in the notice of funding opportunity. (b) An applicant must include the following items in its application: (1) A completed Form SF-424, which is a standard application for Federal assistance; (2) An introduction and a strategic analysis, which includes a description of opportunities for lasting impact and sustainable benefits, as specified in the notice of funding opportunity; (3) A plan of operation that contains the elements specified in the notice of funding opportunity; (4) A summary line item budget and a detailed budget narrative that indicate: (i) The amounts of any sale proceeds, CCC-provided funds, interest, program income, and voluntary committed cost sharing or matching contributions that the applicant proposes to use to fund: (A) Administrative costs; (B) Inland and internal transportation, storage and handling (ITSH) costs; and (C) Activity costs; (ii) Where applicable, how the applicant's indirect cost rate will be applied to each type of expense; and (iii) The amount of funding that will be provided to each proposed subrecipient under the agreement; (5) A project-level results framework that outlines the changes that the applicant expects to accomplish through the proposed project and is based on the FFPr Program-level results framework, as set forth in the notice of funding opportunity; (6) Unless otherwise specified in the notice of funding opportunity, an evaluation plan that describes the proposed design, methodology, and time frame of the project's evaluation activities, and how the applicant intends to manage these activities, and … | |||||
| 7:7:10.1.2.3.46.0.344.5 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.5 Agreements. | CCC | [81 FR 62605, Sept. 12, 2016, as amended at 84 FR 45059, Aug. 28, 2019; 87 FR 53365, Aug. 31, 2022] | (a) After CCC approves an application by an applicant, CCC will negotiate an agreement with the applicant. The agreement will set forth the obligations of CCC and the recipient. (b) The agreement will include the general information required in 2 CFR 200.211(b), as applicable. (c) The agreement will incorporate general terms and conditions, pursuant to 2 CFR 200.211(c), as applicable. (d) To the extent that this information is not already included in the agreement pursuant to paragraphs (b) and (c) of this section, the agreement will also include the following: (1) The kind, quantity, and use of the donated commodities and an estimated commodity call forward schedule, with the month and year indicated for each expected commodity shipment; (2) A plan of operation, which will include the following: (i) The objectives to be accomplished under the project; (ii) A detailed description of each activity to be implemented; (iii) The target country(ies) and the areas of the target country(ies) in which the activities will be implemented; (iv) The methods and criteria for selecting the beneficiaries of the activities; (v) Any contributions for cost sharing or matching, including cash and non-cash contributions, that the recipient expects to receive from non-CCC sources that: (A) Are critical to the implementation of the activities; or (B) Enhance the implementation of the activities; (vi) Any subrecipient that will be involved in the implementation of the activities, and the criteria for selecting a subrecipient that has not yet been identified; (vii) Any other governmental or nongovernmental entities that will be involved in the implementation of the activities; and (viii) Any processing, packaging, or repackaging of the donated commodities that will take place prior to their distribution, sale, or barter by the recipient; (3) A budget, which will set forth the maximum amounts of sale proceeds, CCC-provided funds, interest, program income, and voluntary committed cost sharing or matching contributions that… | |||||
| 7:7:10.1.2.3.46.0.344.6 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.6 Payments. | CCC | [81 FR 62605, Sept. 12, 2016, as amended at 84 FR 45059, Aug. 28, 2019; 87 FR 53365, Aug. 31, 2022] | (a) If a recipient arranges for transportation in accordance with § 1499.7(b)(2), CCC will, as specified in the agreement, pay the costs of such transportation to the ocean carrier or to the recipient. The recipient must, as specified in the agreement, submit to CCC, arrange to be submitted to CCC, or maintain on file and make available to CCC, the following documents: (1) The original, or a true copy, of each on board bill of lading indicating the freight rate and signed by the originating ocean carrier; (2) For all non-containerized cargoes: (i) A signed copy of the Federal Grain Inspection Service (FGIS) Official Stowage Examination Certificate; (ii) A signed copy of the National Cargo Bureau Certificate of Readiness; and (iii) A signed copy of the Certificate of Loading issued by the National Cargo Bureau or a similar qualified independent surveyor; (3) For all containerized cargoes, a copy of the FGIS Container Condition Inspection Certificate; (4) A signed copy of the U.S. Food Aid Booking Note or charter party covering ocean transportation of the cargo; (5) In the case of charter shipments, a signed notice of arrival at the first discharge port, unless CCC has determined that circumstances that could not have been reasonably anticipated or controlled (force majeure) have prevented the ocean carrier's arrival at the first port of discharge; and (6) A request for payment of freight, survey costs other than at load port, and other expenses approved by CCC. (b) If the agreement specifies that some or all of the documents listed in paragraph (a) of this section will be submitted to CCC, then CCC will not render payment for transportation services until it has received all of the specified documents. (c) If a recipient arranges for transportation in accordance with § 1499.7(b)(2), and the recipient uses a freight forwarder, the recipient must ensure that the freight forwarder is registered in the SAM and require the freight forwarder to submit the documents specified in paragraph (a) of this section. … | |||||
| 7:7:10.1.2.3.46.0.344.7 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.7 Transportation of donated commodities. | CCC | [81 FR 62605, Sept. 12, 2016, as amended at 87 FR 53366, Aug. 31, 2022] | (a) Shipments of donated commodities are subject to the requirements of 46 U.S.C. 55305, regarding carriage on U.S.-flag vessels. (b) Transportation to the designated discharge port or point of entry of donated commodities, and other goods such as bags that may be provided by CCC under the FFPr Program, will be arranged for under a specific agreement in the manner determined by CCC. Such transportation will be arranged for by: (1) CCC in accordance with the Federal Acquisition Regulation (FAR) in 48 CFR chapter 1, the Agriculture Acquisition Regulation (AGAR) in 48 CFR chapter 4, and directives issued by the Director, Office of Contracting and Procurement, USDA; or (2) The recipient, with payment by CCC, in the manner specified in the agreement. (c) A recipient that is responsible for transportation under paragraph (b)(2) of this section must declare in the transportation contract the point at which the ocean carrier will take custody of donated commodities to be transported. (d) A recipient may only use the services of a transportation company that is legally operating in the country in which it will be transporting the donated commodities and that would not have a conflict of interest in transporting such donated commodities. (e) A recipient that arranges for transportation in accordance with paragraph (b)(2) of this section may only use the services of a freight forwarder that is licensed by the Federal Maritime Commission and that would not have a conflict of interest in carrying out the freight forwarder duties. To assist CCC in determining whether there is a potential conflict of interest, the recipient must submit to CCC a certification indicating that the freight forwarder: (1) Is not engaged in, and will not engage in, supplying commodities or furnishing ocean transportation or ocean transportation-related services for commodities provided under any FFPr Program agreement to which the recipient is a party; and (2) Is not affiliated with the recipient and has not made arrangements to give or recei… | |||||
| 7:7:10.1.2.3.46.0.344.8 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.8 Entry, handling, and labeling of donated commodities and notification requirements. | CCC | [87 FR 53366, Aug. 31, 2022] | (a) A recipient must make all necessary arrangements for receiving the donated commodities in the target country, including obtaining appropriate approvals for entry and transit. The recipient must make arrangements with the target country government for all donated commodities that will be distributed to beneficiaries to be imported and distributed free from all customs duties, tolls, and taxes. A recipient is encouraged to make similar arrangements, where possible, with the government of a country where donated commodities to be sold or bartered are delivered. (b) A recipient must, as provided in the agreement, arrange for transporting, storing, and distributing the donated commodities from the designated point and time where title to the donated commodities passes to the recipient, except that CCC will arrange for transporting the donated commodities in accordance with § 1499.7(b)(1) when CCC determines that it is applicable. (c) A recipient must maintain the donated commodities in good condition from the time that it takes possession of such donated commodities at the designated discharge port, the point of entry, or the point of receipt from the originating carrier until their distribution, sale or barter. (d) A recipient must comply with the following requirements in this paragraph, and the requirements specified in the agreement, regarding the acknowledgment of funding by USDA, the use of the USDA logo, and communications to the public: (1) If a recipient arranges for the packaging or repackaging of donated commodities that are to be distributed, the recipient must ensure that the packaging: (i) Is plainly labeled in the language of the target country; (ii) Contains the name of the donated commodities; (iii) Includes a statement indicating that the donated commodities are furnished by the Food for Progress Program of the United States Department of Agriculture; and (iv) Includes a statement indicating that the donated commodities must not be sold, exchanged or bartered. (2) If a recipient arranges… | |||||
| 7:7:10.1.2.3.46.0.344.9 | 7 | Agriculture | XIV | C | 1499 | PART 1499—FOOD FOR PROGRESS PROGRAM | § 1499.9 Damage to or loss of donated commodities. | CCC | [81 FR 62605, Sept. 12, 2016, as amended at 87 FR 53367, Aug. 31, 2022] | (a) CCC will be responsible for the donated commodities prior to the transfer of title to the donated commodities to the recipient. The recipient will be responsible for the donated commodities while the recipient has title to the donated commodities. The title will transfer as specified in the agreement. (b)(1) A recipient must inform CCC, in the manner set forth in the agreement, of any damage to or loss of donated commodities that occurs while the recipient has title to the donated commodities. The recipient must comply with the following procedures when reporting such damage to or loss of donated commodities: (i) If the amount of the damage or loss is estimated to exceed $20,000, the recipient must notify CCC in writing immediately after becoming aware of such damage or loss and, in this notification, provide detailed information about the circumstances surrounding such damage or loss, the quantity of damaged or lost donated commodities, and the amount of the damage or loss; (ii) If the amount of the damage or loss is estimated to exceed $1,000 but not to exceed $20,000, the recipient must notify CCC in writing of the damage or loss within 15 days after the date that the recipient becomes aware of it and then provide detailed information about the damage or loss in the first report required to be filed under § 1499.13(c) that is due after the date that the recipient becomes aware of such damage or loss; and (iii) If the amount of the damage or loss is estimated not to exceed $1,000, the recipient must notify CCC, and provide detailed information about the damage or loss, in the first report required to be filed under § 1499.13(c) that is due after the date that the recipient becomes aware of such damage or loss. (2) The recipient must take all steps necessary to protect its interests and the interests of CCC with respect to any damage to or loss of the donated commodities that occurs while the recipient has title to the donated commodities. (c) A recipient will be responsible for arranging for an indepe… |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);