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Friday, October SO, 1959
? r Affiliate shall mean. 1 a U.S.
branch office of the importer; or 2 a ? firm a corporation, partnership or in dividual which i owns or controls the importer or supplier; ii is owned or controlled by the importer or supplier;
or iii is owned or controlled by the same firm which owns or controls the importer or supplier.
s Form 106 shall mean Advice of Vessel Approval CCC Forms Nos.
106-1 Supplier of Commodity except Cottonyellow, 106-2, Ocean Car rier-b lu e, or 106-3 Cottonwhite, or any or all of them, as applicable.
t Ocean transportation s h a l l mean, and is interchangeable with, the term, ocean freight, u Copy shall mean a copy or photostat of an original document show ing all data shown on the original, in cluding signature or the name of the person signing the original, or, if the signature or name is not shown on the copy, a statement that the original was signed.

FEDERAL REGISTER

ticable after agreement by the importing country to the terms thereof.
b Each purchase authorization will specify the commodity to be purchased or shipped; the maximum dollar amount;
the method of financing and the CSS
office which will administer the financing operation on behalf of CCC; the periods during which contracts between import ers and suppliers may be entered into and during which deliveries may be made; provisions governing the deposit of the foreign currency purchase price;
and any other provisions deemed neces sary by the Administrator.
c In order for contracts to be eli gible for financing under a purchase authorizations:
1 Contracts between importers and suppliers must be entered into within the specified contracting period and shall provide that deliveries must be made in export channels as specified in the pur chase authorization within the specified delivery period, unless an extension of such contracting or delivery period is granted in writing by the Administrator.
11.2 General statement.
2 The supplier must be engaged in This subpart contains the regulations the business of selling for export from, governing the operation of the program or furnishing ocean transportation from, for the sale and exportation of surplus the United S ta tes; must maintain a bona agricultural commodities for foreign fide business office in the United States, currencies under the Act, including the its territories or possessions; and must submission of applications to purchase have a person, principal or agent upon agricultural commodities for foreign whom service of judicial process may be currency under the Act, the issuance had in the United States, its territories of purchase authorizations, and the fi or possessions.
nancing of the sale and exportation of 3 Any contracts for a commodity, such commodities through private trade when the purchase authorization limits channels. Fees and charges imposed in contracting to f.o.b. or f.a.s. terms, must connection with the exportation of com be separate and apart from th e . con modities for the issuance or legalization tract for ocean transportation of such of consular invoices or certificates of commodity.
origin will not be financed. Sales of 4 The contracted price must not be commodities for delivery to the importer on a cost plus-a-percentage-of-costex dock or ex warehouse, country of basis.
original destination from the United 5 An importers request for offers States, will be financed only in the case pursuant to which an export sales con of cotton. General information pertain tract is entered into must not preclude ing to the operation of this program and such offers from being made for ship forms prescribed for use thereunder can ment from any United States ports.
be obtained upon request to the Director, This requirement does not preclude the Program Operations Division, FAS, U.S. importer from accepting offers on the Department of Agriculture, Washington basis of shipment from ports which re 25, D.C.
sult in the lowest total landed cost of the commodity.
11.3 Applications.
d Each purchase authorization is An importing country, after the agree sued shall be deemed to include the fol ment pursuant to section 101 of the Act lowing provisions unless otherwise -has been entered into, shall submit ap provided in such purchase authorization:
plications for purchase authorizations 1 M odification or revocation. The covering each commodity and containing Administrator reserves the. right at any such information as may have been re time and from time to time, and for any quested by the Administrator. Applica reason or cause whatsoever, to supple tions shall be submitted in duplicate, ment, modify, or revoke any purchase addressed to the Adminitrator, FAS U.S. authorization -including the termniation Department of Agriculture, Washington of deliveries thereunder. CCC shall re 25, D.C. Supplementary information imburse suppliers for costs incurred in with respect to applications may be re connection with firm sales contracts, and quired from time to time.
mot otherwise recovered, as the result of such action by the Administrator:
11.4 Purchase authorizations.
P rovided, how ever, T h at such reimburse a The Administrator shall provide for review of each application submitted ment shall not be made to a supplier if Pursuant to 11.3 to determine whether the Administrator determines th at such approval of the application would be in action was taken by him because of fa il accordance with the provisions of the Act ure by such supplier to comply with the and the policies of the U.S. Government. requirements of this program.
2 R efu n d to CCC. The importing If such determination is favorable, the Administrator will issue appropriate pur country shall pay in U.S. dollars chase authorization s as soon as prac promptly to CCC upon demand by the
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Administrator the entire amount finaced by CCC or such lesser amount as the Administrator may demand whenever the Administrator determines that the importing country has failed to comply with any undertaking or commitment agreed to or made by it in connection with the transaction financed.
3 Discounts. If a contract, provides for one or more discounts including, but not limited to, trade or quantity dis counts and discounts for prompt pay ment , whether expressed as such or commission to the importer, only the invoice amount after discount suppliers contracted price less all discounts will be eligible for financing.
4 Commissions, i A commission to a bona fide commercial or selling agent employed or engaged by the sup plier to obtain a contract will be financed to the extent that such commission is not in excess of the rate or percentage customarily and usually charged for the services performed and the commodity involved.
ii No commission paid or to be paid to any agent, broker, or other repre sentative of the importer to obtain a contract will be eligible for financing, whether included in the price of the commodity or separately stated. This is not applicable to ocean transportation brokerage commissions otherwise allow able under 11.12f.
iii If the supplier has employed any person or firm, other than a bona fide established commercial or selling agent, to obtain a contract under any argeement for a commission, percentage, or contingent fee, the contract is eligible only for the amount of the contract less the amount of any such commission, percentage or contingent fee.
5 A djustm ent refun ds i L etter o f com m itm en t m eth od o f financing.
All claims by importers for adjustment refunds arising out of the terms of the contract or out of the normal customs of the trade, including arbitration and appeal awards, amicable allowances, and claims for overpayment of ocean trans portation shall be settled by payment in United States dollars and such payment shall be remitted by the supplier for the account of the importer to the banking institution to which the supplier pre sented the documents covering the orig inal transaction. The remittance to the banking institution shall be identified with the date and amount of the original payment, the commercial letter of credit number, and the applicable purchase authorization number. Upon demand by CCC the importing country shall pay to CCC an amount in U.S. dollars equal to the dollar value of the adjustment refunds.
ii R eim bursem en t m eth od o f fin an c ing. Special provisions relating to ad justm ent refunds will be contained in commodity purchase authorizations under the reimbursement method and in ocean transportation purchase au thorizations.
6 Insu ran ce fo r th e accou nt o f th e im porter. Where the supplier furnishes insurance in favor of or for the account of the importer, the policies or certifi cates of insurance shall provide that all claims shall be paid in U.S. dollars and