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4842

RULES AND REGULATIONS

e. s.t., of the market day succeeding Sat urday unless the announcement specifi cally provides otherwise. Announce ment will be available through a press release, ticket service, and through the eight PMA Commodity Offices at Port land, Oregon, San Francisco, Minneapo lis, Kansas City, Missouri, Dallas, Chi cago, Atlanta, and New York City. Dif ferent rates of payment, based upon ex port ports or areas, destinations, or other factors, may be announced for the same period. Rates of payment applicable to wheat shall also be applicable to wheat flour converted to wheat on the following basis:
Whole wheat flour: 1.67 bushels pounds flgur.
P aten ts and Straight grade flour 72 percent e x tra c tio n : 2.33 bushels pounds flour.
Flour clears: 2.33 bushels per 100
flour.
/ 80-percent extraction flour: 2.20
per 100 pounds flour.

per 100
up to per 100
pounds bushels
If sales are made at any other extraction rates a conversion basis will be furnished by the Administrator upon request. The rate in effect at the time of sale or the giving of Notice of Sale, as required by 571.5 a , whichever rate is the lower, shall be the rate applicable to the sale and exportation.
c The wheat or wheat flour must have been exported pursuant to each sale by July 31, 1950, unless an extension of time is granted by the Administrator.
d The exporter must have sold and exported wheat or wheat flour as de fined in 571.14 to one of the eligible countries named in 571.4.
e Deliveries of wheat or wheat flour under this program shall be made only to the buyer and the eligible country named in the Notice of Sale and the Declaration of Sale. See 571.5.
f The foreign purchaser must not use funds made available by the United States under the Foreign Assistance Act of 1948 Public Law 472, 80th Congress, or any other statute under which funds are made available for foreign aid pur poses, to pay for such wheat or wheat flour, and any such funds must not be used to pay for such wheat or wheat flour under any subsequent resale of such wheat or wheat flour; if any such funds are used by the foreign purchaser or any subsequent purchaser to pay for such wheat or wheat flour, and the exporter has received a payment on such wheat or wheat flour hereunder, the exporter shall repay such payment to the Secretary.
g The exporter shall submit the re ports and documents specified in 571.5.
h Proof of shipment and submission of specified supporting documents must have been made in accordance with 571.6.
i In the event of reentry into the United States or its territories or posses sions, or in event of a diversion to an other country while en route to the eligible country shown as the final desti nation on the Declaration of Sale and Notice of Export, of any quantity of wheat or wheat flour exported under this program, payment may be withheld, or if payment has already been made the exporter shall make necessary arrange ments for refund or other appropriate
adjustment with the Administrator. The exporter shall be required to notify the Administrator immediately upon becom ing cognizant of such reentry or diver sion.
571.3 Confirmation of sale. Upon receipt of the Notice of Sale required by 571.5, the Administrator shall, if he determines that the transaction is eli gible for entry in the records of the Wheat Council under the provisions of the Wheat Agreement, confirm the sale by telegram and specify that the trans action, or any part thereof, is eligible for payment under proof that the condi tions set forth in this subpart have been met. The Wheat Agreement provides that:

a A transaction or part of a trans action in wheat grain between a partici pating exporting and importing country is eligible for entry in the Wheat Coun cils records against guaranteed quanti ties of those countries for a crop year:
1 Provided, That i it is at a price determined to be the equivalent price at port of export to 1 Manitoba Northern bulk wheat in store Fort WilliamPort Arthur, Canada not higher than the maximum nor lower than the minimum in effect during the crop year in which the loading price specified in the trans action falls and ii the exporting and importing country have not agreed that it shall not be entered against their guaranteed quantities, and 2 To the extent that i both the exporting and importing country con cerned have unfulfilled guaranteed quantities for the crop year, and ii that the loading period specified in the transaction falls within that crop year.
b If an exporting country and im porting country so agree, a transaction or part of a transaction for wheat en tered into prior to the entry into force of Part 2 of the Wheat Agreement shall, irrespective of the price but subject to the condition in paragraph a 2 of this section, also be entered in the Wheat Councils records against the guaranteed quantities of those countries;
c If a commercial contract or gov ernmental agreement on the sale and purchase of wheat-flour contains a statement, or if the exporting country and the importing country concerned inform the Wheat Council that they are agreed that the price of such wheat flour is consistent with the maximum or mini mum price in effect during the crop year in which the loading period specified in the transaction falls; the wheat grain equivalent of such wheat flour shall, sub ject to the conditions prescribed in para graph a 1 ii and 2 of this sec tion, be entered in the Wheat Councils records against the guaranteed quanti ties of those countries. If there is no such statement or agreement as specivfied above, either country involved in the transaction may request the Wheat Council to decide whether the quantity sold should be entered in its records and the Wheat Council shall decide whether the price at which the wheat flour was sold justifies the entry of the transaction in the records.
The Administrator will issue, not less often than weekly, a statement as to the
progress of purchases and sales by indi vidual Importing and exporting coun tries against their guaranteed quanti ties. The Administrator will provide to any exporter upon request such infor mation as he has available as to the status of sales and purchases to indi vidual countries under the Wheat Agree ment. During certain periods it will be to the exporters advantage to ascertain from the Administrator prior to making a sale whether there is sufficient guar anteed quantity balance to permit re cording in the Wheat Councils records.
However, it shall not be the duty or responsibility of the Administrator to guarantee that a transaction, which appears to the exporter and/or the Ad ministrator prior to sale to be eligible for recording in the Wheat Councils records, will be so recorded and a pay ment made if a rate is in effect. It shall be the responsibility of the ex porter to protect himself for example, by inserting an appropriate provision into his sales contract against the pos sibility that the transaction will not be considered eligible for entry into the Wheat Councils records, until he re ceives the Confirmation of Sale from the Administrator.
571.4 Eligible countries. An eligi ble country shall be any one of the fol lowing countries, including all territories for the foreign relations of which the Government of that country is respon sible:
Austria.
Belgium.
Ceylon.
Denmark.
Greece.
India.
Ireland.
Israel.
Italy.
Lebanon.

Netherlands.
New Zealand.
Peru.
Portugal.
Saudi Arabia.
Sweden.
Switzerland.
Union of South Africa.
United Kingdom.

The foregoing list may be amended from time to time, but nothing in this subpart shall be deemed to authorize the exporta tion of wheat or flour in violation of any statute, order or regulation now in exist ence or hereafter established.
571.5 Reports. No payment will be made under this program unless the ex porter submits to the Administrator re ports as follows:
a Notice of sale of wheat or wheat flour for export. 1 Notice of the con summation of a sale of wheat or wheat flour for export shall be given within the time stated in the rate announcement as the final time for filing such notices, unless such time is extended by the Ad ministrator.
Giving notice of sale, and issuance of confirmation, shall be deemed to be the exporters agreement with the Secretary to export the quantity of wheat or wheat flour stated in the notice. Transactions shall be entered in the Administrators records and subsequently reported to the Wheat Council in the order in which re ports of such transactions are received by the Administrator in Washington, D. C. The order in which transactions are received assumes importance during the latter part of a crop year when guar anteed quantities are near to being filled.
Notices of sale should normally be file?!