[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR202.5]

[Page 773-774]
 
                       TITLE 22--FOREIGN RELATIONS
 
            CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT
 
PART 202--OVERSEAS SHIPMENTS OF SUPPLIES BY VOLUNTARY NON-PROFIT RELIEF AGENCIES--Table of Contents
 
Sec. 202.5  Approval of programs, projects and services.

    (a) Prior to applying for reimbursement for freight charges, an 
agency must obtain AID's written approval of its programs by submitting 
the following information to the Chief, Public Liaison Division, Office 
of Private and Voluntary Cooperation, Bureau for Private and Development 
Cooperation, Agency for International Development, Department of State, 
Washington, DC 20523.
    (1) A narrative description detailing the agency's specific country 
programs, objectives, projects, or services of relief, rehabilitation, 
disaster assistance, development assistance and welfare;
    (2) Except as provided for in paragraph (b) of this section, 
evidence that written assurances have been obtained from the government 
of the recipient country that:
    (i) Appropriate facilities are or will be afforded for the necessary 
and economical operations of the program, project, or service;
    (ii) The specific program, project, or service has been accepted;
    (iii) The supplies provided in support of the program, project or 
service will be free of customs duties, other duties, tolls and taxes;
    (iv) The supplies will be treated as a supplementary resource;
    (v) The supplies will be identified, to the extent practicable, as 
being of United States origin; and
    (vi) Insofar as practicable, the supplies will be received, 
unloaded, warehoused, and transported cost-free to points of 
distribution;
    (3) Evidence that:
    (i) Shipments will be made only to consignees reported to AID, and 
full responsibility is assumed by the agency for the noncommercial 
distribution of the supplies free of cost to the persons ultimately 
receiving them, or in special cases and following notice to AID, for the 
sale to recipients at nominal cost or as payment for work performed to 
promote projects of self-help and economic development, but in no case 
shall supplies be withheld from needy persons because of their inability 
to pay or work; and
    (ii) Distribution is made solely on the basis of need without regard 
to race, color, religion, sex or national origin;
    (iii) That paragraphs (a)(3) (i) and (ii) of this section are 
conducted under the supervision of the agency's representative 
specifically charged with responsibility for the program or project.

[[Page 774]]

    (b) Compliance with paragraph (a)(2) of this section is not required 
when the specific program, project, or service is within the scope of 
any agreement that has been concluded between the U.S. Government and 
the Government of the recipient country which furthers the operations of 
an agency acceptable to the recipient country.
    (c) On approval of the agency's programs written notice thereof will 
be issued by AID to the agency.