[Code of Federal Regulations]

[Title 31, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR208.4]



[Page 47-48]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

         CHAPTER II--FISCAL SERVICE, DEPARTMENT OF THE TREASURY

 

PART 208_MANAGEMENT OF FEDERAL AGENCY DISBURSEMENTS--Table of Contents

 

Sec.  208.4  Waivers.



    Payment by electronic funds transfer is not required in the 

following cases:

    (a) Where an individual determines, in his or her sole discretion, 

that payment by electronic funds transfer would impose a hardship due to 

a physical or mental disability or a geographic, language, or literacy 

barrier, or would impose a financial hardship. In addition, the 

requirement to receive payment by electronic funds transfer is 

automatically waived for all individuals who do not have an account with 

a financial institution and who are eligible to open an ETA\SM\ under 

Sec.  208.5, until such date as the Secretary determines that the 

ETA\SM\ is available;

    (b) Where the political, financial, or communications infrastructure 

in a foreign country does not support payment by electronic funds 

transfer;

    (c) Where the payment is to a recipient within an area designated by 

the President or an authorized agency administrator as a disaster area. 

This waiver is limited to payments made within 120 days after the 

disaster is declared;

    (d) Where either:

    (1) A military operation is designated by the Secretary of Defense 

in which uniformed services undertake military actions against an enemy, 

or

    (2) A call or order to, or retention on, active duty of members of 

the uniformed services is made during a war or national emergency 

declared by the President or Congress;

    (e) Where a threat may be posed to national security, the life or 

physical safety of any individual may be endangered, or a law 

enforcement action may be compromised;

    (f) Where the agency does not expect to make more than one payment 

to the same recipient within a one-year period, i.e., the payment is 

non-recurring, and the cost of making the payment via electronic funds 

transfer exceeds the cost of making the payment by check; and

    (g) Where an agency's need for goods and services is of such unusual 

and compelling urgency that the Government would be seriously injured 

unless



[[Page 48]]



payment is made by a method other than electronic funds transfer; or, 

where there is only one source for goods or services and the Government 

would be seriously injured unless payment is made by a method other than 

electronic funds transfer.