PART 202—OVERSEAS SHIPMENTS OF SUPPLIES BY VOLUNTARY NON-PROFIT RELIEF AGENCIES Authority: 22 U.S.C. 2381(a). Source: 44 FR 41425, July 17, 1979, unless otherwise noted. Editorial Note: Nomenclature changes to part 202 appear at 62 FR 38027, July 16, 1997. § 202.1 Definition of terms. (a) The Administrator (b) The Committee (c) Supplies (d) Agency agencies (e) Duty free (f) Recipient country (g) Reimbursement (h) Port of entry (i) Point of entry § 202.2 Shipments eligible for reimbursement of freight charges. (a) In order to further the efficient use of United States voluntary contributions for development, relief, and rehabilitation in nations or areas designated by the Administrator of AID from time to time, agencies may be reimbursed by AID within specified limitations for freight charges incurred and paid in transporting supplies donated to or purchased by such agencies from United States ports or, in the case of excess or surplus property supplied by the United States, from foreign ports to ports of entry in the recipient country or to points of entry in the recipient country in cases (1) of landlocked countries, (2) where ports cannot be used effectively because of natural or other disturbances, (3) where carriers to a specified country are unavailable, or (4) where a substantial savings in costs or time can be effected by the utilization of points of entry other than ports. (b) Shipments shall be eligible for reimbursement of freight charges only as authorized by the issuance by AID of a Procurement Authorization (Form AID 1160-4). (c) The Office of Commodity Management, Bureau for Program and Management Services, AID, shall be responsible for determining when carriers are “unavailable.” § 202.3 Freight reimbursement limitations. Economic utilization of AID funds available for reimbursement to agencies for freight charges incurred and paid by such agencies for the shipment of donated or purchased supplies to a recipient country requires the following limitations on amounts reimbursable: (a) Ocean freight. (b) Inland freight. (c) Related shipping costs. § 202.4 Certificates. Certificates will be required as follows: (a) Ocean transportation. (b) Inland transportation and related shipping costs. § 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. (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. § 202.6 Application for reimbursement of freight charges. (a) Any agency may make application for reimbursement of freight charges incurred and paid on shipments eligible under § 202.2 provided: (1) The agency has received AID's written approval of the programs, projects, and services in accordance with § 202.5. (2) The application for reimbursement of freight charges together with documentation required under § 202.7 is submitted to the Agency for International Development, Attention: Banking and Finance Division, Office of Financial Management, Washington, DC 20523, or to a U.S. bank holding an AID letter of commitment. (b) In the case of ocean transportation, the application must be submitted within 60 days of the date of the related ocean bill of lading. In the case of inland transportation the application must be submitted within 180 days of the date of the related ocean bill of lading. § 202.7 Documentation required for reimbursement. Claims for reimbursement of freight charges must be supported by the following documents: (a) Voucher SF 1034. (b) Bills of lading To ports of entry. (2) To points of entry. (ii) Where shipment is made to point of entry and through bills of lading are issued, a receipted copy of the through bill of lading evidencing shipment from an eligible port of export as prescribed in § 202.2(a) to point of entry in the recipient country. The bill of lading shall include the carrier's complete statement of charges including all relevant weights, cubic measurements, rates, and any applicable tariff surcharges. (c) Receipted invoices. (d) Voluntary Agency and Carrier Certificate, Form AID 1550-1. (ii) As provided in § 202.4(b), the original and two copies of the Voluntary Agency and Carrier Certificate executed by the Agency. § 202.8 Refund by suppliers and/or agencies. (a) By suppliers. (b) By agencies. § 202.9 Waiver authority. The Administrator may waive, withdraw, or amend from time to time any or all of the provisions of this part. § 202.10 Participation by faith-based organizations. The procedures established under this part shall be administered in compliance with the standards set forth in part 205, Participation by Religious Organizations in USAID Programs, of this chapter. [69 FR 61723, Oct. 20, 2004]