Registration of Agencies for Voluntary Foreign Aid; Summary of Comments, 25466-25470 [05-9544]
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25466
Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Rules and Regulations
maintain a separate registration at the
location of each long term care facility
at which automated dispensing systems
are located. If more than one registered
retail pharmacy operates automated
dispensing systems at the same long
term care facility, each retail pharmacy
must maintain a registration at the long
term care facility.
(c) A registered retail pharmacy
applying for a separate registration to
operate an automated dispensing system
for the dispensing of controlled
substances at a long term care facility is
exempt from application fees for any
such additional registrations.
(iv) Whether central records will be
maintained in a manual, or computer
readable, form.
(2) A registered retail pharmacy that
possesses additional registrations for
automated dispensing systems at long
term care facilities may keep all records
required by this part for those additional
registered sites at the retail pharmacy or
other approved central location.
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PART 1307—MISCELLANEOUS
8. The authority citation for part 1307
continues to read as follows:
I
Authority: 21 U.S.C. 821, 822(d), 871(b),
unless otherwise noted.
PART 1304—RECORDS AND
REPORTS OF REGISTRANTS
6. The authority citation for part 1304
continues to read as follows:
9. Section 1307.11 is amended by
adding a new paragraph (c) to read as
follows:
Authority: 21 U.S.C. 821, 827, 871(b),
958(e), 965, unless otherwise noted.
§ 1307.11 Distribution by dispenser to
another practitioner or reverse distributor.
7. Section 1304.04 is amended by
revising paragraph (a) to read as follows:
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§ 1304.04 Maintenance of records and
inventories.
(a) Except as provided in paragraphs
(a)(1) and (a)(2) of this section, every
inventory and other records required to
be kept under this part must be kept by
the registrant and be available, for at
least 2 years from the date of such
inventory or records, for inspection and
copying by authorized employees of the
Administration.
(1) Financial and shipping records
(such as invoices and packing slips but
not executed order forms subject to
§§ 1305.17 and 1305.27 of this chapter)
may be kept at a central location, rather
than at the registered location, if the
registrant has notified the
Administration of his intention to keep
central records. Written notification
must be submitted by registered or
certified mail, return receipt requested,
in triplicate, to the Special Agent in
Charge of the Administration in the area
in which the registrant is located.
Unless the registrant is informed by the
Special Agent in Charge that permission
to keep central records is denied, the
registrant may maintain central records
commencing 14 days after receipt of his
notification by the Special Agent in
Charge. All notifications must include
the following:
(i) The nature of the records to be kept
centrally.
(ii) The exact location where the
records will be kept.
(iii) The name, address, DEA
registration number and type of DEA
registration of the registrant whose
records are being maintained centrally.
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(c) The distributions that a registered
retail pharmacy makes to automated
dispensing systems at long term care
facilities for which the retail pharmacy
also holds registrations do not count
toward the 5 percent limit in paragraphs
(a)(1)(iv) and (b) of this section.
Dated: May 5, 2005.
William J. Walker,
Deputy Assistant Administrator, Office of
Diversion Control.
[FR Doc. 05–9538 Filed 5–12–05; 8:45 am]
BILLING CODE 4410–09–P
AGENCY FOR INTERNATIONAL
DEVELOPMENT
22 CFR Part 203
Registration of Agencies for Voluntary
Foreign Aid; Summary of Comments
U.S. Agency for International
Development, USAID.
ACTION: Final rule.
AGENCY:
SUMMARY: USAID is revising Part 203 in
its entirety to clarify the purposes of
Registration and to emphasize that
organizations must be private and
voluntary in nature in order to be
registered.
DATES: Effective Date: May 13, 2005.
FOR FURTHER INFORMATION CONTACT:
Mary Q. Newton, Registrar, Office of
Private Voluntary Cooperation—
American Schools & Hospitals Abroad;
telephone: 202–712–4747; telefax: 202–
216–3041 or e-mail:
mnewton@usaid.gov.
SUPPLEMENTARY INFORMATION: On May 7,
2002, the Agency published in the
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Federal Register a proposed revision of
Part 203.
The comment period was May 8,
2003, to July 8, 2002.
The Agency received comments from
eleven private voluntary organizations
(PVOs) as well as comments from two
cooperative development organizations
(CDOs). The following summarizes the
principal comments and actions taken:
1. Annual Documentation
Requirements (see § 203.5). For PVOs
submitting an Office of Management
and Budget (OMB) Circular A–133
Audit, the due date for submitting
annual documents was changed from
six months to nine months following the
organization’s fiscal year end to take
into account the time required for the
registrant to prepare the OMB Circular
A–133 audit.
2. Submission of Documents. A
comment expressed opposition to
submitting duplicate documents to
various offices within USAID. The
words ‘‘the same or’’ were deleted from
203.4(d). The sentence now reads:
‘‘Other USAID officials may request
similar information at a later date for
purposes of determining the PVO’s
eligibility for a particular grant or
cooperative agreement.’’
3. Registration Status—Transition
Provisions. PVOs currently registered
will continue to be registered under the
new rule. The new annual
documentation requirements are in
effect as of the date of the new rule. The
previous rule and the new rule are
available on the USAID Web site at
https://www.usaid.gov Keyword: PVO
Registration. New applicants will be
required to submit their applications
and documentation under the revised
Conditions of Registration and new
rules.
4. Registration of CDOs. Two
comments were made with regard to the
elimination of Registration eligibility for
IRS 501(c)(4) and 501(c)(6)
organizations, specifically cooperative
development organizations (CDOs). The
Agency’s intent is not to eliminate CDOs
from the U.S. PVO Registry at https://
www.usaid.gov Keyword: Registry.
Therefore, CDOs will continue to be
listed in the Registry and will continue
to be required to meet the annual
documentation requirements in § 203.5.
(see § 203.12)
5. AID Form 1550–2. A comment
requested that PVOs not currently
receiving funding from the U.S.
Government for overseas programs not
be required to submit the AID Form
1550–2. The suggested change was not
adopted since AID Form 1550–2
provides current demographic
information on each PVO as well as
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financial information. The AID Form
1550–2 has a two-fold purpose:
collecting data required to determine
whether the organization meets USAID’s
Conditions of Registration and provide
USAID with the information for
computing the amount of USAID
funding made available to PVOs. Until
an applicant completes the AID Form
1550–2 in its entirety, the Agency
cannot determine whether that
applicant meets the Conditions of
Registration.
6. Registration of Non-U.S. PVOs. One
comment concerned the Registration on
non-U.S. PVOs. There are two types of
non-U.S. PVOs: Local and International.
A ‘‘Local PVO’’ is a non-U.S. PVO
operating in the same foreign country in
which it is organized. Local PVOs are
not required to register with USAID/
Washington. An ‘‘International PVO’’ is
a non-U.S. PVO that performs
development work in one or more
countries other than the country in
which it is domiciled. International
PVOs are required to register with
USAID. The Registration procedures for
International PVOs have been added
(see § 203.6).
List of Subjects in 22 CFR Part 203
Foreign aid, Nonprofit organizations.
Accordingly, 22 CFR Part 203 is
revised as follows.
I
PART 203—REGISTRATION OF
PRIVATE VOLUNTARY
ORGANIZATIONS (PVOs)
Sec.
203.1 Purpose.
203.2 Definitions.
203.3 U.S. PVO conditions of registration.
203.4 U.S. PVO initial documentation
requirements.
203.5 U S. PVO annual documentation
requirements.
203.6 IPVO conditions of registration.
203.7 IPVO initial documentation
requirements.
203.8 IPVO annual documentation
requirements.
203.9 Denial of registration.
203.10 Termination of registration.
203.11 Access to records and
communications.
203.12 Cooperative Development
Organizations (CDOs).
203.13 Delegation of authority.
Authority: Sec. 621, Foreign Assistance
Act of 1961, as amended (22 U.S.C. 2381).
§ 203.1
Purpose.
(a) USAID registers PVOs to:
(1) Meet statutory and regulatory
requirements that a U.S. PVO be
registered with USAID as a condition for
USAID funding.
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(2) Provide USAID with information
for computing the amount of USAID
funding made available to PVOs.
(b) It is not the purpose of registration
to allow or enable registered PVOs to
make any representation to the public
concerning the meaning of being
registered with USAID. Promotional
materials or advertisements suggesting
otherwise will be grounds for removal
from the USAID PVO Registry.
(c) Registration does not bring an
organization within the Ambassador’s
authority and responsibility for the
security of U.S. Government operations
and personnel abroad.
§ 203.2
Definitions.
As used in this part:
(a) Cooperative Development
Organization (CDO) means an
organization designated by USAID as a
voluntary, independent business
enterprise formed to meet specific needs
of its members through a common
venture.
(b) Foreign Assistance Act (FAA)
means the Foreign Assistance Act of
1961, as amended, 22 U.S.C. 2151, et
seq.
(c) General Public means citizens and
nongovernmental organizations (NGOs).
The general public does not include
government agencies in the United
States or abroad, or public international
organizations such as the United
Nations and the World Health
Organization.
(d) Headquarters means the principal
executive office where legal, accounting,
and administrative information may be
accessed in the daily course of
conducting business.
(e) International Private Voluntary
Organization (IPVO) means an entity
that:
(1) Is non-U.S. based in that it is
organized under the laws of the country
in which it is domiciled;
(2) Is a private nongovernmental
organization (NGO) that solicits and
receives cash contributions from the
general public;
(3) Is a charitable organization in that
it is nonprofit and tax exempt under the
laws of its country of domicile and
operation, and is not a university,
college, accredited degree-granting
institution of education, private
foundation, hospital, organization
engaged exclusively in research or
scientific activities, church, synagogue,
mosque or other similar entities
organized primarily for religious
purposes; and
(4) Conducts, or anticipates
conducting, program activities in one or
more countries other than its country of
origin that are consistent with the
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general purposes of the Foreign
Assistance Act and/or Public Law 480.
(5) Is not recognized as a Public
International Organization according to
USAID’s Automated Directives System
(ADS) 308.3.
(f) Local Private Voluntary
Organization (LPVO) means a non-U.S.
based PVO that meets the definition of
an International Private Voluntary
Organization, except that it operates
only in the same foreign country in
which it is organized. LPVOs are not
required to register with USAID/
Washington but USAID Missions may
require some other eligibility method
when making awards.
(g) Non-U.S. Private Voluntary
Organization (Non-U.S. PVO) means an
entity that meets the definition of a U.S.
PVO, but is not headquartered in the
United States. Non-U.S. PVOs include
both Local Private Voluntary
Organizations and International Private
Voluntary Organizations.
(h) Nongovernmental Organization
(NGO) means any nongovernmental
organization or entity, whether
nonprofit or profit-making.
(i) Nonprofit organization means any
corporation, trust, association,
cooperative or other organization that is
operated primarily for service,
charitable, scientific, educational or
other similar purposes; is not organized
for profit; and uses its net proceeds to
maintain, improve, and/or expands its
operations.
(j) Private Voluntary Organization
(PVO) See U.S. Private Voluntary
Organization, International Private
Voluntary Organization, and Local
Private Voluntary Organization.
(k) Public International Organization
(PIO) means a non-U.S. based
organization (i.e., composed principally
of governments) in which the U.S.
participates. (See USAID’s Automated
Directives System (ADS) 308.3).
(l) Public Law 480 means the
Agricultural Trade Development and
Assistance Act of 1954, as amended, 7
U.S.C. 1691, et seq.
(m) Solicits means to undertake a
substantial effort to obtain donations.
(n) Supporting Services means the
total of general and administration
expenses plus fundraising expenses.
(o) USAID means the U.S. Agency for
International Development.
(p) U.S. Private Voluntary
Organization (U.S. PVO) means an
entity that:
(1) Is organized under the laws of the
United States and headquartered in the
United States;
(2) Is a nongovernmental organization
(NGO) that solicits and receives cash
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contributions from the U.S. general
public;
(3) Is a charitable organization in that
it is nonprofit and exempt from Federal
income taxes under section 501(c)(3) of
the Internal Revenue Code, and is not a
university, college, accredited degreegranting institution of education, private
foundation, hospital, organization
established by a major political party in
the United States, organization
established, funded and audited by the
U.S. Congress, organization engaged
exclusively in research or scientific
activities, church, synagogue, mosque or
other similar entity organized primarily
for religious purposes; and
(4) Conducts, or anticipates
conducting, overseas program activities
that are consistent with the general
purposes of the Foreign Assistance Act
and/or Public Law 480.
§ 203.3 U.S. PVO conditions of
registration.
There are eight Conditions of
Registration for U.S. organizations. The
first four Conditions relate to whether
an organization meets the definition of
a U.S. PVO, as set forth in § 203.2 (p),
while the last four Conditions establish
standards by which the U.S. PVO is
evaluated.
An applicant must be registered with
USAID as a U.S. PVO if USAID finds
that the applicant has satisfied all of the
following Conditions:
(a) Condition No. 1 (U.S. based). Is
U.S. based in that it:
(1) Is organized under the laws of the
United States; and
(2) Has its headquarters in the United
States.
(b) Condition No. 2 (Private). Is a
nongovernmental organization (NGO)
and solicits and receives cash
contributions from the U.S. general
public.
(c) Condition No. 3 (Voluntary). Is a
charitable organization in that it:
(1) Is nonprofit and exempt from
Federal income taxes under Section
501(C)(3) of the Internal Revenue Code;
and
(2) Is not a university, college,
accredited degree-granting institution of
education, private foundation, hospital,
organization established by a major
political party in the United States,
organization established, funded and
audited by the U.S. Congress,
organization engaged exclusively in
research or scientific activities, church,
synagogue, mosque or other similar
entity organized primarily for religious
purposes.
(d) Condition No. 4 (Overseas
Program Activities). Conducts, or
anticipates conducting, overseas
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program activities that are consistent
with the general purposes of the Foreign
Assistance Act and/or Public Law 480.
(e) Condition No. 5 (Board of
Directors). Has a governing body:
(1) That meets at least annually;
(2) Whose members do not receive
any form of income for serving on the
board; and
(3) Whose majority is not composed of
the PVO’s officers or staff members.
(f) Condition No. 6 (Financial
Viability). That it:
(1) Accounts for its funds in
accordance with generally accepted
accounting principles (GAAP);
(2) Has a sound financial position;
(3) Provides its financial statements to
the public upon request; and
(4) Has been incorporated for not less
than 18 months.
(g) Condition No. 7 (Program
Activities vs. Supporting Services). That
it:
(1) Expends and distributes its funds
in accordance with the annual report of
program activities;
(2) Does not expend more than 40
percent of total expenses on supporting
services.
(3) In order to maintain its
registration, conducts international
program activities within the last three
years. For example, if a U.S. PVO did
not have any international activities for
2004, the current year, or 2003, but did
have activities in 2002, then it would
remain registered. However, if it did not
have any international activities in
2005, USAID would remove it from the
Registry in 2006 because for the
previous three years (2003, 2004, 2005),
it did not conduct any international
activities.
(h) Condition No. 8 (General
Eligibility). It is not:
(1) Suspended or debarred by an
agency of the U.S. Government;
(2) Designated as a foreign terrorist
organization by the Secretary of State,
pursuant to Section 219 of the
Immigration and Nationality Act, as
amended; or
(3) The subject of a decision by the
Department of State to the effect that
registration or a financial relationship
between USAID and the organization is
contrary to the national defense,
national security, or foreign policy
interests of the United States.
§ 203.4 U.S. PVO initial documentation
requirements.
(a) So that USAID can determine
whether an applicant meets the
Conditions of Registration, an
application must be submitted in
duplicate. The application instructions
and forms packet are available at USAID
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Web site https://www.usaid.gov
Keyword: PVO Registration. The
completed application must include:
(1) A cover letter with
(i) The reason for applying for
registration; and
(ii) A description of current or
intended overseas program activities;
(2) Articles of incorporation on state
letterhead with state seal and
authorizing state official’s signature;
(3) Bylaws establishing the applicant’s
corporate structure;
(4) IRS Form 990 and a copy of an IRS
letter of tax exemption;
(5) Audited financial statements for
the most recent fiscal year prepared on
an accrual basis in accordance with
generally accepted accounting
principles (GAAP) by an independent
certified public accountant (CPA); an
Office of Management and Budget
(OMB) Circular A–133 audit, if
applicable;
(6) Annual report or similar document
that describes overall program activities
for the same year as the audit, including
a list of board members;
(7) AID Form 1550–2, PVO Annual
Return; and
(8) AID Form 200–1, PVO
Classification Form.
(b) In addition, each applicant must
submit such other information as
USAID may reasonably require to
determine whether the organization
meets the Conditions of Registration.
(c) USAID may revise this list of
documents from time to time.
(d) Other USAID officials may request
information similar to that submitted
under these regulations for other
purposes; for example, to determine an
organization’s eligibility for a particular
grant or cooperative agreement.
(e) The completed application must
be sent in duplicate to the USAID
Registrar, Office of Private Voluntary
Cooperation—American Schools &
Hospitals Abroad, 1300 Pennsylvania
Avenue, NW., Washington, DC 20523–
7600.
§ 203.5 U.S. PVO annual documentation
requirements.
(a) To maintain its registration, each
registered PVO must submit documents
and forms annually. The submission
instructions and forms packet are
available at USAID Web site
www.usaid.gov Keyword: PVO
Registration. The completed submission
must include:
(1) Audited financial statements for
the most recent fiscal year prepared on
an Accrual basis in accordance with
GAAP by an independent CPA; an OMB
Circular A–133 audit, if applicable; or
unaudited financial statements if total
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Support and revenue is less than
$50,000.
(2) Annual report or similar document
that describes overall program activities
for the same year as the audit, including
a list of board members;
(3) AID Form 1550–2, PVO Annual
Return; and
(4) AID Form 200–1, PVO
Classification Form.
(b) PVOs also must submit any
amendments, if applicable, to its articles
of incorporation, or bylaws and any
changes in the tax-exempt status.
(c) Submission is due within six
months after the close of the PVO’s
fiscal year if the PVO does not prepare
an OMB Circular A–133 audit.
(d) Submission is due within nine
months after the close of the PVO’s
fiscal year if the PVO does prepare an
OMB Circular A–133 audit.
(e) In addition, each registrant must
submit such other information as
USAID may reasonably require to
determine that the organization
continues to meet the Conditions of
Registration.
(f) USAID may revise this list of
documents from time to time.
(g) Other USAID officials may request
information similar to that submitted
under these regulations for other
purposes; for example, to determine the
PVO’s eligibility for a particular grant or
cooperative agreement.
(h) The completed submission must
be sent annually to the USAID Registrar,
Office of Private Voluntary
Cooperation—American Schools &
Hospitals Abroad, 1300 Pennsylvania
Avenue, NW., Washington, DC 20523–
7600.
§ 203.6
IPVO conditions of registration.
There are eight Conditions of
Registration for international
organizations. The first four Conditions
relate to whether an organization meets
the definition of an IPVO, as set forth in
§ 203.2(e), while the last four Conditions
establish standards by which the IPVO
is evaluated. An applicant must be
registered with USAID as an IPVO if
USAID finds that the applicant has
satisfied all of the following Conditions:
(a) Condition No. 1 (Non-U.S based).
Is non-U.S. based in that it:
(1) Is organized under the laws of the
country in which it is domiciled; and
(2) Has its headquarters in the same
country.
(b) Condition No. 2 (Private). Is a
nongovernmental organization (NGO)
and solicits and receives cash
contributions from the general public.
(c) Condition No. 3 (Voluntary). Is a
charitable organization in that it:
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(1) Is nonprofit and tax exempt under
the laws of its country of domicile and
operation;
(2) Is not a university, college,
accredited degree-granting institution of
education, private foundation, hospital,
organization engaged exclusively in
research or scientific activities, church,
synagogue, mosque or other similar
entity organized primarily for religious
purposes; and
(3) Is not recognized as a Public
International Organization according to
USAID’s ADS 308.3.
(d) Condition No. 4 (International
Program Activities). Conducts, or
anticipates conducting, program
activities in one or more countries other
than its country of origin and that are
consistent with the general purposes of
the Foreign Assistance Act and/or
Public Law 480.
(e) Condition No. 5 (Board of
Directors). Has a governing body:
(1) That meets at least annually;
(2) Whose members do not receive
any form of income for serving on the
board; and
(3) Whose majority is not composed of
the IPVO’s officers or staff members.
(f) Condition No. 6 (Financial
Viability). That it:
(1) Accounts for its funds in
accordance with generally accepted
accounting principles (GAAP) or
generally accepted accounting standards
of IPVO’s country of domicile.
(2) Has a sound financial position;
(3) Provides its financial statements to
the public upon request; and
(4) Has been incorporated for not less
than 18 months.
(g) Condition No. 7 (Program
Activities vs. Supporting Services). That
it:
(1) Expends and distributes its funds
in accordance with the annual report of
program activities;
(2) Does not expend more than 40
percent of total expenses on supporting
services; and
(3) In order to maintain its
registration, conducts international
program activities within the last three
years. For example, if an IPVO did not
have any international activities for
2004, the current year, or 2003, but did
have activities in 2002, then it would
remain registered. However, if it did not
have any international activities in
2005, USAID would remove it from the
Registry in 2006 because for the
previous three years (2003, 2004, 2005),
it did not conduct any international
activities.
(h) Condition No. 8 (General
Eligibility). It is not:
(1) Suspended or debarred by an
agency of the U.S. Government;
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25469
(2) Designated as a foreign terrorist
organization by the Secretary of State,
pursuant to Section 219 of the
Immigration and Nationality Act, as
amended; or
(3) The subject of a decision by the
Department of State to the effect that
registration or a financial relationship
between USAID and the organization is
contrary to the national defense,
national security, or foreign policy
interests of the United States.
§ 203.7 IPVO initial documentation
requirements.
(a) So that USAID can determine
whether an applicant meets the
Conditions of Registration, an
application must be submitted in
duplicate and in English. The
application instructions and forms
packet are available at USAID Web site
https://www.usaid.gov Keyword: PVO
Registration. The completed application
must include:
(1) A cover letter with
(i) The reason for applying for
registration; and
(ii) A description of current or
intended program activities abroad;
(2) Articles of incorporation or charter
establishing the IPVO’s legal status
under the laws of the country in which
it is domiciled;
(3) Bylaws or other documents
establishing the applicant’s corporate
structure;
(4) Statement of tax exemption or a
comparable document from the country
of its origin;
(5) Audited financial statements for
the most recent fiscal year prepared on
an accrual basis in accordance with
generally accepted accounting
principles (GAAP) or generally accepted
accounting standards for IPVO’s country
of domicile by an independent certified
public accountant (CPA) and in U.S.
dollars;
(6) Annual report or similar document
that describes overall program activities
for the same year as the audit, including
a list of board members;
(7) International Executive Contact
Data Sheet; and
(8) AID Form 200–1, PVO
Classification Form.
(b) In addition, each applicant must
submit such other information as
USAID may reasonably require to
determine whether the organization
meets the Conditions of Registration.
(c) USAID may revise this list of
documents from time to time.
(d) Other USAID officials may request
information similar to that submitted
under these regulations for other
purposes; for example, to determine an
organization’s eligibility for a particular
grant or cooperative agreement.
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(e) The completed application must
be sent in duplicate to the USAID
Registrar, Office of Private Voluntary
Cooperation—American Schools &
Hospitals Abroad, 1300 Pennsylvania
Avenue, NW., Washington, DC 20523–
7600.
§ 203.8 IPVO annual documentation
requirements.
(a) To maintain its registration, each
registered IPVO must submit documents
and forms, in English, annually. The
submission instructions and forms
packet are available at USAID Web site
www.usaid.gov Keyword: PVO
Registration. The completed submission
must include:
(1) Audited financial statements for
the most recent fiscal year prepared on
an accrual basis in accordance with
GAAP or generally accepted accounting
standards for IPVO’s country of
domicile by an independent CPA; or
unaudited financial statements if total
support and revenue is less than
$50,000 in U.S. dollars;
(2) Annual report or similar document
that describes overall program activities
for the same year as the audit, including
a list of board members;
(3) International Executive Contact
Data Sheet; and
(4) AID Form 200–1, PVO
Classification Form.
(b) IPVOs also must submit any
amendments, if applicable, to its articles
of incorporation, charter, or bylaws and
any changes in the tax-exempt status.
(c) Submission is due within six
months after the close of the IPVO’s
fiscal year.
(d) In addition, each registrant must
submit such other information as
USAID may reasonably require to
determine that the organization
continues to meet the Conditions of
Registration.
(e) USAID may revise this list of
documents from time to time.
(f) Other USAID officials may request
information similar to that submitted
under these regulations for other
purposes; for example, to determine the
IPVO’s eligibility for a particular grant
or cooperative agreement.
(g) The completed submission must
be sent annually in English to the
USAID Registrar, Office of Private
Voluntary Cooperation—American
Schools & Hospitals Abroad, 1300
Pennsylvania Avenue, NW.,
Washington, DC 20523–7600.
§ 203.9
Denial of registration.
(a) Notification of denial of
registration. Denial of registration by
USAID will include written notice to
the applicant stating the grounds for the
denial.
VerDate jul<14>2003
19:24 May 12, 2005
Jkt 205001
(b) Reconsideration. Within 30 days
after receipt of a denial notification an
organization may request that its
application be reconsidered. USAID will
consider the request and inform the
applicant in writing of USAID’s
subsequent decision.
(c) Resubmission. An organization
may at any time submit a new
application for registration.
§ 203.10
Termination of registration.
(a) Reasons. USAID may terminate
registration for any of the following
reasons if the registrant:
(1) Relinquishes its registration status
voluntarily upon written notice to
USAID;
(2) Fails to comply with the
documentation requirements or the
Conditions of Registration;
(3) Uses promotional material or
advertisements suggesting that its
USAID registration is an endorsement;
or
(4) Refuses to transfer to USAID any
records, documents, copies of such
records or documents, or information
referred to in this regulation and within
the registrant’s control within a
reasonable time after USAID request
them.
(b) Notification of termination of
registration. Termination by USAID will
include written notice to the registrant
stating the grounds for the termination.
(c) Reconsideration. Within 30 days
after receipt of a termination
notification an organization may request
that its termination be reconsidered.
USAID will consider the request and
inform the registrant in writing of
USAID’s subsequent decision. In
addition, USAID may, at its own
discretion, reconsider a termination of
registration at any time.
(d) Resubmission. An organization
may at any time submit a new
application for registration.
§ 203.11 Access to records and
communications.
(a) All records, reports, and other
documents that are made available to
USAID pursuant to this regulation must
be made available for public inspection
and copying, pursuant to the Freedom
of Information Act and other applicable
laws.
(b) Communications from USAID will
only be sent to the applicant’s or
registrant’s headquarters.
§ 203.12 Cooperative Development
Organizations (CDOs).
CDOs are not PVOs for purposes of
registration under this part. CDOs as
part of the larger PVO community will
continue to be listed in the U.S. PVO
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
Registry at www.usaid.gov Keyword:
Registry and will continue to be eligible
for assistance that is otherwise available
to registered U.S. PVOs. In order to be
listed in the Registry as a CDO, the CDO
must comply with the annual
documentation requirements of § 203.5.
A CDO applying for registration or
registered under this part as a U.S. PVO
must comply with the requirements of
this part.
§ 203.13
Delegation of authority.
The Administrator of USAID or his/
her designee may delegate authority to
the Assistant Administrator of the
Bureau for Democracy, Conflict and
Humanitarian Assistance to administer
the registration process and, in
particular, the authority to waive,
withdraw, or amend any or all of the
provisions within this part.
Dated: May 5, 2005.
Mary Newton,
Registrar, Private Voluntary Cooperation—
American Schools & Hospitals Abroad,
Bureau for Democracy, Conflict and
Humanitarian Assistance.
[FR Doc. 05–9544 Filed 5–12–05; 8:45 am]
BILLING CODE 6116–01–P
PENSION BENEFIT GUARANTY
CORPORATION
29 CFR Parts 4022 and 4044
Benefits Payable in Terminated SingleEmployer Plans; Allocation of Assets
in Single-Employer Plans; Interest
Assumptions for Valuing and Paying
Benefits
Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
AGENCY:
SUMMARY: The Pension Benefit Guaranty
Corporation’s regulations on Benefits
Payable in Terminated Single-Employer
Plans and Allocation of Assets in
Single-Employer Plans prescribe interest
assumptions for valuing and paying
benefits under terminating singleemployer plans. This final rule amends
the regulations to adopt interest
assumptions for plans with valuation
dates in May 2005. Interest assumptions
are also published on the PBGC’s Web
site (https://www.pbgc.gov).
EFFECTIVE DATE: June 1, 2005.
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion, Attorney, Legislative
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E:\FR\FM\13MYR1.SGM
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Agencies
[Federal Register Volume 70, Number 92 (Friday, May 13, 2005)]
[Rules and Regulations]
[Pages 25466-25470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9544]
=======================================================================
-----------------------------------------------------------------------
AGENCY FOR INTERNATIONAL DEVELOPMENT
22 CFR Part 203
Registration of Agencies for Voluntary Foreign Aid; Summary of
Comments
AGENCY: U.S. Agency for International Development, USAID.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: USAID is revising Part 203 in its entirety to clarify the
purposes of Registration and to emphasize that organizations must be
private and voluntary in nature in order to be registered.
DATES: Effective Date: May 13, 2005.
FOR FURTHER INFORMATION CONTACT: Mary Q. Newton, Registrar, Office of
Private Voluntary Cooperation--American Schools & Hospitals Abroad;
telephone: 202-712-4747; telefax: 202-216-3041 or e-mail:
mnewton@usaid.gov.
SUPPLEMENTARY INFORMATION: On May 7, 2002, the Agency published in the
Federal Register a proposed revision of Part 203.
The comment period was May 8, 2003, to July 8, 2002.
The Agency received comments from eleven private voluntary
organizations (PVOs) as well as comments from two cooperative
development organizations (CDOs). The following summarizes the
principal comments and actions taken:
1. Annual Documentation Requirements (see Sec. 203.5). For PVOs
submitting an Office of Management and Budget (OMB) Circular A-133
Audit, the due date for submitting annual documents was changed from
six months to nine months following the organization's fiscal year end
to take into account the time required for the registrant to prepare
the OMB Circular A-133 audit.
2. Submission of Documents. A comment expressed opposition to
submitting duplicate documents to various offices within USAID. The
words ``the same or'' were deleted from 203.4(d). The sentence now
reads: ``Other USAID officials may request similar information at a
later date for purposes of determining the PVO's eligibility for a
particular grant or cooperative agreement.''
3. Registration Status--Transition Provisions. PVOs currently
registered will continue to be registered under the new rule. The new
annual documentation requirements are in effect as of the date of the
new rule. The previous rule and the new rule are available on the USAID
Web site at https://www.usaid.gov Keyword: PVO Registration. New
applicants will be required to submit their applications and
documentation under the revised Conditions of Registration and new
rules.
4. Registration of CDOs. Two comments were made with regard to the
elimination of Registration eligibility for IRS 501(c)(4) and 501(c)(6)
organizations, specifically cooperative development organizations
(CDOs). The Agency's intent is not to eliminate CDOs from the U.S. PVO
Registry at https://www.usaid.gov Keyword: Registry. Therefore, CDOs
will continue to be listed in the Registry and will continue to be
required to meet the annual documentation requirements in Sec. 203.5.
(see Sec. 203.12)
5. AID Form 1550-2. A comment requested that PVOs not currently
receiving funding from the U.S. Government for overseas programs not be
required to submit the AID Form 1550-2. The suggested change was not
adopted since AID Form 1550-2 provides current demographic information
on each PVO as well as
[[Page 25467]]
financial information. The AID Form 1550-2 has a two-fold purpose:
collecting data required to determine whether the organization meets
USAID's Conditions of Registration and provide USAID with the
information for computing the amount of USAID funding made available to
PVOs. Until an applicant completes the AID Form 1550-2 in its entirety,
the Agency cannot determine whether that applicant meets the Conditions
of Registration.
6. Registration of Non-U.S. PVOs. One comment concerned the
Registration on non-U.S. PVOs. There are two types of non-U.S. PVOs:
Local and International. A ``Local PVO'' is a non-U.S. PVO operating in
the same foreign country in which it is organized. Local PVOs are not
required to register with USAID/Washington. An ``International PVO'' is
a non-U.S. PVO that performs development work in one or more countries
other than the country in which it is domiciled. International PVOs are
required to register with USAID. The Registration procedures for
International PVOs have been added (see Sec. 203.6).
List of Subjects in 22 CFR Part 203
Foreign aid, Nonprofit organizations.
0
Accordingly, 22 CFR Part 203 is revised as follows.
PART 203--REGISTRATION OF PRIVATE VOLUNTARY ORGANIZATIONS (PVOs)
Sec.
203.1 Purpose.
203.2 Definitions.
203.3 U.S. PVO conditions of registration.
203.4 U.S. PVO initial documentation requirements.
203.5 U S. PVO annual documentation requirements.
203.6 IPVO conditions of registration.
203.7 IPVO initial documentation requirements.
203.8 IPVO annual documentation requirements.
203.9 Denial of registration.
203.10 Termination of registration.
203.11 Access to records and communications.
203.12 Cooperative Development Organizations (CDOs).
203.13 Delegation of authority.
Authority: Sec. 621, Foreign Assistance Act of 1961, as amended
(22 U.S.C. 2381).
Sec. 203.1 Purpose.
(a) USAID registers PVOs to:
(1) Meet statutory and regulatory requirements that a U.S. PVO be
registered with USAID as a condition for USAID funding.
(2) Provide USAID with information for computing the amount of
USAID funding made available to PVOs.
(b) It is not the purpose of registration to allow or enable
registered PVOs to make any representation to the public concerning the
meaning of being registered with USAID. Promotional materials or
advertisements suggesting otherwise will be grounds for removal from
the USAID PVO Registry.
(c) Registration does not bring an organization within the
Ambassador's authority and responsibility for the security of U.S.
Government operations and personnel abroad.
Sec. 203.2 Definitions.
As used in this part:
(a) Cooperative Development Organization (CDO) means an
organization designated by USAID as a voluntary, independent business
enterprise formed to meet specific needs of its members through a
common venture.
(b) Foreign Assistance Act (FAA) means the Foreign Assistance Act
of 1961, as amended, 22 U.S.C. 2151, et seq.
(c) General Public means citizens and nongovernmental organizations
(NGOs). The general public does not include government agencies in the
United States or abroad, or public international organizations such as
the United Nations and the World Health Organization.
(d) Headquarters means the principal executive office where legal,
accounting, and administrative information may be accessed in the daily
course of conducting business.
(e) International Private Voluntary Organization (IPVO) means an
entity that:
(1) Is non-U.S. based in that it is organized under the laws of the
country in which it is domiciled;
(2) Is a private nongovernmental organization (NGO) that solicits
and receives cash contributions from the general public;
(3) Is a charitable organization in that it is nonprofit and tax
exempt under the laws of its country of domicile and operation, and is
not a university, college, accredited degree-granting institution of
education, private foundation, hospital, organization engaged
exclusively in research or scientific activities, church, synagogue,
mosque or other similar entities organized primarily for religious
purposes; and
(4) Conducts, or anticipates conducting, program activities in one
or more countries other than its country of origin that are consistent
with the general purposes of the Foreign Assistance Act and/or Public
Law 480.
(5) Is not recognized as a Public International Organization
according to USAID's Automated Directives System (ADS) 308.3.
(f) Local Private Voluntary Organization (LPVO) means a non-U.S.
based PVO that meets the definition of an International Private
Voluntary Organization, except that it operates only in the same
foreign country in which it is organized. LPVOs are not required to
register with USAID/Washington but USAID Missions may require some
other eligibility method when making awards.
(g) Non-U.S. Private Voluntary Organization (Non-U.S. PVO) means an
entity that meets the definition of a U.S. PVO, but is not
headquartered in the United States. Non-U.S. PVOs include both Local
Private Voluntary Organizations and International Private Voluntary
Organizations.
(h) Nongovernmental Organization (NGO) means any nongovernmental
organization or entity, whether nonprofit or profit-making.
(i) Nonprofit organization means any corporation, trust,
association, cooperative or other organization that is operated
primarily for service, charitable, scientific, educational or other
similar purposes; is not organized for profit; and uses its net
proceeds to maintain, improve, and/or expands its operations.
(j) Private Voluntary Organization (PVO) See U.S. Private Voluntary
Organization, International Private Voluntary Organization, and Local
Private Voluntary Organization.
(k) Public International Organization (PIO) means a non-U.S. based
organization (i.e., composed principally of governments) in which the
U.S. participates. (See USAID's Automated Directives System (ADS)
308.3).
(l) Public Law 480 means the Agricultural Trade Development and
Assistance Act of 1954, as amended, 7 U.S.C. 1691, et seq.
(m) Solicits means to undertake a substantial effort to obtain
donations.
(n) Supporting Services means the total of general and
administration expenses plus fundraising expenses.
(o) USAID means the U.S. Agency for International Development.
(p) U.S. Private Voluntary Organization (U.S. PVO) means an entity
that:
(1) Is organized under the laws of the United States and
headquartered in the United States;
(2) Is a nongovernmental organization (NGO) that solicits and
receives cash
[[Page 25468]]
contributions from the U.S. general public;
(3) Is a charitable organization in that it is nonprofit and exempt
from Federal income taxes under section 501(c)(3) of the Internal
Revenue Code, and is not a university, college, accredited degree-
granting institution of education, private foundation, hospital,
organization established by a major political party in the United
States, organization established, funded and audited by the U.S.
Congress, organization engaged exclusively in research or scientific
activities, church, synagogue, mosque or other similar entity organized
primarily for religious purposes; and
(4) Conducts, or anticipates conducting, overseas program
activities that are consistent with the general purposes of the Foreign
Assistance Act and/or Public Law 480.
Sec. 203.3 U.S. PVO conditions of registration.
There are eight Conditions of Registration for U.S. organizations.
The first four Conditions relate to whether an organization meets the
definition of a U.S. PVO, as set forth in Sec. 203.2 (p), while the
last four Conditions establish standards by which the U.S. PVO is
evaluated.
An applicant must be registered with USAID as a U.S. PVO if USAID
finds that the applicant has satisfied all of the following Conditions:
(a) Condition No. 1 (U.S. based). Is U.S. based in that it:
(1) Is organized under the laws of the United States; and
(2) Has its headquarters in the United States.
(b) Condition No. 2 (Private). Is a nongovernmental organization
(NGO) and solicits and receives cash contributions from the U.S.
general public.
(c) Condition No. 3 (Voluntary). Is a charitable organization in
that it:
(1) Is nonprofit and exempt from Federal income taxes under Section
501(C)(3) of the Internal Revenue Code; and
(2) Is not a university, college, accredited degree-granting
institution of education, private foundation, hospital, organization
established by a major political party in the United States,
organization established, funded and audited by the U.S. Congress,
organization engaged exclusively in research or scientific activities,
church, synagogue, mosque or other similar entity organized primarily
for religious purposes.
(d) Condition No. 4 (Overseas Program Activities). Conducts, or
anticipates conducting, overseas program activities that are consistent
with the general purposes of the Foreign Assistance Act and/or Public
Law 480.
(e) Condition No. 5 (Board of Directors). Has a governing body:
(1) That meets at least annually;
(2) Whose members do not receive any form of income for serving on
the board; and
(3) Whose majority is not composed of the PVO's officers or staff
members.
(f) Condition No. 6 (Financial Viability). That it:
(1) Accounts for its funds in accordance with generally accepted
accounting principles (GAAP);
(2) Has a sound financial position;
(3) Provides its financial statements to the public upon request;
and
(4) Has been incorporated for not less than 18 months.
(g) Condition No. 7 (Program Activities vs. Supporting Services).
That it:
(1) Expends and distributes its funds in accordance with the annual
report of program activities;
(2) Does not expend more than 40 percent of total expenses on
supporting services.
(3) In order to maintain its registration, conducts international
program activities within the last three years. For example, if a U.S.
PVO did not have any international activities for 2004, the current
year, or 2003, but did have activities in 2002, then it would remain
registered. However, if it did not have any international activities in
2005, USAID would remove it from the Registry in 2006 because for the
previous three years (2003, 2004, 2005), it did not conduct any
international activities.
(h) Condition No. 8 (General Eligibility). It is not:
(1) Suspended or debarred by an agency of the U.S. Government;
(2) Designated as a foreign terrorist organization by the Secretary
of State, pursuant to Section 219 of the Immigration and Nationality
Act, as amended; or
(3) The subject of a decision by the Department of State to the
effect that registration or a financial relationship between USAID and
the organization is contrary to the national defense, national
security, or foreign policy interests of the United States.
Sec. 203.4 U.S. PVO initial documentation requirements.
(a) So that USAID can determine whether an applicant meets the
Conditions of Registration, an application must be submitted in
duplicate. The application instructions and forms packet are available
at USAID Web site https://www.usaid.gov Keyword: PVO Registration. The
completed application must include:
(1) A cover letter with
(i) The reason for applying for registration; and
(ii) A description of current or intended overseas program
activities;
(2) Articles of incorporation on state letterhead with state seal
and authorizing state official's signature;
(3) Bylaws establishing the applicant's corporate structure;
(4) IRS Form 990 and a copy of an IRS letter of tax exemption;
(5) Audited financial statements for the most recent fiscal year
prepared on an accrual basis in accordance with generally accepted
accounting principles (GAAP) by an independent certified public
accountant (CPA); an Office of Management and Budget (OMB) Circular A-
133 audit, if applicable;
(6) Annual report or similar document that describes overall
program activities for the same year as the audit, including a list of
board members;
(7) AID Form 1550-2, PVO Annual Return; and
(8) AID Form 200-1, PVO Classification Form.
(b) In addition, each applicant must submit such other information
as USAID may reasonably require to determine whether the organization
meets the Conditions of Registration.
(c) USAID may revise this list of documents from time to time.
(d) Other USAID officials may request information similar to that
submitted under these regulations for other purposes; for example, to
determine an organization's eligibility for a particular grant or
cooperative agreement.
(e) The completed application must be sent in duplicate to the
USAID Registrar, Office of Private Voluntary Cooperation--American
Schools & Hospitals Abroad, 1300 Pennsylvania Avenue, NW., Washington,
DC 20523-7600.
Sec. 203.5 U.S. PVO annual documentation requirements.
(a) To maintain its registration, each registered PVO must submit
documents and forms annually. The submission instructions and forms
packet are available at USAID Web site www.usaid.gov Keyword: PVO
Registration. The completed submission must include:
(1) Audited financial statements for the most recent fiscal year
prepared on an Accrual basis in accordance with GAAP by an independent
CPA; an OMB Circular A-133 audit, if applicable; or unaudited financial
statements if total
[[Page 25469]]
Support and revenue is less than $50,000.
(2) Annual report or similar document that describes overall
program activities for the same year as the audit, including a list of
board members;
(3) AID Form 1550-2, PVO Annual Return; and
(4) AID Form 200-1, PVO Classification Form.
(b) PVOs also must submit any amendments, if applicable, to its
articles of incorporation, or bylaws and any changes in the tax-exempt
status.
(c) Submission is due within six months after the close of the
PVO's fiscal year if the PVO does not prepare an OMB Circular A-133
audit.
(d) Submission is due within nine months after the close of the
PVO's fiscal year if the PVO does prepare an OMB Circular A-133 audit.
(e) In addition, each registrant must submit such other information
as USAID may reasonably require to determine that the organization
continues to meet the Conditions of Registration.
(f) USAID may revise this list of documents from time to time.
(g) Other USAID officials may request information similar to that
submitted under these regulations for other purposes; for example, to
determine the PVO's eligibility for a particular grant or cooperative
agreement.
(h) The completed submission must be sent annually to the USAID
Registrar, Office of Private Voluntary Cooperation--American Schools &
Hospitals Abroad, 1300 Pennsylvania Avenue, NW., Washington, DC 20523-
7600.
Sec. 203.6 IPVO conditions of registration.
There are eight Conditions of Registration for international
organizations. The first four Conditions relate to whether an
organization meets the definition of an IPVO, as set forth in Sec.
203.2(e), while the last four Conditions establish standards by which
the IPVO is evaluated. An applicant must be registered with USAID as an
IPVO if USAID finds that the applicant has satisfied all of the
following Conditions:
(a) Condition No. 1 (Non-U.S based). Is non-U.S. based in that it:
(1) Is organized under the laws of the country in which it is
domiciled; and
(2) Has its headquarters in the same country.
(b) Condition No. 2 (Private). Is a nongovernmental organization
(NGO) and solicits and receives cash contributions from the general
public.
(c) Condition No. 3 (Voluntary). Is a charitable organization in
that it:
(1) Is nonprofit and tax exempt under the laws of its country of
domicile and operation;
(2) Is not a university, college, accredited degree-granting
institution of education, private foundation, hospital, organization
engaged exclusively in research or scientific activities, church,
synagogue, mosque or other similar entity organized primarily for
religious purposes; and
(3) Is not recognized as a Public International Organization
according to USAID's ADS 308.3.
(d) Condition No. 4 (International Program Activities). Conducts,
or anticipates conducting, program activities in one or more countries
other than its country of origin and that are consistent with the
general purposes of the Foreign Assistance Act and/or Public Law 480.
(e) Condition No. 5 (Board of Directors). Has a governing body:
(1) That meets at least annually;
(2) Whose members do not receive any form of income for serving on
the board; and
(3) Whose majority is not composed of the IPVO's officers or staff
members.
(f) Condition No. 6 (Financial Viability). That it:
(1) Accounts for its funds in accordance with generally accepted
accounting principles (GAAP) or generally accepted accounting standards
of IPVO's country of domicile.
(2) Has a sound financial position;
(3) Provides its financial statements to the public upon request;
and
(4) Has been incorporated for not less than 18 months.
(g) Condition No. 7 (Program Activities vs. Supporting Services).
That it:
(1) Expends and distributes its funds in accordance with the annual
report of program activities;
(2) Does not expend more than 40 percent of total expenses on
supporting services; and
(3) In order to maintain its registration, conducts international
program activities within the last three years. For example, if an IPVO
did not have any international activities for 2004, the current year,
or 2003, but did have activities in 2002, then it would remain
registered. However, if it did not have any international activities in
2005, USAID would remove it from the Registry in 2006 because for the
previous three years (2003, 2004, 2005), it did not conduct any
international activities.
(h) Condition No. 8 (General Eligibility). It is not:
(1) Suspended or debarred by an agency of the U.S. Government;
(2) Designated as a foreign terrorist organization by the Secretary
of State, pursuant to Section 219 of the Immigration and Nationality
Act, as amended; or
(3) The subject of a decision by the Department of State to the
effect that registration or a financial relationship between USAID and
the organization is contrary to the national defense, national
security, or foreign policy interests of the United States.
Sec. 203.7 IPVO initial documentation requirements.
(a) So that USAID can determine whether an applicant meets the
Conditions of Registration, an application must be submitted in
duplicate and in English. The application instructions and forms packet
are available at USAID Web site https://www.usaid.gov Keyword: PVO
Registration. The completed application must include:
(1) A cover letter with
(i) The reason for applying for registration; and
(ii) A description of current or intended program activities
abroad;
(2) Articles of incorporation or charter establishing the IPVO's
legal status under the laws of the country in which it is domiciled;
(3) Bylaws or other documents establishing the applicant's
corporate structure;
(4) Statement of tax exemption or a comparable document from the
country of its origin;
(5) Audited financial statements for the most recent fiscal year
prepared on an accrual basis in accordance with generally accepted
accounting principles (GAAP) or generally accepted accounting standards
for IPVO's country of domicile by an independent certified public
accountant (CPA) and in U.S. dollars;
(6) Annual report or similar document that describes overall
program activities for the same year as the audit, including a list of
board members;
(7) International Executive Contact Data Sheet; and
(8) AID Form 200-1, PVO Classification Form.
(b) In addition, each applicant must submit such other information
as USAID may reasonably require to determine whether the organization
meets the Conditions of Registration.
(c) USAID may revise this list of documents from time to time.
(d) Other USAID officials may request information similar to that
submitted under these regulations for other purposes; for example, to
determine an organization's eligibility for a particular grant or
cooperative agreement.
[[Page 25470]]
(e) The completed application must be sent in duplicate to the
USAID Registrar, Office of Private Voluntary Cooperation--American
Schools & Hospitals Abroad, 1300 Pennsylvania Avenue, NW., Washington,
DC 20523-7600.
Sec. 203.8 IPVO annual documentation requirements.
(a) To maintain its registration, each registered IPVO must submit
documents and forms, in English, annually. The submission instructions
and forms packet are available at USAID Web site www.usaid.gov Keyword:
PVO Registration. The completed submission must include:
(1) Audited financial statements for the most recent fiscal year
prepared on an accrual basis in accordance with GAAP or generally
accepted accounting standards for IPVO's country of domicile by an
independent CPA; or unaudited financial statements if total support and
revenue is less than $50,000 in U.S. dollars;
(2) Annual report or similar document that describes overall
program activities for the same year as the audit, including a list of
board members;
(3) International Executive Contact Data Sheet; and
(4) AID Form 200-1, PVO Classification Form.
(b) IPVOs also must submit any amendments, if applicable, to its
articles of incorporation, charter, or bylaws and any changes in the
tax-exempt status.
(c) Submission is due within six months after the close of the
IPVO's fiscal year.
(d) In addition, each registrant must submit such other information
as USAID may reasonably require to determine that the organization
continues to meet the Conditions of Registration.
(e) USAID may revise this list of documents from time to time.
(f) Other USAID officials may request information similar to that
submitted under these regulations for other purposes; for example, to
determine the IPVO's eligibility for a particular grant or cooperative
agreement.
(g) The completed submission must be sent annually in English to
the USAID Registrar, Office of Private Voluntary Cooperation--American
Schools & Hospitals Abroad, 1300 Pennsylvania Avenue, NW., Washington,
DC 20523-7600.
Sec. 203.9 Denial of registration.
(a) Notification of denial of registration. Denial of registration
by USAID will include written notice to the applicant stating the
grounds for the denial.
(b) Reconsideration. Within 30 days after receipt of a denial
notification an organization may request that its application be
reconsidered. USAID will consider the request and inform the applicant
in writing of USAID's subsequent decision.
(c) Resubmission. An organization may at any time submit a new
application for registration.
Sec. 203.10 Termination of registration.
(a) Reasons. USAID may terminate registration for any of the
following reasons if the registrant:
(1) Relinquishes its registration status voluntarily upon written
notice to USAID;
(2) Fails to comply with the documentation requirements or the
Conditions of Registration;
(3) Uses promotional material or advertisements suggesting that its
USAID registration is an endorsement; or
(4) Refuses to transfer to USAID any records, documents, copies of
such records or documents, or information referred to in this
regulation and within the registrant's control within a reasonable time
after USAID request them.
(b) Notification of termination of registration. Termination by
USAID will include written notice to the registrant stating the grounds
for the termination.
(c) Reconsideration. Within 30 days after receipt of a termination
notification an organization may request that its termination be
reconsidered. USAID will consider the request and inform the registrant
in writing of USAID's subsequent decision. In addition, USAID may, at
its own discretion, reconsider a termination of registration at any
time.
(d) Resubmission. An organization may at any time submit a new
application for registration.
Sec. 203.11 Access to records and communications.
(a) All records, reports, and other documents that are made
available to USAID pursuant to this regulation must be made available
for public inspection and copying, pursuant to the Freedom of
Information Act and other applicable laws.
(b) Communications from USAID will only be sent to the applicant's
or registrant's headquarters.
Sec. 203.12 Cooperative Development Organizations (CDOs).
CDOs are not PVOs for purposes of registration under this part.
CDOs as part of the larger PVO community will continue to be listed in
the U.S. PVO Registry at www.usaid.gov Keyword: Registry and will
continue to be eligible for assistance that is otherwise available to
registered U.S. PVOs. In order to be listed in the Registry as a CDO,
the CDO must comply with the annual documentation requirements of Sec.
203.5. A CDO applying for registration or registered under this part as
a U.S. PVO must comply with the requirements of this part.
Sec. 203.13 Delegation of authority.
The Administrator of USAID or his/her designee may delegate
authority to the Assistant Administrator of the Bureau for Democracy,
Conflict and Humanitarian Assistance to administer the registration
process and, in particular, the authority to waive, withdraw, or amend
any or all of the provisions within this part.
Dated: May 5, 2005.
Mary Newton,
Registrar, Private Voluntary Cooperation--American Schools & Hospitals
Abroad, Bureau for Democracy, Conflict and Humanitarian Assistance.
[FR Doc. 05-9544 Filed 5-12-05; 8:45 am]
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