Title 22--FOREIGN RELATIONS
Chapter VII--OVERSEAS PRIVATE INVESTMENT CORPORATION


Authority: 5 U.S.C. 7301. Employees of the Overseas Private Investment Corporation (OPIC) should refer to the executive branch-wide Standards of...


provisions. 706.12 Definitions. Subpart B_Procedures for Obtaining Publicly Available Records 706.21 What types of OPIC records are publicly...


other than commercial use requesters, educational and non-commercial scientific requesters, or representatives of the news media. ...


copies of these records? (a) Electronic access. (1) Many OPIC records are readily available to the public by electronic access, including OPIC's Annual Report,...


the public? (a) Submitting a request. To request records that are not otherwise available to the public, submit a written request to OPIC's FOIA Office either...


OPIC to respond within twenty working days after the date on which OPIC's FOIA Office received the request. (b) Order of processing. Generally, OPIC responds to FOIA...


writing once OPIC makes a determination concerning your request. OPIC will respond by providing the requested records to you in whole or in part and/or by denying...


be charged for costs incurred by OPIC in complying with your FOIA request, in accordance with paragraph (c) of this section and as required or permitted by law. As explained...


waiver provisions, OPIC will furnish records to you without charge or at a reduced charge if disclosure of the information you request is in the public interest because it...


for records has been denied in whole or in part, you may file an appeal within twenty working days following the date on which you receive OPIC's denial. Your appeal should...


OPIC? All business submitters may designate, by appropriate markings, either at the time of submission or at a later time, any portions of their...


(a) Except as provided in paragraph (e) of this section, OPIC's FOIA Office will promptly notify a business submitter in writing that a request for disclosure has been made for...


lawsuit seeking to compel the disclosure of business information, OPIC will promptly notify any business submitter(s) that submitted information at issue in...


the National Archives of the United States? Under the Records Disposal Act, 44 U.S.C. Chapter 33, OPIC is required to transfer legal custody and control of records...


Subpart A_General Sec. 707.11 Purpose. 707.12 Definitions. Subpart B_Notification; Access to Records; Amendment; Fees 707.21 Requests...


the terms agency, individual, maintain, record, system of records, statistical record, and routine use shall have the meaning specified for each such term in 5...


access to or copies of records. (a) Whenever an individual desires either notification of, access to or copies of records which are maintained by the Corporation...


(a) Whenever any individual desires an amendment to any record of the Corporation to correct information in such record pertaining to him that he believes not to be...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR707.23] [Page 237] TITLE 22--FOREIGN RELATIONS CHAPTER VII--OVERSEAS PRIVATE INVESTMENT CORPORATION PART 707_ACCESS TO AND SAFEGUARDING OF PERSONAL INFORMATION IN RECORDS OF THE CORPORATION--Table of Contents Subpart B_Notification; Access to Records; Amendment; Fees Sec. 707.23 Fees. The fees to be charged by the Corporation for making copies of any records provided to any individual under this part 707 shall be twenty (20) cents per page. ...


this part 707 shall be construed as a waiver by the Corporation, either in whole or in part, of the provisions of 5 U.S.C. 552(b) or 18 U.S.C. 1905. The Corporation, to the...


5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4) (G), (H) and (I) and (f) shall not apply to any system of records maintained by the Corporation that is-- (a) Subject to...


announcement. 708.5 Closed meetings. 708.6 Records of closed meetings. Authority: 5 U.S.C. 552b. Source: 42 FR 13110, Mar. 9, 1977, unless...


of the Board of Directors of the Corporation while protecting the rights of individuals and the ability of the Corporation to carry out its responsibilities. In order...


days prior to the scheduled meeting date in order for the Secretary of the Corporation to give the public notice required by Sec. 708.4. However in special cases, a...


of the Board of Directors, the Secretary shall make public announcement at least one week before the meeting, of the time, place, [[Page 239]] and...


the procedures set forth in paragraph (c) of this section, that such portion or portions of the meeting or disclosure of such information is likely to: (1) Disclose...


certify prior to such meeting that, in his or her opinion, the meeting may be closed to the public and shall state each relevant exemptive provision. A copy of...


suspension of entities from eligibility. 709.5 Procedure. 709.6 Suspension duration criteria. 709.7 Effect of suspension. 709.8 Procedure for voiding suspensions. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR709.2] [Page 242] TITLE 22--FOREIGN RELATIONS CHAPTER VII--OVERSEAS PRIVATE INVESTMENT CORPORATION PART 709_FOREIGN CORRUPT PRACTICES ACT OF 1977--Table of Contents Sec. 709.2 Applicability. These regulations take effect on the date of publication in the Federal Register and govern eligibility for OPIC services for which OPIC has not previously obligated itself. ...


partnership, or person. (c) Offense means any act or omission to act which has been found by a United States court of competent jurisdiction to constitute,...


supported by OPIC may be suspended from eligibility for additional OPIC services for a period of not more than 5 years pursuant to a...


the Act the OPIC General Counsel shall ascertain whether a conviction has been entered against such entity under the Act and, if so, whether it was entered for an...


to these regulations include, but are not limited to, the following: (a) Whether the offense with respect to which suspension has been imposed or is being considered...


subject to the provisions of section 7(b), be eligible to receive any additional insurance, reinsurance, guaranty, loan, or other financial support from OPIC. ...


the conviction or convictions on which a suspension was based, and subject to verification thereof by the General Counsel and to a finding by the General Counsel that no...


of administrative disciplinary proceeding. 710.4 Notice. 710.5 Failure to request hearing. 710.6 Appointment and qualifications of examiner. 710.7...


of the statutory or regulatory post-employment restrictions by a former OPIC employee and after determining that such information does not appear to be frivolous,...


determines after appropriate review that there is reasonable cause to believe that a former OPIC employee had violated the statutory or regulatory...


by providing the former OPIC employee with notice of an intention to institute a [[Page 245]] proceeding and an opportunity for a hearing. Notice...


in the case of any former OPIC employee who has failed to make a written request to OPIC for a hearing within 30 days after receiving...


a hearing, a presiding official (hereinafter referred to as ``examiner'') shall be appointed by the President of OPIC to make an initial decision. The examiner shall be...


hearing. In establishing a date, the examiner shall give due regard to the former employee's need for: (a) Adequate time to prepare a defense properly; and (b)...


(a) Represent oneself or be represented by counsel; (b) Introduce and examine witnesses and submit physical evidence (including the use of interrogatories); ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR710.9] [Page 245] TITLE 22--FOREIGN RELATIONS CHAPTER VII--OVERSEAS PRIVATE INVESTMENT CORPORATION PART 710_ADMINISTRATIVE ENFORCEMENT PROCEDURES OF POST-EMPLOYMENT RESTRICTIONS--Table of Contents Sec. 710.9 Burden of proof. In any hearing under this part, OPIC shall have the burden of proof and must establish substantial evidence of a violation of the statutory or post-employment restrictions. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR710.10] [Page 245] TITLE 22--FOREIGN RELATIONS CHAPTER VII--OVERSEAS PRIVATE INVESTMENT CORPORATION PART 710_ADMINISTRATIVE ENFORCEMENT PROCEDURES OF POST-EMPLOYMENT RESTRICTIONS--Table of Contents Sec. 710.10 Findings. The examiner shall make a determination exclusively on matters of record in the proceeding and shall set forth in the written decision all findings of fact and conclusions of law relevant to the matters in issue. ...


the President of OPIC. The President's decision on such appeal shall be based solely on the record of the proceedings or those portions thereof cited by the parties to limit...


in the case of an individual who is found in violation of the statutory or regulatory post-employment restrictions, after a final...


behalf of any other person (except the United States), any formal or informal appearance before, or with the intent to influence, any oral or [[Page...


restrictions (18 U.S.C. 207(a), (b) or (c) or the regulations compiled at 44 FR 19987 and 19988, April 3, 1979) may seek judicial review of the...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR710.15] [Page 246] TITLE 22--FOREIGN RELATIONS CHAPTER VII--OVERSEAS PRIVATE INVESTMENT CORPORATION PART 710_ADMINISTRATIVE ENFORCEMENT PROCEDURES OF POST-EMPLOYMENT RESTRICTIONS--Table of Contents Sec. 710.15 Delegation of authority. The functions of the President of OPIC specified in Sec. Sec. 710.2, 710.4 and 710.5 of this part are delegated to the General Counsel of OPIC. An examiner shall be delegated authority on an ad hoc basis. ...


Application. 711.103 Definitions. 711.104-711.109 [Reserved] 711.110 Self-evaluation. 711.111...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR711.102] [Page 246] TITLE 22--FOREIGN RELATIONS CHAPTER VII--OVERSEAS PRIVATE INVESTMENT CORPORATION PART 711_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN Sec. 711.102 Application. This regulation (Sec. Sec. 711.101-711.170) applies to all programs or activities conducted by the agency, except for programs or activities conducted outside the United States that do not involve individuals with handicaps in the United States. ...


Rights Division, United States Department of Justice. Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking skills...


do not or may not meet the requirements of this regulation and, to the extent modification of any such policies and practices is required, the agency shall proceed to...


information regarding the provisions of this regulation and its applicability to the programs or activities conducted by the agency, and make such information available to them...


excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the agency. (b)(1) The...


any program or activity conducted by the agency. The definitions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as...


shall, because the agency's facilities are inaccessible to or unusable by individuals with handicaps, be denied the benefits of, be excluded from participation in, or...


activity, when viewed in its entirety, is readily accessible to and usable by individuals with handicaps. This paragraph does not-- (1) Necessarily require the agency...


behalf of, or for the use of the agency shall be designed, constructed, or altered so as to be readily accessible to and usable by individuals with handicaps. The...


of other Federal entities, and members of the public. (1) The agency shall furnish appropriate auxiliary aids where necessary to afford an individual with handicaps...


discrimination on the basis of handicap in programs and activities conducted by the agency. (b) The agency shall process complaints alleging violations of section 504...


on use of funds. 712.105 Definitions. 712.110 Certification and disclosure. Subpart B_Activities by...


includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1). ...


if required, with each submission that initiates agency consideration of such person for: [[Page 255]] (1) Award of a Federal contract, grant,...


in Sec. 712.100 (a), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a...


in Sec. 712.100 (a), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR712.210] [Page 257] TITLE 22--FOREIGN RELATIONS CHAPTER VII--OVERSEAS PRIVATE INVESTMENT CORPORATION PART 712_NEW RESTRICTIONS ON LOBBYING--Table of Contents Subpart B_Activities by Own Employees Sec. 712.210 Reporting. No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. ...


appropriated funds, in Sec. 712.100 (a), does not apply in the case of any reasonable payment to a person, other than an officer or employee of a person requesting or receiving...


be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. [[Page 258]] (b) Any person who fails to file...


the provisions of the Program Fraud and Civil Remedies Act, 31 U.S.C. sections 3803 (except subsection (c)), 3804, 3805, 3806, 3807, 3808, and 3812, insofar as these provisions...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR712.410] [Page 258] TITLE 22--FOREIGN RELATIONS CHAPTER VII--OVERSEAS PRIVATE INVESTMENT CORPORATION PART 712_NEW RESTRICTIONS ON LOBBYING--Table of Contents Subpart D_Penalties and Enforcement Sec. 712.410 Enforcement. The head of each agency shall take such actions as are necessary to ensure that the provisions herein are vigorously implemented and enforced in that agency. ...


a covered Federal action from the prohibition whenever the Secretary determines, in writing, that such an exemption is in the national interest. The Secretary shall transmit...


disclosure reports (see appendix B) and, on May 31 and November 30 of each year, submit to the Secretary of the Senate and the Clerk of the House of Representatives a...


paragraph (b) of this section, of each agency shall prepare and submit to Congress each year, commencing with submission of the President's Budget in 1991, an evaluation of...


does this part apply? 713.3 How do I request nonpublic records or testimony? 713.4 What must my written request contain? 713.5 When should I make my...


of an OPIC employee for a legal proceeding. It does not apply to records that OPIC is required to release, or of which OPIC makes discretionary release, under the...


an OPIC employee, you must submit a written request to the Vice-President/General Counsel of OPIC. If you serve a subpoena on OPIC or an OPIC employee before submitting...


(a) The caption of the legal proceeding, docket number, and name of the court or other authority involved. (b) A copy of the complaint or equivalent document...


the records or testimony. If you want your request processed in a shorter time, you must explain why you could not submit the request earlier and why you need such...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR713.6] [Page 265] TITLE 22--FOREIGN RELATIONS CHAPTER VII--OVERSEAS PRIVATE INVESTMENT CORPORATION PART 713_PRODUCTION OF NONPUBLIC RECORDS AND TESTIMONY OF OPIC EMPLOYEES IN LEGAL PROCEEDINGS--Table of Contents Sec. 713.6 Where should I send my request? Send your request or subpoena for records or testimony to the attention of the Vice-President/General Counsel, OPIC, 1100 New York Avenue NW, Washington, DC 20527. [[Page 266]] ...


in reviewing a request for nonpublic records or testimony of OPIC employees, including: (1) Whether disclosure would assist or hinder OPIC in performing...


complying with your request, including copying fees for records and witness fees for testimony. The Vice-President/General Counsel may condition the production of...


may impose conditions or restrictions on the release of nonpublic records, including a requirement that you obtain a protective order or execute a...


any federal, state or foreign administrative or judicial authority, including courts, agencies, commissions, boards, grand juries, or other tribunals, involving...




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