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Rule: Private voluntary organizations; registration

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25466

Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Rules and Regulations

maintain a separate registration at the (iv) Whether central records will be Federal Register a proposed revision of Part 203. location of each long term care facility maintained in a manual, or computer The comment period was May 8, at which automated dispensing systems readable, form. are located. If more than one registered (2) A registered retail pharmacy that2003, to July 8, 2002. The Agency received comments from retail pharmacy operates automated possesses additional registrations for dispensing systems at the same long automated dispensing systems at long eleven private voluntary organizations (PVOs) as well as comments from two term care facility, each retail pharmacyterm care facilities may keep all records cooperative development organizations required by this part for those additional must maintain a registration at the long The following summarizes the registered sites at the retail pharmacy (CDOs). or term care facility. principal comments and actions taken: other approved central location. (c) A registered retail pharmacy 1. Annual Documentation applying for a separate registration to * * * * * Requirements (see \u00a7 203.5). For PVOs operate an automated dispensing system submitting an Office of Management PART 1307 \u2014 MISCELLANEOUS for the dispensing of controlled and Budget (OMB) Circular A\u2013133 substances at a long term care facility is Audit, the due date for submitting I 8. The authority citation for part 1307 exempt from application fees for any continues to read as follows: annual documents was changed from such additional registrations. Authority: 21 U.S.C. 821, 822(d), 871(b), six months to nine months following the organization\u2019s fiscal year end to take unless otherwise noted. PART 1304\u2014RECORDS AND into account the time required for the REPORTS OF REGISTRANTS I 9. Section 1307.11 is amended by registrant to prepare the OMB Circular adding a new paragraph (c) to read as A\u2013133 audit. I 6. The authority citation for part 1304 follows: 2. Submission of Documents. A continues to read as follows: comment expressed opposition to \ u 0 0 a 7 1307.11 Distribution by dispenser to Authority: 21 U.S.C. 821, 827, 871(b), submitting duplicate documents to another practitioner or reverse distributor. 958(e), 965, unless otherwise noted. various offices within USAID. The * * * * * I 7. Section 1304.04 is amended by words \u2018\u2018the same or\u2019\u2019 were d (c) The distributions that a registered revising paragraph (a) to read as follows: 203.4(d). The sentence now reads: retail pharmacy makes to automated \u2018\u2018 Other USAID officials may request \ u 0 0 a 7 1304.04 Maintenance of records anddispensing systems at long term care similar information at a later date for inventories. facilities for which the retail pharmacy purposes of determining the PVO\u2019s (a) Except as provided in paragraphsalso holds registrations do not count eligibility for a particular grant or (a)(1) and (a)(2) of this section, every toward the 5 percent limit in paragraphs cooperative agreement.\u2019\u2019 (a)(1)(iv) and (b) of this section. inventory and other records required to 3. Registration Status\u2014Transition be kept under this part must be kept by Dated: May 5, 2005. Provisions. PVOs currently registered the registrant and be available, for at William J. Walker, will continue to be registered under the least 2 years from the date of such new rule. The new annual Deputy Assistant Administrator, Office of inventory or records, for inspection and Diversion Control. documentation requirements are in copying by authorized employees of the[FR Doc. 05\u20139538 Filed 5\u201312\u201305; effect of the date of the new rule. The 8:45as am] Administration. previous rule and the new rule are BILLING CODE 4410\u201309\u2013P (1) Financial and shipping records available on the USAID Web site at (such as invoices and packing slips but http://www.usaid.gov Keyword: PVO not executed order forms subject to Registration. New applicants will be AGENCY FOR INTERNATIONAL \u00a7\u00a7 1305.17 and 1305.27 of this chapter) required to submit their applications DEVELOPMENT may be kept at a central location, rather and documentation under the revised than at the registered location, if the 22 CFR Part 203 Conditions of Registration and new registrant has notified the rules. Administration of his intention to keep Registration of Agencies for Voluntary 4. Registration of CDOs. Two central records. Written notification Foreign Aid; Summary of Comments comments were made with regard to the must be submitted by registered or elimination of Registration eligibility for AGENCY: U.S. Agency for International certified mail, return receipt requested, IRS 501(c)(4) and 501(c)(6) Development, USAID. in triplicate, to the Special Agent in organizations, specifically cooperative ACTION: Final rule. Charge of the Administration in the area development organizations (CDOs). The in which the registrant is located. Agency\u2019s intent is not to eliminate CDOs SUMMARY: USAID is revising Part 203 in Unless the registrant is informed by the its entirety to clarify the purposes of from the U.S. PVO Registry at http:// Special Agent in Charge that permission www.usaid.gov Keyword: Registry. Registration and to emphasize that to keep central records is denied, the Therefore, CDOs will continue to be organizations must be private and registrant may maintain central records listed in the Registry and will continue voluntary in nature in order to be commencing 14 days after receipt of his to be required to meet the annual registered. notification by the Special Agent in documentation requirements in \u00a7 203.5. Charge. All notifications must include DATES: Effective Date: May 13, 2005.(see \u00a7 203.12) the following: FOR FURTHER INFORMATION CONTACT: 5. AID Form 1550\u20132. A comment Mary Q. Newton, Registrar, Office of requested that PVOs not currently (i) The nature of the records to be kept Private Voluntary Cooperation\u2014 receiving funding from the U.S. centrally. American Schools & Hospitals Abroad;Government for overseas programs not (ii) The exact location where the telephone: 202\u2013712\u20134747; telefax: 202\u2013 records will be kept. be required to submit the AID Form 216 \u2013 3041 or e-mail: 1550\u20132. The suggested change was not (iii) The name, address, DEA adopted since AID Form 1550\u20132 registration number and type of DEA [email protected] provides current demographic registration of the registrant whose SUPPLEMENTARY INFORMATION: On May 7, information on each PVO as well as records are being maintained centrally.2002, the Agency published in the VerDate jul<14>2003

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Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Rules and Regulations25467 financial information. The AID Form (2) Provide USAID with information general purposes of the Foreign 1550\u20132 has a two-fold purpose: for computing the amount of USAID Assistance Act and/or Public Law 480. collecting data required to determine funding made available to PVOs. (5) Is not recognized as a Public (b) Itsis not the purpose of registration whether the organization meets USAID\u2019 International Organization according to Conditions of Registration and provide to allow or enable registered PVOs to USAID\u2019s Automated Directives System make any representation to the public (ADS) 308.3. USAID with the information for concerning the meaning of being computing the amount of USAID (f) Local Private Voluntary funding made available to PVOs. Until registered with USAID. Promotional Organization (LPVO) means a non-U.S. an applicant completes the AID Form materials or advertisements suggestingbased PVO that meets the definition of 1550\u20132 in its entirety, the Agency otherwise will be grounds for removal an International Private Voluntary from the USAID PVO Registry. cannot determine whether that Organization, except that it operates (c) Registration does not bring an applicant meets the Conditions of only in the same foreign country in organization within the Ambassador\u2019 s it is organized. LPVOs are not Registration. which authority and responsibility for the required to register with USAID/ 6. Registration of Non-U.S. PVOs. One security of U.S. Government operations Washington but USAID Missions may comment concerned the Registration on and personnel abroad. require some other eligibility method non-U.S. PVOs. There are two types of when making awards. non-U.S. PVOs: Local and International.\ u 0 0 a 7 203.2 Definitions. (g) Non-U.S. Private Voluntary A \u2018\u2018Local PVO\u2019\u2019 is a As non-U.S. PVO used in this part: Organization (Non-U.S. PVO) means an operating in the same foreign country in (a) Cooperative Development entity that meets the definition of a U.S. which it is organized. Local PVOs are Organization (CDO) means an PVO, but is not headquartered in the not required to register with USAID/ organization designated by USAID as a United States. Non-U.S. PVOs include Washington. An \u2018\u2018International PVO\u2019\u2019 is business voluntary, independent both Local Private Voluntary a non-U.S. PVO that performs enterprise formed to meet specific needs Organizations and International Private development work in one or more of its members through a common Voluntary Organizations. countries other than the country in venture. (h) Nongovernmental Organization which it is domiciled. International (b) Foreign Assistance Act (FAA) (NGO) means any nongovernmental PVOs are required to register with means the Foreign Assistance Act of organization or entity, whether USAID. The Registration procedures for 1961, as amended, 22 U.S.C. 2151, et nonprofit or profit-making. International PVOs have been added seq. (see \u00a7 203.6). (c) General Public means citizens and (i) Nonprofit organization means any corporation, trust, association, nongovernmental organizations (NGOs). List of Subjects in 22 CFR Part 203 cooperative or other organization that is The general public does not include operated primarily for service, Foreign aid, Nonprofit organizations.government agencies in the United charitable, scientific, educational or States or abroad, or public international other similar purposes; is not organized I Accordingly, 22 CFR Part 203 is organizations such as the United revised as follows. for profit; and uses its net proceeds to Nations and the World Health maintain, improve, and/or expands its Organization. PART 203\u2014REGISTRATION OF (d) Headquarters means the principaloperations. PRIVATE VOLUNTARY executive office where legal, accounting,(j) Private Voluntary Organization ORGANIZATIONS (PVOs) and administrative information may be(PVO) See U.S. Private Voluntary Organization, International Private accessed in the daily course of Sec. Voluntary Organization, and Local 203.1 Purpose. conducting business. Private Voluntary Organization. 203.2 Definitions. (e) International Private Voluntary (k) Public International Organization 203.3 U.S. PVO conditions of registration. Organization (IPVO) means an entity 203.4 U.S. PVO initial documentation (PIO) means a non-U.S. based that: requirements. organization (i.e., composed principally (1) Is non-U.S. based in that it is 203.5 U S. PVO annual documentation of governments) in which the U.S. organized under the laws of the country requirements. participates. (See USAID\u2019s Automated in which it is domiciled; 203.6 IPVO conditions of registration. Directives System (ADS) 308.3). (2) Is a private nongovernmental 203.7 IPVO initial documentation (l) Public Law 480 means the organization (NGO) that solicits and requirements. receives cash contributions from the Agricultural Trade Development and 203.8 IPVO annual documentation Assistance Act of 1954, as amended, 7 requirements. general public; U.S.C. 1691, et seq. 203.9 Denial of registration. (3) Is a charitable organization in that 203.10 Termination of registration. it is nonprofit and tax exempt under the (m) Solicits means to undertake a 203.11 Access to records and substantial effort to obtain donations. laws of its country of domicile and communications. (n) Supporting Services means the operation, and is not a university, 203.12 Cooperative Development total of general and administration college, accredited degree-granting Organizations (CDOs). expenses plus fundraising expenses. institution of education, private 203.13 Delegation of authority. (o) USAID means the U.S. Agency for foundation, hospital, organization Authority: Sec. 621, Foreign Assistance International Development. engaged exclusively in research or Act of 1961, as amended (22 U.S.C. 2381). scientific activities, church, synagogue, (p) U.S. Private Voluntary Organization (U.S. PVO) means an mosque or other similar entities \ u 0 0 a 7 203.1 Purpose. entity that: organized primarily for religious (a) USAID registers PVOs to: (1) Is organized under the laws of the purposes; and United States and headquartered in the (1) Meet statutory and regulatory (4) Conducts, or anticipates United States; requirements that a U.S. PVO be conducting, program activities in one or registered with USAID as a condition for more countries other than its country of (2) Is a nongovernmental organization USAID funding. origin that are consistent with the (NGO) that solicits and receives cash VerDate jul<14>2003

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program activities that are consistent Web site http://www.usaid.gov contributions from the U.S. general with the general purposes of the Foreign Keyword: PVO Registration. The public; (3) Is a charitable organization in that Assistance Act and/or Public Law 480. completed application must include: it is nonprofit and exempt from Federal (e) Condition No. 5 (Board of (1) A cover letter with (i) The reason for applying for income taxes under section 501(c)(3) ofDirectors). Has a governing body: registration; and the Internal Revenue Code, and is not a (1) That meets at least annually; (ii) A description of current or university, college, accredited degree- (2) Whose members do not receive any form of income for serving on the intended overseas program activities; granting institution of education, private (2) Articles of incorporation on state board; and foundation, hospital, organization letterhead with state seal and established by a major political party in (3) Whose majority is not composed of authorizing state official\u2019s signature; the PVO\u2019s officers or staff members. the United States, organization (3) Bylaws establishing the applicant\u2019s established, funded and audited by the (f) Condition No. 6 (Financial corporate structure; U.S. Congress, organization engaged Viability). That it: (4) IRS Form 990 and a copy of an IRS (1) Accounts for its funds in exclusively in research or scientific with generally accepted letter of tax exemption; activities, church, synagogue, mosque accordance or (5) Audited financial statements for other similar entity organized primarilyaccounting principles (GAAP); the most recent fiscal year prepared on (2) Has a sound financial position; for religious purposes; and an accrual basis in accordance with (3) Provides its financial statements to (4) Conducts, or anticipates generally accepted accounting the public upon request; and conducting, overseas program activities (4) Has been incorporated for not less principles (GAAP) by an independent that are consistent with the general than 18 months. certified public accountant (CPA); an purposes of the Foreign Assistance Act (g) Condition No. 7 (Program Office of Management and Budget and/or Public Law 480. Activities vs. Supporting Services). That(OMB) Circular A\u2013133 audit, if \ u 0 0 a 7 203.3 U.S. PVO conditions of it: applicable; registration. (1) Expends and distributes its funds (6) Annual report or similar document There are eight Conditions of in accordance with the annual report of that describes overall program activities Registration for U.S. organizations. Theprogram activities; for the same year as the audit, including first four Conditions relate to whether (2) Does not expend more than 40 a list of board members; an organization meets the definition of percent of total expenses on supporting (7) AID Form 1550\u20132, PVO Annual a U.S. PVO, as set forth in \u00a7 203.2 services. (p), Return; and while the last four Conditions establish (3) In order to maintain its (8) AID Form 200\u20131, PVO standards by which the U.S. PVO is registration, conducts international Classification Form. evaluated. program activities within the last three (b) In addition, each applicant must An applicant must be registered withyears. For example, if a U.S. PVO did submit such other information as USAID as a U.S. PVO if USAID finds not have any international activities forUSAID may reasonably require to that the applicant has satisfied all of the 2004, the current year, or 2003, but diddetermine whether the organization following Conditions: have activities in 2002, then it would meets the Conditions of Registration. (a) Condition No. 1 (U.S. based). Is remain registered. However, if it did not (c) USAID may revise this list of U.S. based in that it: have any international activities in documents from time to time. (1) Is organized under the laws of the2005, USAID would remove it from the (d) Other USAID officials may request United States; and Registry in 2006 because for the information similar to that submitted (2) Has its headquarters in the United previous three years (2003, 2004, 2005), under these regulations for other States. it did not conduct any international purposes; for example, to determine an (b) Condition No. 2 (Private). Is a activities. organization\u2019s eligibility for a particular nongovernmental organization (NGO) grant or cooperative agreement. (h) Condition No. 8 (General and solicits and receives cash Eligibility). It is not: (e) The completed application must contributions from the U.S. general be sent in duplicate to the USAID (1) Suspended or debarred by an public. Registrar, Office of Private Voluntary agency of the U.S. Government; (c) Condition No. 3 (Voluntary). Is a (2) Designated as a foreign terrorist Cooperation\u2014American Schools & charitable organization in that it: organization by the Secretary of State,Hospitals Abroad, 1300 Pennsylvania (1) Is nonprofit and exempt from pursuant to Section 219 of the Avenue, NW., Washington, DC 20523\u2013 Federal income taxes under Section Immigration and Nationality Act, as 7600. 501(C)(3) of the Internal Revenue Code; amended; or \ u 0 0 a 7 203.5 U.S. PVO annual documentation and (3) The subject of a decision by the requirements. (2) Is not a university, college, Department of State to the effect that accredited degree-granting institution registration of or a financial relationship (a) To maintain its registration, each education, private foundation, hospital,between USAID and the organization isregistered PVO must submit documents and forms annually. The submission organization established by a major contrary to the national defense, instructions and forms packet are political party in the United States, national security, or foreign policy available at USAID Web site organization established, funded and interests of the United States. www.usaid.gov Keyword: PVO audited by the U.S. Congress, \ u 0 0 a 7 203.4 U.S. PVO initial documentationRegistration. The completed submission organization engaged exclusively in research or scientific activities, church,requirements. must include: (a) So that USAID can determine (1) Audited financial statements for synagogue, mosque or other similar the most recent fiscal year prepared on entity organized primarily for religiouswhether an applicant meets the Conditions of Registration, an an Accrual basis in accordance with purposes. application must be submitted in GAAP by an independent CPA; an OMB (d) Condition No. 4 (Overseas Program Activities). Conducts, or duplicate. The application instructions Circular A\u2013133 audit, if applicable; or and forms packet are available at USAID unaudited financial statements if total anticipates conducting, overseas VerDate jul<14>2003

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Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Rules and Regulations25469 (1) Is nonprofit and tax exempt under (2) Designated as a foreign terrorist Support and revenue is less than the laws of its country of domicile and organization by the Secretary of State, $50,000. pursuant to Section 219 of the (2) Annual report or similar document operation; Immigration and Nationality Act, as that describes overall program activities (2) Is not a university, college, of or for the same year as the audit, including accredited degree-granting institution amended; education, private foundation, hospital, (3) The subject of a decision by the a list of board members; Department of State to the effect that (3) AID Form 1550–2, PVO Annual organization engaged exclusively in research or scientific activities, church,registration or a financial relationship Return; and synagogue, mosque or other similar between USAID and the organization is (4) AID Form 200–1, PVO entity organized primarily for religiouscontrary to the national defense, Classification Form. national security, or foreign policy purposes; and (b) PVOs also must submit any interests of the United States. (3) Is not recognized as a Public amendments, if applicable, to its articles International Organization according to of incorporation, or bylaws and any § 203.7 IPVO initial documentation USAID’s ADS 308.3. changes in the tax-exempt status. requirements. (d) Condition No. 4 (International (c) Submission is due within six (a) So that USAID can determine Program Activities). Conducts, or months after the close of the PVO’s whether an applicant meets the fiscal year if the PVO does not prepare anticipates conducting, program Conditions of Registration, an activities in one or more countries other an OMB Circular A–133 audit. application must be submitted in than its country of origin and that are (d) Submission is due within nine duplicate and in English. The consistent with the general purposes of months after the close of the PVO’s application instructions and forms fiscal year if the PVO does prepare an the Foreign Assistance Act and/or packet are available at USAID Web site Public Law 480. OMB Circular A–133 audit. http://www.usaid.gov Keyword: PVO (e) In addition, each registrant must (e) Condition No. 5 (Board of Registration. The completed application Directors). Has a governing body: submit such other information as must include: (1) That meets at least annually; USAID may reasonably require to (1) A cover letter with (2) Whose members do not receive (i) The reason for applying for determine that the organization any form of income for serving on the registration; and continues to meet the Conditions of board; and (ii) A description of current or Registration. (3) Whose majority is not composed of intended program activities abroad; (f) USAID may revise this list of the IPVO’s officers or staff members. (2) Articles of incorporation or charter documents from time to time. (f) Condition No. 6 (Financial establishing the IPVO’s legal status (g) Other USAID officials may request Viability). That it: under the laws of the country in which information similar to that submitted (1) Accounts for its funds in it is domiciled; under these regulations for other accordance with generally accepted (3) Bylaws or other documents purposes; for example, to determine the accounting principles (GAAP) or establishing the applicant’s corporate PVO’s eligibility for a particular grant or generally accepted accounting standards structure; cooperative agreement. of IPVO’s country of domicile. (4) Statement of tax exemption or a (h) The completed submission must (2) Has a sound financial position; comparable document from the country be sent annually to the USAID Registrar, (3) Provides its financial statements to of its origin; Office of Private Voluntary the public upon request; and (5) Audited financial statements for Cooperation—American Schools & (4) Has been incorporated for not less the most recent fiscal year prepared on Hospitals Abroad, 1300 Pennsylvania than 18 months. an accrual basis in accordance with Avenue, NW., Washington, DC 20523– (g) Condition No. 7 (Program generally accepted accounting 7600. Activities vs. Supporting Services). Thatprinciples (GAAP) or generally accepted it: accounting standards for IPVO’s country § 203.6 IPVO conditions of registration. (1) Expends and distributes its funds of domicile by an independent certified There are eight Conditions of in accordance with the annual report of public accountant (CPA) and in U.S. Registration for international program activities; organizations. The first four Conditions (2) Does not expend more than 40 dollars; (6) Annual report or similar document relate to whether an organization meets percent of total expenses on supportingthat describes overall program activities the definition of an IPVO, as set forth inservices; and for the same year as the audit, including § 203.2(e), while the last four Conditions (3) In order to maintain its a list of board members; establish standards by which the IPVO registration, conducts international (7) International Executive Contact is evaluated. An applicant must be program activities within the last threeData Sheet; and registered with USAID as an IPVO if years. For example, if an IPVO did not (8) AID Form 200–1, PVO USAID finds that the applicant has have any international activities for Classification Form. satisfied all of the following Conditions:2004, the current year, or 2003, but did (b) In addition, each applicant must (a) Condition No. 1 (Non-U.S based). have activities in 2002, then it would submit such other information as Is non-U.S. based in that it: remain registered. However, if it did not USAID may reasonably require to (1) Is organized under the laws of thehave any international activities in determine whether the organization country in which it is domiciled; and 2005, USAID would remove it from themeets the Conditions of Registration. (2) Has its headquarters in the same Registry in 2006 because for the (c) USAID may revise this list of country. previous three years (2003, 2004, 2005), documents from time to time. (b) Condition No. 2 (Private). Is a (d) Other USAID officials may request it did not conduct any international nongovernmental organization (NGO) activities. information similar to that submitted and solicits and receives cash under these regulations for other (h) Condition No. 8 (General contributions from the general public. Eligibility). It is not: purposes; for example, to determine an organization’s eligibility for a particular (c) Condition No. 3 (Voluntary). Is a (1) Suspended or debarred by an grant or cooperative agreement. charitable organization in that it: agency of the U.S. Government; VerDate jul<14>2003

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(b) Reconsideration. Within 30 days Registry at www.usaid.gov Keyword: after receipt of a denial notification an Registry and will continue to be eligible organization may request that its for assistance that is otherwise available application be reconsidered. USAID will to registered U.S. PVOs. In order to be consider the request and inform the listed in the Registry as a CDO, the CDO applicant in writing of USAID’s must comply with the annual subsequent decision. documentation requirements of § 203.5. A CDO applying for registration or (c) Resubmission . An organization § 203.8 IPVO annual documentation registered under this part as a U.S. PVO may at any time submit a new requirements. must comply with the requirements of application for registration. (a) To maintain its registration, each this part. registered IPVO must submit documents § 203.10 Termination of registration. and forms, in English, annually. The (a) Reasons. USAID may terminate § 203.13 Delegation of authority. submission instructions and forms registration for any of the following The Administrator of USAID or his/ packet are available at USAID Web sitereasons if the registrant: her designee may delegate authority to www.usaid.gov Keyword: PVO the Assistant Administrator of the (1) Relinquishes its registration status Registration. The completed submission Bureau for Democracy, Conflict and voluntarily upon written notice to must include: Humanitarian Assistance to administer USAID; (1) Audited financial statements for the registration process and, in (2) Fails to comply with the the most recent fiscal year prepared ondocumentation requirements or the particular, the authority to waive, an accrual basis in accordance with withdraw, or amend any or all of the Conditions of Registration; GAAP or generally accepted accounting provisions within this part. (3) Uses promotional material or standards for IPVO’s country of advertisements suggesting that its Dated: May 5, 2005. domicile by an independent CPA; or USAID registration is an endorsement;Mary Newton, unaudited financial statements if total or Registrar, Private Voluntary Cooperation support and revenue is less than (4) Refuses to transfer to USAID any American Schools & Hospitals Abroad, $50,000 in U.S. dollars; Bureau for Democracy, Conflict and (2) Annual report or similar document records, documents, copies of such that describes overall program activitiesrecords or documents, or information Humanitarian Assistance. [FR Doc. 05–9544 Filed 5–12–05; 8:45 am] for the same year as the audit, including referred to in this regulation and within the registrant’s control within a BILLING CODE 6116–01–P a list of board members; (3) International Executive Contact reasonable time after USAID request them. Data Sheet; and (b) Notification of termination of (4) AID Form 200–1, PVO registration. Termination by USAID will PENSION BENEFIT GUARANTY Classification Form. include written notice to the registrantCORPORATION (b) IPVOs also must submit any stating the grounds for the termination. amendments, if applicable, to its articles 29 CFR Parts 4022 and 4044 of incorporation, charter, or bylaws and (c) Reconsideration. Within 30 days any changes in the tax-exempt status. after receipt of a termination Benefits Payable in Terminated Singlenotification an organization may request (c) Submission is due within six Employer Plans; Allocation of Assets months after the close of the IPVO’s that its termination be reconsidered. in Single-Employer Plans; Interest USAID will consider the request and Assumptions for Valuing and Paying fiscal year. (d) In addition, each registrant must inform the registrant in writing of Benefits submit such other information as USAID’s subsequent decision. In USAID may reasonably require to addition, USAID may, at its own AGENCY: Pension Benefit Guaranty determine that the organization discretion, reconsider a termination of Corporation. continues to meet the Conditions of registration at any time. ACTION: Final rule. Registration. (d) Resubmission. An organization (e) USAID may revise this list of may at any time submit a new SUMMARY: The Pension Benefit Guaranty documents from time to time. application for registration. Corporation’s regulations on Benefits (f) Other USAID officials may request Payable in Terminated Single-Employer information similar to that submitted § 203.11 Access to records and Plans and Allocation of Assets in communications. under these regulations for other Single-Employer Plans prescribe interest purposes; for example, to determine the (a) All records, reports, and other assumptions for valuing and paying IPVO’s eligibility for a particular grant documents that are made available to benefits under terminating singleUSAID pursuant to this regulation mustemployer plans. This final rule amends or cooperative agreement. (g) The completed submission must be made available for public inspectionthe regulations to adopt interest and copying, pursuant to the Freedom assumptions for plans with valuation be sent annually in English to the of Information Act and other applicabledates in May 2005. Interest assumptions USAID Registrar, Office of Private laws. Voluntary Cooperation—American are also published on the PBGC’s Web Schools & Hospitals Abroad, 1300 (b) Communications from USAID willsite (http://www.pbgc.gov). Pennsylvania Avenue, NW., only be sent to the applicant’s or EFFECTIVE DATE: June 1, 2005. Washington, DC 20523–7600. registrant’s headquarters. FOR FURTHER INFORMATION CONTACT: § 203.9 Denial of registration. § 203.12 Cooperative Development Catherine B. Klion, Attorney, Legislative Organizations (CDOs). and Regulatory Department, Pension (a) Notification of denial of registration. Denial of registration by CDOs are not PVOs for purposes of Benefit Guaranty Corporation, 1200 K USAID will include written notice to registration under this part. CDOs as Street, NW., Washington, DC 20005, part of the larger PVO community will 202–326–4024. (TTY/TDD users may the applicant stating the grounds for the continue to be listed in the U.S. PVO call the Federal relay service toll-free at denial. (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.



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