[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR228.53]

[Page 1047]
 
                       TITLE 22--FOREIGN RELATIONS
 
            CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT
 
PART 228_RULES ON SOURCE, ORIGIN AND NATIONALITY FOR COMMODITIES 
AND SERVICES FINANCED BY USAID--Table of Contents
 
                            Subpart F_Waivers
 
Sec. 228.53  Suppliers of services--privately owned commercial suppliers 
and nonprofit organizations.

    Waiver criteria. Any waiver must be based upon one of the criteria 
listed in this section. Waivers to Geographic Code 899 or Code 935 which 
are justified under paragraph (b) or (c) of this section may only be 
authorized on a case-by-case basis. A waiver may be authorized when:
    (a) Services required for assistance are of a type that are not 
available for purchase in the United States; in addition, for waivers to 
any country or Geographic Code beyond Code 941 and the cooperating 
country, the services are of a type that are not available for purchase 
in any country in Code 941 or the cooperating country.
    (b) It is necessary to permit procurement in a country not otherwise 
eligible in order to meet unforeseen circumstances, such as emergency 
situations.
    (c) It is necessary to promote efficiency in the use of United 
States foreign assistance resources, including to avoid impairment of 
foreign assistance objectives.
    (d) For waivers to authorize procurement from Geographic Code 941 or 
the cooperating country:
    (1) There is an emergency requirement for which non-USAID funds are 
not available and the requirement can be met in time only from suppliers 
in a country or area not included in the authorized geographic code.
    (2) No suppliers from countries or areas included in the authorized 
geographic code are able to provide the required services.
    (3) Persuasive political considerations.
    (4) Procurement of locally available services would best promote the 
objectives of the foreign assistance program.
    (5) Such other circumstances as are determined to be critical to the 
achievement of project objectives.

[61 FR 53616, Oct. 15, 1996, as amended at 63 FR 38752, July 20, 1998]