[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR722.170]



[Page 29-30]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

             CHAPTER 7--AGENCY FOR INTERNATIONAL DEVELOPMENT

 

PART 722_APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION--Table of 

Contents

 

                   Subpart 722.1_Basic Labor Policies

 

Sec. 722.170  Employment of third country nationals (TCN's) and cooperating 

country nationals (CCN's).



    (a) General. It is USAID policy that cooperating country nationals 

(CCN's) and third country nationals (TCN's), who are hired abroad for 

work in a cooperating country under USAID-direct contracts, generally be 

extended the same benefits, and be subject to the same restrictions as 

TCN's and CCN's employed as direct hires by the USAID Mission. 

Exceptions to this policy may be granted either by the Mission Director 

or the Assistant Administrator having program responsibility for the 

project. (TCN's and CCN's who are hired to work in the United States 

shall be extended benefits and subject to restrictions on the same basis 

as U.S. citizens who work in the United States.)

    (b) Compensation. Compensation, including merit or promotion 

increases paid to TCN's and CCN's may not, without the approval of the 

Mission Director or the Assistant Administrator having program 

responsibility for the project, exceed the prevailing compensation paid 

to personnel performing comparable work in the cooperating country as 

determined by the USAID Mission. Unless otherwise authorized by the 

Mission Director or the Assistant Administrator having program 

responsibility for the project, the compensation of such TCN and CCN 

employees shall be paid in the currency of the cooperating country.

    (c) Allowances and differentials. TCN's and CCN's, hired abroad for 

work in a cooperating country, are not eligible for allowances or 

differentials under USAID-direct contracts, unless authorized by the 

Mission Director or the Assistant Administrator having program 

responsibility for the project.

    (d) Country and security clearances. The contractor shall insure 

that the



[[Page 30]]



necessary clearances, including security clearances, if required, have 

been obtained for TCN and CCN employees in accordance with any such 

requirements set forth in the contract or required by the USAID Mission, 

prior to the TCN or CCN starting work under the contract.

    (e) Physical fitness. Contractors are required to insure that 

prospective TCN and CCN employees are examined prior to employment to 

determine whether the prospective employee meets the minimum physical 

requirements of the position and is free from any contagious disease.

    (f) Workweek, holidays, and leave. The workweek, holidays, and leave 

for TCN and CCN employees shall be the same as for all other employees 

of the contractor, under the terms of the contract; however, TCN and CCN 

employees are not eligible for home leave or military leave unless 

authorized by the Mission Director or the Assistant Administrator having 

program responsibility for the project.

    (g) Travel and transportation for TCN's and CCN's. Travel and 

transportation shall be provided TCN and CCN employees on the same basis 

as for all other employees of the contractor, under the terms of the 

contract.

    (h) Household effects and motor vehicles. USAID will not provide 

household effects to TCN and CCN employees; such employees may ship 

their household effects and motor vehicles to their place of employment 

on the same basis as for all other employees of the contractor, under 

the terms of the contract unless they are residents of the cooperating 

country.