TITLE 7 - AGRICULTURE

SUBTITLE B - REGULATIONS OF THE DEPARTMENT OF AGRICULTURE

CHAPTER XIV - COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE

SUBCHAPTER C - EXPORT PROGRAMS

PART 1488 - FINANCING OF SALES OF AGRICULTURAL COMMODITIES

subpart a - FINANCING OF EXPORT SALES OF AGRICULTURAL COMMODITIES FROM PRIVATE STOCKS UNDER CCC EXPORT CREDIT SALES PROGRAM (GSM - 5)

1488.10 - Evidence of entry into country of destination.

  (a) Commodities exported under a financing agreement must enter the destination country specified in the financing agreement.

  (b) For a financing agreement under which the financing period is in excess of 12 months, within 90 days, or such extension of time as may be granted in writing by the Assistant Sales Manager, following shipment from the United States of any agricultural commodity exported under the financing agreement, the exporter shall furnish to the office specified in 1488.22, documentary evidence verifying entry of the commodity into the country of destination specified in the financing agreement. The documentary evidence must: (1) Identify the agricultural commodity (or permit identification through supplementary documents also furnished) as that exported under the financing agreement, (2) State the quantity and date of entry of the commodity into the destination country, and (3) Be signed by (i) a customs official of the destination country, or (ii) the importer, or (iii) a representative of an independent superintending or controlling firm.

  (c) When the commodity enters the country of destination in bond, a statement by the importer will be acceptable which: (1) Identifies the commodity as that exported under the financing agreement, (2) States the quantity of the commodity entered under bond and date of entry into the destination country, and (3) Certifies that the commodity will be withdrawn from bonded storage at a later date for consumption in the destination country.

  (d) If the evidence of entry is in other than the English language, the exporter shall also provide an English translation thereof.

  (e) Failure to furnish, within the time specified, evidence of entry of the commodity into the country of destination shall constitute prima facie evidence of failure to enter or to cause the entry of the commodity into such country as required. In such case, the financing agreement may be terminated by the Assistant Sales Manager, and if full payment under the bank obligation or account receivable has not yet been received, the bank obligation and the account receivable shall at the option of CCC, become due and payable and liquidated damages shall be payable in accordance with 1488.11. The remedy herein provided shall not be exclusive of other rights available to the Federal government if the commodity enters a country other than that specified in the financing agreement.