Page:United States Statutes at Large Volume 104 Part 5.djvu/330

 104 STAT. 3652 PUBLIC LAW 101-624—NOV. 28, 1990 provision of purchasing or shipping agent services by the Secretary or the Corporation, including the establishment of fees for such services. Any such fees shall be fair and reasonable in relation to the services performed and shall be available as reimbursement for costs incurred in providing such services. "(B) PROHIBITION ON COMMISSIONS. — Commissions, fees, or other payments to any selling agent or to any agent of a purchaser shall be prohibited in the purchase of agricultural commodities that are financed under this Act. "(3) LIMITATIONS.— No commission, fees, or other payments to an agent, broker, consultant, or other representative of the importer or importing country for ocean transportation brokerage services in connection with the carriage of commodities provided under this Act may— "(A) be paid in excess of an amount determined appropriate by the Secretary; and "(B) be shared by such person with the importer or importing country or any agent thereof. "(4) AVOIDANCE OF CONFUCT OF INTEREST. — A person may not be an agent, broker, consultant, or other representative of the United States Government, an importer, or an importing country in connection with agricultural commodities provided under tlus Act during a fiscal year in which such person acts as an agent, broker, consultant, or other representative if the person is engaged in providing ocean transportation-related services for such commodities. For the purpose of this paragraph, the term 'transportation-related services' means lightening, stevedoring, bagging, or inland transportation to the destination point. " (d) TITLE II AND III PROGRAM. — "(1) ACQUISITION.—The Administrator shall transfer, arrange for the transportation, and take other steps necessary to msike available agricultural commodities to be provided under title II and title III. "(2) FULL AND OPEN COMPETITION. — No purchase of agricultural commodities from private stocks or purchase of ocean trgmsportation services by the United States Government shall be financed under titles II and III unless such purchases are made on the basis of full and open competition utilizing such procedures as are determined necessary and appropriate by the Administrator. "(3) AVOIDANCE OF CONFLICT OF INTEREST.— Freight agents employed by the Agency for International Development under titles II and III shall not represent any other foreign government during the period of their contract with the United States Government. "(4) OCEAN TRANSPORTATION SERVICES. —Notwithstanding any provision of the Federal Property Act of 1949, as amended, or other similar provisions relating to the making or performance of Federal Government contracts, the Administrator may procure ocean trsinsportation services under this Act under such full and open competitive procedures as the Administrator determines are necessary and appropriate. "(e) TIMING OF SHIPMENTS. —In determining the timing of the shipment of agricultural commodities to be provided under this Act, the Secretary or the Administrator, as appropriate, shall consider—

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