82 FR 40614 - Memorandum of Agreement Between the U.S. Department of State Bureau of Consular Affairs and Intercountry Adoption Accreditation and Maintenance Entity, Inc.
DEPARTMENT OF STATE Federal Register Volume 82, Issue 164 (August 25, 2017)
Federal Register Volume 82, Issue 164 (August 25, 2017)
| Page Range | 40614-40617 | |
| FR Document | 2017-18040 |
[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)] [Notices] [Pages 40614-40617] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18040] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE [Public Notice: 10089] Memorandum of Agreement Between the U.S. Department of State Bureau of Consular Affairs and Intercountry Adoption Accreditation and Maintenance Entity, Inc. AGENCY: Department of State. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of State (the Department) is the lead Federal agency for implementation of the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention), the Intercountry Adoption Act of 2000 (IAA), and the Intercountry Adoption Universal Accreditation Act of 2012 (UAA). Among other things, the IAA and UAA give the Secretary of State responsibility, by entering into agreements with one or more qualified entities and designating such entities as accrediting entities, for the accreditation of agencies and approval of persons to provide adoption services in intercountry adoptions. This notice is to inform the public that on July 28, 2017, the Department entered into an agreement with Intercountry Adoption Accreditation and Maintenance Entity, Inc. (IAAME), designating IAAME as an accrediting entity (AE) for five years. The text of the Memorandum of Agreement is included in its entirety at the end of this Notice. FOR FURTHER INFORMATION CONTACT: Kjersti Olson, 202-485-6229. Hearing or speech-impaired persons may use the Telecommunications Devices for the Deaf (TDD) by contacting the Federal Information Relay Service at 1-800-877-8339. SUPPLEMENTARY INFORMATION: The Department, pursuant to section 202(a) of the IAA, must enter into an agreement with at least one qualified entity and designate it as an accrediting entity. Accrediting entities may be (1) nonprofit private entities with expertise in developing and administering standards for entities providing child welfare services; or (2) state adoption licensing bodies that have expertise in developing and administering standards for entities providing child welfare services and that accredit only agencies located in that state. Both nonprofit accrediting entities and state accrediting entities must meet any other criteria that the Department may by regulation establish. IAAME is a nonprofit private entity with expertise in developing and administering standards for entities providing child welfare services. The final rule on accreditation of agencies and approval of persons (22 CFR part 96) was published in the Federal Register (71 FR 8064- 8066, February 15, 2006) and became effective on March 17, 2006. The final rule establishes the regulatory framework for the accreditation and approval function and provides the standards that the designated accrediting entities will follow in accrediting or approving adoption service providers. Under the UAA, adoption service providers working with prospective adoptive parents in non-Convention adoption cases need to comply with the same accreditation requirement and standards that apply in Convention adoption cases. Theodore ``Ted'' R. Coley, Director, Office of Children's Issues, Overseas Citizen Services, Bureau of Consular Affairs. MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF STATE BUREAU OF CONSULAR AFFAIRS AND INTERCOUNTRY ADOPTION ACCREDITATION AND MAINTENANCE ENTITY, INC. Parties & Purpose of the Agreement The Department of State, Bureau of Consular Affairs (Department), and Intercountry Adoption Accreditation and Maintenance Entity, Inc. (IAAME), with its principal office located at 5950 NW 1st Place, Suite A Gainesville, FL 32607, hereinafter the ``Parties,'' are entering into this agreement for the purpose of designating IAAME as an accrediting entity under the Intercountry Adoption Act of 2000 (IAA), Public Law 106-279, and 22 CFR part 96. Authorities The Department enters into this agreement pursuant to Sections 202 and 204 of the IAA, 22 CFR part 96, and Delegation of Authority 261. IAAME has full authority to enter into this MOA pursuant to a resolution passed by the Board of Directors of Partnership for [[Page 40615]] Strong Families, Inc. dated June 26, 2017, which resolution authorizes the creation of IAAME and Stephen Pennypacker as its President & CEO to execute this agreement on behalf of IAAME. Definitions For purposes of this memorandum of agreement, terms used here that are defined in 22 CFR 96.2 shall have the same meaning as they have in 22 CFR 96.2. The Parties AGREE AS FOLLOWS: Article 1 Designation of the Accrediting Entity The Department hereby designates IAAME as an accrediting entity and thereby authorizes it to accredit agencies and approve persons to provide adoption services in intercountry adoption cases, in accordance with the procedures and standards set forth in 22 CFR part 96, and to perform all of the accrediting entity functions set forth in 22 CFR 96.7(a). Article 2 Responsibilities of the Accrediting Entity 1) IAAME agrees to perform all accrediting entity functions set forth in 22 CFR 96.7(a) and to perform its functions in accordance with the Convention, the IAA, the Intercountry Adoption Universal Accreditation Act of 2012 (UAA), Public Law 112-276, Part 96 of 22 CFR, and any other applicable regulations, and as additionally specified in this agreement. In performing these functions, IAAME will operate under policy direction from the Department regarding U.S. obligations under the Convention and regarding the functions and responsibilities of an accrediting entity under the IAA, UAA, and any other applicable regulations. 2) IAAME will take appropriate staffing, funding, and other measures to allow it to carry out all of its functions and fulfill all of its responsibilities, and will use the adoptions tracking system and the Complaint Registry (ATS/CR) as directed by the Department, including by updating required data fields in a timely fashion. 3) In carrying out its accrediting entity functions IAAME will: a) make decisions on accreditation and approval in accordance with the procedures set forth in 22 CFR part 96 and using only the standards in subpart F of 22 CFR part 96 and the substantial compliance weighting system approved by the Department pursuant to para.5, Article 3 below; b) charge applicants for accreditation or approval only fees approved by the Department pursuant to para. 4, Article 3 below; c) review complaints, including complaints regarding conduct alleged to have occurred overseas, in accordance with subpart J of 22 CFR part 96 and the additional procedures approved by the Department pursuant to paragraphs 3 c) and 3 d) in Article 3, below. IAAME will exercise its discretion in determining which methods are most appropriate to review complaints regarding conduct alleged to have occurred overseas. This may, when appropriate, include a referral to the Department and/or other appropriate law enforcement authorities for potential investigation of complaints relating to possible civil or criminal violation of IAA section 404 or other possible criminal activity; d) take adverse actions against accredited agencies and approved persons in accordance with subpart K of 22 CFR part 96, and cooperate with the Department in any case in which the Department considers exercising its adverse action authorities because the accrediting entity has failed or refused after consultation with the Department to take what the Department considers to be appropriate enforcement action; e) assume full responsibility for defending adverse actions in court proceedings, if challenged by the adoption service provider or the adoption service provider's board or officers; f) refer an adoption service provider to the Department for debarment if, but only if, it concludes after review that the adoption service provider's conduct meets the standards for action by the Secretary set out in 22 CFR 96.85; g) promptly report any change in the accreditation or approval status of an adoption service provider to the relevant state licensing authority; h) maintain and use only the required procedures approved by the Department and those procedures presented to the Department pursuant to Article 3 of this agreement whenever they apply; i) consult with the Department, when needed, to solicit greater clarity regarding the meaning of relevant laws and regulations. Article 3 Training, Procedures, and Fees 1) Accreditation Materials and Training: In coordination with the Department and any other designated accrediting entities, IAAME will: a) maintain forms, training materials, and evaluation practices; b) assist in conducting or participate in any joint training sessions; c) develop and maintain resources to assist applicants for accreditation and approval in achieving substantial compliance with the applicable standards. 2) Internal Review Procedure: IAAME will maintain procedures that have been approved by the Department and use these procedures to determine whether to terminate adverse actions against an accredited agency or approved person on the grounds that the deficiencies necessitating the adverse action have been corrected. 3) Other Procedures: IAAME will maintain procedures approved by the Department and update these, subject to the Department's approval, as needed: a) to evaluate whether a candidate for accreditation meets the applicable eligibility requirements set forth in 22 CFR part 96; b) to carry out its monitoring duties; c) to review complaints or information referred to it through the Complaint Registry or from the Department directly; d) to review complaints that it receives about its own actions as an accrediting entity for adoption service providers; e) to make the public disclosures required by 22 CFR 96.91; and f) to ensure the reasonableness of charges for the travel and maintenance of its site evaluators, such as for travel, meals, and accommodations, which charges shall be in addition to the fees charged under 22 CFR 96.8. 4) Fee Schedule: a) IAAME will maintain a fee schedule for accreditation and approval services that meets the requirements of 22 CFR 96, and update these, subject to approval by the Department. Fees will be set based on the principle of recovering no more than the full cost, as defined in OMB Circular A-25 paragraph 6(d)(1), of accreditation and approval services. IAAME will maintain a fee schedule developed using this methodology together with comprehensive documentation, and will provide justification of the proposed fees to the Department for the Department's approval. b) The approved fee schedule can be amended with the approval of the Department. 5) Substantial Compliance Weighting Systems: a) IAAME will maintain and update a substantial compliance weighting system as described in 22 CFR 96 and as approved by the Department. [[Page 40616]] b) In maintaining the systems described in paragraph (a) of this section, IAAME will coordinate with any other accrediting entities, and consult with the Department to ensure consistency between the systems used by accrediting entities. These systems can be amended with the approval of the Department. Article 4 Data Collection, Reporting and Records 1) Adoptions Tracking System/Complaint Registry (ATS/CR): a) IAAME will maintain and fund a computer and internet connection for use with the ATS/CR that meets system requirements set by the Department; b) The Department will provide software or access tokens needed by individuals for secure access to the ATS/CR and facilitate any necessary training for use of the ATS/CR. 2) Annual Report: IAAME will report on dates agreed upon by the Parties, in a mutually agreed upon format, the information required in 22 CFR 96.93 as provided in that section through ATS/CR. 3) Additional Reporting: IAAME will provide any additional status reports or data as required by the Department, and in a mutually agreed upon format. 4) Accrediting Entity Records: IAAME will retain all records related to its accreditation functions and responsibilities in printed or electronic form in accordance with the electronic recordkeeping policy that applies to Federal acquisition contracts under Federal Acquisition Regulation 4.703 for a minimum of 3 years after the termination of IAAME's designation as an accrediting entity, or until any litigation, claim, or audit related to the records filed or noticed within its period of designation is finally terminated, whichever is later. Article 5 Department Oversight and Monitoring 1) To facilitate oversight and monitoring by the Department, IAAME will: a) provide copies of its forms and other materials to the Department and give Department personnel the opportunity to participate in any training sessions for its evaluators or other personnel; b) allow the Department to inspect all records relating to its accreditation functions and responsibilities and provide to the Department copies of such records as requested or required for oversight, including to evaluate renewal or maintenance of the accrediting entity's designation, and for purposes of transferring adoption service providers to another accrediting entity; c) submit to the Department by a date agreed upon by the Parties an annual declaration signed by the President and Chief Executive Officer confirming that IAAME is complying with the IAA, UAA, 22 CFR part 96, any other applicable regulations, and this agreement in carrying out its functions and responsibilities; d) make appropriate senior-level officers available to attend a yearly performance review meeting with the Department; e) immediately report to the Department events that have a significant impact on its ability to perform its functions and responsibilities as an accrediting entity, including financial difficulties, changes in key personnel or other staffing issues, legal or disciplinary actions against the organization, and conflicts of interest; f) notify the Department of any requests for information relating to its role as an accrediting entity under the IAA and UAA or Department functions or responsibilities that it receives from Central Authorities of other countries that are party to the Convention, or any other competent authority (except for routine requests concerning accreditation, temporary accreditation, or approval status or other information publicly available under subpart M of Part 96), and consult with the Department before releasing such information; g) consult immediately with the Department about any issue or event that may affect compliance with the IAA, UAA, or U.S. compliance with obligations under the Convention. 2) Departmental Approval Procedures: In all instances in which the Department must approve a policy, system, fee schedule, or procedure before IAAME can bring it into effect or amend it, IAAME will submit the policy, system, fee schedule, or procedure or amendment in writing to the Department's AE Liaison via email where possible. The AE Liaison will coordinate the Department's approval process and arranging any necessary meetings or telephone conferences with IAAME. Formal approval by the Department will be expeditiously conveyed in writing by the Deputy Assistant Secretary for Overseas Citizens Services or her or his designee. 3) Suspension or Cancellation: When the Department is considering suspension or cancellation of IAAME's designation: a) the Department will notify IAAME in writing of the identified deficiencies in its performance and the time period in which the Department expects correction of the deficiencies; b) IAAME will respond in writing to either explain the actions that it has taken or plans to take to correct the deficiencies or to demonstrate that the Department's concerns are unfounded within 10 business days; c) upon request, the Department also will meet with the accrediting entity by teleconference or in person; d) if the Department, in its sole discretion, is not satisfied with the actions or explanation of IAAME, it will notify IAAME in writing of its decision to suspend or cancel IAAME's designation and this agreement; e) IAAME will stop or suspend its actions as an accrediting entity as directed by the Department in the notice of suspension or cancellation, and cooperate with any Departmental instructions in order to transfer adoption service providers it accredits (including temporarily accredits) or approves to another accrediting entity, including by transferring fees collected by IAAME for services not yet performed. 4) IAAME will follow its procedures for reviewing complaints against IAAME received by the Department or referred to the Department because the complainant was not satisfied with IAAME's resolution of the complaint. These complaint procedures may be incorporated into the Department's general procedures for handling instances in which the Department is considering whether a deficiency in the accrediting entity's performance may warrant suspension or cancellation of its designation. Article 6 Other Issues Agreed By the Parties 1) Conflict of interest provisions: a) IAAME shall disclose to the Department the name of any organization of which it is a member that also has as members intercountry adoption service providers. IAAME shall demonstrate to the Department that it has procedures in place to prevent any such membership from influencing its actions as an accrediting entity and shall maintain and use these procedures. b) IAAME shall identify for the Department all members of its board of directors or other governing body, employees, and site evaluators who also serve as officers, directors, employees, or owners of adoption service providers or of membership organizations who have adoption service providers as members. IAAME shall demonstrate it [[Page 40617]] has procedures in place to ensure that any such relationships will not influence any accreditation or approval decisions, and shall maintain and use these procedures. c) IAAME shall disclose to the Department any other situation or circumstance that may create the appearance of a conflict of interest. 2) Liability: IAAME agrees to maintain sufficient resources to defend challenges to its actions as an accrediting entity, including by maintaining liability insurance for its actions as an accrediting entity brought by agencies and/or persons seeking to be accredited or approved or who are accredited or approved, and to inform the Department immediately of any events that may affect its ability to defend itself (e.g., change in or loss of insurance coverage, change in relevant state law). IAAME agrees that it will consult with the Department immediately if it becomes aware of any other legal proceedings related to its acts as an accrediting entity, or of any legal proceedings not related to its acts as an accrediting entity that may threaten its ability to continue to function as an accrediting entity. Article 7 Liaison Between the Department and the Accrediting Entity 1) IAAME's principal point of contact for communications relating to its functions and duties as an accrediting entity will be the Director of Intercountry Adoption Accreditation. The Department's principal point of contact for communication is the Accrediting Entity Liaison officer in the Office of Children's Issues, Office of Overseas Citizens Services, Bureau of Consular Affairs, U.S. Department of State. 2) The parties will keep each other currently informed in writing of the names and contact information for their principal points of contact. As of the signing of this Agreement, the respective principal points of contact are as set forth in Attachment 1. Article 8 Certifications and Assurances 1) IAAME certifies that it will comply with all requirements of applicable State and Federal law. Article 9 Agreement, Scope, and Period of Performance 1) Scope: a) This agreement is not intended to have any effect on any activities of IAAME that are not related to its functions as an accrediting entity for adoption service providers providing adoption services in intercountry adoptions. b) Nothing in this agreement shall be deemed to be a commitment or obligation to provide any Federal funds. c) All accrediting entity functions and responsibilities authorized by this agreement are to occur only during the duration of this agreement. d) Nothing in this agreement shall release IAAME from any legal requirements or responsibilities imposed on the accrediting entity by the IAA, UAA, 22 CFR part 96, or any other applicable laws or regulations. 2) Commencement of responsibilities: IAAME's responsibilities as an accrediting entity under Article 2 will commence upon approval by the Department of systems, procedures, and a fee schedule that, if applicable, are coordinated between IAAME and any other designated accrediting entity to ensure general consistency in accreditation systems and procedures, and general parity of fees; and, if applicable, determination by the Department of jurisdictional boundaries between IAAME and any other designated accrediting entity. 3) Duration: IAAME's designation as an accrediting entity and this agreement shall remain in effect for five years from signature, unless terminated earlier by the Department in conjunction with the suspension or cancellation of the designation of IAAME. The Parties may agree mutually in writing to extend the designation of the accrediting entity and the duration of this agreement. If either Party does not wish to renew the agreement, it must provide written notice no less than one year prior to the termination date, and the Parties will consult to establish a mutually agreed schedule to transfer adoption service providers to another accrediting entity, including by transferring a reasonable allocation of collected fees for the remainder of the accreditation or approval period of such adoption service providers. 4) Changed Circumstances: If unforeseen circumstances arise that will render IAAME unable to continue to perform its duties as an Accrediting Entity, IAAME will immediately inform the Department of State. The Parties will consult and make an effort to find a solution that will enable IAAME to continue to perform until the end of the contract period. If no such solution can be reached, the contract may be terminated on a mutually agreed date or, if mutual agreement cannot be reached, on not less than 14 months written notice from IAAME. 5) Severability: To the extent that the Department determines, within its reasonable discretion, that any provision of this agreement is inconsistent with the Convention, the IAA, the UAA, the regulations implementing the IAA and UAA, or any other provision of law, that provision of the agreement shall be considered null and void and the remainder of the agreement shall continue in full force and effect as if the offending portion had not been a part of it. 6) Entirety of Agreement: This agreement is the entire agreement of the Parties and may be modified only upon written agreement of the Parties. Dated: July 28, 2017. David T. Donahue, Acting Assistant Secretary for Consular Affairs, Department of State. [FR Doc. 2017-18040 Filed 8-24-17; 8:45 am] BILLING CODE 4710-06-P
![40614 Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices
SMALL BUSINESS ADMINISTRATION Percent nonprofit private entities with expertise
in developing and administering
[Disaster Declaration #15257 and #15258;
The number assigned to this standards for entities providing child
disaster for physical damage welfare services; or (2) state adoption
WEST VIRGINIA Disaster Number WV–
is 152576 and for economic licensing bodies that have expertise in
00047]
injury is 152580.. developing and administering standards
Presidential Declaration of a Major for entities providing child welfare
(Catalog of Federal Domestic Assistance
Disaster for Public Assistance Only for services and that accredit only agencies
Number 59008)
the State of West Virginia located in that state. Both nonprofit
James E. Rivera, accrediting entities and state accrediting
AGENCY: U.S. Small Business Associate Administrator for Disaster entities must meet any other criteria that
Administration. Assistance. the Department may by regulation
ACTION: Notice. [FR Doc. 2017–18036 Filed 8–24–17; 8:45 am] establish. IAAME is a nonprofit private
BILLING CODE 8025–01–P entity with expertise in developing and
SUMMARY: This is a Notice of the administering standards for entities
Presidential declaration of a major providing child welfare services.
disaster for Public Assistance Only for The final rule on accreditation of
DEPARTMENT OF STATE
the State of West Virginia (FEMA–4331– agencies and approval of persons (22
DR), dated 08/18/2017. [Public Notice: 10089] CFR part 96) was published in the
Incident: Severe Storms, Flooding, Federal Register (71 FR 8064–8066,
Landslides, and Mudslides. Memorandum of Agreement Between February 15, 2006) and became effective
Incident Period: 07/28/2017 through the U.S. Department of State Bureau of on March 17, 2006. The final rule
07/29/2017. Consular Affairs and Intercountry establishes the regulatory framework for
Adoption Accreditation and the accreditation and approval function
DATES: Issued on August 18, 2017.
Maintenance Entity, Inc. and provides the standards that the
Physical Loan Application Deadline
Date: 10/17/2017. AGENCY: Department of State. designated accrediting entities will
Economic Injury (EIDL) Loan ACTION: Notice. follow in accrediting or approving
Application Deadline Date: 05/18/2018. adoption service providers. Under the
The Department of State (the
SUMMARY: UAA, adoption service providers
ADDRESSES: Submit completed loan working with prospective adoptive
Department) is the lead Federal agency
applications to: U.S. Small Business parents in non-Convention adoption
for implementation of the 1993 Hague
Administration, Processing and cases need to comply with the same
Convention on Protection of Children
Disbursement Center, 14925 Kingsport accreditation requirement and standards
and Co-operation in Respect of
Road, Fort Worth, TX 76155. that apply in Convention adoption
Intercountry Adoption (the Convention),
FOR FURTHER INFORMATION CONTACT: A. the Intercountry Adoption Act of 2000 cases.
Escobar, Office of Disaster Assistance, (IAA), and the Intercountry Adoption
U.S. Small Business Administration, Theodore ‘‘Ted’’ R. Coley,
Universal Accreditation Act of 2012
409 3rd Street SW., Suite 6050, Director, Office of Children’s Issues, Overseas
(UAA). Among other things, the IAA Citizen Services, Bureau of Consular Affairs.
Washington, DC 20416, (202) 205–6734. and UAA give the Secretary of State
SUPPLEMENTARY INFORMATION: Notice is responsibility, by entering into MEMORANDUM OF AGREEMENT
hereby given that as a result of the agreements with one or more qualified BETWEEN THE DEPARTMENT OF
President’s major disaster declaration on entities and designating such entities as STATE BUREAU OF CONSULAR
08/18/2017, Private Non-Profit accrediting entities, for the accreditation AFFAIRS AND INTERCOUNTRY
organizations that provide essential of agencies and approval of persons to ADOPTION ACCREDITATION AND
services of a governmental nature may provide adoption services in MAINTENANCE ENTITY, INC.
file disaster loan applications at the intercountry adoptions. This notice is to Parties & Purpose of the Agreement
address listed above or other locally inform the public that on July 28, 2017,
the Department entered into an The Department of State, Bureau of
announced locations.
agreement with Intercountry Adoption Consular Affairs (Department), and
The following areas have been
Accreditation and Maintenance Entity, Intercountry Adoption Accreditation
determined to be adversely affected by
Inc. (IAAME), designating IAAME as an and Maintenance Entity, Inc. (IAAME),
the disaster:
accrediting entity (AE) for five years. with its principal office located at 5950
Primary Counties: Doddridge, Harrison, NW 1st Place, Suite A Gainesville, FL
Marion, Marshall, Monongalia, The text of the Memorandum of
Agreement is included in its entirety at 32607, hereinafter the ‘‘Parties,’’ are
Ohio, Preston, Randolph, Taylor, entering into this agreement for the
Tucker, Tyler, Wetzel the end of this Notice.
purpose of designating IAAME as an
FOR FURTHER INFORMATION CONTACT:
The Interest Rates are: accrediting entity under the
Kjersti Olson, 202–485–6229. Hearing or Intercountry Adoption Act of 2000
Percent speech-impaired persons may use the (IAA), Public Law 106–279, and 22 CFR
Telecommunications Devices for the part 96.
For Physical Damage: Deaf (TDD) by contacting the Federal
Non-Profit Organizations with Information Relay Service at 1–800– Authorities
sradovich on DSK3GMQ082PROD with NOTICES
Credit Available Elsewhere ... 2.500 877–8339. The Department enters into this
Non-Profit Organizations with- SUPPLEMENTARY INFORMATION: The agreement pursuant to Sections 202 and
out Credit Available Else-
where ..................................... 2.500
Department, pursuant to section 202(a) 204 of the IAA, 22 CFR part 96, and
For Economic Injury: of the IAA, must enter into an Delegation of Authority 261. IAAME has
Non-Profit Organizations with- agreement with at least one qualified full authority to enter into this MOA
out Credit Available Else- entity and designate it as an accrediting pursuant to a resolution passed by the
where ..................................... 2.500 entity. Accrediting entities may be (1) Board of Directors of Partnership for
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![Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices 40617
has procedures in place to ensure that functions as an accrediting entity for 5) Severability: To the extent that the
any such relationships will not adoption service providers providing Department determines, within its
influence any accreditation or approval adoption services in intercountry reasonable discretion, that any
decisions, and shall maintain and use adoptions. provision of this agreement is
these procedures. b) Nothing in this agreement shall be inconsistent with the Convention, the
c) IAAME shall disclose to the deemed to be a commitment or IAA, the UAA, the regulations
Department any other situation or obligation to provide any Federal funds. implementing the IAA and UAA, or any
circumstance that may create the c) All accrediting entity functions and other provision of law, that provision of
appearance of a conflict of interest. responsibilities authorized by this the agreement shall be considered null
2) Liability: IAAME agrees to agreement are to occur only during the and void and the remainder of the
maintain sufficient resources to defend duration of this agreement. agreement shall continue in full force
challenges to its actions as an d) Nothing in this agreement shall and effect as if the offending portion
accrediting entity, including by release IAAME from any legal had not been a part of it.
maintaining liability insurance for its requirements or responsibilities 6) Entirety of Agreement: This
actions as an accrediting entity brought imposed on the accrediting entity by the agreement is the entire agreement of the
by agencies and/or persons seeking to be IAA, UAA, 22 CFR part 96, or any other Parties and may be modified only upon
accredited or approved or who are applicable laws or regulations. written agreement of the Parties.
accredited or approved, and to inform 2) Commencement of responsibilities:
IAAME’s responsibilities as an Dated: July 28, 2017.
the Department immediately of any
accrediting entity under Article 2 will David T. Donahue,
events that may affect its ability to Acting Assistant Secretary for Consular
defend itself (e.g., change in or loss of commence upon approval by the
Affairs, Department of State.
insurance coverage, change in relevant Department of systems, procedures, and
a fee schedule that, if applicable, are [FR Doc. 2017–18040 Filed 8–24–17; 8:45 am]
state law). IAAME agrees that it will
consult with the Department coordinated between IAAME and any BILLING CODE 4710–06–P
immediately if it becomes aware of any other designated accrediting entity to
other legal proceedings related to its ensure general consistency in
accreditation systems and procedures, DEPARTMENT OF STATE
acts as an accrediting entity, or of any
legal proceedings not related to its acts and general parity of fees; and, if [Public Notice: 10099]
as an accrediting entity that may applicable, determination by the
threaten its ability to continue to Department of jurisdictional boundaries Notice of Determinations; Culturally
function as an accrediting entity. between IAAME and any other Significant Objects Imported for
designated accrediting entity. Exhibition Determinations:
Article 7 3) Duration: IAAME’s designation as ‘‘Fragonard: The Fantasy Figures’’
Liaison Between the Department and an accrediting entity and this agreement Exhibition
the Accrediting Entity shall remain in effect for five years from
signature, unless terminated earlier by SUMMARY: Notice is hereby given of the
1) IAAME’s principal point of contact the Department in conjunction with the following determinations: I hereby
for communications relating to its suspension or cancellation of the determine that certain objects to be
functions and duties as an accrediting designation of IAAME. The Parties may included in the exhibition ‘‘Fragonard:
entity will be the Director of agree mutually in writing to extend the The Fantasy Figures,’’ imported from
Intercountry Adoption Accreditation. designation of the accrediting entity and abroad for temporary exhibition within
The Department’s principal point of the duration of this agreement. If either the United States, are of cultural
contact for communication is the Party does not wish to renew the significance. The objects are imported
Accrediting Entity Liaison officer in the agreement, it must provide written pursuant to loan agreements with the
Office of Children’s Issues, Office of notice no less than one year prior to the foreign owners or custodians. I also
Overseas Citizens Services, Bureau of termination date, and the Parties will determine that the exhibition or display
Consular Affairs, U.S. Department of consult to establish a mutually agreed of the exhibit objects at the National
State. schedule to transfer adoption service Gallery of Art, Washington, District of
2) The parties will keep each other providers to another accrediting entity, Columbia, from on or about October 8,
currently informed in writing of the including by transferring a reasonable 2017, until on or about December 3,
names and contact information for their allocation of collected fees for the 2017, and at possible additional
principal points of contact. As of the remainder of the accreditation or exhibitions or venues yet to be
signing of this Agreement, the approval period of such adoption determined, is in the national interest.
respective principal points of contact service providers. FOR FURTHER INFORMATION CONTACT: For
are as set forth in Attachment 1. 4) Changed Circumstances: If further information, including a list of
Article 8 unforeseen circumstances arise that will the imported objects, contact Elliot Chiu
render IAAME unable to continue to in the Office of the Legal Adviser, U.S.
Certifications and Assurances perform its duties as an Accrediting Department of State (telephone: 202–
1) IAAME certifies that it will comply Entity, IAAME will immediately inform 632–6471; email: section2459@
with all requirements of applicable State the Department of State. The Parties will state.gov). The mailing address is U.S.
and Federal law. consult and make an effort to find a Department of State, L/PD, SA–5, Suite
solution that will enable IAAME to 5H03, Washington, DC 20522–0505.
sradovich on DSK3GMQ082PROD with NOTICES
Article 9
continue to perform until the end of the SUPPLEMENTARY INFORMATION: The
Agreement, Scope, and Period of contract period. If no such solution can foregoing determinations were made
Performance be reached, the contract may be pursuant to the authority vested in me
1) Scope: terminated on a mutually agreed date or, by the Act of October 19, 1965 (79 Stat.
a) This agreement is not intended to if mutual agreement cannot be reached, 985; 22 U.S.C. 2459), E.O. 12047 of
have any effect on any activities of on not less than 14 months written March 27, 1978, the Foreign Affairs
IAAME that are not related to its notice from IAAME. Reform and Restructuring Act of 1998
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Document Created: 2018-10-24 12:42:12
Document Modified: 2018-10-24 12:42:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Kjersti Olson, 202-485-6229. Hearing or speech-impaired persons may use the Telecommunications Devices for the Deaf (TDD) by contacting the Federal Information Relay Service at 1-800-877-8339. | |
| FR Citation | 82 FR 40614 |
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