(a) Payment to supplier. USAID shall make appropriate payment to a supplier for the value of USAID-financed commodities available for immediate shipment from the United States if all the following conditions are satisfied:
- (1) Shipment is prohibited by order of the U.S. Government and such order has general application to all shipments to the cooperating country.
- (2) Payment may not be made by the bank under the terms of the letter of credit or payment instructions.
- (3) The supplier is unable to dispose of the commodities without loss.
- (4) The supplier tenders to USAID a negotiable warehouse receipt covering the commodities in question and presents to USAID such other documentation required by § 201.52 as may be appropriate under the circumstances.
- (b) Other settlement. In lieu of accepting title to the commodities, USAID may negotiate with the supplier such other settlement as may be fair and equitable under the circumstances.