WA-460-11-Coffee Addendum to the Provider Agreement to Electronically Fil

WA-460-Coffee (06-01-03) Page 4 of 4

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WA-460-11-Coffee U.S. DEPARTMENT OF AGRICULTURE Form Approved - OMB No. 0560-0120

(06-01-03) Farm Service Agency

United States Warehouse Act

FARM SERVICE AGENCY

ADDENDUM TO THE PROVIDER AGREEMENT

TO ELECTRONICALLY FILE AND MAINTAIN

COFFEE WAREHOUSE RECEIPTS

This Addendum between

     

(Provider) and

the Farm Service Agency (FSA) authorizes the Provider to establish and maintain a database and system, referred to as a central filing system (CFS) for the purpose of electronically filing coffee warehouse receipts issued under the United States Warehouse Act (USWA) and permits the Provider to accept the filing of warehouse receipts from other than USWA licensed warehouse operators in such electronic data filing system. Such electronically filed warehouse receipts for coffee are hereafter referred to as “Electronic Warehouse Receipts (EWRs).”

This Addendum sets forth the Provider's minimum requirements for EWR record formatting, reporting requirements and the protocols to be used in the transmission of such information.

I. Receipt Record Data Requirements

FSA, in administration of the USWA, the regulations found at 7 CFR Part 735, the Provider Agreement to Electronically File and Maintain Electronic Warehouse Receipts and United States Warehouse Act Documents and this Addendum, may at any time require the Provider to furnish information beyond the minimum requirements shown in this Addendum.

A. Required Information

The Provider shall, at a minimum make the elements listed below available to every USWA and non‑USWA licensed warehouse operator issuing EWRs in their CFS. The Provider shall ensure that all fields are completed by all warehouse operators. The Provider shall advise warehouse operators that it is the warehouse operator’s responsibility to supply the necessary data to complete each element.

USWA license number, if applicable*

Warehouse Code

Holder

Receipt number and License type, US if Federally licensed, NL if not licensed or the two letter postal abbreviation if State licensed, will be displayed in front of the receipt number and will be an integral part of the receipt number

Paper receipt number (if applicable)

Issuance date (date issuance file is received and accepted in the Provider's system)

Receipt status

Indicate whether the receipt is “Not Negotiable”, or “Negotiable” according to the nature of the receipt

Cancellation date (date cancellation file is received and accepted in the Providers system)

Name of warehouse

Location of receiving warehouse (City)

Location of receiving warehouse (State)

Warehouse operator (legal entity of warehouse operator)

Location receipt issued (City)

Location receipt issued (State)

Quantity (number of units)

Quantity units (type of units - Metric Tons, Long Tons, Pounds, Kilograms, 70kg Bags, 69kg Bags, 75kg Bags, 46kg Bags)

Packaging Type (Bags, Bulk, Super-Sacks, Cartons)

Product (general product description - Green Coffee, Decaffeinated Coffee, Soluble Coffee, Semi Roast Coffee, Roasted Coffee)

Lot identification number

Origin

Name of person authorized to sign warehouse receipt

Terms and conditions (Refer to Section for USWA licensed warehouse operators and Section for state or non-licensed warehouse operators for terms and conditions that apply to each EWR that must be furnished by the warehouse operators issuing the EWRs).

Indicate “ Not graded on request of the depositor” , “Grade determined by NYBOT licensed grader” , “Grade determined by State licensed grader” or “Grade determined by non licensed grader” (or, a toggle for any other statement applicable to the coffee industry).

* Enter Federal, State or NYBOT license number, if not licensed, zero fill field

B. Converting Electronic to Paper

When converting from an electronic to a paper warehouse receipt, the Provider shall advise the warehouse operator to print on the face of the paper warehouse receipt the EWR number.

2. Transmission of Data

Upon request by FSA all transmissions of data shall be secured and transmitted via telecommunications hardware and software according to the requirements as agreed to by FSA and the Provider.

2. Terms and Conditions For USWA Licensed Warehouse Operators

The following information must be recorded on all EWR’s.

The statements:

Incorporated or Unincorporated and if incorporated, under what laws.

Insured, to what extent, by the warehouse operator against loss by fire, lightning and other risks.

Weight was determined by a weigher licensed under the USWA.

The grade or other class stated in this receipt is in accordance with the Standards			     
	     	. If the grade is that for which no official coffee standards of the United States

are in effect, the grade or other class shall be stated in accordance with the standards, if any, adopted by the local board of trade, chamber of commerce, or by the coffee trade generally in the locality in which the warehouse is located, subject to the authorization of the FSA, or in the absence of these standards, in accordance with any standards authorized for the purpose by the FSA.

In the event the relationship existing between the warehouse operator and any depositor is not that of strictly disinterested custodianship, a statement setting forth the actual relationship.

Upon the surrender of this receipt and the payment of all liens due the warehouse operator, said coffee will be delivered to the order of the holder as defined in 7 CFR Part 735.

IV. Terms and Conditions For State or Non-Licensed Warehouse Operators

The following information must be recorded on all EWR’s.

The statements:

Incorporated or Unincorporated and if incorporated, under what laws.

Insured, to what extent, by the warehouse operator against loss by fire, lightning and other risks.

The authority, that the warehouse operator issues warehouse receipts under, state for state licensed warehouses or Uniform Commercial Code for non-licensed warehouses.

The amount of bond or financial assurance backing the receipt.

Weight was determined by a weigher licensed or approved under what laws or authority or “Not weighed on request of depositor”.

If grade indicator reflects grade determined by a State or NYBOT licensed grader, state Grade was determined by a grader licensed or approved under what laws or authority.

Grade was determined according to what standards.

The lien claimed by the warehouse operator for storage and other services.

In the event the relationship existing between the warehouse operator and any depositor is not that of strictly disinterested custodianship, a statement setting forth the actual relationship.

Upon the surrender of this receipt and the payment of all liens due the warehouse operator, said coffee will be delivered to the order of the holder as defined in 7 CFR Part 735.

V. Disputes

All disputes arising under any transaction within this Addendum shall be determined by the application of the laws of New York State except that the laws of New York relating to the legal doctrines of the choice of law and determination of venue shall not be applicable.

VI. Contact

Chief, Licensing Branch

Warehouse Licensing and Examination Division

Kansas City Commodity Office

P. O. Box 419205 - Stop 9148

Kansas City, MO 64141-6205

Phone: 816-823-1144

Fax: 816-926-1548

     

Provider

Signature

     

Title

     

Date

Deputy Administrator for Commodity Operations, FSA

     

Date

________________________________________________________________________

The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. 552a) and the Paperwork Reduction Act of 1995, as amended. The authority for requesting the following information is the regulations at 7 CFR 735. The information will be used to complete the terms of an agreement between the Provider and the Deputy Administrator for Commodity Operations. Furnishing the requested information is voluntary, however, without it, eligibility to become a provider under the United States Warehouse Act and the decision as to the applicant’s eligibility for a provider agreement must be made in part on the basis of the information provided. This information may be provided to other agencies, IRS, Department of Justice, or other State and Federal law enforcement agencies, and in response to a court magistrate or administrative tribunal. The provisions of criminal and civil fraud statutes, including: 18 U.S.C. 286, 287, 371, 641, 651, 1001; 1014, and 31 U.S.C. 3729, may be applicable to the information provided.

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays an OMB control number. The valid OMB control number of this information collection is 0560-0120. The time required to complete this information collection is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. RETURN THIS COMPLETED FORM TO THE KANSAS CITY COMMODITY OFFICE, POST OFFICE BOX 419205, KANSAS CITY, MO 64141-6205.

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its program and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program.  (Not all prohibited bases apply to all programs.)  Persons with disabilities who require alternative means for communication of program information ( Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD).  To file a complaint of Discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD).  USDA is an equal opportunity provider and employer.