WA-460-12 Addendum to the Provider Agreement to Electronically Fil

Warehouse Regulations Under the United States Warehouse Act

WA0460-0012_051006V02

Warehouse Regulations Under the United States Warehouse Act

OMB: 0560-0120

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WA-460-12
(10-06-05)

Form Approved – OMB No. 0560-0120
See Page 7 for Privacy Act and Public Burden Statement
U.S. DEPARTMENT OF AGRICULTURE

Farm Service Agency
United States Warehouse Act

ADDENDUM TO THE PROVIDER AGREEMENT TO ELECTRONICALLY
FILE AND MAINTAIN COCOA WAREHOUSE RECEIPTS
This Addendum between (a)
(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
cocoa electronic warehouse receipts issued under the United States Warehouse Act (USWA) and permits
the Provider to accept the filing of electronic warehouse receipts from other than USWA licensed
warehouse operators in such electronic data filing system. Such electronically filed warehouse receipts
for cocoa are hereafter referred to as “Electronic Warehouse Receipts (EWRs).”
Cocoa is defined as any bean of the cacao tree (Theobroma cacao), the growth of any country or clime,
including new or yet unknown growths, fermented and dried, or any semi-processed product or byproduct originating from those beans, subject to the disapproval of the FSA.
Notwithstanding any Federal law or Department of Agriculture (USDA) data security restrictions,
nothing contained herein should be interpreted or construed by a Provider so as to deny cooperation with
a State licensing authority with respect to access to examination or investigation data stored in a CFS by a
State licensed warehouse.
The Provider shall not warrant nor guarantee any part of the underlining transaction or activity that
involves the use of the Provider’s CFS to perfect or consummate such a transaction or activity. The
underlining transaction or activity shall be administered and governed by the applicable Federal or State
rule of law.
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. Common Computing Environment and eAuthentication
The Provider will, at a minimum, make available a common computing environment to the users of their
CFS that offers nondiscriminatory access and ability to logon remotely to the Provider’s CFS through an
eAuthentication method recognized by FSA. Before accepting an EWR into their CFS as issued, the
Provider will, at a minimum, authenticate the warehouse receipt signer as the person authorized by the
warehouse operator to issue the EWR.

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II. 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 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 the CFS. The Provider shall ensure that all
of these 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*
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 Providers 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, 60kg Bags)
Packaging Type (Bags, Bulk, Super-Sacks, Cartons)
Product (general product description – Cocoa Beans, Cocoa Liquor, Cocoa Powder, Cocoa Butter,
Other Cocoa semi processed products)
Lot identification number
Origin (country or region)
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 cocoa industry).
* Enter Federal, State or NYBOT license number, if not licensed, zero fill field

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B. Required elements that can be modified without the warehouse operator being the holder
FSA will allow the warehouse operator to modify the elements, “date to which storage has been
paid”, “storage start date”, or “prepaid in or out charges” without being the holder of the EWR. The
Provider shall notify the current holder of the EWR of any changes.
C. Suspending an EWR to issue an Interim Paper Warehouse Receipt
When suspending an EWR to issue an interim paper warehouse receipt, the Provider shall advise the
warehouse operator to first suspend the EWR, enter the interim paper warehouse receipt number into
the applicable EWR data field, and print on the face of the interim paper warehouse receipt the
suspended EWR number.
D. Converting a Paper Warehouse Receipt to an EWR
When converting an outstanding paper warehouse receipt to an EWR, the Provider shall advise the
warehouse operator to first take possession of and cancel the paper warehouse receipt, print the
replacing EWR number on the face of the paper warehouse receipt, and enter the canceled paper
warehouse receipt number into the applicable EWR data field.
E. Assignment of EWR Numbers
The Provider shall ensure that warehouse operators issue EWRs consecutively within the number
range(s) assigned by FSA or the applicable licensing authority. FSA will assign EWR ranges for
non-licensed warehouse operators.
F. Trailer Files and Non-Required EWR Data or Information
The Provider shall make available to the users of their CFS, as an outside attachment to an EWR’s
secured data files, a trailer file that may contain non-required EWR data or information for associated
business processes.
III. Security of Data
A. The Provider shall, at a minimum, use data encryption and security methods recognized and approved
by FSA.
B. The Provider shall, at a minimum, adhere to all aspects of Federal and State public disclosure and
privacy laws and regulations.
IV. Transmission of Data
The Provider shall, at a minimum, make available free of charge to FSA and State operated cocoa
warehouse regulatory programs an internet site and/or a computer utility program that will download
warehouse examination data, as authorized by USDA, from the Provider’s CFS.

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V. Terms and Conditions for USWA Licensed Warehouse Operators
The following information must be recorded on all EWRs or within the warehouse operator’s EWR
profile. FSA will be responsible for maintaining and updating this information.
The statements:
The Warehouse Operator’s business organization type (i.e. sole proprietor, incorporated, partnership,
LLC, etc.) and the name of the State whose laws govern that organization (i.e. “a Texas corporation”).
Insured, to what extent, by the warehouse operator against loss by fire, lightning and other risks.
The maximum amount of bond or financial assurance underwriting the warehouse receipt.
Weight was determined by a weigher licensed under the USWA.
Grade was determined by “a New York Board of Trade (NYBOT) licensed grader” or “Not Graded on
Request of Depositor.”
The cocoa bean grade stated in this receipt is in accordance with specified tolerances for defects, bean
count, bean size, and other standards as established by the NYBOT. If the cocoa on this receipt is that for
which no official cocoa 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 cocoa 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.
The applicable charges claimed by the warehouse operator for storage and other services. Handling and
other accrued charges are according to the warehouse operator’s effective public tariff. The warehouse
operator will furnish depositors and warehouse receipt holders the full amount of charges upon request.
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.
VI. Terms and Conditions for State Warehouse Operators
The following information must be recorded on all EWRs or within the warehouse operator’s EWR
profile.
Each warehouse operator shall have a posted EWR profile. (Each applicable licensing authority will be
responsible, as required under their applicable State laws regarding warehouse receipts and public
disclosure, for maintaining and updating this information regarding their licensed warehouse operators.)

WA-460-12 (10-06-05)

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The statements:
The Warehouse Operator’s business organization type (i.e. sole proprietor, incorporated, partnership,
LLC, etc.) and the name of the State whose laws govern that organization (i.e. “a Texas corporation”).
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 warehouse code for
State licensed warehouses or Uniform Commercial Code.
The maximum amount of bond or financial assurance underwriting the warehouse receipt.
Weight was determined by a State of _________________________________ “Licensed Weigher,” or
“Unofficial Weight by Warehouse Operator” or “Not Weighed on Request of Depositor.”
The cocoa bean grade stated in this receipt is in accordance with specified tolerances for defects, bean
count, bean size, and other standards as established by the NYBOT. If the cocoa on this receipt is that for
which no official cocoa 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 cocoa 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.
The applicable charges claimed by the warehouse operator for storage and other services. Handling and
other accrued charges are according to the warehouse operator’s effective public tariff. The warehouse
operator will furnish depositors and warehouse receipt holders the full amount of charges upon request.
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.
VII.

Terms and Conditions for Non-Licensed Warehouse Operators

The following information must be recorded on all EWRs or within the warehouse operator’s EWR
profile. (FSA will be responsible for maintaining and updating this information regarding their EWR
profile.)
Each warehouse operator shall have a posted EWR profile. (Each applicable Non-Licensed warehouse
operator will be responsible for providing FSA with timely and current information regarding the
statements below.)

WA-460-12 (10-06-05)

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The statements:
The Warehouse Operator’s business organization type (i.e. sole proprietor, incorporated, partnership,
LLC, etc.) and the name of the State whose laws govern that organization (i.e. “a Texas corporation”).
Insured, to what extent, by the warehouse operator against loss by fire, lightning and other risks. (Each
applicable Non-Licensed warehouse operator will be responsible for providing FSA with timely and
current insurance information. FSA will be responsible for maintaining and updating this information.)
The authority that the warehouse operator issues warehouse receipts under, State statute or Uniform
Commercial Code.
The maximum amount of bond or financial assurance underwriting the warehouse receipt. (Each
applicable Non-Licensed warehouse operator will be responsible for providing FSA with timely and
current bond or financial assurance information. FSA will be responsible for maintaining and updating
this information.)
Weight was determined by a State of ________________________________________ “Licensed
Weigher,” or “Unofficial Weight by Warehouse Operator” or “Not Weighed on Request of Depositor.”
The cocoa bean grade stated in this receipt is in accordance with specified tolerances for defects, bean
count, bean size, and other standards as established by the NYBOT. If the cocoa on this receipt is that for
which no official cocoa 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 cocoa 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.
The applicable charges claimed by the warehouse operator for storage and other services. Handling and
other accrued charges are according to the warehouse operator’s effective public tariff. The warehouse
operator will furnish depositors and warehouse receipt holders the full amount of charges upon request.
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.
VIII. 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

WA-460-12 (10-06-05)

(b)

Name of Provider

(c)

Signature of Provider

(d)

Title of Provider

(e)

Date

(f)

Signature of Deputy Administrator for Commodity Operations

(g)

Page 7 of 7

Date

NOTE:

The following statement is made in accordance with the Privacy Act of 1974 (5 USC 552a) and the Paperwork Reduction Act of
1995, as amended. The authority for requesting the following information is the regulations at 7 CFR Part 735. The information
will be used to complete the terms of a license and contract between the warehouse operator 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 a valid OMB control number. The valid OMB control number for 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 (KCCO), WAREHOUSE LICENSING AND EXAMINATION DIVISION, P.O. BOX 419205,
KANSAS CITY, MO 64141-6205.

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs 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.


File Typeapplication/pdf
File TitleWA0460-0012_051006V01.doc
AuthorErica.Robinson
File Modified2008-04-02
File Created2008-04-02

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