OMB
Control No. 0625-0139
Application for New General-Purpose Foreign-Trade Zone under the Alternative Site Framework (ASF) Instruction Sheet |
This collection of information contains Paperwork Reduction Act (PRA) requirements approved by the Office of Management and Budget (OMB). Notwithstanding any other provision of law, no person is required to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless that collection of information displays a currently valid OMB control number. Public reporting burden for this collection of information is estimated to average 131 hours, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Persons wishing to comment on the burden estimate or any aspect of this collection of information, or offer suggestions for reducing this burden, should send their comments to the ITA Reports Clearance Officer, International Trade Administration, U.S. Department of Commerce, 14th and Constitution Avenue, NW, Washington, DC 20230. No
zone, subzone, zone expansion/reorganization/modification, or
production authority may be approved unless a completed
application/notification/request has been received (19 U.S.C.
81a-81u; 15 CFR Part 400). The Foreign-Trade Zones Board has no
authority to finance zone projects. Its approval is in the form
of a grant of authority (license) for operating a facility under
foreign-trade zone procedures. The basic requirements for
foreign-trade zone applications are found in the regulations of
the Foreign-Trade Zones Board (15 CFR Part 400), including
Sections 400.21 through 400.25. Application formats are
available on the FTZ Board web site: http://www.trade.gov/ftz.
Applicants should note that conduct of their proposed activity under FTZ procedures would result in an additional, ongoing information-collection burden associated with the Annual Report from Foreign-Trade Zones (OMB Control No. 0625-0109).
FTZ Staff February 2019
Foreign-Trade Zones Board U.S. Department of Commerce 1401 Constitution Avenue, N.W., Room 21013 Washington, D.C. 20230 |
ESTABLISHMENT OF NEW GENERAL-PURPOSE FOREIGN-TRADE ZONE
UNDER THE ALTERNATIVE SITE FRAMEWORK
OVERVIEW
The U.S. Foreign Trade Zone’s Program was founded through the FTZ Act of 1934 and intends to encourage foreign commerce in the United States by allowing special customs-related benefits to businesses locating their international operations in a U.S. FTZ. The program is administered by the Foreign-Trade Zones Board. The FTZ Board and its staff are responsible for licensing and monitoring FTZs across the fifty United States and Puerto Rico, and granting authority to local organizations (usually public) to establish and operate zones in their communities. These grants of authority are obtained through an application to the FTZ Board. If the application is approved, the organization is referred to as the ‘grantee’ of the newly established zone. Operations within the zone would then be overseen by the local U.S. Customs and Border Protection (CBP) office. Any company seeking to “operate” in the zone must first obtain ‘activation’ approval from CBP. The following application format is the first step in the process to request establishment of a new FTZ.
Organizations submitting applications must be qualified to apply for a zone grant of authority under state laws. Applicants are usually state, county or public organizations such as Port Authorities or economic development agencies. All zones must be operated as a ‘public utility’ with equal access provided to all potential use at fair and reasonable rates.
Under the FTZ Board’s regulations, FTZ sites must be in or ‘adjacent’ to a CBP port of entry, meaning that each site associated with the zone must be no more than 60 miles/90 minutes’ driving time of the outer limits of a CBP Port of Entry. Each CBP port of entry is entitled to a zone. Those proposing a FTZ for a CBP Port of Entry already served by a zone(s) must justify why an additional zone is needed to meet the ‘convenience of commerce.’
In applying to establish a proposed FTZ or ‘zone,’ the applicant has two options in terms of the ‘framework’ under which the zone will operate:
The Traditional Site Framework is designed to serve zone projects that are focused on attracting FTZ activities to a limited number of fixed FTZ sites that serve multiple users such as port districts or industrial parks.
The Alternative Site Framework (ASF) is designed to serve zone projects that want the flexibility to both attract users/operators to certain fixed sites and but also want the flexibility to serve companies at other locations where the demand for FTZ services arises in the future.
The following instructions and application format are for the Alternative Site Framework.
Under the Alternative Site Framework, FTZs are based on a ‘service area’. The service area is a defined as one or more jurisdictions (often counties) within which the grantee will be able to propose zone sites. Under the ASF, a zone can establish a limited number of multi-user sites across its service area. These ‘Magnet’ sites are akin to sites under the traditional framework and are intended to attract users to a single fixed location, generally in a business park or a port facility. In addition to Magnet sites, the ASF allows grantees to establish additional sites geared towards specific companies either as a ‘Subzone’ or a ‘Usage-driven’ site. These sites enable grantees to locate zone designation where companies’ needs actually arise. By bringing zone designation to firms, subzones or usage-driven sites help grantees respond to growth opportunities in the local economy and diminish the need to try to anticipate where future activity may occur. A subzone or usage-driven site under the ASF can be added, removed, or modified using a quick and simple minor action rather than the full reorganization/expansion or subzone application that is required under the Traditional Site Framework.
Under the ASF, any magnet, subzone or usage-driven site designated under the ASF is subject to a sunset time limit that automatically removes the FTZ designation if no FTZ activation/activity had occurred within a specified period. The ASF allows for the possible exemption of one magnet site from the “sunset” time limits that generally apply to sites under the ASF. The standard sunset limit for magnet sites is five years; for subzone and usage-driven sites, the sunset period is three years. The sunset mechanism helps to ensure that FTZ designation is retained only at locations that are actually being used for FTZ activity, and it is neutral and equitable for all affected parties. FTZ activity at a magnet/usage-driven site or subzone during the sunset period resets the sunset date for an additional five (5) years for magnet sites or additional three (3) years for subzones or usage-driven sites.
THINGS TO CONSIDER BEFORE YOU APPLY
Is your CBP port entry currently served by a zone project?
If your CBP port of entry is already served by one or more zone grantees, the FTZ Act requires you (the applicant) to demonstrate why the existing zone(s) “will not adequately serve the convenience of commerce” (that is, is unable to meet FTZ-related needs).
What type of organization is proposing to act as Grantee?
Public or quasi-public organizations tend to be the best suited to run FTZ projects since administration of a FTZ has a core goal of serving the public interest. Any grantee must operate its zone as a public utility with fair, reasonable fees and uniform treatment provided to all users. An organization tasked with economic development is in an ideal position to gauge if and how a FTZ might fit into its community’s’ overall economic development strategy, a point which any applicants need to address in its application to establish a new FTZ.
Does the organization have the resources to operate a FTZ?
Administration of a foreign trade zone demands staff time and financial resources for management and marketing. The core Grantee responsibility is ensuring that the zone provides uniform treatment and fair and reasonable rates to all potential users. Other basic Grantee responsibilities include maintaining required documents (such as all correspondence to and from the FTZ Board), establishing and maintaining a ‘zone schedule’ of rates and policies, and maintaining communication with the FTZ’s operators. A Grantee must also coordinate and collect data to fulfill annual reporting requirements established in the FTZ Act. Potential applicants should identify which position or office in their organization is best suited to manage a FTZ before they begin the application process.
Is there current or potential demand for zone services?
The resources and time spent on zone administration is only offset when a zone realizes actual use. Therefore the decision to apply for and administer a zone should be carefully considered and balanced against the likelihood of actual use. For instance, are their local industries that currently trade internationally or are preparing to do so in the near future? Has the applicant organization surveyed the business community or otherwise gauged demand for such services?
INSTRUCTIONS
The ASF application format is divided in three parts. Part One is intended to provide the FTZ Board with general information on the structure and organization of the proposed zone. In this section, the applicant will establish its legal authority to apply, justify the proposed zone and sites in terms of economic need and viability, and define the structure and jurisdiction of the proposed zone. In Part Two, the applicant will provide site-specific information for each proposed Magnet site. In Part Three, the applicant will provide site-specific information for each proposed Subzone or Usage-driven site, if requested. Part Three may be omitted from the application if there are no Subzones or Usage-driven sites proposed at the time of the application.
The application format consists of a series of questions to answer. (For ease of use, each section is provided as a MS Word document.) Please provide your response directly below each question listed in the application format (leave the question - including its identifying number or letter - in place). For all responses, the burden of proof is on the applicant.
In addition to written responses to questions, the application format requests a series of documents to be provided in attachments. Required attachments for Part One include the Legal Authority to Apply, Support from Local Jurisdictions, Support from Local Organizations, and a General Maps section. For Parts Two and Three (which must be completed separately for each proposed Magnet site and Subzone/Usage-Driven site, respectively), required attachments include a street map outlining the proposed site boundaries in red, a detailed site map, documentation of the right to use the site, and (if applicable) correspondence from affected parties where taxes on business inventories or real property are present. Part Two also requires attaching letters of intent from firms considered prime prospects for use of the particular site.
Major steps in assembling your application will include:
Establish Legal Authority to make an application to the FTZ Board
Legal Authority is demonstrated through the presentation of several documents:
Current copy of state legislation: The application format requires a “current copy of the state enabling legislation” regarding FTZs – this is to satisfy the requirement in Section 400.21(d)(1)(i) of the FTZ Board’s regulations.
Copy of Relevant Sections of Applicant’s charter: The application format requires a “copy of the relevant sections of the applicant’s charter or organization papers” – this is to satisfy the requirement in Section 400.21(d)(1)(ii) of the FTZ Board’s regulations. While some organizations’ charters have sections specific to FTZs, other organizations only have general or broader authority (that is, nothing specific to FTZs). In that case, the applicant should provide a copy of the section(s) of the charter that establish general authority to establish a FTZ.
Certified copy of grantee resolution: You should submit a certified copy of a resolution of the applicant’s governing body specific to the FTZ application authorizing the official signing the application letter. The resolution must be dated no more than six (6) months prior to the submission of the application. The resolution should indicate the nature of the application.
Justify economic need for the proposed FTZ documenting support from local organizations
Applicants will need to describe the characteristics of the local economy and cite evidence of the need for availability of FTZ procedures. Letters of support from local organizations, including businesses and other private sector organizations, should be included in an attachment. See “Economic Justification” section of application format for specific information required.
Define the Service Area and document support from legal jurisdictions
Within the regulatory adjacency limits (see below), applicants are advised to engage local jurisdictions that will be included with the zone’s service area. For each jurisdiction proposed for inclusion in the service area, the application also must include evidence of either 1) support from the jurisdiction or 2) notification to the jurisdictions using the standard language established by the FTZ Board. Our staff can provide the standard letter formats upon request.
Adjacency Requirement: The FTZ Act and Regulations require each zone site to be within or adjacent to a U.S. Customs and Border Protection (CBP) port of entry (as listed and defined in the CBP regulations – 19 CFR Part 101). That requirement can be satisfied if the zone site is: 1) within the limits of a CBP port of entry or 2) within 60 statute miles or within 90 minutes' driving time from the outer limits of the boundaries of a CBP port of entry, as determined or concurred upon by CBP. The entirety of a proposed service area must meet the adjacency requirement.
Describe the criteria for site selection and indicate specific sites
For selection of Magnet sites, applicants must describe the criteria used for site selection, which should be consistent with the economic development goals of the community. Each proposed site should be selected through the application of those criteria.
Site Identification: Use numbers sequentially to identify each new Magnet or Usage-driven site starting with 1 followed by 2 and so on. For Subzones, use letters to identify each new Subzone starting with A followed by B and so on.
Sites versus Parcels: A zone site (site) means a physical location of a zone or Subzone. A “site” is composed of one or more generally contiguous parcels of land organized and functioning as an integrated unit, such as all or part of an industrial park or airport facility. If parcels do not share an identity, then they must be treated as separate sites. Note that all FTZ sites must match this definition in order to be entered into the CBP Automated Commercial Environment computer system.
Local Tax Exemptions: A small number of states (such as TX, KY, AZ) has one or more taxes for which collections will be affected by the proposed FTZ designation of the site. If your state has a tax for which collections will be affected by your FTZ proposal, you must attach to your application: 1) documentation that explains the specific local taxes that will be affected and 2) for each site in your proposal, correspondence from all affected parties (such as a local school board) indicating their concurrence (or non-objection) to the proposed FTZ designation.
SUBMISSION OF APPLICATIONS
Pre-Docketing Submission. Applicants shall submit the complete application for pre-docketing review. The complete application must include all required answers and documents, including the application letter and resolution. The application must be submitted via e-mail ([email protected]). The FTZ Board’s staff will review the pre-docketing submission within 30 days and will notify the applicant either to submit the final application or to correct deficiencies.
Final Submission. Please submit the application in electronic form to [email protected] (Adobe PDF format preferred). If you cannot submit the application in PDF format, you may submit it in MS Word format. Note that, in either case, the application must include color maps and scans of the signed versions of all letters.
Filing Fees. The FTZ Regulations dictate that each CBP port of entry is entitled to a zone. No fee applies to an application to establish the first FTZ project in a given CBP port of entry and adjacent area. If the proposed zone is in or adjacent to a port of entry already served by a foreign-trade zone(s), a $3,200 filing fee is applicable (§400.29(b)(1)). Your currently dated check should be made payable to "U.S. Department of Commerce ITA." The Federal Tax ID number is 91-2014781.
Timeframe for FTZ Board to process request. The ordinary timeframe is ten (10) months from the time of docketing.
If you have questions on any aspect of the application process, do not hesitate to contact the FTZ Staff at (202) 482-2862.
Application for the Establishment of New General-Purpose Foreign-Trade Zone
Under the Alternative Site Framework
PART ONE: General Information Section
Application Letter
The core of the application is a letter from the proposed grantee that summarizes the application and transmits the full application (in this format with attachments) to the FTZ Board. The letter should be dated within six (6) months prior to the submission of the application and signed by an authorized officer of the grantee corporation (see Legal Authority for the application).
The letter should summarize:
the relationship of the proposal to the state enabling legislation and the proposed grantee’s charter;
the specific authority requested from the Board;
the proposed ASF zone structure including a description of the service area;
the proposed zone sites(s) and facility(ies) and any larger project of which the zone is a part;
the project background;
the relationship of the project to the community’s and state’s international trade-related goals and objectives;
any production authority being requested; and,
any additional pertinent information needed for a complete summary description of the proposal.
Grantee Structure and Legal Authority
Legal Authority for the Application. Please provide the following documents as Attachment I:
a current copy of the state enabling legislation regarding FTZs;
a copy of the relevant sections of the applicant’s charter or organization papers; and,
a certified copy of a resolution of the applicant’s governing body specific to the application authorizing the official signing the application letter. The resolution must be dated no more than six (6) months prior to the submission of the application. The resolution should indicate the nature of the application.
Discuss the nature of the grantee organization (public or private; non-profit or for-profit). For applicants that are non-public, please provide evidence of the organization’s current legal standing with the state. This can include a letter or documentation from an appropriate state official or the state’s official website.
Summarize what you foresee as the operating structure of the zone and discuss the financing plan (as applicable).
Economic Justification
State the community’s overall economic and trade-related goals and strategies in relation to those of the region and state, including a reference to the plan or plans on which the goals are based and how they relate to the proposed zone. If you have letters of support from local organizations, please include those letters as an attachment (Attachment II).
Describe the economic profile of the community and discuss the following:
Dominant sectors in terms of employment or income
Area strengths and weaknesses
Unemployment rates
Area foreign trade statistics
State the role and objective of the proposed zone and discuss the anticipated economic impact, direct and indirect, of the zone, including references to public costs and benefits, employment and U.S. international trade.
Describe the need for zone services in your community, with specific expressions of interest from proposed zone users. Please include those letters as Attachment III.
Proposed Zone Structure and Project Description
Indicate the CBP port of entry for the proposed zone. If that CBP port of entry is already served by one or more foreign-trade zone(s), explain why the existing zone(s) will not adequately serve the “convenience of commerce” (needs of potential users). Cite evidence to support all assertions.
Describe the counties or other distinguishable legal jurisdictions that make up the proposed service area. In the Service Area Correspondence attachment (Attachment IV), please include documentation of support from each county in your proposed Service Area (using the standard language provided in the relevant “Sample Service Area Concurrence Letter” on the FTZ Board web site). Alternatively, you may provide evidence that you have contacted the counties/jurisdictions in the proposed service area (using the standard language provided in the “Sample Service Area Notification letter”) by attaching a signed copy of the letter along with evidence of transmittal. If your focus is less broad than a county-wide level, documents may be provided relating to the appropriate sub-county jurisdiction(s).
In a "General Map(s)" attachment (Attachment V), please provide the following:
(optional) a map of the proposed service area with proposed boundaries outlined in red;
(required) if your proposed service area includes any partial jurisdiction(s), provide a map(s) clearly showing in red the line dividing the portions of the jurisdiction(s) inside and outside the Service Area; and,
(required) one or more maps showing the proposed sites in a regional context. All documents must be legible and letter-sized (8 ½" X 11").
Proposed Zone Sites and Site Selection Criteria
Using the table provided below, outline your zone project describing the proposed Magnet site(s) with the site number, which county or other legal jurisdiction (which must correspond to the county or legal jurisdictions listed for question 10) they are located in, basic description of the site and address, and the acreage.
MAGNET SITES |
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Site Number |
County/Legal Jurisdiction |
Basic Description of Site and Address |
Acreage within site boundaries |
1 |
Adams County |
Acme Industrial Park 1234 S. Main Street Townville, PA 50000 |
300 |
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Describe in detail the grantee's process for selecting each site for which Magnet designation is proposed. Discuss the criteria applied in that process and how those criteria relate to the local economic development plans. Indicate the public entities involved in the site-selection process.
Explain in detail why each site is needed to provide FTZ services to your community(ies). Address the degree to which each site may duplicate types of facilities at other proposed sites.
The default sunset period for each designated Magnet site in a zone is five years. A proposed grantee is allowed to request a possible exemption from the sunset limits for one Magnet site. If you would like to request an exemption from the sunset limits for one of your Magnet sites, indicate the site number and describe in detail why this site was chosen for the exemption request. Key considerations would be the publicly-owned nature of a site and public processes leading to the site’s selection.
If you believe that a sunset period of longer than five years is justified for one or more specific Magnet sites, provide separately for each such site a detailed description of the specific circumstances that you believe justify a sunset period of longer than five years for the site in question.
Using the table provided below, outline your zone project describing the proposed Subzones or Usage-driven sites, if applicable, with site type, site identification, which county or other legal jurisdiction (which must correspond to the county or legal jurisdictions listed for Question 10) they are located in, basic description of site and address, and the acreage.
SUBZONES OR USAGE-DRIVEN SITES |
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Site Type (Subzone/ Usage-driven) |
Site Identification (Letter/Number) |
County/Legal Jurisdiction |
Basic Description of Site and Address |
Acreage within site boundaries |
Subzone |
A |
Adams County |
XYZ Company 567 Main Street Anywhere, PA 50001 |
25 |
Usage-driven |
2 |
Adams County |
ABC Company 89 10th Street Anytown, PA 50002 |
5 |
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Other Requirements
CBP Automated Systems Requirements: For the proposed new sites, do you commit to working with Customs and Border Protection, as appropriate, to meet current and future CBP automated-systems requirements (such as ACE) and to meet any CBP security requirements related to activation?
Please state that the applicant is aware that FTZ status would not exempt any site or party (e.g. operators or users) from any Federal, state or local environmental requirements.
General Attachments
Legal Authority to Apply (see Question 2)
Support from Local Organizations (see Question 5)
Expressions of Interest (Question 8)
Service Area Correspondence (see Question 10)
General Maps (see Question 11)
Application for the Establishment of New General-Purpose Foreign-Trade Zone
Under the Alternative Site Framework
PART TWO -- SITE-SPECIFIC INFORMATION FOR MAGNET SITES
This section should be filled out separately for each magnet site. Attach any documents needed for Questions M13 and M14 (and M15, if applicable) directly behind the copy of this section for each site.
Indicate the site's distinct identifying number: _________. This number should tie to your site table in Question 12 in Part One of the application.
List the site's street address, including city/town:
List the total acreage within the proposed site's boundaries: __________.
Explain if the site is within the boundaries of the CBP port of entry (as listed in Question 9 in Part One of the application). If not, indicate how many miles the site is from the outer limits of the CBP port of entry. If the site is beyond 60 miles from the outer limits of the CBP port of entry, provide the driving time from the outer limits of the port of entry to the site.
Indicate the type of site (port, industrial park, warehouse complex) and its current zoning. Where applicable, provide a summary description of the larger project of which the site is a part, including type, size, location and address. (Note: Sites (or areas within a site) with inappropriate zoning - such as agricultural, retail, or residential – are not eligible for FTZ status and should not be included in any FTZ application.)
Describe the proposed site’s:
existing and planned buildings (including square footage)
existing and planned activities
whether the site is master planned
projected timetable for construction and activation
possibilities and plans for future expansion of the site.
List the companies that currently occupy the site:
Briefly describe the transportation infrastructure serving the site, including its ties to the broader regional/national transportation system:
Explain how the site will be general purpose in nature (in other words, will accommodate multiple companies’ use).
Briefly describe the physical security measures that will be used for the proposed site in order to meet CBP requirements.
Confirm that FTZ designation or the use of FTZ procedures is not a requirement or a precondition for future activity or construction at the site.
List the owner(s). (If the site is not owned by the applicant, then provide a “Site Ownership” attachment with a letter of concurrence from the property owner.)
Attach each of the documents listed below (items M13 and M14, plus M15 where applicable).
A clear and detailed site map showing existing and planned structures. The site boundaries must be outlined clearly in red. Note that if streets or similar landmarks are not legible on the site map, you will also need to provide a detailed street map with the proposed site’s boundaries in red. Any map should be no larger than letter-sized (8 ½” x 11”) and clearly labeled, with legends provided for any markings.
Signed letters of intent from firms considered prime prospects for use of this particular site.
If your state (such as TX, KY, AZ) has one or more taxes for which collections will be affected by the proposed FTZ designation of the new site:
attach an explanation of the specific local taxes that will be affected; and,
attach correspondence from all affected parties (such as a local school board) indicating their concurrence (or non-objection) regarding the proposed FTZ designation.
Application for the Establishment of New General-Purpose Foreign-Trade Zone
Under the Alternative Site Framework
PART THREE -- SITE-SPECIFIC INFORMATION
FOR SUBZONES OR USAGE-DRIVEN SITES (If Applicable)
This section should be filled out separately for each proposed Subzone or Usage-driven site in a manner consistent with the instructions above. Attach any documents needed for Item K (and Item L, if applicable) directly behind the copy of this section for each subzone or usage-driven site.
Indicate the site identification applying to the site: _________. This letter/number should tie to your site table in Question 17 in Part One of the application.
List the address of the site, including the jurisdiction in which the site falls (town, city, county).
List the site's proposed acreage __________.
Explain if the site is within the boundaries of the CBP port of entry (as listed in Question 9 in Part One of the application). If not, indicate how many miles the site is from the outer limits of the CBP port of entry. If the site is beyond 60 miles from the outer limits of the CBP port of entry, provide the driving time from the outer limits of the port of entry to the site.
Indicate the company for which the site(s) will be designated.
Indicate the company’s planned activities (for example, distribution or production activities and the types of products involved).
Indicate the current zoning and the existing and planned buildings (including square footage) for the site(s). (Note: Sites (or areas within a site) with inappropriate zoning – such as agricultural, retail, or residential – are not eligible for FTZ status and should not be proposed in any MBM request.)
Briefly describe the physical security measures that will be used for the proposed site in order to meet CBP requirements.
Confirm that FTZ designation or the use of FTZ procedures is not a requirement or a precondition for future activity or construction at the site.
List the owner(s). (If the applicant or the company planning to use the site does not own it, provide a "Site Ownership" attachment with documentation demonstrating the right to use the site. Such evidence could be a signed letter from the proposed operator on its letterhead attesting to its right to use the property or a letter of concurrence from the owner of the site(s).)
Attach the documents listed below (Item K, plus Item L where applicable).
A clear and detailed site map showing existing and planned structures. The site boundaries must be outlined clearly in red. Note that if streets or similar landmarks are not legible on the sitemap, you will also need to provide a detailed street map with the proposed site's boundaries in red. Any map should be no larger than letter-sized (8 ½” x 11”) and clearly labeled, with legends provided for any markings.
If your state (such as TX, KY, AZ) has one or more taxes for which collections will be affected by the proposed FTZ designation of the new site:
attach an explanation of the specific local taxes that will be affected; and,
attach correspondence from all affected parties (such as a local school board) indicating their concurrence (or non-objection) regarding the proposed FTZ designation.
File Type | application/msword |
Author | Christopher Kemp |
Last Modified By | SYSTEM |
File Modified | 2019-02-06 |
File Created | 2019-02-06 |