FOREIGN GIFTS

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP88B00443R001003850003-5
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
5
Document Creation Date: 
December 20, 2016
Document Release Date: 
August 23, 2006
Sequence Number: 
3
Case Number: 
Publication Date: 
March 29, 1979
Content Type: 
MISC
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PDF icon CIA-RDP88B00443R001003850003-5.pdf620.22 KB
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Approved UNCLA,SSIFIED FpriRlAtiNao06/08/24 Oh W111150003-5 SECREJ : CIA-RDP _ _ vwf ROUTING AND RECORD SHEET SUBJECT: (Optional) PM R710! Foreign Gifts - f-,----77-.----- m*Im'Harry E. Fitzwater ? i EXTENS II O . N Director of Personnel . ? DATE 5 E 58 /- 7/ TO: (Officer designation, room number, and building) DATE OFFICER'S COMMENTS (Number each comment to show from whom RECEIVED FORWARDED INITIALS to whom. Draw a line across column after each comment.) . Executive Officer, DD/A 5 2. 2> Sir: . Associate DD/A With regard to your question concerning the disposition of foreign which have been ' Deputy Director for Administration -377/ gifts reported to the General Services Administration, attached is a copy of the Federal Register which 4. describes the procedures governing the utilization, donation and disposal of such gifts. In sum, Deputy Director of Central Intelligence 4,9;3 ti" procedure is as follows: '4 \ 1) The items are offered to . other Federal agencies for display (?101-49.202), Director of Central Intelligence or 2) Donated to public agencies and non-profit educational . and public health organiza- tions for public display (101749.301), or . , 3) Sold by competitive bids or negotiated sales. The to. employee recipient of a gift who indicates an interest in the 11. purchasing item will be given an opportunity to participate in (?101-49. 12 such sales 401). the Office of 13. According to Protocol, Department of State, it may be 6 to 12 months before any Agency 14. notification is given the regarding disposition of the gifts reported to c 15. Att _ar .h. Przware ---------- FORM 61 0 USE PREVIOUS 3-62 EDITIONS 0 SECRET 0 CONFIDENTIAL y Approved For RPIPASP 9onAtnR/94. ? riA DnD 0 UNCLASSIFIED Approved For Release9M156/dtiV4F:ibggE300443R001003850003-5 You Abated mail or deliver ;Loy payment for services to the Admin- hns..tive Office, Council on Davison- :eons.] Quality, 722 Jackson Place NW., ei=hington. D.C. 20006. (f) A receipt for fees paid will be elven upon request Refunds of fees paid for ecreices actually rendered iil not be matte. -. (g) The Cenincli may waive all or part of any fee provided for in this section ellen the Freedom of Information Officer tor designee) deems it to be in either the Comfit's interest or in the general pub- _ 1ic's interest. ie3.?oc_77-3714.2 Tiled 12-29-n1345 ani] ? I 682C-24 Title 41?Public Contracts and Property Ma nagnment CHAPTER 3.01--FEDERAL PROPERTY IAANAGE.MENT REGULATIONS ? tuscakrirrit re--uvula-trim( AND orsPosm_ e FART 101-19- AJTILIZATTON. DONATION, ?? ? Aett) DISPOSAL Of FOREIC.N GIFTS AND ; DECORATIONS mianing ,of .seePAPithdorifiFtik@aSe(gPREV114digekkIUT PPP4iPtqchiPANNA9A-111 Who presented .4), teenal elevenue.Code of 1954) of such gifts and decorations when reported to 'other than a spouse or d SA by the employing agency by: pendent who is an employee under (a) (1) Transfer to Federal agencies; through (1), above. (2) Donation for public display or ref- erence purposes; (3) Sale with the approval of the Sec- retary of State; or (4) Destruction. ? 101-39.102 Care and handling. Each employing agency shall be re- sponsible-for and heat the _cast ot nee- forming care and handling of gifts and decorations pending dispas tio sno-TrTi irorn men` plusica ? 10 l -49.103 Information on avail- ability for Federal utilization or do. ? nation. GSA will provide information on the availability of gifts and decorations when reported to GSA to Federal agen- cies and appropriate State agencies for surplus property that request such in- formation- ? 101-49.104 Cooperation of employ- ing agencies. Employing agencies shall cooperate fully in the inspection of gifts and deco- rations in their custody and in providing assistance in pickup and shipment upon receipt of GSA-approved documentation. ? 101-19.001-2 Foreign government. "Foreign government" means: (a) Any unit of foreign gove-rnmental authority, including any foreign na- tional, State, local, and municipal gov- ernment; (b) Any international or multina- tional organization whose membership is composed of any unit of a foreign gov- ernment described in (a), above; and (c) Any agent or representative of any such unit or such organization, while acting as such. ? 101-49.001-3 Cal. "Gift" means a tangible or intangible present (other than a decoration) ten- dered by, or received from, a foreign gov- ernment. ? 101-49.001-4 Decoration. "Decoration" means an order, device, medal, badge, insignia, emblem or award tendered by, or received from, a foreign government. ? 101-49.001-5 Minimal value. "Minimal value" means a retail value In the United States at the time of ac- ceptance of $100 or less, except that: (a) On January 1, 1981, and at 3-year intervals thereafter, "minimal value" will be redefined in regulations prescribed by the AdmLnietrator of General Services, In consultation with the Secretary of State, to reflect changes in the consumer price Index for the immediately preced- ing 3-year period; and (b) Regulations of an employing agency may define "minimal value" for its employees to be less than the value provided under this section. ? 101-49.001-6 Employing agency. "Employing agency" means: (a) The - Committee on Standards of Official Con- duct of the House of Representatives, for Members and employees of the House of Representatives, except that those re- sponsibWtles specified in 5 U.S.C. 7342 (c) (2) (A), (e), and (g) (2) (B) shall be returned to the donor shall be reported carried out by the Clerk of the House; to GSA within 30 calendar days after (b) The Select Committee on Ethics deposit of the gift or decoration with the of the Senate, for Senators and em- employing agency. Tangible gifts and ployees of the Senate; decorations which have been retained (c) The Administrative Office of the for official use and have not been re- United States Courts, for judges and turned to the donor shall be reported to judicial branch employees; and GSA within 30 calendar days after ter- mination of the official use. Gifts-and (d) The department, agency, office, or decorations shall be reported on Stand- other entity in which an employee is ard Form 120, Report of Excess Personal employed, for other legislative branch Property (see ? 101-43.4901-120), to the employees and for all executive branch General Services Administration (3FW), employees. Washington, D.C. 20407. The Standard Subpart 101-49.1---General Provisions Form 120 shall be conspicuously marked "Foreign Gifts and/or Decorations" and include ,the following information: (1) The name and position of the em- ployee recipient; (2) A full description of the gift or decoration; (3) The identity, if known, of the for- elan government and the name and peasi- ? 101-49.105 Appraisals. Employing agencies will be required to or decoration; ) The estimated value In the tr", States of the gift or decoration at time of acceptance, or the apereL.'"C" value, if known; (5) The current location of the elft..1:x (6) The name, address, and teleekelgal; number of the responsible accoual official in the employing agency; atd . (7) An indication whether the ployee recipient :_ interested in part: pating in the sale of the gift or decea- tion if it is sold by GSA. (b) Gifts and decorations received the President or a member of the Pre, dent's family will be reported to General Services Administration (la Washington, D.C. 20408, using St.snd " Form 120, completed as described inf32* above. (c) The Central Intelligence Agen2 may delete the information required (a) (1) and (3) of this section it tl= Director of Central Intelligence certite-s- in writing to the Secretary of State b the publication of such informatiem could adversely affect United States tr44 telligence sources. decoration; : ?101-49.201-t% Gifts ay d clercratioita not to be reported. . (a) The following gifts and decree ons shall not be reported to GSA: re (1) Tangible gifts valued at $100 tc4 less. (See ? 101-49.205.) ie !el appraise specific gifts and decorations . (2) Decorations which are retained bt when requested by GSA. the employee recipient with the aPProvv, ? .tra Subpart 101-49.2--Utilization of Foreign of the employing agency. Gifts and Decorations th (3) Gifts and decorations retained ti e employing agency for official use, es- ? 101-49.200 Scope of subpart. cept upon termination of the official us- (4) Gifts and decorations returned t4. This subpart 101-49.2 prescribes pol- icies and procedures governing the utili- the donor. (5) Intangible gifts, such as check- Government zation and transfer within the Federal money orders, bonds, shares of stock, seal 2 Government of foreign gifts and deco- rations. other securities and negotiable instne g ments. (See ? 101-49.206.) I ? 101-49.201 Reporting. (6) Cash, currency, and monies, except tt - ' ? 101-49.201-1 Cite- - snd cleo)rations those with poss:ble lalathric or numb. 1 ......; required toile rep - mane value. (See- ? 101-49.2063 .orted. - (b) Gifts and decorations covered 171 (a) Except as provided in ? 101-49.- (a) (2), -(3), and (4), above, will he 201-2, tangible gifts and decorations handled in accordance with employing which are not retained for official use or agency regulations. - ? 101-49.101 Cusiode of gilts and dee- orations. (a) GSA generally will not take phy- sical possession of gifts or decorations governed by this part. Such gifts and decorations Shall remain in the custody and be the responsibility of the employ- ing agency. 1 ? 101-49.202 Transfers to oilier Fed- eral agencies. (a) Gifts and decorations will be madel available for transfer for a period of 601 calendar days following redeipt by GSA specified in ? 101-43.315-1. Transfers willi of the Standard Form 120 to activities be made as deemed appropriate by qSA.1 generally on a first-come-first-served1 1 basis. . . 'i (b) Transfers will be accomplished bi t. submitting for approval a Standard i Form 122, Transfer Order Excess Per- ' sonal Property (see ? 101-43.4901-122), or . any other transfer order form approved by GSA, to the General Services Admin- ? istration (3FW), Washington, DC 20407.' The Standard Form 122 or other transfer ' order form shall be conspicuously ! marked "Foreign Gifts and/or necora-; tions" and include all information far- nished by the employing agency as spec- ified in ? 101-49.201-1(a). FEDERAL REGISTER, VOL 42, NO. 251?FRIDAY, DECEMBER 30, 1977 Aporoveri For RPIPAcP 7nnR/n5/94. ? riA_pn ? 5'5 ? ? II AA sank ? Approved For RelegY60664/b84"1.-tiAlcilltP88B00443R001003850003-5 6.173 49.2113 ?Ceste ineident to transfer Stn. ? ency. The Standard Form 12 transfers of gifts and decorationsi slit prepared and dtstributed in en : made without reimbursement, e_x- let direct cords Inctireed by the em- e ag('ney In actual packing, Dnep- c for chipment, loading, and trtir_s- iou may be recovered by the em- s egency from the transferee .; if oilied by the employing agency 101-43.317-1). cordance with the instructions in ? 44.4901-123-1 and shall ne conepicuoi marked "Foreign Gifts and/or Deco tions." 3 VI of ?t - VI or th vil Rights Act of 1964, title eral Property and Adminis- 01- trative Services Act of 1949, as amended, isly and section 504 of the Rehabilitation Act ra- of 1973, AS amended. (g) During the period of reetriction, the donee shall make no attempt to pledge, assign, lease, sell, dispose of, or ill transfer title to the gitf or decoration, ble directly or Indirectly, or do or allow any- thing thing to be done which would cause the gift or decoration to be seized, taken into execution, attached, stolen, damaged, or destroyed. (h) In the event the donee no longer desires to use the gift or decoration for public display or reference purposes as provided in this section during the period of restriction prescribed in (c), above, the donee shall notify the General Serv- ? ices Administration (3FtV), Wa.shington, D.C. 20407, through the State agency and, upon demand by GSA, title and right to posse.ssion of the gift or decoration shall revert to the U.S. Government. In such event, the donee shall comply with ? transfer or disposition instructions fur- nished by GSA through the State agency, with costs of transportation, handling, and rein:ma-Ile insurance dorinir tons- portation to be paid by the donee or the Government as directed by GSA. (i) Upon the donee's failure to comply with any of the above conditions. GSA may demand return of the gift or decora- tion, and upon such demand, title arid . right to possession of the gift or decora- tion shall revert to the U.S. Government In such event, the donee shall return the gift or decoration in accordance with in- structions furnished by GSA, with costs et transportation, handling, and reason- able insurance during trimseortatIon to be paid by the donee or the Government as directed by GSA. _ ? 101-49.305 Costen icident to donation. e Costs incurred incident to donation of C gifts and decorations shall be handled In accord:Ince with 1 101-e4.101.. e ? 101-19.306 .Willidrewal of donable gifts zund decornt lons for Federal UI kin, ? 101-49.303 Allocation. Allocation of gifts and decorations w be made by GSA on a fair and equita hasis for the maximum public benefit, .19.201 Cifts and decorations no Eligible donees may be requi- -xi to sup- arm- ree Hired by transferee agency, port requests for 'gifts or decorations ? and decorations no longer re- with written justification. The following by the transferee agency shall be will be considered by GSA In effecting ed as provided in ? 101-49.201-1, allo:ation and transfer of gifts and decorations among the States: 49.205 Dispeaal of tangible gifta dur.lut $100 or less. (a) Requests submitted through a State agency for a specific gift or decora- 31ble gifts valued at $100 or less nozi when the donee requesting the item e returned to the employee rocipi- has an association or relationship to the - disposed of by the employing employee raciplent: Suer a request may , in accordance with ? 101-49.406, be further supported by a letter from the 49.206 Deposit of intan employee recipient;ible gifts (b) Significance of the gift or decora- a-1 monies with the Department of ic Treasury. tion to the requesting donee; (c) Requests submitted through a eglble gifts and cash, currency, State agency by public museums; 1:)3!es not required to be reported (d) Quantity and value of the gift or hall be deposited with the De- decoration; ol the Treastuy by the emPloYe (e) Prior receipt of similar items; :.krid - !nu in accordance with applicable (1) Other criteria as deemed appro- nd regulations. print by GSA. art 101-19.3?Donation of Foreign ? 101-49.304 Conditions of donation. Gifts and Decorations The State agenzy shall require the -19.300 Scope of subpart. donee to agree, in writing, to the follow- . Subpart 101-49.3 prescribes pol- Ing sPecial handling Conditions and use Id procedures governing the dons- limitations imposed by GSA on the dona- gifts and decorations to tion of gifts or decorations: anencies and nonprofit educe.- (a) The donee, at its expense, shall be end public health Institutions and responsible for making arrangements for tions for public display purposes and removing the gift or decoration and k the case of books or manuscripts, for packing, handling, and reasonable !Ale display or reference purposes, insurance and transportation costs as- sociated with the removal, gifts ond (b) The gift or decoration shall be used for public display purposes and, in th case of books or manuscripts, for publi display or reference purposes Fit such - times and in such manner as other sirni lar items are displayed or used In th donee's exhibition or reference rooms The gilt or decoration shall not be used for the personal benefit of any individ- uaL (c) The donee shall place the -gift or decoration into use for public display or reference purposes within 12 months fol- lowing receipt and use the gift or decora- tion in accordance with this section for a period of restriction of 36 months after being placed In use. (d) The donee shall comply with all additional restrictions covering the han- dling and use of any gift or decoration imposed by GSA. (e) To determine whether the donee is complying with the conditions of the donation, the donee shall allow the right of access to the premises at reasonable times for inspection Cl the gift or decora- tion by duly authorized representatives of GSA or the State agency. (i) The use of the gift or decoration 19.301 Donation of Gifts end decorations for which t re Fe.deral requirement as deter- by GSA will be made available at scretion of GSA to appropriate egencies and nonprofit educational ?blic health institutions and orga- irn for a period of 21 calendar days ng the period of Federal utiliza- , provided in ? 101-49.1302(a). Donations of gifts and decorations made for public display pur- oici, in the case of books or menu- ., for public display or reference ns. Donations will be made in ac- ice with Subpart 101-44.2, except arwise provided in this Subpart 19.302 Iteir.c..ts 1.y polilie agen- r:. timl nonprofit Cam-00031A and oldie health institutions and nrga- zr.tio.k.s. ations of gifts and decorations to ngen ies and nonprofit educe- and public health institutions and Lallans will be accomplished by jag for approval a Standard Form :ransfer Order -Stirplus Perzonal Gifts and decorations set aside or ap- proved for donation may be withdrawn for Federal utilization in accordance with ? 101-44.101. ? 101-49.307 Donation of gifts and dec- orations withdrawn from sale. Gifts and decorations which are being offered for sale may be withdrawn and approved for donation in accordance with ? 101-44.107. Subpart 10l-49.4--Sal e or Destruction of Foreign Gifts and Decorations ? 101-19.4013 Scope of subpart. This Subpart 101-49.4 prescribes poli- cies and procedures governing the dis- posal by sale or destruction of foreign gifts and decorations which GSA has determined are not needed for Federal utilization or donation., shall be conducted in compliance with all ? -ty (see ? 101-44.4901-123), to the the requirements imposed by GSA rogu- e' Services Administration (3F1V). nations (Subpart 101-6.2 and ? 101.44.- ngton, D.C. 20407, through the 118) issued under the provisions of title 101-49.401 Sale of gifts and decora- tions. Gifts and decorations shall be sold by ompetitive bid sales or negotiated sales FEDERAL REGISTEI, VOL. 42, NO. .2517?FRIOAY,. DECEMBER 30, 1977 A Min.!SAA PSI II 1 III - tee :nteng tenet. neft-r to Inc teeieol contenee ae the End ntage Itenal netene }. act;.itya240.0..efftliefic F thitmitrt#806,08/24n:t esi AIR Dizggeow414RIstomix) e part ;01-49 4. The employee a- gilt or decor/neon who i an Interest in purchasing the item will, to the extent feasible, be given an oppor- tunity to participate in the sale of the Item. ? 101-49.402 Approval of sal,..4 by the Secretary of State- The apprrnal of the Secretary of State L? his designee shall be obtained prior to offering any gift or decoration for sale. ? 101-49.403 Responsibility for saIe. F.;cfrprovided as M_..419. GSA will be ;.i.????/?y?r"g?,eof gifts and decorations. Sales will be con- ducted by or at the direction of the Gen- eral Services Administration (3FW). Waelaington, DC 20407. Employer-4 agen- cies thall cooperate fully with GSA in the sale of gifts and deceraticos in their custody. - A 10/?.49.404 rroceeds from The 'gross proceeds from the sale of gifts and decorations shall be deposited In the Treasury a., miscellaneous re- ceipts, unless otherwise authorized by law or regulation: n 101-49.405 M.A./ruction of gifts and decorations. Gifts and decorations which are not sold pursuant to this Subpart 101-49.4 may be destroyed and disnased of as scrap or for their material content. ?.101-49.406 Sale or flestruct ion of tangible gifts valued az $100 or Employing agencies are hereby dele- gated authority to sell or destroy tangible gifts valued at $100 or less in accordance with this Subpart 101-49.4. Norm The General Services Administra- tion haa determined that this document does not contain a mal:..r proposal requiring preparation of an Inflation Impact State- ment under ectitive. Order 11821 and OMB Circular A-107, - Doc.77--!i7051 Filed 12-29-77;&:45 am] .cxcei.t provid r. . is forcement and Safety Administrat tO 40 lent of find the correct page number. tes 4110-87 ] Title 42?Public Health CHAPTER !---PUBUC HEALTH SERVICE, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE CENTER FOR DISEASE CONTROL NA- TIONAL INSTITUTE FOR OCCUPA- TIONAL SAFETY AND HEALTH Mining Safety; Respiratory Protective Devices CROSS R.EFER1U4GE: For a document on respiratory protective devices for miners, jointly issued by the Mining Enforce- ment and Safety Administration, /rite- rthr Department, and the National Instn? tute for Occupational Safety and Health, Health, Education, and Welfare Depart- ment, see FR Doc. 77-37124, which ap- pears under Title 30 in the Rules and Regulations section of this PEDERAL Rene (4110-35] CHAPTER IV?HEALTH CARE FINANCING ADMINISTRATION, DEPARTMENT OF HEALTH, EDUCATION. AND WELFARE SUBCHAPTER B?MEDICARE PROGRAM PART 405?FEDERAL HEALTH INSUR- ANCE FOR THE AGED AND DISABLI-J Subpart E--Criteria for Determination of Reasonable Charges; Reimbursement for Services of Hospital Interns, Resi- dents and Supervising Physicians CRITERIA TOR DETERMINATION OP REASON.. ABLE CMARGES UNDER TILE END-STAGE RENAL DISEASE PROGRAM AGENCY: Health Care Financing Aa- ministration (HCFA), HEW. ACTION: Final tegulation. SUMMARY: This regulation specifies the criteria for determining reasonable charges under the End-Stage Rena] Dis- ease (ERD) program. It applies to serv- ices of free-standing (non-provider) renal dialysie facilities and of physicians caring for petients who are on mainte- nance dialysis, or are receiving self- dialysis training, or receive a kidney transplant. The regulation retains, with a few, modefications, the version pf 20 CFR 905.502(e) which appeared in the notice of proposed ruleneking, published in the Frezaer. P.m-re:ea. on November 9, 1976 (41 FR 40499). However, section 405.- 502(e) has been divided into new, sepa- rate sections. In the final regulation, sec- tion 405.502 (e)- is a short, general provi- sion on determination of reasonable charges. Section 405.541 (old section 405502(e) (1)) carers criteria for deter- mination of reasonable charges for non- provider renal dialysis facility services. Section 405.542 (old section 405.502(e) (2)) pte? ealna to criteria !or detern_ina- tion of reesenahle charges for pleysiCi21215. services rendered to renal dialysis pa- tients. Section 405.543 (old section 405.- 50e(e) (3)) includes criteria for determi- nation of reasonable charges for physi- cians' renal transplantation services. And section 405.544 (old section 405.502 (e) (4)) states criteria for determination of reasonable charges far durable medi- cal equipment and supplies for home di- alysis. EFFECTTVE DATE: This amendment shall be effective on December 30, 1977. Section 553(d) of the Administrative Procedure Act permits an immediate ef- fective date when good cause exists. This regulation puts in final form, with cer- tain minor changes, criteria on reason- able tharge determinations published as an NPRM on November 9, 1976. Under the terms of a recent order of the United States Court of Appeals for the District of Columbia.. the Department cannot mi-, plement its reimbursement policies under 3:-.40100zi-tfter Jaituary lien. they are set forth in regniateca. euently, an immediate et:reeve required in order to assure cornie the Department's admtonroo ESRD Program. FOR erteteTHER INFORNIAT7ON TACT: Milton N. Cikins, Branch Cue gram Policy, Medicare Burette, Care Financing Administraen East High Rise. Baltimore, Md. telephone 301-594-5400. SUPPLEMENTARY INFORM!- This regulation, formalizes a:nen tive guidelines which have bete 2 since the outset of the End Stage -Disease program. The ? guideline neared in. intermediary instrueelz sued by the Medicare Bureau (fel Bureau of Health Insurance). or 29, 1973 the Department publish interim regulation in the Prereet I TER (38 FR 17210). The Interim r tion consisted of a short, simple ed the Department continued to 871 administrative policy guideliwe- the United States District Court 1. District of Columbia ruled. in SeeA 1976. that tin DEpartment could force its admInistraUve guidani cause they had not been subjected rulemaking requirements of the Ai istrative Procedure Act, the Detest published a notice of proposed rult Ing (NPRM) on Noe-embe.: 9,3_976 ( 49499). The NPRM set forth s tee tennive version of 20 CFR 405.5e2(1 essence, it incorporated the heroin ttirLlove Policy Guidelines into the ec Prreizo Coereezirr On NOTICE or Pee ? Ronemaereic Interested parties were given 66 from the date of publication of the 1 of proposed rulemaking in which it mit any data, -Views or arguments I on. Nineteen individuals ard gree* sponcied to the proposed nneme Many of them commented on more one Issue. Almost all addressed thC visions &e)ing with reimbtueenee non-provider renal dialesis Jinn while about half addressed the provi concerning physician's reimbunce We have made several changes ix proposed regulations, based on he. ments received_ We have also ;nada eral minor and technical changes were not mentioned in the comment received. These include a rentunberir the sections of the regulation, the technical changes concern section t 502(e) (2) (1) (which is now sectionf 542(a)), section 405.502(e) t2) (i which is now section 405.542(a) (1)), ticn .405.502(e) (2) (ii) (which is new tion 405.542(b)), and section 4C5.50 (2) (i1) (c) (which Is now section 4e1 (b) (3) and are summarized below to discussion of reimbursement of Pt clans' services. Several comments were sebote dealing with issues which 4edetenel FEDE-itAL FliiGfiSTER, VOL 42, O. 251 ?fltIDAY, DECEMBER' 30, 1477 " ?A TO