FOREIGN DONATIONS AND LOANS
What is a foreign donation or loan and who must it benefit?
The NIH allows for the limited donation or loan of excess (unneeded) property to foreign entities (individuals and organizations) as permitted by federal regulations and Public Law 93-353. Donations or loans are only permitted when they will clearly benefit the health of the United States public. Foreign loans/donations cannot be foreign aid (i.e. a gift to help a lab/institution/hospital/humanitarian institution with limited funds) or the like. New property for foreign loan or donation purposes cannot be purchased. NIH does not have delegated authority from the U.S. Congress to provide any foreign aid to other countries. Providing foreign aid is illegal.
What is excess (unneeded) property?
Excess (unneeded) property is property that HHS no longer requires for performance of any of its activities by any of HHS' agencies. ICs should note that, any internal HHS requirement legally overrides any foreign or domestic loan or donation request. PMB may screen these donations with NIH and other HHS components to ensure that no internal requirement exists.
How do I know if my property qualifies as excess property? How can I start the foreign donation/loan process?
When PMB receives your written donation or loan request, the property will be screened throughout NIH for the appropriate time as required by the Federal Acquisition Regulation. If the property is not required during the screening process, then the written request will continue through the foreign donation/loan process until it is approved or denied. To begin the foreign donation/loan process, the initiating NIH activity must complete NIH Form 2489_1 Record of Loan/Donation of Personal Property to Foreign Countries.
How do I complete NIH Form 2489_1 Record of Loan/Donation of Personal Property to Foreign Countries?
IC personnel must complete blocks one through eleven of the form. Block five must specify the name of the receiving individual (and not an institution) in order to be processed. The justification for foreign donation or loan (block seven) of federal property must specifically state the benefit to the U.S. Public Health. Block seven must include and finish the following statement:
"This loan/donation will benefit the U.S. Public Health by......."
This completed statement must be included in order for the form to be processed. [NOTE: Please remember that foreign loans/donations cannot be foreign aid (i.e. a gift to help a lab, institution, hospital, humanitarian institution or the like) which is illegal. NIH does not have delegated authority from the U.S. Congress to provide any foreign aid to other countries. The Property Management Branch must return requests without justification or requests that do not clearly explain the benefit to the health of the US public.]
What do I do after I have completed blocks one through eleven?
After completing the blocks and obtaining all signatures as indicated, forward the original documentation to:
Christopher J. Batzel, Sr. Supervisor
Property Re-Utilization and Disposal Section
Property Management Branch,
National Institutes of Health, MSC 3350
800 E Gude Dr Suite E
Rockville MD 20850
How long will processing take after I send the form to Division of Logistics Services, Property Management Branch?
Once received by Division of Logistics Services, Property Management Branch, processing through NIH management typically takes about three weeks.
What should I know about the foreign donation process?
Approvals and Denials
Foreign donations can and have been denied. Do not ship any federal property prior to receiving donation/loan approval from PMB. The Personal Property Section will not process foreign donation/loan documentation if the property has already been shipped and is no longer at the NIH. Processing foreign donation/loan documentation after the fact is illegal.
Foreign Donation/Loan Shipping Costs
In general, the shipping cost for a foreign loan or donation should be borne by the recipient of the loan or donation and not the NIH IC. Shipping cost responsibility will be evaluated for each donation on a case-by-case basis.
What happens after the form receives NIH approvals?
Once all approvals have been received, the appropriate NIH offices will be notified and documentation provided. Property to be donated or loaned may then be shipped.
How should the approving paperwork be managed?
If the approval is for a foreign loan, the IC property or donating lab personnel should keep all approval documentation for reconciling future inventories (and as proof that the property is not lost or stolen). If the approval is for a foreign donation and accountable, decaled property is involved, you must contact PRDS. PRDS must transfer the decal number to a designated custodial code to remove the item from your responsibility and from the IC's inventory listing. This will help you and the IC avoid accountability problems in future inventory inspections. Contact PRDS at 301-496-4247 for additional information about this process.
Who should I contact if I have other questions on the foreign donations/loans process?
Any additional questions that you may have in this area can be addressed by Sr. Christopher J. Batzel, who can be reached at [email protected] or (301) 402-5044.
How can I search for excess government property that I want to purchase for my own personal use?
There are several government websites that can be used as resources when trying to find excess government property that you want to purchase for your own personal use. PRDS does not process sales of government equipment.