What is the purpose of FAR Clause 52 212-3?
The purpose of this clause is to prevent the acquisition by the People of land in the State of the use by private persons without their consent. The amendment is based on the view of Lord Devlin that the purpose of Section 52 212-3 is to protect persons who own land outside the State, not to protect persons who have an interest in that land and may acquire it under a compulsory acquisition order. We must then conclude that the purpose of Section 52 212-3 is to protect persons who own land outside the State. The purpose of Section 48 is for protecting the interests of persons who own land in the State. The purpose of Section 58 is for protecting the interests of those in the region, which have vested interests in the region. In my view the purpose of Section 52 212-3 is to prevent acquisition of land without the consent of the owners by the State without compensation to them in the form of development of such land. We must therefore follow Lord Devlin's view. If the acquisition does not go beyond the area of use by private persons without their consent, the acquisition is lawful under Article 356, and an acquisition of this kind is not only permissible but a permissible one under the provisions of Article 356. Article 356 does not provide for a specific form of compensation.
As far as the meaning of development depends on Section 48, it must be concluded that development as contemplated by Section 48 was the development of the whole of the land in the region.
I now turn to the question of liability. There is no controversy as to the fact as to which of the parties to the land deal is liable for the compensation under Section 48 and there is no dispute on whether that party may not demand compensation under Section 292. But the issue of liability in respect of the land has been raised. The only point in dispute is, does liability on the part of the owner of the land arise if he is aware of the construction being made by the builder? If we agree with the contention of the Attorney General that if there is any construction on the property, then the owner is liable, then the parties were in possession of the property for the purposes of the law of ownership. The law of ownership then stands that the owner is liable if he has knowledge of that construction, but there would still be a liability on the part of the owner if a court were to come to the conclusion that the person in possession of the land was not aware that the construction was being made.
Who should complete FAR Clause 52 212-3?
A. Any person who is able to do so without compromising their security clearance position is eligible for a clearance for the FAR Clause 52 212-3.
B. Any person seeking a clearance under the FAR Clause 52 212-3 must demonstrate to the agency's satisfaction that they represent a threat to U.S. national security.
C. The decision to grant a clearance is based on the overall risk of an individual's involvement in foreign intelligence, counterintelligence or sabotage on behalf of a foreign power.
D. The agency must be satisfied that the individual's involvement with a foreign power is confined to the conduct of that individual's profession and activities for a foreign power.
E. A foreign power cannot pose more of a threat to U.S. national security than a U.S. person acting with the intent and knowledge to commit espionage against the United States.
F. A foreign power does not include a nation state, an international organization, or any international terrorist organization.
G. A foreign power may not be a foreign government; nor a national of a foreign government; nor, in the case of a U.S. national, a citizen of a foreign nation.
H. A U.S. person or a U.S. person operating under a foreign power's direction does not present a greater likelihood of exploitation or risk of coercion or coercion of foreign power than a U.S. person or a U.S. person acting under a foreign power's direction.
I. A person seeking an intelligence classification must provide sufficient evidence and justification to the agency that they possess or intend to possess national security information that requires a position in the U.S. government, not only an individual position, such as civilian government service.
FAR Clause 5
A. General. The authority for EIG approval under this clause is found in Section 454 and, as in Section 421, the only exceptions to which a clearance is required are listed in section 461. The EIG approval process must be complete and valid before the information may be released to an unauthorized person.
B. A person seeking a clearance under this clause may not work or provide support for information pertaining to foreign intelligence, counterintelligence, or sabotage and is subject to verification by the agency of the extent to which they meet the requirements for a clearance under Section 421.
When do I need to complete FAR Clause 52 212-3?
Any of the clauses for completing the FAR are described in sections 52 212-3 and 52 212-1. Section 52 212-3(a) describes the date that the information about an aircraft is to be supplied on the FAA Form 6. Section 52 212-3(b) describes the date that the information is not required to be provided to the FAA; however, the FAA will retain it in administrative files for a minimum of 5 years. Section 52 212-3(c) describes the date that any required information is no longer required for a particular application; however, the FAA does not retain it in administrative files for a minimum of 5 years. Section 52 212-8 describes the date that section 51.13 of this chapter, part 13, subpart E, section 301-1, subpart F, of this chapter, section 212.5 of this chapter, or section 212.51 of this chapter requires that information be supplied.
What if a certificate has an open compliance period that expires before the information is to be provided to the FAA?
You must comply with all the FAR provisions before applying for an extension of your compliance. See “What if a certificate has an open compliance period that expires before the information is to be provided to the FAA?” and “What if a certificate has an open compliance period that expires after the information is to be provided to the FAA?” for details.
What if one year of the information is to be supplied instead of the complete 9-month period?
If one year is longer than your compliance period, you must submit your information on a new date. In any case, provide complete information and copies of any certificates and ratings with information that you have requested be supplied.
What if my compliance date has passed?
File your application for extension of the certificate with the FAA. If no extension is obtained from the FAA within 60 days after you filed your initial application, close your application.
What if I don't have the FAA Form 6 with me when I file my application for extension?
The FAA Form 6 must be filed or attached to an application for an extension. The application must contain: (1) the name and address of the applicant;
(2) a statement that the extension is requested to enable the applicant to obtain the information referred to in the FAR; and,
(3) information on the certificate holder's information return for the period covered by the applicant's current certificate.
Can I create my own FAR Clause 52 212-3?
If you're a developer, and you wish to create your own FAR clause for a product you own, it's simple and inexpensive. You simply need to follow the instructions on this page to prepare your own FAR clause, including adding a specific definition of “furthering the research of space physics.” In fact, it's really that simple.
How do I create a FAR Clause 52 212-3?
You can create your own FAR statement using the instructions in this section. Please be advised that the definition of “furthering the research of space physics” is very restrictive. It can be added to a FAR clause in two ways: (1) by writing it in the exact form of a FAR clause, or (2) by adding the specific definition of “furthering the research of space physics” found in paragraph (f) of this section to the text of the clause. You may find the answers to some frequently asked questions in the following section.
How much does it cost to create a FAR clause?
FAR's are written (as far as you may know) by the Department of Defense (DoD). If you are a developer, it can't be simpler to create your own FAR clause yourself!
Before beginning, please note that creating a FAR clause requires the use of a computer and a piece of paper. It also requires a certain level of expertise. For example, a FAR clause must cover any particular project or project subject that you want to cover. It must not be an open-ended statement that covers many aspects of space physics.
A FAR clause of your own may cost anywhere from several hundred dollars to several thousand dollars. It shouldn't take more than a few days to add one (or several) additional FAR clauses to your products. In addition, developing a FAR clause for your own products takes time, and time is money.
Can I add the terms “of the Department of Defense” to an existing FAR clause?
No! To use the terms “of the DoD” to create a FAR clause, write them directly in the text of the FAR clause. It's much more difficult to add “of the DoD” than to remove it from the FAR clause. (If you'd like to know how an additional term can be added to an existing FAR clause, see this page.
What should I do with FAR Clause 52 212-3 when it’s complete?
When it goes through our process, each statement or paragraph of FAR52 212-3 is a recommendation. It is a statement of principle or mission. It needs to be backed up by sufficient facts. Furthermore, it needs to include sufficient details, like citations or links, before it goes to the National Security Council for final review.
If you think it is an appropriate recommendation for your organization or if you want to ensure that your leaders are aware of it, we encourage you to include the statement, along with the full text of the statement, in your letter requesting a formal waiver.
The full and final text of FAR72 is available on our Website:. If we do not have the full text, you can obtain the text from your national security office.
To help us find the full version of FAR72, call our FOIA Office:. We are able to find the full version of FAR72 by searching, either publicly or internally, or by contacting the State, Treasury, Justice, or Energy Departments. If you are contacting someone in these Departments, please contact their FOIA offices:
### ~~~~ To ensure timely processing, we require that your FOIA request is received no later than 5:00 pm Eastern Time.
Please do not submit a letter seeking a waiver of FOIA's restrictions on the releasing of information about the United States' foreign policy prior to 5:00 pm ET. We cannot respond to these requests any faster prior to the requested time. When submitting a letter, please include your organization's FOIA number, the FOIA name for your requested information, and your name as the applicant. If your organization has an emergency, please include a call or email address, as well as a contact person, and your name. Your request will not be processed if this information is missing or incomplete (in that case, please contact us, and we will correct the information).
If you have other questions, please ask us in the comments section below or e-mail our FOIA Office.
How do I get my FAR Clause 52 212-3?
You can check the state regulations by clicking on FAR/SAR/L. The FAR/SAR/L can be viewed on the Secretary of State's website, click on FAR/SAR/L. You must provide documentation that your vehicle requires any modifications to be considered “exempt.” The information can be found on the Secretary's website.
What if I'm an owner-operator and I can't see my state's FAR?
You have 30 days from the date you received notice of the state's exemption for exempt vehicles. To verify your exemption by contacting your state, log in to your account. You can request an exemption request form by going to the Department of Motor Vehicle website, scroll to the FAR section, and selecting “Click on state” on the FAR exemption section. Once you're on the state's website, locate the state you are requesting your exemptions in. You have approximately 30 days from the date you received notice of their exemption from the state to request it. After 30 days, your request will expire.
What documents do I need to attach to my FAR Clause 52 212-3?
You may make copies of documents, but any additions or amendments to documents you have already attached are not protected by the FAR Clause. The documents you attach need to be originals or copies. Any other document must be identified as an official document or a copy with the signature of the official. If an official does not sign the documents, it would be in the interest of the Government to indicate that the document must have been endorsed by another official.
Can I attach a copy of a contract? What documents do I need to attach to my FAR Clause 52 212-4?
This is also a matter depending on whether a copy of a contract is an original or modified copy. If the modified version is attached, the modified version is also protected by the FAR Clause. You cannot copy an altered document. Your copy of the modified version must be approved by the Secretary of State. We do not issue a license for the modification of the original document. We can, however, make a determination that you are exempt from any fees if it is apparent that the modification has been undertaken by an officer or an officer's authorized servant. Please email our licensing department for more information. The Secretary of State will not have to make a determination because there is no alteration of the original document.
If the copy of the contract has been modified, the FAR Clause will prevent you from using the copy of the contract that was modified without first applying for a license to carry on the trade or business. If the copy is altered and has the same value, then you may, without paying a fee for the license, purchase another copy with the same value of the copy that you have already used.
Can I attach a copy of a contract to my FAR Clause 52 212-5?
This is a matter depending on whether the modified version of a contract is attached, the modified version is also protected by the FAR, and the contract that you have attached is:
an approved contract (FAR)
a contract for the supply of goods or services (FAR Code 7)
An approved contract (FAR)
If the modified version of a contract is attached, but the modified version is also protected by the FAR, and the contract that you have attached is an approved contract (FAR), then it is not necessary to apply for a license to carry on the trade or business.
What are the different types of FAR Clause 52 212-3?
Under a FAR clause, you can be held liable for civil penalties by the FAA and/or the U.S. Consumer Financial Protection Bureau for your violation of the six Cars that we know of and apply in the context of air carriers.
What types of FAR violations are they?
An FAA FAR violation has several elements:
Failure to report violations
Failure to correct violations
Violation of rules for operating within the air carrier's flight plan or operations specifications
Violation of other regulations (such as FAR section 102.11 or FAR 103.23)
For more on these elements, see FAR §52.21 and other section 547 regulations.
What are the FAA's enforcement actions against those who fail to report violations?
We are working with various stakeholders and are trying to educate the public. The FATS pilot program has made a big difference. We know that one-third of the FAA's enforcement actions come from the FAA's pilot training program. But even though there may be hundreds of thousands of FAA Pilot Operating Certification holders, a significant number are not flying because they have not been trained on what are the penalties for violations.
We have worked hard to educate pilots about the severity of the penalties for not reporting their FAA violations.
If I am not a pilot, how can I know what is wrong with my aircraft, and what are the penalties for not reporting them?
The FAA, on behalf of the Federal Aviation Administration (FAA), provides a program on “Facts and Things That Are Not OK on a Plane” with its Aircraft Owners And Pilots' Handbook (APA Handbook).
But first...how do I get this information, and how can I tell if there could be a problem?
If there is a problem with your aircraft, either with a repair or with failure to meet an airworthiness requirement, you need to file a “failure to comply” complaint with the FAA and not directly with the person who took your aircraft apart. It does not matter whether you have just purchased the aircraft, or if the FAA has not actually received a formal complaint.
The FAA's Office of Commercial Air Service Standards (OCS) works closely with the FAA's Office of Enforcement and can help you through issues regarding the repair of the aircraft.
Can I report a violation to the FAA?
We cannot investigate or prosecute violation reports.
How many people fill out FAR Clause 52 212-3 each year?
FAR Clause 52 212-3 is a one-time fill out by a patient who wishes to renew their current membership. It will provide details about the patient's current membership as well as access information on current clinical requirements. In the event a patient wishes to opt out of any or all FAR provisions, a new signed waiver request form is submitted.
What happens if I cannot locate a patient and/or can't fill out the form?
Patients who have left the hospital are not able to sign up, but the hospital staff is able to provide basic information. The health insurance company can then complete the forms to assist the customer with the transaction.
When is the FAR form due back from the insurance company?
Patients are advised to keep all FAR forms current by regularly checking the date the form is due back and checking the insurance company website for policy changes.
What if an insurance company decides to raise policy premiums?
If an insurance company raises premiums, patients are unable to change their membership until a new form is submitted to the insurance company. This process can take anywhere from 1 year to 3 years.
Will my name and/or address be released to the insurance company?
Not necessarily. Your identity and health insurance information is kept confidential for health and safety reasons. Insurance companies are required to conduct a standard background check on all members to ensure the person is fit to be enrolled.
I want to opt out of all FAR provisions. When will this be processed?
This process must be followed to opt out of ALL FAR provisions. The insurance company is required to send out one of three forms: Form 50, 52 or 53 stating that the patient wishes to opt out of the provisions.
I need to have my insurance premiums lowered due to a pre-existing condition, can I do this?
Patients are advised to keep ALL FAR provisions current by regularly checking the date the form is due back and checking the insurance company website for policy changes.
What if my insurance company decides to raise the cost of the patient's health insurance?
If an insurer changes premiums and the patient does not receive notification of the change in their policy, a new waiver request form must be submitted. The insurance company can ask that the patient send a separate signed waiver request form, or the insurance company can have the Form 50 letter sent to you.
Is there a due date for FAR Clause 52 212-3?
And what is the status of the FAR's provisions on the transfer of title of all U.S. citizens to a foreign country?
This is not the first time that we've seen a U.S. citizen transferred out of the country involuntarily to a foreign government. The only way we can get the answer to these questions is a law that is enacted and is enforced by federal, not state, law.
This week, Senate Commerce, Science and Transportation Committee Chairwoman Barbara Minkowski (D-MD) and Subcommittee Chairman Bill Nelson (D-FL) sent a letter to U.S. Department of State and the U.S. Treasury requesting “all records, materials, and communications relating to the State Department's decision to transfer the passport of Charles Ti money in early January 2013 to the Egyptian government.”
The Department of State responded to the senators on the same day by sending a letter to the senators asking for further details and explaining why the passport had not been returned. The Department of State also noted that “the State Department does not release the names or other details of individuals whose passports are permanently relinquished.”
The letter goes on to ask for a date by which the State Department will release the full set of records responsive to the Senate's request, which will include “all written communications, memoranda, briefing notes, and other relevant materials generated by the staff of the Department.”
As I noted in my previous reporting, it is currently illegal to expropriate citizens without due process, as well as in the case of Egypt, to take citizens' property for “political purposes.” And, as I also pointed out, the United States has no control over who transfers its citizens in a “disposition” under U.S. law. In other words, Ti money's passport was only forfeited as a result of the Egyptian authorities seizing it with impunity, a decision made without the notice or oversight of a legislative body (in this case, Congress).
Last year, a U.S. citizen named Nicholas Benjamin was expelled from the United States through an American Embassy action of expatriation. The fact that Benjamin was subject to expatriation, but to a different provision within the Foreign Sovereign Immunities Act, rather than due process, was not widely reported.