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22 U.S.C. § 2197 — General provisions relating to insurance, guaranty, financing, and reinsurance programs
Federal law — U.S. Code and appendices · legal_authorities
**(a) to (f). Repealed. Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513**
**(g) Fraud or misrepresentation** No payment may be made under any guaranty, insurance, or reinsurance issued pursuant to this subpart for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible.
**(h) to (k) Repealed. Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513**
**(l) Convictions under Foreign Corrupt Practices Act of 1977; prohibition on payments for losses resulting from unlawful activities; suspension from eligibility of receipt of financial support**
(1) No payment may be made under any insurance or reinsurance which is issued under this subpart on or after April 24, 1978, for any loss occurring with respect to a project, if the preponderant cause of such loss was an act by the investor seeking payment under this subpart, by a person possessing majority ownership and control of the investor at the time of the act, or by any agent of such investor or controlling person, and a court of the United States has entered a final judgment that such act constituted a violation under the Foreign Corrupt Practices Act of 1977.
(2) Not later than 120 days after April 24, 1978, the Corporation shall adopt regulations setting forth appropriate conditions under which any person convicted under the Foreign Corrupt Practices Act of 1977 for an offense related to a project insured or otherwise supported by the Corporation shall be suspended, for a period of not more than five years, from eligibility to receive any insurance, reinsurance, guaranty, loan, or other financial support authorized by this subpart.
**(m) Notification of countries of environmental restrictions on certain activities**
(1) Befo
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Source file: Laws/federal/codes/united-states-code/title-22/section-2197-general-provisions-relating-to-insurance-guaranty-financing-and-reinsura--006d42426a.md
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Source location: Title 22, Chapter 32, § 2197; chapter-032-foreign-assistance.md
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**(a) to (f). Repealed. Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513**
**(g) Fraud or misrepresentation** No payment may be made under any guaranty, insurance, or reinsurance issued pursuant to this subpart for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible.
**(h) to (k) Repealed. Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513**
**(l) Convictions under Foreign Corrupt Practices Act of 1977; prohibition on payments for losses resulting from unlawful activities; suspension from eligibility of receipt of financial support**
(1) No payment may be made under any insurance or reinsurance which is issued under this subpart on or after April 24, 1978, for any loss occurring with respect to a project, if the preponderant cause of such loss was an act by the investor seeking payment under this subpart, by a person possessing majority ownership and control of the investor at the time of the act, or by any agent of such investor or controlling person, and a court of the United States has entered a final judgment that such act constituted a violation under the Foreign Corrupt Practices Act of 1977.
(2) Not later than 120 days after April 24, 1978, the Corporation shall adopt regulations setting forth appropriate conditions under which any person convicted under the Foreign Corrupt Practices Act of 1977 for an offense related to a project insured or otherwise supported by the Corporation shall be suspended, for a period of not more than five years, from eligibility to receive any insurance, reinsurance, guaranty, loan, or other financial support authorized by this subpart.
**(m) Notification of countries of environmental restrictions on certain activities**
(1) Before finally providing insurance, reinsurance, guarantees, or financing under this subpart for any environmentally sensitive investment in connection with a project in a country, the Corporation shall notify appropriate government officials of that country of—
(A) all guidelines and other standards adopted by the International Bank for Reconstruction and Development and any other international organization relating to the public health or safety or the environment which are applicable to the project; and
(B) to the maximum extent practicable, any restriction under any law of the United States relating to public health or safety or the environment that would apply to the project if the project were undertaken in the United States.
The notification under the preceding sentence shall include a summary of the guidelines, standards, and restrictions referred to in subparagraphs (A) and (B), and may include any environmental impact statement, assessment, review, or study prepared with respect to the investment pursuant to section 2199(g) 11 See References in Text note below. of this title.
(2) Before finally providing insurance, reinsurance, guarantees, or financing for any investment subject to paragraph (1), the Corporation shall take into account any comments it receives on the project involved.
(3) On or before September 30, 1986, the Corporation shall notify appropriate government officials of a country of the guidelines, standards, and legal restrictions described in paragraph (1) that apply to any project in that country—
(A) which the Corporation identifies as potentially posing major hazards to public health and safety or the environment; and
(B) for which the Corporation provided insurance, reinsurance, guarantees, or financing under this subpart before December 23, 1985, and which is in the Corporation’s portfolio on that date.
**(n) Penalties for fraud** Whoever knowingly makes any false statement or report, or willfully overvalues any land, property, or security, for the purpose of influencing in any way the action of the Corporation with respect to any insurance, reinsurance, guarantee, loan, equity investment, or other activity of the Corporation under section 2194 1 of this title or any change or extension of any such insurance, reinsurance, guarantee, loan, equity investment, or activity, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefor, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
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Federal law — U.S. Code and appendices · legal_authorities
Subsections (g), (l), (m), and (n) of [section 2197 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2197&num=0&edition=prelim) shall apply with respect to the Corporation to the same extent and in the same manner as such subsections applied with respect to the Overseas Private Investment Corporation on the day before October 5, 2018.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9681
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Delegation by President; rules and regulations; utilization of goods and services from private enterprise, and facilities and resources of Federal agencies when not competitive with private enterprise** The President may exercise any functions conferred upon him by this chapter through such agency or officer of the United States Government as he shall direct. The head of any such agency or such officer may from time to time promulgate such rules and regulations as may be necessary to carry out such functions, and may delegate authority to perform any such functions, including, if he shall so specify, the authority successively to redelegate any of such functions to any of his subordinates. In providing technical assistance under this chapter, the head of any such agency or such officer shall utilize, to the fullest extent practicable, goods and professional and other services from private enterprise on a contract basis. In such fields as education, health, housing, or agriculture, the facilities and resources of other Federal agencies shall be utilized when such facilities are particularly or uniquely suitable for technical assistance, are not competitive with private enterprise, and can be made available without interfering unduly with domestic programs.
**(b) Eligibility of suppliers; debarment period; causes for debarment; conditions for reinstatement; periodic review** The President shall issue and enforce regulations determining the eligibility of any person to receive funds made available under this chapter. A person may be suspended under such regulations for a temporary period pending the completion of an investigation and any resulting judicial or debarment proceedings, upon cause for belief that such person or an affiliate thereof probably has undertake
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2381
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Securities Exchange Act of 1934.”
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Effective at the end of the transition period, there shall be transferred to the Corporation the functions, personnel, assets, and liabilities of—
(1) the Overseas Private Investment Corporation, as in existence on the day before October 5, 2018; and
(2) the following elements of the United States Agency for International Development:
(A) The Development Credit Authority.
(B) The existing Legacy Credit portfolio under the Urban Environment Program and any other direct loan programs and non-Development Credit Authority guaranty programs authorized by the Foreign Assistance Act of 1961 ([22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.) or other predecessor Acts, as in existence on October 5, 2018, other than any sovereign loan guaranties.
**(b) Additional transfer authority** Effective at the end of the transition period, there is authorized to be transferred to the Corporation, with the concurrence of the Administrator of the United States Agency for International Development, the functions, personnel, assets, and liabilities of the following elements of the United States Agency for International Development:
(1) The Office of Private Capital and Microenterprise.
(2) The enterprise funds.
**(c) Sovereign loan guaranty transfer**
(1) **In general** — Effective at the end of the transition period, there is authorized to be transferred to the Corporation or any other appropriate department or agency of the United States Government the loan accounts and the legal rights and responsibilities for the sovereign loan guaranty portfolio held by the United States Agency for International Development as in existence on the day before October 5, 2018.
(2) **Inclusion in re
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9684
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to make additional funds available** Funds authorized to be appropriated for fiscal year 1993 to carry out chapter 11 of part I of the Foreign Assistance Act of 1961 [[22 U.S.C. 2295](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2295&num=0&edition=prelim) et seq.] may be made available to cover costs incurred by the Overseas Private Investment Corporation in carrying out programs with respect to the independent states of the former Soviet Union under title IV of chapter 2 of part I of that Act ([22 U.S.C. 2191](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2191&num=0&edition=prelim) and following),11 See References in Text note below. in addition to amounts otherwise available for that purpose.
**(b) Enactment of OPIC Authorization Act** The authority of subsection (a) shall cease to be effective upon the enactment of the Overseas Private Investment Corporation Act Amendments Act of 1992.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 5841
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Abuse or threatened abuse of law or legal process** — The term “abuse or threatened abuse of the legal process” means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action.
(2) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on Foreign Relations and the Committee on the Judiciary of the Senate and the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives.
(3) **Coercion** — The term “coercion” means—
(A) threats of serious harm to or physical restraint against any person;
(B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
(C) the abuse or threatened abuse of the legal process.
(4) **Commercial sex act** — The term “commercial sex act” means any sex act on account of which anything of value is given to or received by any person.
(5) **Concrete actions** — The term “concrete actions” means actions that demonstrate increased efforts by the government of a country to meet the minimum standards for the elimination of trafficking, including any of the following:
(A) Enforcement actions taken.
(B) Investigations actively underway.
(C) Prosecutions conducted.
(D) Convictions attained.
(E) Training provided.
(F) Programs and partnerships actively underway.
(G) Efforts to prevent severe forms of trafficking, including programs to reduce the vulnerability of particul
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7102
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Advancing income country** — The term “advancing income country”, with respect to a fiscal year for the Corporation, means a country the gross national income per capita of which at the start of such fiscal year is—
(A) greater than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process; and
(B) is equal to or less than the per capita income threshold for classification as a high-income economy (as defined by the World Bank).
(2) **Appropriate congressional committees** — The term “appropriate congressional committees” means—
(A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
(3) **Country of concern** — The term “country of concern” means any of the following countries:
(A) The Bolivarian Republic of Venezuela.
(B) The Republic of Cuba.
(C) The Democratic People’s Republic of Korea.
(D) The Islamic Republic of Iran.
(E) The People’s Republic of China.
(F) The Russian Federation.
(G) The Republic of Belarus.
(4) **High-income country** — The term “high-income country”, with respect to a fiscal year for the Corporation, means a country with a high-income economy (as defined by the World Bank) at the start of such fiscal year but does not include any wealthy country except to the extent investments in such wealthy country are permitted pursuant to [section 9612(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9612/f&num=0&edition=prelim).
(5) **Less developed country** — The term “less developed country”, with respect to a fiscal year for the Corporation, means
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9611
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Federal law — U.S. Code and appendices · legal_authorities
Page 679
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2197
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective at the end of the transition period,
as defined in section 9681 of this title, see section 9684
of this title.
APPROPRIATION
OF MONEYS
IN ADVANCE
AS REQUISITE
TO
PURCHASES, INVESTMENTS, OR
OTHER
ACQUISI-
TIONS
OF EQUITY
BY FUND CREATED UNDER PILOT
EQUITY FINANCE PROGRAM
Pub. L. 100–461, title V, § 555, Oct. 1, 1988, 102 Stat.
2268–36, provided in part: ‘‘That purchases, investments
or other acquisitions of equity by the fund created by
section 104 of H.R. 5263 as hereby enacted [former 22
U.S.C. 2194(g)(5)] are limited to such amounts as may be
provided in advance in appropriations Acts’’, and fur-
ther provided ‘‘That purchases, investments or other
acquisitions of equity by the fund created by section
104 of S. 2757 as hereby enacted [former 22 U.S.C.
2194(g)(5)] are limited to such amounts as may be pro-
vided in advance in appropriations Acts’’.
OVERSEAS PRIVATE INVESTMENT CORPORATION;
REAFFIRMATION OF SUPPORT
Pub. L. 100–418, title II, § 2203(a), Aug. 23, 1988, 102
Stat. 1328, provided that Congress reaffirmed its sup-
port for the former Overseas Private Investment Cor-
poration as a United States Government agency serv-
ing important development assistance goals.
Executive Documents
EX. ORD. NO. 11579. OVERSEAS PRIVATE INVESTMENT
CORPORATION
Ex. Ord. No. 11579, Jan. 19, 1971, 36 F.R. 969, as amend-
ed by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex.
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, provided:
By virtue of the authority vested in me by the For-
eign Assistance Act of 1961 (75 Stat. 424), as amended
(hereinafter the ‘‘Act’’) [section 2151 et seq. of this
title] and section 301 of
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2197
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