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22 U.S.C. § 2370a — Expropriation of United States property

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2370a — Expropriation of United States property

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Stable record: federal_law:legal_authorities:record_usc_361a2642c159a49675b1a50c
Source file: Laws/federal/codes/united-states-code/title-22/section-2370a-expropriation-of-united-states-property--7ad93d70f9.md
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Source location: Title 22, Chapter 32, § 2370a; chapter-032-foreign-assistance.md

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**(a) Prohibition** None of the funds made available to carry out this Act, 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 the Arms Export Control Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.] may be provided to a government or any agency or instrumentality thereof, if the government of such country (other than a country described if 11 So in original. Probably should be “in”. subsection (d))— (1) has on or after January 1, 1956— (A) nationalized or expropriated the property of any United States person, (B) repudiated or nullified any contract with any United States person, or (C) taken any other action (such as the imposition of discriminatory taxes or other exactions) which has the effect of seizing ownership or control of the property of any United States person, and (2) has not, within the period specified in subsection (c), either— (A) returned the property, (B) provided adequate and effective compensation for such property in convertible foreign exchange or other mutually acceptable compensation equivalent to the full value thereof, as required by international law, (C) offered a domestic procedure providing prompt, adequate and effective compensation in accordance with international law, or (D) submitted the dispute to arbitration under the rules of the Convention for the Settlement of Investment Disputes or other mutually agreeable binding international arbitration procedure. **(b) Other actions** The President shall instruct the United States Executive Directors of each multilateral development bank and international financial institution to vote against any loan or other utilization of the funds of such bank or institution for the benefit of any country to which assistance is prohibited under subsection (a), unless such assistance is directed specifically to programs which serve the basic human needs of the citizens of that country. **(c) Period for settlement of claims** The period of time described in subsection (a)(2) is the latest of the following— (1) 3 years after the date on which a claim was filed, (2) in the case of a country that has a totalitarian or authoritarian government at the time of the action described in subsection (a)(1), 3 years after the date of installation of a democratically elected government, or (3) 90 days after April 30, 1994. **(d) Excepted countries and territories** This section shall not apply to any country established by international mandate through the United Nations or to any territory recognized by the United States Government to be in dispute. **(e) Resumption of assistance** A prohibition or termination of assistance under subsection (a) and an instruction to vote against loans under subsection (b) shall cease to be effective when the President certifies in writing to the Speaker of the House of Representatives and to the Committee on Foreign Relations of the Senate that such government has taken one of the steps described in subsection (a)(2). **(f) Reporting requirement** Not later than 90 days after April 30, 1994, and at the beginning of each fiscal year thereafter, the Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, a report containing the following: (1) A list of every country in which the United States Government is aware that a United States person has an outstanding expropriation claim. (2) The total number of such outstanding expropriation claims made by United States persons against each such country. (3) The period of time in which each such claim has been outstanding. (4) The status of each case and efforts made by the United States Government and the government of the country in which such claim has been made, to take one or more of the steps described in subsection (a)(2). (5) Each project a United States Executive Director voted against as a result of the action described in subsection (b). **(g) Waiver** The President may waive the prohibitions in subsections (a) and (b) for a country, on an annual basis, if the President determines and so notifies Congress that it is in the national interest to do so. **(h) “United States person” defined** For the purpose of this section, the term “United States person” means a United States citizen or corporation, partnership, or association at least 50 percent beneficially owned by United States citizens. **(i) Certain claims for expropriation by the Government of Nicaragua** (1) Any action of the types set forth in subparagraphs (A), (B), and (C) of subsection (a)(1) that was taken by the Government of Nicaragua during the period beginning on January 1, 1956, and ending on January 9, 2002, shall not be considered in implementing the prohibition under subsection (a) unless the action has been presented in accordance with the procedure set forth in paragraph (2). (2) An action shall be deemed presented for purposes of paragraph (1) if it is— (A) in writing; and (B) received by the United States Department of State on or before 120 days after the date specified in paragraph (3) at— (i) the headquarters of the United States Department of State in Washington, D.C.; or (ii) the Embassy of the United States of America to Nicaragua. (3) The date to which paragraph (2) refers is a date after December 8, 2004, that is specified by the Secretary of State, in the Secretary’s discretion, in a notice published in the Federal Register.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2656 — Management of foreign affairs

The Secretary of State shall perform such duties as shall from time to time be enjoined on or intrusted to him by the President relative to correspondences, commissions, or instructions to or with public ministers or consuls from the United States, or to negotiations with public ministers from foreign states or princes, or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters respecting foreign affairs as the President of the United States shall assign to the Department, and he shall conduct the business of the Department in such manner as the President shall direct.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2651a — Organization of Department of State

**(a) Secretary of State** (1) The Department of State shall be administered, in accordance with this Act and other provisions of law, under the supervision and direction of the Secretary of State (hereinafter referred to as the “Secretary”). (2) The Secretary, the Deputy Secretary of State, and the Deputy Secretary of State for Management and Resources shall be appointed by the President, by and with the advice and consent of the Senate. (3) (A) Notwithstanding any other provision of law and except as provided in this section, the Secretary shall have and exercise any authority vested by law in any office or official of the Department of State. The Secretary shall administer, coordinate, and direct the Foreign Service of the United States and the personnel of the Department of State, except where authority is inherent in or vested in the President. (B) (i) The Secretary shall not have the authority of the Inspector General or the Chief Financial Officer. (ii) The Secretary shall not have any authority given expressly to diplomatic or consular officers. (4) The Secretary is authorized to promulgate such rules and regulations as may be necessary to carry out the functions of the Secretary of State and the Department of State. Unless otherwise specified in law, the Secretary may delegate authority to perform any of the functions of the Secretary or the Department to officers and employees under the direction and supervision of the Secretary. The Secretary may delegate the authority to redelegate any such functions. **(b) Under Secretaries** (1) **In general** — There shall be in the Department of State not more than 6 Under Secretaries of State, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall b

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22 U.S.C. § 2651 — Establishment of Department

There shall be at the seat of government an executive department to be known as the “Department of State”, and a Secretary of State, who shall be the head thereof.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2151 — Congressional findings and declaration of policy

(a) United States development cooperation policy

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 287e — Fourteenth replenishment

**(a)** The United States Governor of the International Development Association is authorized to contribute on behalf of the United States $2,850,000,000 to the fourteenth replenishment of the resources of the Association, subject to obtaining the necessary appropriations. **(b)** In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $2,850,000,000 for payment by the Secretary of the Treasury.

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22 U.S.C. § 287b — Seventh replenishment; authorization of appropriations

**(a)** The United States Governor is hereby authorized to agree on behalf of the United States to pay to the Association $2,250,000,000 as the United States contribution to the seventh replenishment of the resources of the Association, except that any commitment to make such contributions shall be made subject to obtaining the necessary appropriations. **(b)** In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $2,250,000,000 for payment by the Secretary of the Treasury.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 1928 — North Atlantic Treaty Organization

**(a) Authorization for expenses** In order to provide for United States participation in the North Atlantic Treaty Organization, there is authorized to be appropriated such amounts as may be necessary from time to time for the payment by the United States of its share of the expenses of the Organization and all necessary salaries and expenses of the United States permanent representative to the Organization, of such persons as may be appointed to represent the United States in the subsidiary bodies of the Organization or in any multilateral organization which participates in achieving the aims of the North Atlantic Treaty, and of their appropriate staffs, and the expenses of participation in meetings of such organizations, including salaries, expenses, and allowances of personnel and dependents as authorized by the Foreign Service Act of 1980 [[22 U.S.C. 3901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3901&num=0&edition=prelim) et seq.], and allowances and expenses as provided in [section 287r of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section287r&num=0&edition=prelim). **(b) Appointment of personal representative** The United States permanent representative to the North Atlantic Treaty Organization shall be appointed by the President by and with the advice and consent of the Senate and shall hold office at the pleasure of the President. Such representative shall have the rank and status of ambassador extraordinary and plenipotentiary and shall be a chief of mission under the Foreign Service Act of 1980 [[22 U.S.C. 3901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3901&num=0&edition=prelim) et seq.]. **(c) Duration of staff service** Persons detailed to the inte

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2779a — Prohibition on incentive payments

**(a) In general** No United States supplier of defense articles or services sold or licensed under this chapter or exported pursuant to a treaty referred to in [section 2778(j)(1)(C)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2778/j/1/C/i&num=0&edition=prelim), nor any employee, agent, or subcontractor thereof, shall, with respect to the sale or export of any such defense article or defense service to a foreign country, make any incentive payments for the purpose of satisfying, in whole or in part, any offset agreement with that country. **(b) Civil penalties** Any person who violates the provisions of this section shall be subject to the imposition of civil penalties as provided for in this section. **(c) Presidential authority** In the enforcement of this section, the President is authorized to exercise the same powers concerning violations and enforcement and imposition of civil penalties which are conferred upon departments, agencies and officials by subsections (c), (d), (e), and (f) of section 11 11 See References in Text note below. of the Export Administration Act of 1979, and section 12(a) 1 of such Act, subject to the same terms and conditions as are applicable to such powers under that Act, except that section 11(c)(2)(B) of such Act shall not apply, and instead, as prescribed in regulations issued under this section, the Secretary of State may assess civil penalties for violations of this chapter and regulations prescribed thereunder and further may commence a civil action to recover such civil penalties, and except further that notwithstanding section 11(c) of that Act, the civil penalty for each violation of this section may not exceed $500,000 or five times the amount of the prohibited incentive paymen

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22 U.S.C. § 2751 — Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy

As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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