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22 U.S.C. § 10605 — Safeguards and accountability
Federal law — U.S. Code and appendices · legal_authorities
**(a) Safeguards** The Foundation shall develop, and incorporate into any agreement for support provided by the Foundation, appropriate safeguards, policies, and guidelines, consistent with United States law and best practices and standards for environmental and social safeguards.
**(b) Independent accountability mechanism**
(1) **In general** — The Secretary, or the Secretary’s designee, shall establish a transparent and independent accountability mechanism, consistent with best practices, which shall provide—
(A) a compliance review function that assesses whether Foundation-supported projects adhere to the requirements developed pursuant to subsection (a);
(B) a dispute resolution function for resolving and remedying concerns between complainants and project implementers regarding the impacts of specific Foundation-supported projects with respect to such standards; and
(C) an advisory function that reports to the Board on projects, policies, and practices.
(2) **Duties** — The accountability mechanism shall—
(A) report annually to the Board and the appropriate congressional committees regarding the Foundation’s compliance with best practices and standards in accordance with paragraph (1)(A) and the nature and resolution of any complaint;
(B)
(i) have permanent staff, led by an independent accountability official, to conduct compliance reviews and dispute resolutions and perform advisory functions; and
(ii) maintain a roster of experts to serve such roles, to the extent needed; and
(C) hold a public comment period lasting not fewer than 60 days regarding the initial design of the accountability mechanism.
**(c) Internal accountability** The Foundation shall establish an ombudsman position at a senior level of executive staff as a confide
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Source file: Laws/federal/codes/united-states-code/title-22/section-10605-safeguards-and-accountability--988c81c189.md
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Source location: Title 22, Chapter 113, § 10605; chapter-113-united-states-foundation-for-international-conservation.md
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**(a) Safeguards** The Foundation shall develop, and incorporate into any agreement for support provided by the Foundation, appropriate safeguards, policies, and guidelines, consistent with United States law and best practices and standards for environmental and social safeguards.
**(b) Independent accountability mechanism**
(1) **In general** — The Secretary, or the Secretary’s designee, shall establish a transparent and independent accountability mechanism, consistent with best practices, which shall provide—
(A) a compliance review function that assesses whether Foundation-supported projects adhere to the requirements developed pursuant to subsection (a);
(B) a dispute resolution function for resolving and remedying concerns between complainants and project implementers regarding the impacts of specific Foundation-supported projects with respect to such standards; and
(C) an advisory function that reports to the Board on projects, policies, and practices.
(2) **Duties** — The accountability mechanism shall—
(A) report annually to the Board and the appropriate congressional committees regarding the Foundation’s compliance with best practices and standards in accordance with paragraph (1)(A) and the nature and resolution of any complaint;
(B)
(i) have permanent staff, led by an independent accountability official, to conduct compliance reviews and dispute resolutions and perform advisory functions; and
(ii) maintain a roster of experts to serve such roles, to the extent needed; and
(C) hold a public comment period lasting not fewer than 60 days regarding the initial design of the accountability mechanism.
**(c) Internal accountability** The Foundation shall establish an ombudsman position at a senior level of executive staff as a confidential, neutral source of information and assistance to anyone affected by the activities of the Foundation.
**(d) Annual review** The Secretary shall, periodically, but not less frequent than annually, review assistance provided by the Foundation for the purpose of implementing [section 10602(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section10602/b&num=0&edition=prelim) to ensure consistency with the provisions under [section 2378d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2378d&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No assistance shall be furnished under this chapter 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.] to any unit of the security forces of a foreign country if the Secretary of State has credible information that such unit has committed a gross violation of human rights.
**(b) Exception** The prohibition in subsection (a) shall not apply if the Secretary determines and reports to the appropriate congressional committees that the government of such country is taking effective steps to bring the responsible members of the security forces unit to justice.
**(c) Duty to inform**
(1) If assistance to a foreign security force is provided in a manner in which the recipient unit or units cannot be identified prior to the transfer of assistance, the Secretary of State shall regularly provide a list of units prohibited from receiving assistance pursuant to this section to the recipient government and the appropriate congressional committees and, effective December 31, 2022, such assistance shall only be made available subject to a written agreement that the recipient government will comply with such prohibition.
(2) If the recipient government withholds assistance from a unit pursuant to this section, the Secretary shall inform the appropriate congressional committees and shall, to the maximum extent practicable, assist the foreign government in bringing the responsible members of the unit to justice.
**(d) Credible information** The Secretary shall establish, and periodically update, procedures to—
(1) ensure that for each country the Department of State has a current list of all security force units receiving United States training, equipment,
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2378d
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Federal law — U.S. Code and appendices · legal_authorities
Page 2350
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 10605
carry out the purposes described in section
10602(b) of this title, shall have the usual powers
of a corporation headquartered in Washington,
DC, including the authority—
(1) to accept, receive, solicit, hold, admin-
ister, and use any gift, devise, or bequest, ei-
ther absolutely or in trust, or real or personal
property or any income derived from such gift
or property, or other interest in such gift or
property located in the United States;
(2) to acquire by donation, gift, devise, pur-
chase, or exchange any real or personal prop-
erty or interest in such property located in the
United States;
(3) unless otherwise required by the instru-
ment of transfer, to sell, donate, lease, invest,
reinvest, retain, or otherwise dispose of any
property or income derived from such property
located in the United States;
(4) to complain and defend itself in any court
of competent jurisdiction (except that the
members of the Board shall not be personally
liable, except for gross negligence);
(5) to enter into contracts or other arrange-
ments with public agencies, private organiza-
tions, and persons and to make such payments
as may be necessary to carry out the purposes
of such contracts or arrangements; and
(6) to award grants for eligible projects, in
accordance with section 10606 of this title.
(c) Limitation of public liability
The United States shall not be liable for any
debts, defaults, acts, or omissions of the Foun-
dation. The Federal Government shall be held
harmless from any damages or awards ordered
by a court against the Foundation.
(Pub. L. 118–159, div. E, title LI, § 5104, Dec. 23,
2024, 138 Stat. 2416.)
§ 10605. Safeguards and accountability
(a) Safeguards
The Foundation sh
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 10605
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.