22 U.S.C. § 2431b — Establishment of Facility

Page 952 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2431b 1 So in original. Probably should be ‘‘Anthozoa;’’. 1 So in original. Probably should be preceded by ‘‘that’’. (A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), and Coenothecalia (blue coral), of the class Anthoza; 1 and (B) all species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa. (11) Coral reef The term ‘‘coral reef’’ means any reef or shoal composed primarily of coral. (12) Coral reef ecosystem The term ‘‘coral reef ecosystem’’ means any coral reef and any coastal marine ecosystem surrounding, or directly related to, a coral reef and important to maintaining the ecologi- cal integrity of that coral reef, such as seagrasses, mangroves, sandy seabed commu- nities, and immediately adjacent coastal areas. (Pub. L. 87–195, pt. V, § 803, as added Pub. L. 105–214, § 1, July 29, 1998, 112 Stat. 886; amended Pub. L. 115–440, §§ 3(b), 4(b), 8(e), 9(b)(1), Jan. 14, 2019, 132 Stat. 5581, 5583, 5584.) Editorial Notes PRIOR PROVISIONS A prior section 803 of Pub. L. 87–195, pt. V, was classi- fied to section 2433 of this title prior to repeal by Pub. L. 94–329. AMENDMENTS 2019—Par. (5). Pub. L. 115–440, § 3(b)(1)(A), (B), sub- stituted ‘‘tropical forest or coral reef’’ for ‘‘tropical forest’’ in heading and introductory provisions. Par. (5)(B). Pub. L. 115–440, § 3(b)(1)(C), substituted ‘‘tropical forest or coral reef’’ for ‘‘tropical forest’’ and ‘‘tropical forests or coral reefs’’ for ‘‘tropical forests’’. Par. (7). Pub. L. 115–440, § 8(e), substituted ‘‘Conserva- tion Agreement’’ for ‘‘Tropical Forest Agreement’’ in heading and in two places in text. Par. (8). Pub. L. 115–440, § 4(b), substituted ‘‘Conserva- tion Facility’’ for ‘‘Tropical Forest Facility’’ in head- ing and in two places in text. Par. (9). Pub. L. 115–440, § 9(b)(1), substituted ‘‘Con- servation Fund’’ for ‘‘Tropical Forest Fund’’ in heading and in two places in text. Pars. (10) to (12). Pub. L. 115–440, § 3(b)(2), added pars. (10) to (12). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 2431b. Establishment of Facility There is established in the Department of the Treasury an entity to be known as the ‘‘Con- servation Facility’’ for the purpose of providing for the administration of debt reduction in ac- cordance with this subchapter. (Pub. L. 87–195, pt. V, § 804, as added Pub. L. 105–214, § 1, July 29, 1998, 112 Stat. 887; amended Pub. L. 115–440, § 4(a), Jan. 14, 2019, 132 Stat. 5581.) Editorial Notes PRIOR PROVISIONS A prior section 804 of Pub. L. 87–195, pt. V, was classi- fied to section 2434 of this title prior to repeal by Pub. L. 94–329. AMENDMENTS 2019—Pub. L. 115–440 substituted ‘‘Conservation Facil- ity’’ for ‘‘Tropical Forest Facility’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 115–440, § 4(c), Jan. 14, 2019, 132 Stat. 5582, pro- vided that: ‘‘Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the ‘Tropical Forest Facility’ shall be deemed to be a reference to the ‘Conservation Facil- ity’.’’ § 2431c. Eligibility for benefits (a) In general To be eligible for benefits from the Facility under this subchapter, a country shall be a de- veloping country with a tropical forest or coral reef— (1) whose government is democratically elected; (2) whose government has not repeatedly provided support for acts of international ter- rorism; (3) whose government is not failing to co- operate on international narcotics control matters; (4) whose government (including its military or other security forces) does not engage in a consistent pattern of gross violations of inter- nationally recognized human rights; (5) that has in effect, has received approval for, or is making significant progress toward— (A) an International Monetary Fund stand- by arrangement, extended Fund arrange- ment, or an arrangement under the struc- tural adjustment facility or enhanced struc- tural adjustment facility, or a Fund mon- itored program, or is implementing sound macroeconomic policies, unless the Presi- dent determines that such an arrangement or program could reasonably be expected to have significant adverse social or environ- mental effect; and (B) as appropriate, structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Associa- tion, unless the President determines that the resulting adjustment requirements could reasonably be expected to have significant adverse social or environmental effects; (6) if appropriate, has 1 agreed with its com- mercial bank lenders on a satisfactory financ- ing program, including, as appropriate, debt or debt service reduction; and (7) that has put in place investment reforms, as evidenced by the conclusion of a bilateral investment treaty with the United States, im- plementation of an investment sector loan with the Inter-American Development Bank,