22 U.S.C. § 2430a — Definitions

Page 946 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2429b Assistance Act of 1961 [22 U.S.C. 2151 et seq.] shall be provided to any non-nuclear weapon state that is found by the President to have ter- minated, abrogated, or materially violated an IAEA full-scope safeguard agreement or materi- ally violated a bilateral United States nuclear cooperation agreement entered into after March 10, 1978. (c) Waiver The President may waive the application of subsection (b) if— (1) the President determines that the termi- nation of such assistance would be seriously prejudicial to the achievement of United States nonproliferation objectives or other- wise jeopardize the common defense and secu- rity; and (2) the President reports such determination to the Congress at least 15 days in advance of any resumption of assistance to that state. (Pub. L. 103–236, title V, § 530, Apr. 30, 1994, 108 Stat. 479.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (b), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to this chapter (§ 2151 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. CODIFICATION Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter. Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of State by par. (1) of Memorandum of President of the United States, Mar. 23, 2007, 72 F.R. 18103, set out in a note under section 635 of Title 12, Banks and Banking. § 2429b. Transferred Editorial Notes CODIFICATION Section, Pub. L. 87–195, pt. III, § 671, as added Pub. L. 95–88, title I, § 130, Aug. 3, 1977, 91 Stat. 543, which re- lated to notification of program changes, was trans- ferred to section 2394–1 of this title. SUBCHAPTER III–A—ENTERPRISE FOR THE AMERICAS INITIATIVE § 2430. Purpose The purpose of this subchapter is to encourage and support improvement in the lives of the peo- ple of Latin America and the Caribbean through market-oriented reforms and economic growth with interrelated actions to promote debt reduc- tion, investment reforms, community based con- servation, and sustainable use of the environ- ment, and child survival and child development. The Facility will support these objectives through administration of debt reduction oper- ations under this subchapter for those countries with democratically elected governments that meet investment reforms and other policy con- ditions. (Pub. L. 87–195, pt. IV, § 701, as added Pub. L. 102–549, title VI, § 602(a), Oct. 28, 1992, 106 Stat. 3664.) Editorial Notes PRIOR PROVISIONS A prior section 701 of Pub. L. 87–195, pt. IV, Sept. 4, 1961, 75 Stat. 463, amended section 1651 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 87–565, pt. IV, § 401, Aug. 1, 1962, 76 Stat. 263, except inso- far as section 701 affected section 1651. § 2430a. Definitions For purposes of this subchapter— (1) the term ‘‘administering body’’ means the entity provided for in section 2430g(c) of this title; (2) the term ‘‘Americas Framework Agree- ment’’ means an Americas Framework Agree- ment provided for in section 2430g of this title; (3) the term ‘‘Americas Fund’’ means an En- terprise for the Americas Fund provided for in section 2430f(a) of this title; (4) the term ‘‘appropriate congressional com- mittees’’ means the Committee on Foreign Af- fairs and the Committee on Appropriations of the House of Representatives and the Com- mittee on Foreign Relations and the Com- mittee on Appropriations of the Senate; (5) the term ‘‘beneficiary country’’ means an eligible country with respect to which the au- thority of section 2430c(a)(1) of this title is ex- ercised; (6) the term ‘‘eligible country’’ means a country designated by the President in accord- ance with section 2430b of this title; (7) the term ‘‘Enterprise for the Americas Board’’ or ‘‘Board’’ means the board estab- lished by section 1738i of title 7; and (8) the term ‘‘Facility’’ means the Enter- prise for the Americas Facility established in the Department of the Treasury by section 1738 of title 7. (Pub. L. 87–195, pt. IV, § 702, as added Pub. L. 102–549, title VI, § 602(a), Oct. 28, 1992, 106 Stat. 3664; amended Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Q), June 18, 2008, 122 Stat. 1820.) Editorial Notes PRIOR PROVISIONS A prior section 702 of Pub. L. 87–195, pt. IV, Sept. 4, 1961, 75 Stat. 463, amended section 1701 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 87–565, pt. IV, § 401, Aug. 1, 1962, 76 Stat. 263, except inso- far as section 702 affected section 1701. AMENDMENTS 2008—Par. (7). Pub. L. 110–246 made technical amend- ment to reference in original act which appears in text as reference to section 1738i of title 7. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- Page 947 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2430c tive Date note under section 8701 of Title 7, Agri- culture. § 2430b. Eligibility for benefits (a) Requirements To be eligible for benefits from the Facility under this subchapter, a country must be a Latin American or Caribbean country— (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, as appropriate in exceptional cir- cumstances, is making significant progress to- ward— (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 in exceptional circumstances, a Fund monitored program or its equivalent, unless the President deter- mines (after consultation with the Enter- prise for the Americas Board) that such an arrangement or program (or its equivalent) could reasonably be expected to have signifi- cant adverse social or environmental effects; 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 (after consultation with the Enterprise for the Americas Board) that the resulting adjust- ment requirements could reasonably be ex- pected to have significant adverse social or environmental effects; (6) has put in place major investment re- forms in conjunction with an Inter-American Development Bank loan or otherwise is imple- menting, or is making significant progress to- ward, an open investment regime; and (7) if appropriate, has agreed with its com- mercial bank lenders on a satisfactory financ- ing program, including, as appropriate, debt or debt service reduction. (b) Eligibility determinations Consistent with subsection (a), the President shall determine whether a country is eligible to receive benefits under this subchapter. The President shall notify the appropriate congres- sional committees of his intention to designate a country as an eligible country at least 15 days in advance of any formal determination. (Pub. L. 87–195, pt. IV, § 703, as added Pub. L. 102–549, title VI, § 602(a), Oct. 28, 1992, 106 Stat. 3664.) Editorial Notes PRIOR PROVISIONS A prior section 703 of Pub. L. 87–195, pt. IV, Sept. 4, 1961, 75 Stat. 463, amended section 1613d of this title and enacted provisions set out as a note under section 1613d of this title, prior to repeal by Pub. L. 87–565, pt. IV, § 401, Aug. 1, 1962, 76 Stat. 263, except insofar as section 703 affected section 1613d. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13345, July 8, 2004, 69 F.R. 41901, set out as a note under section 1738 of Title 7, Agriculture. § 2430c. Reduction of certain debt (a) Authority to reduce debt (1) Authority The President may reduce the amount owed to the United States (or any agency of the United States) that is outstanding as of Janu- ary 1, 1992, as a result of concessional loans made to an eligible country by the United States under subchapter I of this chapter, part IV of subchapter II of this chapter, or prede- cessor foreign economic assistance legislation. (2) Appropriations requirement The authority provided by this section may be exercised only in such amounts or to such extent as is provided in advance by appropria- tions Acts. (3) Certain prohibitions inapplicable (A) A reduction of debt pursuant to this sec- tion shall not be considered assistance for pur- poses of any provision of law limiting assist- ance to a country. (B) The authority of this section may be ex- ercised notwithstanding section 2370(r) of this title or section 321 of the International Devel- opment and Food Assistance Act of 1975. (b) Implementation of debt reduction (1) In general Any debt reduction pursuant to subsection (a) shall be accomplished at the direction of the Facility by the exchange of a new obliga- tion for obligations outstanding as of the date specified in subsection (a)(1). (2) Exchange of obligations The Facility shall notify the agency pri- marily responsible for administering sub- chapter I of this chapter of the agreement with an eligible country to exchange a new ob- ligation for outstanding obligations pursuant to this subsection. At the direction of the Fa- cility, the old obligations shall be canceled and a new debt obligation for the country shall be established, and the agency primarily responsible for administering subchapter I of this chapter shall make an adjustment in its accounts to reflect the debt reduction. (Pub. L. 87–195, pt. IV, § 704, as added Pub. L. 102–549, title VI, § 602(a), Oct. 28, 1992, 106 Stat. 3665.)