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

Page 857 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2370a 1 So in original. Probably should be ‘‘in’’. mits any ships under its registry to carry items of eco- nomic assistance to Cuba, so long as it is governed by the Castro regime, or to North Vietnam.’’ Similar provisions were contained in the following prior acts: Pub. L. 90–581, title I, § 107, Oct. 17, 1968, 82 Stat. 1139. Pub. L. 90–249, title I, § 107, Jan. 2, 1968, 81 Stat. 938. Pub. L. 89–691, title I, § 107, Oct. 15, 1966, 80 Stat. 1020. Pub. L. 89–273, title I, § 107, Oct. 20, 1965, 79 Stat. 1004. Pub. L. 88–634, title I, § 107, Oct. 7, 1964, 78 Stat. 1018. Pub. L. 88–258, title I, § 107, Jan. 6, 1964, 77 Stat. 859. Pub. L. 87–872, title I, § 107, Oct. 23, 1962, 76 Stat. 1165. RESTRICTIONS ON ASSISTANCE TO COUNTRIES SELLING, FURNISHING OR PERMITTING SHIPS TO CARRY CER- TAIN ITEMS TO NORTH VIETNAM Pub. L. 91–194, title I, § 116, Feb. 9, 1970, 84 Stat. 10, forbid assistance under the Foreign Assistance Act of 1961, as amended, to any country that sold, furnished or permitted any ships under its registry to carry to North Vietnam certain enumerated items unless the President determined that the withholding of such as- sistance was contrary to the national interest of the United States and reported such determination to Con- gress. Similar provisions were contained in the following prior acts: Pub. L. 90–581, title I, § 116, Oct. 17, 1968, 82 Stat. 1141. Pub. L. 90–249, title I, § 116, Jan. 2, 1968, 81 Stat. 940. Pub. L. 89–691, title I, § 116, Oct. 15, 1966, 80 Stat. 1022. Pub. L. 89–273, title I, § 116, Oct. 20, 1965, 79 Stat. 1005. 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. INTERDICTION OF THE DELIVERY OF OFFENSIVE WEAPONS TO CUBA For Presidential proclamation prohibiting the deliv- ery of offensive weapons to Cuba, see Proc. No. 3504, Oct. 23, 1962, 27 F.R. 10401, set out as a note preceding section 1 of Title 50, War and National Defense. PROC. NO. 3447. EMBARGO ON TRADE WITH CUBA Proc. No. 3447, Feb. 3, 1962, 27 F.R. 1085, provided: WHEREAS the Eighth Meeting of Consultation of Ministers of Foreign Affairs, Serving as Organ of Con- sultation in Application of the Inter-American Treaty of Reciprocal Assistance, in its Final Act resolved that the present Government of Cuba is incompatible with the principles and objectives of the Inter-American sys- tem; and, in light of the subversive offensive of Sino- Soviet Communism with which the Government of Cuba is publicly aligned, urged the member states to take those steps that they may consider appropriate for their individual and collective self-defense; WHEREAS the Congress of the United States, in sec- tion 620(a) of the Foreign Assistance Act of 1961 (75 Stat. 445), as amended [subsection (a) of this section], has authorized the President to establish and maintain an embargo upon all trade between the United States and Cuba; and WHEREAS the United States, in accordance with its international obligations, is prepared to take all nec- essary actions to promote national and hemispheric se- curity by isolating the present Government of Cuba and thereby reducing the threat posed by its alignment with the communist powers: NOW, THEREFORE, I, JOHN F. KENNEDY, Presi- dent of the United States of America, acting under the authority of section 620(a) of the Foreign Assistance Act of 1961 (75 Stat. 445), as amended [subsection (a) of this section], do 1. Hereby proclaim an embargo upon trade between the United States and Cuba in accordance with para- graphs 2 and 3 of this proclamation. 2. Hereby prohibit, effective 12:01 A.M., Eastern Standard Time, February 7, 1962, the importation into the United States of all goods of Cuban origin and all goods imported from or through Cuba; and I hereby au- thorize and direct the Secretary of the Treasury to carry out such prohibition, to make such exceptions thereto, by license or otherwise, as he determines to be consistent with the effective operation of the embargo hereby proclaimed, and to promulgate such rules and regulations as may be necessary to perform such func- tions. 3. AND FURTHER, I do hereby direct the Secretary of Commerce, under the provisions of the Export Con- trol Act of 1949, as amended (50 U.S.C. App. 2021–2032), to continue to carry out the prohibition of all exports from the United States to Cuba, and I hereby authorize him, under that Act, to continue, make, modify or re- voke exceptions from such prohibition. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States of Amer- ica to be affixed. DONE at the City of Washington this third day of Feb- ruary, in the year of our Lord nineteen hundred and sixty-two, and of the Independence of the United States of America the one hundred and eighty-sixth. [SEAL] JOHN F. KENNEDY. § 2370a. Expropriation of United States property (a) Prohibition None of the funds made available to carry out this Act, the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], or the Arms Export Control Act [22 U.S.C. 2751 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 1 subsection (d))— (1) has on or after January 1, 1956— (A) nationalized or expropriated the prop- erty 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 im- position of discriminatory taxes or other ex- actions) which has the effect of seizing own- ership 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 com- pensation for such property in convertible foreign exchange or other mutually accept- able compensation equivalent to the full value thereof, as required by international law, (C) offered a domestic procedure providing prompt, adequate and effective compensa- tion 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 ar- bitration procedure. (b) Other actions The President shall instruct the United States Executive Directors of each multilateral devel- Page 858 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2370a opment bank and international financial insti- tution to vote against any loan or other utiliza- tion of the funds of such bank or institution for the benefit of any country to which assistance is prohibited under subsection (a), unless such as- sistance is directed specifically to programs which serve the basic human needs of the citi- zens 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 totali- tarian 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 es- tablished 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 writ- ing to the Speaker of the House of Representa- tives and to the Committee on Foreign Rela- tions 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 ex- propriation claim. (2) The total number of such outstanding ex- propriation claims made by United States per- sons 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 gov- ernment 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 an- nual basis, if the President determines and so notifies Congress that it is in the national inter- est 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 associa- tion at least 50 percent beneficially owned by United States citizens. (i) Certain claims for expropriation by the Gov- ernment of Nicaragua (1) Any action of the types set forth in sub- paragraphs (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 con- sidered in implementing the prohibition under subsection (a) unless the action has been pre- sented 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 Depart- ment 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 discre- tion, in a notice published in the Federal Reg- ister. (Pub. L. 103–236, title V, § 527, Apr. 30, 1994, 108 Stat. 475; Pub. L. 108–447, div. D, title V, § 584(c), Dec. 8, 2004, 118 Stat. 3032.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 103–236, Apr. 30, 1994, 108 Stat. 382, known as the Foreign Rela- tions Authorization Act, Fiscal Years 1994 and 1995. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under sec- tion 2651 of this title and Tables. The Foreign Assistance Act of 1961, as amended, re- ferred to in subsec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to this chap- ter (§ 2151 et seq.). For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2151 of this title and Tables. The Arms Export Control Act, referred to in subsec. (a), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 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. AMENDMENTS 2004—Subsec. (i). Pub. L. 108–447 added subsec. (i). Executive Documents DELEGATION OF RESPONSIBILITIES UNDER FOREIGN RELA- TIONS AUTHORIZATION ACT, FISCAL YEARS 1994 AND 1995 Memorandum of President of the United States, July 26, 1994, 59 F.R. 40205, provided: Memorandum for the Secretary of State By the authority vested in me by the Constitution and laws of the United States of America, including Page 859 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2370c section 301 of title 3 of the United States Code, I hereby delegate to the Secretary of State the functions vested in the President by the following provisions of the For- eign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236) (the ‘‘Act’’): sections 102(g) [22 U.S.C. 287e note], 161(c) [22 U.S.C. 2651a note], 401(b) [108 Stat. 446], 407(a) [22 U.S.C. 287b note], 409 [22 U.S.C. 287e note], 431(b) [108 Stat. 459], 514(b) [22 U.S.C. 1928 note], 523 [108 Stat. 473], 527(e) and (g) [22 U.S.C. 2370a(e), (g)], 528 [108 Stat. 477], 532(a) [108 Stat. 480], 574 [22 U.S.C. 2656 note], 583(b)(1) and (b)(6) [108 Stat. 489, 490], 733 [22 U.S.C. 2779a] and 735(d) [22 U.S.C. 2797b–1]. The functions under section 407(a) of the Act [22 U.S.C. 287b note] shall be exercised in coordination with the Secretary of Defense. The functions under section 527(e) and (g) of the Act [22 U.S.C. 2370a(e), (g)] shall be exercised in consulta- tion with the Secretary of the Treasury and the heads of other departments and agencies, as appropriate. Any reference in this memorandum to any act, order, determination, or delegation of authority shall be deemed to be a reference to such act, order, determina- tion, or delegation of authority as amended from time to time. The functions delegated by this memorandum may be redelegated within the Department of State. You are authorized and directed to publish this memorandum in the Federal Register. WILLIAM J. CLINTON. Memorandum of President of the United States, Jan. 4, 1995, 60 F.R. 3335, provided: Memorandum for the Secretary of the Treasury By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of the Treas- ury the functions under section 527(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236) [22 U.S.C. 2370a(b)]. Any reference in this memorandum to any Act, order, determination, or delegation of authority shall be deemed to be a reference to such Act, order, determina- tion, or delegation of authority as amended. The functions delegated by this memorandum may be redelegated within the Department of the Treasury. You are authorized and directed to publish this memorandum in the Federal Register. WILLIAM J. CLINTON. § 2370b. Humanitarian assistance code of conduct (a) In general None of the funds made available for foreign operations, export financing, and related pro- grams under the headings ‘‘Migration and Ref- ugee Assistance’’, ‘‘United States Emergency Refugee and Migration Assistance Fund’’, ‘‘International Disaster and Famine Assist- ance’’, or ‘‘Transition Initiatives’’ may be obli- gated to an organization that fails to adopt a code of conduct that provides for the protection of beneficiaries of assistance under any such heading from sexual exploitation and abuse in humanitarian relief operations. (b) Consistency with United Nations principles The code of conduct referred to in subsection (a) shall, to the maximum extent practicable, be consistent with the six core principles of the United Nations Inter-Agency Standing Com- mittee Task Force on Protection From Sexual Exploitation and Abuse in Humanitarian Crises. (c) Reports Not later than 180 days after May 11, 2005, and not later than one year after May 11, 2005, the President shall transmit to the appropriate con- gressional committees a report on the imple- mentation of this section. (d) Effective Date This section shall take effect 60 days after May 11, 2005, and shall apply to funds obligated after such date for fiscal year 2005 and any sub- sequent fiscal year. (Pub. L. 109–13, div. A, title II, § 2110, May 11, 2005, 119 Stat. 268.) Editorial Notes CODIFICATION Section was enacted as part of the Emergency Sup- plemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, and not as part of the Foreign Assistance Act of 1961 which com- prises this chapter. Executive Documents ASSIGNMENT OF FUNCTIONS RELATING TO THE REPORT TO THE CONGRESS ON IMPLEMENTATION OF HUMANITARIAN ASSISTANCE CODE OF CONDUCT Memorandum of President of the United States, May 12, 2006, 71 F.R. 30549, provided: Memorandum for the Secretary of State Pursuant to the authority vested in me by the Con- stitution and laws of the United States, including sec- tion 301 of title 3, United States Code, the functions of the President under section 2110(c) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (title II of Public Law 109–13) (22 U.S.C. 2370b), are assigned to the Secretary of State. You are authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH. § 2370c. Definitions In sections 2370c to 2370c–2 of this title: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives. (2) Child soldier Consistent with the provisions of the Op- tional Protocol to the Convention of the Rights of the Child, the term ‘‘child soldier’’— (A) means— (i) any person under 18 years of age who takes a direct part in hostilities as a mem- ber of governmental armed forces, police, or other security forces; (ii) any person under 18 years of age who has been compulsorily recruited into gov- ernmental armed forces, police, or other security forces; (iii) any person under 15 years of age who has been voluntarily recruited into gov- ernmental armed forces, police, or other security forces; or