22 U.S.C. § 2281 — ‘‘Debt-for-nature exchange’’ defined

Page 717 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2281 2 So in original. Probably should be ‘‘subparagraphs (A) and (B)’’. 3 So in original. Probably should be ‘‘subsection (d)’’. 4 So in original. Probably should be ‘‘subsection (c),’’. (iii) otherwise ineligible to be admitted or paroled into the United States or to re- ceive any other benefit under the Immi- gration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visas revoked (i) In general The issuing consular officer or the Sec- retary of State, (or a designee of the Sec- retary of State) shall, in accordance with section 221(i) of the Immigration and Na- tionality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to a foreign person regardless of when the visa or other entry documentation is issued. (ii) Effect of revocation A revocation under clause (i) shall— (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession. (2) Exception to comply with international ob- ligations Sanctions under subparagraph (B) and (C) 2 of paragraph (1) shall not apply with respect to a foreign person if admitting or paroling such person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable inter- national obligations. (e) National security waiver The President may waive the application of the sanctions under subsection (c) 3 if the Presi- dent— (1) determines that such a waiver is in the national security interest of the United States; and (2) submits to the appropriate congressional committees within 15 days after such deter- mination a notice of and justification for the waiver. (f) Termination The authority to impose sanctions under sub- section (b),4 and any sanctions imposed pursuant to such authority, shall expire on the date that is 3 years after December 27, 2020. (g) Public availability The unclassified portion of the report required by subsection (b) shall be made available to the public, including through publication in the Federal Register. In any case in which the Presi- dent concludes that such publication would be harmful to the national security of the United States, only a statement that a determination or finding has been made by the President, in- cluding the name and section of the Act under which it was made, shall be published. (h) Definitions In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; (2) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. (Pub. L. 116–260, div. FF, title III, § 353, Dec. 27, 2020, 134 Stat. 3129; Pub. L. 117–54, § 7, Nov. 10, 2021, 135 Stat. 418.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsec. (d)(1)(A)(iii), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. CODIFICATION Section was enacted as part of the United States – Northern Triangle Enhanced Engagement Act, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter. AMENDMENTS 2021—Pub. L. 117–54 substituted ‘‘, Honduras, and Nicaragua’’ for ‘‘and Honduras’’ in section catchline and wherever appearing in text. Executive Documents DELEGATION OF CERTAIN AUTHORITIES AND FUNCTIONS UNDER SECTION 353 OF THE UNITED STATES-NORTHERN TRIANGLE ENHANCED ENGAGEMENT ACT Memorandum of President of the United States, June 21, 2021, 86 F.R. 34591, provided: Memorandum for the Secretary of State 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 State all authorities and functions vested in the President by section 353 of the United States-Northern Triangle En- hanced Engagement Act (Subtitle F of Title III of Divi- sion FF of Public Law 116–260) (the ‘‘Act’’) [22 U.S.C. 2277a]. Any reference herein to the Act related to the subject of this memorandum shall be deemed to include ref- erences to any hereafter-enacted [June 21, 2021] provi- sions of law that are the same or substantially the same as such provisions. You are authorized and directed to publish this memorandum in the Federal Register. J.R. BIDEN, JR. PART VII—DEBT-FOR-NATURE EXCHANGES § 2281. ‘‘Debt-for-nature exchange’’ defined For purpose of this part, the term ‘‘debt-for- nature exchange’’ means the cancellation or re- demption of the foreign debt of the government of a country in exchange for— (1) that government’s making available local currencies (including through the issuance of bonds) which are used only for eligible projects involving the conservation or protec- tion of the environment in that country (as described in section 2283 of this title); or (2) that government’s financial resource or policy commitment to take certain specified Page 718 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2282 actions to ensure the restoration, protection, or sustainable use of natural resources within that country; or (3) a combination of assets and actions under both paragraphs (1) and (2). (Pub. L. 87–195, pt. I, § 461 [471], as added Pub. L. 101–240, title VII, § 711, Dec. 19, 1989, 103 Stat. 2521.) Editorial Notes REFERENCES IN TEXT Section 2283 of this title, referred to in par. (1), was in the original ‘‘section 463’’, meaning section 463 of Pub. L. 87–195, which has been translated as meaning section 463 of Pub. L. 87–195 relating to eligible projects rather than section 463 of Pub. L. 87–195, relating to the peace process in Central America, which is classified to section 2273 of this title. CODIFICATION Another section 461 of Pub. L. 87–195 is classified to section 2271 of this title. PRIOR PROVISIONS A prior section 2281, Pub. L. 87–195, pt. I, § 471, as added Pub. L. 89–583, pt. I, § 110, Sept. 19, 1966, 80 Stat. 802, related to agreements with less developed countries for establishment of Joint Commissions on Rural De- velopment, prior to repeal by Pub. L. 95–424, title VI, § 604, Oct. 6, 1978, 92 Stat. 961, effective Oct. 1, 1978. § 2282. Assistance for commercial debt exchanges (a) The Administrator of the Agency for Inter- national Development is authorized to furnish assistance, in the form of grants on such terms and conditions as may be necessary, to non- governmental organizations for the purchase on the open market of discounted commercial debt of a foreign government of an eligible country which will be canceled or redeemed under the terms of an agreement with that government as part of a debt-for-nature exchange. (b) Notwithstanding any other provision of law, a grantee (or any subgrantee) of the grants referred to in subsection (a) may retain, without deposit in the Treasury of the United States and without further appropriation by Congress, in- terest earned on the proceeds of any resulting debt-for-nature exchange pending the disburse- ments of such proceeds and interest for approved program purposes, which may include the estab- lishment of an endowment, the income of which is used for such purposes. (Pub. L. 87–195, pt. I, § 462 [472], as added Pub. L. 101–240, title VII, § 711, Dec. 19, 1989, 103 Stat. 2521.) Editorial Notes CODIFICATION Another section 462 of Pub. L. 87–195 is classified to section 2272 of this title. § 2283. Eligible projects (a) The Administrator of the Agency for Inter- national Development shall seek to ensure that debt-for-nature exchanges under this part sup- port one or more of the following activities by either the host government, a local private con- servation group, or a combination thereof: (1) restoration, protection, or sustainable use of the world’s oceans and atmosphere; (2) restoration, protection, or sustainable use of diverse animal and plant species; (3) establishment, restoration, protection, and maintenance of parks and reserves; (4) development and implementation of sound systems of natural resource manage- ment; (5) development and support of local con- servation programs; (6) training programs to strengthen con- servation institutions and increase scientific, technical, and managerial capabilities of indi- viduals and organizations involved in con- servation efforts; (7) efforts to generate knowledge, increase understanding, and enhance public commit- ment to conservation; (8) design and implementation of sound pro- grams of land and ecosystem management; and (9) promotion of regenerative approaches in farming, forestry, fishing, and watershed man- agement. (b)(1) In cooperation with nongovernmental organizations, the Administrator of the Agency for International Development shall seek to identify those areas, which because of an immi- nent threat, are in particular need of immediate attention to prevent the loss of unique biologi- cal life or valuable ecosystem. (2) The Administrator of the Agency for Inter- national Development shall encourage as many eligible countries as possible to propose such ex- changes with the purpose of demonstrating to a large number of governments the feasibility and benefits of sustainable development. (Pub. L. 87–195, pt. I, § 463 [473], as added Pub. L. 101–240, title VII, § 711, Dec. 19, 1989, 103 Stat. 2522.) Editorial Notes CODIFICATION Another section 463 of Pub. L. 87–195 is classified to section 2273 of this title. § 2284. Eligible countries In order for a foreign country to be eligible to participate in a debt-for-nature exchange under this part, the Administrator of the Agency for International Development shall determine that— (1) the host country is fully committed to the long-term viability of the program or project that is to be undertaken through the debt-for-nature exchange; (2) a long-term plan has been prepared by the host country, or private conservation group, which adequately provides for the long- term viability of the program or project that is to be undertaken through the debt-for-na- ture exchange or that such a plan will be pre- pared in a timely manner; and (3) there is a government agency or a local nongovernmental organization, or combina- tion thereof, in the host country with the ca- pability, commitment, and record of environ- mental concern to oversee the long-term via-