22 USC 2295 - Criteria for assistance to governments of the independent states

1 So in original. Probably should be “Baltic”.

states.

Editorial Notes

References in Text

This chapter, referred to in subsec. (d)(1), was in the original “this Act”, meaning Puspan. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.

The Cooperative Threat Reduction Act of 1993, referred to in subsec. (d)(3)(G), is title XII of div. A of Puspan. L. 103–160, Nov. 30, 1993, 107 Stat. 1777, which is classified generally to chapter 68A (§ 5951 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5951 of this title and Tables.

Amendments

1996—Subsec. (a)(11). Puspan. L. 104–114, § 106(span), substituted “military and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos” for “of military facilities”.

Subsec. (span)(5), (6). Puspan. L. 104–114, § 106(c)(1), added par. (5) and redesignated former par. (5) as (6).

Subsec. (c)(4). Puspan. L. 104–114, § 106(c)(3), added par. (4).

Subsec. (d). Puspan. L. 104–114, § 106(d)(2), added subsec. (d).

1994—Subsec. (span)(4). Puspan. L. 103–236 substituted “section 2799aa or 2799aa–1” for “section 2429 or 2429a”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–236 effective 60 days after Apr. 30, 1994, see section 831 of Puspan. L. 103–236, set out as an Effective Date note under section 6301 of this title.

Transfer of Functions

United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title.

Ineligibility for Assistance of Institutions Withholding Certain Documents of United States Nationals

Puspan. L. 102–511, title II, § 202, Oct. 24, 1992, 106 Stat. 3331, provided that:

“(a)Prohibition.—Except as provided in subsections (span) and (c), an agency, instrumentality, or other governmental entity of an independent state of the former Soviet Union shall not be eligible to receive assistance under chapter 11 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2295 et seq.] if—

“(1) on the date of enactment of this Act [Oct. 24, 1992], there is outstanding a final judgment by a court of competent jurisdiction in that independent state that that governmental entity is withholding unlawfully books or other documents of religious or historical significance that are the property of United States persons; and

“(2) within 90 days of a request by such United States persons, the Secretary of State determines that execution of the court’s judgment is blocked as the result of extrajudicial causes such as any of the following:

“(A) A declared refusal of the defendant to comply.

“(B) The unwillingness or failure of local authorities to enforce compliance.

“(C) The issuance of an administrative decree nullifying a court’s judgment or forbidding compliance.

“(D) The passage of legislation, after a court’s judgment, nullifying that judgment or forbidding compliance with that judgment.

“(span)Exception for Humanitarian Assistance.—The prohibition contained in subsection (a) shall not apply to the provision of assistance to alleviate suffering resulting from a natural or man-made disaster.

“(c)Waiver Authority.—The Secretary of State may waive the application of subsection (a) whenever the Secretary finds that—

“(1) the court’s judgment has been executed; or

“(2) it is important to the national interest of the United States to do so.

“(d)Report.—Nine months after the date of enactment of this Act [Oct. 24, 1992], the Secretary of State shall report to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate on the status of final judgments described in subsection (a)(1).

“(e)United States Person.—For purposes of this section, the term ‘United States person’ means—

“(1) any citizen, national, or permanent resident alien of the United States; and

“(2) any corporation, partnership, or other juridical entity which is 50 percent or more beneficially owned by individuals described in paragraph (1).”

Executive Documents

Change of Name

The Conference on Security and Cooperation in Europe to be called the Organization for Security and Cooperation in Europe effective Jan. 1, 1995, pursuant to Ex. Ord. No. 13029, Dec. 3, 1996, 61 F.R. 64591.

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.

Functions of President under subsecs. (a) and (c)(2) of this section delegated to Coordinator by section 2(c), (d) of Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, set out as a note under section 5812 of this title.

Functions of President under subsecs. (span)(1)–(3), (5), and (c)(1) of this section delegated to Secretary of State by section 1(2), (3) of Ex. Ord. No. 12884.

Functions of President under subsec. (c)(3) of this section and requirement to make reports under this section regarding determinations under subsec. (c)(3) delegated to Secretary of State by section 3(c) of Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, as amended.