-EXEC-

EX. ORD. NO. 10108. DESIGNATION OF U.S. MISSION TO UNITED NATIONS

Ex. Ord. No. 10108, Feb. 9, 1950, 15 F.R. 757, provided:

By virtue of the authority vested in me by the United Nations

Participation Act of 1945 (59 Stat. 619) [this subchapter], as

amended by the act of October 10, 1949, 63 Stat. 734, and as

President of the United States, it is hereby ordered as follows:

1. The Representative of the United States to the United Nations,

the Deputy Representative of the United States to the United

Nations, the Deputy Representative of the United States to the

Security Council of the United Nations, representatives of the

United States in the Economic and Social Council of the United

Nations and its Commissions, representatives of the United States

in the Trusteeship Council, the Atomic Energy Commission, the

Commission for Conventional Armaments, and the Military Staff

Committee of the United Nations, and representatives to organs and

agencies of the United Nations appointed or designated and included

within the United States Mission to the United Nations as herein

designated, together with their deputies, staffs, and offices -

shall constitute and be known as the United States Mission to the

United Nations.

2. The Representative of the United States to the United Nations

shall be the Chief of Mission in charge of the United States

Mission to the United Nations. The Chief of Mission shall

coordinate at the seat of the United Nations the activities of the

Mission in carrying out the instructions of the President

transmitted either by the Secretary of State or by other means of

transmission as directed by the President. Instructions to the

representatives of the United States Joint Chiefs of Staff in the

Military Staff Committee of the United Nations shall be transmitted

by the Joint Chiefs of Staff. On request of the Chief of Mission,

such representatives shall, in addition to their responsibilities

under the Charter of the United Nations, serve as advisers in the

United States Mission to the United Nations.

3. The Chief of Mission shall be responsible for the

administration of the Mission, including personnel, budget,

obligation and expenditure of funds, and the central administrative

services; provided that he shall not be responsible for the

internal administration of the personnel, budget, and obligation

and expenditure of funds of the representatives of the United

States Joint Chiefs of Staff in the Military Staff Committee of the

United Nations. The Chief of Mission shall discharge his

responsibilities under this paragraph in accordance with such rules

and regulations as the Secretary of State may from time to time

prescribe.

4. The Deputy Representative of the United States to the United

Nations shall be the Deputy Chief of Mission, who shall act as

Chief of Mission in the absence of the Representative of the United

States to the United Nations.

5. This order supersedes Executive Order No. 9844 of April 28,

1947, entitled "Designating the United States Mission to the United

Nations and Providing for Its Direction and Administration."

EX. ORD. NO. 10422. LOYALTY PROCEDURES FOR EMPLOYEES

Ex. Ord. No. 10422, Jan. 9, 1953, 18 F.R. 239, as amended by Ex.

Ord. No. 10459, June 2, 1953, 18 F.R. 3183; Ex. Ord. No. 10763,

Apr. 23, 1958, eff. July 1, 1958, 23 F.R. 2767; Ex. Ord. No. 11890,

Dec. 10, 1975, 40 F.R. 57775; Ex. Ord. No. 12107, Dec. 28, 1978, 44

F.R. 1055, provided:

PART I - INVESTIGATION OF UNITED STATES CITIZENS EMPLOYED OR BEING

CONSIDERED FOR EMPLOYMENT ON THE SECRETARIAT OF THE UNITED NATIONS

1. Whenever the Secretary of State receives, from the Secretary

General of the United Nations, the name of and other necessary

identifying data concerning each United States citizen employed or

being considered for employment by the United Nations, the

Secretary of State shall, consistent with the Privacy Act of 1974

(5 U.S.C. 552a) and other applicable law, cause an investigation to

be conducted as provided in paragraph 2 of this Part, or forward

the information received from the Secretary General to the Office

of Personnel Management, which shall conduct an investigation,

consistent with the Privacy Act of 1974 (5 U.S.C. 552a) and other

applicable law, as provided in paragraphs 3 and 4 of this Part.

2. With respect to all applicants for short term appointments

which will not exceed six months and which are not appointments to

United Nations Secretariat professional posts or posts subject to

geographical distribution, the Secretary of State shall cause an

investigation to be conducted, which investigation shall be limited

to a search of the files of the Department of State. If the

investigation reveals any derogatory information within the meaning

of the standard set forth in Part II of this order, the information

received from the Secretary General of the United Nations shall be

forwarded to the Office of Personnel Management, which shall

conduct an investigation.

3. (a) Whenever the Office of Personnel Management receives the

information forwarded by the Secretary General to the Secretary of

State, the Office of Personnel Management shall conduct a National

Agency Check. Each National Agency Check shall include reference to

the following: (1) Federal Bureau of Investigation files; (2)

Office of Personnel Management files; (3) Military Intelligence

files as appropriate; and (4) files of any other appropriate

Government investigative or intelligence agency.

(b) If the investigation conducted by the Office of Personnel

Management reveals that a favorable National Agency Check was

previously completed, and the investigation conducted by the Office

of Personnel Management has not disclosed any derogatory

information within the meaning of the standard set forth in Part II

of this order, completion of a new National Agency Check is not

required if: (1) the applicant is or was previously employed by the

same or another international organization without an immediately

prior break in such service exceeding one year; (2) the applicant

is or was a United States Government civilian or military employee,

or a United States Government contract employee, without an

immediately prior break in such employment exceeding one year; or

(3) the applicant is transferred or detailed from an agency of the

United States Government pursuant to the provisions of sections

3343, 3581, 3582, 3583, or 3584 of Title 5 of the United States

Code.

4. Whenever information disclosed with respect to any person

being investigated is derogatory, within the standard set forth in

Part II of this order, the Office of Personnel Management shall

forward such information to the Federal Bureau of Investigation,

and the Bureau shall conduct a full field investigation of such

persons.

5. Reports of full field investigations shall be forwarded

through the Office of Personnel Management to the International

Organizations Employees Loyalty Board, established by Part IV of

this order and hereinafter referred to as the Board. Whenever such

a report contains derogatory information, under the standard set

forth in Part II of this order, there shall be made available to

the person in question the procedures of the Board provided or

authorized by Part IV of this order (including the opportunity of a

hearing) for inquiring into the loyalty of the person as a United

States citizen in accordance with the standard set forth in Part II

of this order. The Board shall transmit its determinations, as

advisory opinions, together with the reasons therefor stated in as

much detail as the Board determines that security considerations

permit, to the Secretary of State for transmission to the Secretary

General of the United Nations for his use in exercising his rights

and duties with respect to the personnel of the United Nations as

set out in the Charter and in regulations and decisions of the

competent organs of the United Nations.

6. At any stage during the investigation or Board proceeding, the

Board may transmit to the Secretary of State, for forwarding to the

Secretary General, in as much detail as the Board determines that

security considerations permit, the derogatory information

disclosed by investigation. This shall be for the purpose of

assisting the Secretary General in determining whether or not he

should take action with respect to the employee, or the person

being considered for employment, prior to the completion of the

procedures outlined in this order. The making available of any such

information shall be without prejudice to the right of full hearing

as provided for herein.

7. The Secretary of State shall notify the Secretary General in

all cases in which no derogatory information has been developed.

PART II - STANDARD

1. The standard to be used by the Board in making an advisory

determination as provided for in paragraph 5 of Part I of this

order with respect to a United States citizen who is an employee

of, or is being considered for employment by, the United Nations,

shall be whether or not on all the evidence there is a reasonable

doubt as to the loyalty of the person involved to the Government of

the United States.

2. Activities and associations of a United States citizen who is

an employee or being considered for employment by the United

Nations which may be considered in connection with the

determination whether or not on all the evidence there is a

reasonable doubt as to the loyalty of the person involved to the

Government of the United States may include one or more of the

following:

(a) Sabotage, espionage, or attempts or preparations therefor, or

knowingly associating with spies or saboteurs.

(b) Treason or sedition or advocacy thereof.

(c) Advocacy of revolution or force or violence to alter the

constitutional form of government of the United States.

(d) Intentional, unauthorized disclosure to any person, under

circumstances which may indicate disloyalty to the United States,

of United States documents or United States information of a

confidential or non-public character obtained by the person making

the disclosure as a result of his previous employment by the

Government of the United States or otherwise.

(e) Performing or attempting to perform his duties, or otherwise

acting, while an employee of the United States Government during a

previous period, so as to serve the interests of another government

in preference to the interests of the United States.

(f) Knowing membership with the specific intent of furthering the

aims of, or adherence to and active participation in, any foreign

or domestic organization, association, movement, group or

combination of persons, which unlawfully advocates or practices the

commission of acts of force or violence to prevent others from

exercising their rights under the Constitution or laws of the

United States, or of any State, or which seeks to overthrow the

Government of the United States or any State or subdivision thereof

by unlawful means.

PART III - OTHER INTERNATIONAL ORGANIZATIONS

The provisions of Parts I and II of this order shall be

applicable to United States citizens who are employees of, or are

being considered for employment by, other public international

organizations of which the United States Government is a member, by

arrangement between the executive head of the international

organization concerned and the Secretary of State or other officer

of the United States designated by the President.

PART IV - INTERNATIONAL ORGANIZATIONS EMPLOYEES LOYALTY BOARD

1. There is hereby established in the Office of Personnel

Management an International Organizations Employees Loyalty Board

of not less than three impartial persons, the members of which

shall be officers or employees of the Office.

2. The Board shall have authority in cases referred to it under

this order to inquire into the loyalty to the Government of the

United States of United States citizens employed, or considered for

employment, by international organizations of which the United

States is a member, and to make advisory determinations in such

cases, under the standard set forth in Part II of this order, for

transmission by the Secretary of State to the executive heads of

the international organizations coming under the arrangements made

pursuant to Parts I and III of this order.

3. The Board shall make necessary rules and regulations, not

inconsistent with the provisions of this order, for the execution

of its functions. There shall be included in such rules and

regulations provisions for furnishing each person whose case is

considered by the Board:

(a) A written statement of the alleged derogatory information, in

as much detail as security considerations permit.

(b) An opportunity to answer or comment upon the statement of

alleged derogatory information, in writing, and to submit

affidavits.

(c) An opportunity for hearing before the Board, or a panel

thereof of at least three members, including the right of the

person to be represented by counsel, to present witnesses and other

evidence in his behalf, and to cross-examine witnesses offered in

support of the derogatory information: Provided, That the Board

shall conduct its hearings in such manner as to protect from

disclosure information affecting the national security.

4. Based upon all the evidence before it, including such

confidential information as it may have in its possession, the

Board shall make its determinations in writing, and shall send to

each person who is the subject thereof a copy. In cases in which

hearing or other action is by a panel of three members, the action

or determination of the panel shall constitute the action or

determination of the Board, except that rules and regulations

pursuant to paragraph 3 of this Part shall be adopted by action of

the Board as a whole.

5. Except as otherwise specified in this order, the Office of

Personnel Management shall provide the necessary investigative and

other services required by the Board. All agencies of the executive

branch of the Government are authorized and directed to cooperate

with the Board, and, to the extent permitted by law, to furnish the

Board such information and assistance as it may require in the

performance of its functions.

6. All cases arising under this order which are pending before

the Regional Loyalty Boards and the Loyalty Review Board of the

Commission on the effective date of Executive Order No. 10450 of

April 27, 1953, shall on that date be transferred to the Board.

DELEGATION OF AUTHORITY ON RATES OF COMPENSATION FOR U.S.

REPRESENTATIVES TO THE UNITED NATIONS

Memorandum of President of the United States, Apr. 1, 1997, 62

F.R. 18261, provided:

Memorandum for the Secretary of State

By virtue of the authority vested in me by the Constitution and

laws of the United States of America, including 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 section

2(g) of the United Nations Participation Act of 1945 (Public Law

79-264, 22 U.S.C. 287(g)).

You are authorized and directed to publish this memorandum in the

Federal Register.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 287a, 287e of this title.

-End-

-CITE-

22 USC Sec. 287a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION

-HEAD-

Sec. 287a. Action by representatives in accordance with

Presidential instructions; voting

-STATUTE-

The representatives provided for in section 287 of this title,

when representing the United States in the respective organs and

agencies of the United Nations, shall, at all times, act in

accordance with the instructions of the President transmitted by

the Secretary of State unless other means of transmission is

directed by the President, and such representatives shall, in

accordance with such instructions, cast any and all votes under the

Charter of the United Nations.

-SOURCE-

(Dec. 20, 1945, ch. 583, Sec. 3, 59 Stat. 620.)

-End-

-CITE-

22 USC Sec. 287b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION

-HEAD-

Sec. 287b. Reports to Congress by President

-STATUTE-

(a) Periodic reports

The President shall, from time to time as occasion may require,

but not less than once each year, make reports to the Congress of

the activities of the United Nations and of the participation of

the United States therein.

(b) Annual report on financial contributions

Not later than July 1 of each year, the Secretary of State shall

submit a report to the designated congressional committees on the

extent and disposition of all financial contributions made by the

United States during the preceding year to international

organizations in which the United States participates as a member.

(c) Annual report

In addition to the report required by subsection (a) of this

section, the President, at the time of submission of the annual

budget request to the Congress, shall submit to the designated

congressional committees a report that includes the following:

(1) Costs of peacekeeping operations

(A) In accordance with section 407(a)(5)(B) of the Foreign

Relations Authorization Act, Fiscal Years 1994 and 1995,(!1) a

description of all assistance provided by the United States to

the United Nations to support peacekeeping operations during the

previous calendar quarter and during the previous year.

(B) With respect to United Nations peacekeeping operations -

(i) the aggregate cost of all United Nations peacekeeping

operations for the prior fiscal year;

(ii) the costs of each United Nations peacekeeping operation

for the prior fiscal year; and

(iii) the amount of United States contributions (both

assessed and voluntary) to United Nations peacekeeping

operations on an operation-by-operation basis for the prior

fiscal year.

(C) With respect to other international peacekeeping operations

in which the United States participates -

(i) the aggregate cost of all such operations for the prior

fiscal year;

(ii) the costs of each such operation for the prior fiscal

year; and

(iii) the amount of United States contributions (both

assessed and voluntary) to such operations on an

operation-by-operation basis for the prior fiscal year.

(D) In the case of the first 2 reports submitted pursuant to

this subsection, a projection of all United States costs for

United Nations peacekeeping operations during each of the next 2

fiscal years, including assessed and voluntary contributions.

(2) Other matters regarding peacekeeping operations

(A) An assessment of the effectiveness of ongoing international

peacekeeping operations, their relevance to United States

national interests, the efforts by the United Nations and other

international organizations (as applicable) to resolve the

relevant armed conflicts, and the projected termination dates for

all such operations.

(B) The dollar value and percentage of total peacekeeping

contracts that have been awarded to United States contractors

during the previous year.

(3) United Nations reform

(A)(i) A description of the status of efforts to establish and

implement an independent office of the Inspector General at the

United Nations.

(ii) If an office of the Inspector General has been established

at the United Nations, a discussion of whether the Inspector

General is keeping the Secretary General and the members of the

General Assembly fully informed about problems, deficiencies, the

necessity for corrective action, and the progress of corrective

action.

(iii) For purposes of this subparagraph, the term "office of

the Inspector General" means an independent office (or other

independent entity) established by the United Nations to conduct

and supervise objective audits, inspections, and investigations

relating to the programs and operations of the United Nations.

(B) A description of the status of efforts to reduce the United

States peacekeeping assessment rate.

(C) A description of the status of other United States efforts

to achieve financial and management reform at the United Nations.

(4) Military personnel participating in multinational forces

A description of -

(A) the status under international law of members of

multinational forces, including the legal status of such

personnel if captured, missing, or detained;

(B) the extent of the risk for United States military

personnel who are captured while participating in multinational

forces in cases where their captors fail to respect the 1949

Geneva Conventions and other international agreements intended

to protect prisoners of war; and

(C) the specific steps that have been taken to protect United

States military personnel participating in multinational

forces, together (if necessary) with any recommendations for

the enactment of legislation to achieve that objective.

(5) Human rights and U.N. peacekeeping forces

A description of the efforts by United Nations peacekeeping

forces to promote and protect internationally recognized human

rights standards, including the status of investigations in any

case of alleged human rights violations during the preceding year

by personnel participating in United Nations peacekeeping forces,

as well as any action taken in such cases.

(d) Consultations and reports on United Nations peacekeeping

operations

(1) Consultations

Each month the President shall consult with Congress on the

status of United Nations peacekeeping operations.

(2) Information to be provided

In connection with such consultations, the following

information shall be provided each month to the designated

congressional committees:

(A) With respect to ongoing United Nations peacekeeping

operations, the following:

(i) A list of all resolutions of the United Nations

Security Council anticipated to be voted on during such month

that would extend or change the mandate of any United Nations

peacekeeping operation.

(ii) For each such operation, any changes in the duration,

mandate, and command and control arrangements that are

anticipated as a result of the adoption of the resolution.

(iii) An estimate of the total cost to the United Nations

of each such operation for the period covered by the

resolution, and an estimate of the amount of that cost that

will be assessed to the United States.

(iv) Any anticipated significant changes in United States

participation in or support for each such operation during

the period covered by the resolution (including the provision

of facilities, training, transportation, communication, and

logistical support, but not including intelligence activities

reportable under title V of the National Security Act of 1947

(50 U.S.C. 413 et seq.)), and the estimated costs to the

United States of such changes.

(B) With respect to each new United Nations peacekeeping

operation that is anticipated to be authorized by a Security

Council resolution during such month, the following information

for the period covered by the resolution:

(i) The anticipated duration, mandate, and command and

control arrangements of such operation, the planned exit

strategy, and the vital national interest to be served.

(ii) An estimate of the total cost to the United Nations of

the operation, and an estimate of the amount of that cost

that will be assessed to the United States.

(iii) A description of the functions that would be

performed by any United States Armed Forces participating in

or otherwise operating in support of the operation, an

estimate of the number of members of the Armed Forces that

will participate in or otherwise operate in support of the

operation, and an estimate of the cost to the United States

of such participation or support.

(iv) A description of any other United States assistance to

or support for the operation (including the provision of

facilities, training, transportation, communication, and

logistical support, but not including intelligence activities

reportable under title V of the National Security Act of 1947

(50 U.S.C. 413 et seq.)), and an estimate of the cost to the

United States of such assistance or support.

(v) A reprogramming of funds pursuant to section 2706 of

this title, submitted in accordance with the procedures set

forth in such section, describing the source of funds that

will be used to pay for the cost of the new United Nations

peacekeeping operation, provided that such notification shall

also be submitted to the Committee on Appropriations of the

House of Representatives and the Committee on Appropriations

of the Senate.

(3) Form and timing of information

(A) Form

The President shall submit information under clauses (i) and

(iii) of paragraph (2)(A) in writing.

(B) Timing

(i) Ongoing operations

The information required under paragraph (2)(A) for a month

shall be submitted not later than the 10th day of the month.

(ii) New operations

The information required under paragraph (2)(B) shall be

submitted in writing with respect to each new United Nations

peacekeeping operation not less than 15 days before the

anticipated date of the vote on the resolution concerned

unless the President determines that exceptional

circumstances prevent compliance with the requirement to

report 15 days in advance. If the President makes such a

determination, the information required under paragraph

(2)(B) shall be submitted as far in advance of the vote as is

practicable.

(4) New United Nations peacekeeping operation defined

As used in paragraph (2), the term "new United Nations

peacekeeping operation" includes any existing or otherwise

ongoing United Nations peacekeeping operation -

(A) where the authorized force strength is to be expanded;

(B) that is to be authorized to operate in a country in which

it was not previously authorized to operate; or

(C) the mandate of which is to be changed so that the

operation would be engaged in significant additional or

significantly different functions.

(5) Notification and quarterly reports regarding United States

assistance

(A) Notification of certain assistance

(i) In general

The President shall notify the designated congressional

committees at least 15 days before the United States provides

any assistance to the United Nations to support peacekeeping

operations.

(ii) Exception

This subparagraph does not apply to -

(I) assistance having a value of less than $3,000,000 in

the case of nonreimbursable assistance or less than

$14,000,000 in the case of reimbursable assistance; or

(II) assistance provided under the emergency drawdown

authority of sections 2318(a)(1) and 2348a(c)(2) of this

title.

(B) Annual report

The President shall submit an annual report to the designated

congressional committees on all assistance provided by the

United States during the preceding calendar year to the United

Nations to support peacekeeping operations. Each such report

shall describe the assistance provided for each such operation,

listed by category of assistance.

(e) Designated congressional committees

In this section, the term "designated congressional committees"

means the Committee on Foreign Relations and the Committee on

Appropriations of the Senate and the Committee on International

Relations and the Committee on Appropriations of the House of

Representatives.

(f) Relationship to other notification requirements

Nothing in this section is intended to alter or supersede any

notification requirement with respect to peacekeeping operations

that is established under any other provision of law.

-SOURCE-

(Dec. 20, 1945, ch. 583, Sec. 4, 59 Stat. 620; Pub. L. 103-236,

title IV, Secs. 406, 407(b), Apr. 30, 1994, 108 Stat. 448, 450;

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VII, Sec.

724(a)(1), (2), (b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-465,

1501A-467; Pub. L. 107-228, div. A, title IV, Sec. 405(a), Sept.

30, 2002, 116 Stat. 1390.)

-REFTEXT-

REFERENCES IN TEXT

Section 407(a)(5)(B) of the Foreign Relations Authorization Act,

Fiscal Years 1994 and 1995, referred to in subsec. (c)(1)(A), is

section 407(a)(5)(B) of Pub. L. 103-236, which was set out below,

prior to repeal by Pub. L. 106-113.

The National Security Act of 1947, referred to in subsec.

(d)(2)(A)(iv), (B)(iv), is act July 26, 1947, ch. 343, 61 Stat.

495, as amended. Title V of the Act is classified generally to

subchapter III (Sec. 413 et seq.) of chapter 15 of Title 50, War

and National Defense. For complete classification of this Act to

the Code, see Short Title note set out under section 401 of Title

50 and Tables.

-COD-

CODIFICATION

Another subsec. (a)(2) of section 724 of Pub. L. 106-113, div. B,

Sec. 1000(a)(7), repealed section 407(a) of Pub. L. 103-236,

formerly set out as a note below.

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-228, Sec. 405(a)(1), (2), added

subsec. (b) and struck out heading and text of former subsec. (b).

Text read as follows: "Not later than 3 days (excluding Saturdays,

Sundays, and legal holidays) after adoption of any resolution by

the Security Council, the Secretary of State shall transmit the

text of such resolution and any supporting documentation to the

designated congressional committees."

Subsecs. (c), (d). Pub. L. 107-228, Sec. 405(a)(1), (4),

redesignated subsecs. (d) and (e) as (c) and (d), respectively, and

struck out heading and text of former subsec. (c). Text read as

follows: "The Secretary of State shall promptly transmit to the

designated congressional committees any published report prepared

by the United Nations and distributed to the members of the

Security Council that contains assessments of any proposed,

ongoing, or concluded United Nations peacekeeping operation."

Subsec. (e). Pub. L. 107-228, Sec. 405(a)(4), redesignated

subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsec. (e)(5)(B). Pub. L. 107-228, Sec. 405(a)(3), added subpar.

(B) and struck out former subpar. (B) which related to quarterly

reports.

Subsecs. (f), (g). Pub. L. 107-228, Sec. 405(a)(4), redesignated

subsec. (g) as (f). Former subsec. (f) redesignated (e).

1999 - Subsec. (a). Pub. L. 106-113, Sec. 1000(a)(7) [title VII,

Sec. 724(a)(1)], struck out at end "He shall make special current

reports on decisions of the Security Council to take enforcement

measures under the provisions of the Charter of the United Nations,

and on the participation therein under his instructions, of the

representative of the United States."

Subsecs. (e) to (g). Pub. L. 106-113, Sec. 1000(a)(7) [title VII,

Sec. 724(a)(2), (b)], added subsecs. (e) to (g) and struck out

heading and text of former subsec. (e). Text read as follows: "As

used in this section, the term 'designated congressional

committees' has the meaning given that term by section 415 of the

Foreign Relations Authorization Act, Fiscal Years 1994 and 1995."

1994 - Pub. L. 103-236 designated existing provisions as subsec.

(a), inserted heading, and added subsecs. (b) to (e).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(a) of this section relating to reporting to Congress not less than

once each year, see section 3003 of Pub. L. 104-66, as amended, set

out as a note under section 1113 of Title 31, Money and Finance,

and page 39 of House Document No. 103-7.

CONSULTATIONS AND REPORTS ON UNITED NATIONS PEACEKEEPING OPERATIONS

Pub. L. 103-236, title IV, Sec. 407(a), Apr. 30, 1994, 108 Stat.

448, directed President to consult monthly with Congress on status

of United Nations peacekeeping operations, to provide certain

information to designated congressional committees on a monthly or

interim basis, to notify such committees at least 15 days before

the United States would provide assistance to the United Nations to

support peacekeeping assistance, and to submit quarterly reports on

all such assistance, prior to repeal by Pub. L. 106-113, div. B,

Sec. 1000(a)(7) [div. A, title VII, Sec. 724(a)(2)], Nov. 29, 1999,

113 Stat. 1536, 1501A-467. See subsec. (e) of this section.

DESIGNATED CONGRESSIONAL COMMITTEES

Section 415 of Pub. L. 103-236 provided that: "For purposes of

this part [part A (Secs. 401 to 415) of title IV of Pub. L.

103-236, enacting section 2321n of this title, amending this

section, enacting provisions set out as notes under this section

and section 287e of this title, and amending provisions set out as

notes under section 287e of this title], the term 'designated

congressional committees' means the Committee on Appropriations and

the Committee on Foreign Relations of the Senate and the Committee

on Appropriations and the Committee on Foreign Affairs [now

Committee on International Relations] of the House of

Representatives."

REPORT ON POLICIES PURSUED BY OTHER COUNTRIES IN INTERNATIONAL

ORGANIZATIONS

Pub. L. 98-164, title I, Sec. 117, Nov. 22, 1983, 97 Stat. 1022,

as amended by Pub. L. 100-204, title VII, Sec. 707, Dec. 22, 1987,

101 Stat. 1390, directed Secretary of State to transmit to the

Speaker of the House of Representatives and the chairman of the

Committee on Foreign Relations of the Senate, by Jan. 31 of each

year, a report regarding policies which each member country of

United Nations pursued in international organizations of which

United States was a member, prior to repeal by Pub. L. 103-236,

title I, Sec. 139(27), Apr. 30, 1994, 108 Stat. 399.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 287c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION

-HEAD-

Sec. 287c. Economic and communication sanctions pursuant to United

Nations Security Council Resolution

-STATUTE-

(a) Enforcement measures; importation of Rhodesian chromium

Notwithstanding the provisions of any other law, whenever the

United States is called upon by the Security Council to apply

measures which said Council has decided, pursuant to article 41 of

said Charter, are to be employed to give effect to its decisions

under said Charter, the President may, to the extent necessary to

apply such measures, through any agency which he may designate, and

under such orders, rules, and regulations as may be prescribed by

him, investigate, regulate, or prohibit, in whole or in part,

economic relations or rail, sea, air, postal, telegraphic, radio,

and other means of communication between any foreign country or any

national thereof or any person therein and the United States or any

person subject to the jurisdiction thereof, or involving any

property subject to the jurisdiction of the United States. Any

Executive order which is issued under this subsection and which

applies measures against Southern Rhodesia pursuant to any United

Nations Security Council Resolution may be enforced,

notwithstanding the provisions of any other law. The President may

exempt from such Executive order any shipment of chromium in any

form which is in transit to the United States on March 18, 1977.

(b) Penalties

Any person who willfully violates or evades or attempts to

violate or evade any order, rule, or regulation issued by the

President pursuant to subsection (a) of this section shall, upon

conviction, be find (!1) not more than $10,000 or, if a natural

person, be imprisoned for not more than ten years, or both; and the

officer, director, or agent of any corporation who knowingly

participates in such violation or evasion shall be punished by a

like fine, imprisonment, or both, and any property, funds,

securities, papers, or other articles or documents, or any vessel,

together with her tackle, apparel, furniture, and equipment, or

vehicle, or aircraft, concerned in such violation shall be

forfeited to the United States.

(c) Steel mill products containing chromium; certificate of origin;

regulations; subpenas; certificate exemption; release from

customs custody; definitions

(1) During the period in which measures are applied against

Southern Rhodesia under subsection (a) of this section pursuant to

any United Nations Security Council Resolution, a shipment of any

steel mill product (as such product may be defined by the

Secretary) containing chromium in any form may not be released from

customs custody for entry into the United States if -

(A) a certificate of origin with respect to such shipment has

not been filed with the Secretary; or

(B) in the case of a shipment with respect to which a

certificate of origin has been filed with the Secretary, the

Secretary determines that the information contained in such

certificate does not adequately establish that the steel mill

product in such shipment does not contain chromium in any form

which is of Southern Rhodesian origin;

unless such release is authorized by the Secretary under paragraph

(3)(B) or (C).

(2) The Secretary shall prescribe regulations for carrying out

this subsection.

(3)(A) In carrying out this subsection, the Secretary may issue

subpenas requiring the attendance and testimony of witnesses and

the production of evidence. Any such subpena may, upon application

by the Secretary, be enforced in a civil action in an appropriate

United States district court.

(B) The Secretary may exempt from the certification requirements

of this subsection any shipment of a steel mill product containing

chromium in any form which is in transit to the United States on

March 18, 1977.

(C) Under such circumstances as he deems appropriate, the

Secretary may release from customs custody for entry into the

United States, under such bond as he may require, any shipment of a

steel mill product containing chromium in any form.

(4) As used in this subsection -

(A) the term "certificate of origin" means such certificate as

the Secretary may require, with respect to a shipment of any

steel mill product containing chromium in any form, issued by the

government (or by a designee of such government if the Secretary

is satisfied that such designee is the highest available

certifying authority) of the country in which such steel mill

product was produced certifying that the steel mill product in

such shipment contains no chromium in any form which is of

Southern Rhodesian origin; and

(B) the term "Secretary" means the Secretary of the Treasury.

-SOURCE-

(Dec. 20, 1945, ch. 583, Sec. 5, 59 Stat. 620; Oct. 10, 1949, ch.

660, Sec. 3, 63 Stat. 735; Pub. L. 95-12, Sec. 1, Mar. 18, 1977, 91

Stat. 22.)

-REFTEXT-

REFERENCES IN TEXT

Article 41 of said Charter, referred to in subsec. (a), is an

article of the United Nations Charter.

-MISC1-

AMENDMENTS

1977 - Subsec. (a). Pub. L. 95-12, Sec. 1(1), inserted provision

permitting enforcement of any Executive order, issued under this

subsection, applying measures against Southern Rhodesia and

permitting Presidential exemption from that Executive order of any

shipment of chromium in transit to the United States on Mar. 18,

1977.

Subsec. (c). Pub. L. 95-12, Sec. 1(2), added subsec. (c).

1949 - Subsec. (b). Act Oct. 10, 1949, made aircraft subject to

forfeiture.

-TRANS-

DELEGATION OF AUTHORITY

Authority of President under this section with respect to blocked

funds and other assets of Iraqi Government delegated to Secretary

of the Treasury by section 1 of Ex. Ord. No. 12817, Oct. 21, 1992,

57 F.R. 48433, set out as a note under section 1701 of Title 50,

War and National Defense.

-MISC2-

IMPORTATION OF STRATEGIC AND CRITICAL MATERIALS FROM

ZIMBABWE-RHODESIA

Pub. L. 96-107, title VIII, Sec. 818, Nov. 9, 1979, 93 Stat. 818,

provided that: "It is the sense of the Congress that the United

States should have unlimited access to strategic and critical

materials which are vital to the defense and security of the United

States and that every effort should be made to remove artificial

impediments against the importation of such materials into the

United States from Zimbabwe-Rhodesia."

SANCTIONS AGAINST ZIMBABWE-RHODESIA; REPORT TO CONGRESS

Pub. L. 96-60, title IV, Sec. 408, Aug. 15, 1979, 93 Stat. 405,

provided for termination of sanctions against Zimbabwe-Rhodesia by

Nov. 15, 1979, unless the President determined and reported to

Congress that termination of sanctions would not be in the national

interest, with provision authorizing Congress to reject such

Presidential determination, prior to repeal by Pub. L. 97-241,

title V, Sec. 505(a)(1), Aug. 24, 1982, 96 Stat. 298.

DETERMINATIONS RESPECTING FUTURE ENFORCEMENT OF SANCTIONS AGAINST

RHODESIA

Pub. L. 95-384, Sec. 27, Sept. 26, 1978, 92 Stat. 746, which

related to enforcement of sanctions against Rhodesia, was repealed

by Pub. L. 97-113, title VII, Sec. 734(a)(12), Dec. 29, 1981, 95

Stat. 1560.

SUSPENSION OF AMENDMENT OPERATION BY PRESIDENT; REPORT TO CONGRESS

Section 2 of Pub. L. 95-12 provided that:

"(a) Upon the enactment of this Act [Mar. 18, 1977], the

President may suspend the operation of the amendments contained in

this Act [amending this section] if he determines that such

suspension would encourage meaningful negotiations and further the

peaceful transfer of governing power from minority rule to majority

rule in Southern Rhodesia. Such suspension shall remain in effect

for such duration as deemed necessary by the President.

"(b) If the President suspends the operation of the amendments

contained in this Act [amending this section], he shall so report

to the Congress. In addition, the President shall report to the

Congress when he terminates such suspension.

"(c) If the President suspends the operation of the amendments

contained in this Act [amending this section], any reference in

those amendments to date of enactment [Mar. 18, 1977] shall be

deemed to be a reference to the date on which such suspension is

terminated by the President."

-EXEC-

EXECUTIVE ORDER NO. 11322

Ex. Ord. No. 11322, Jan. 5, 1967, 32 F.R. 119, which related to

transactions involving Southern Rhodesia, was revoked by Ex. Ord.

No. 12183, Dec. 16, 1979, 44 F.R. 74787, set out below.

EXECUTIVE ORDER NO. 11419

Ex. Ord. No. 11419, July 29, 1968, 33 F.R. 10837, which related

to trade and other transactions involving Southern Rhodesia, was

revoked by Ex. Ord. No. 12183, Dec. 16, 1979, 44 F.R. 74787, set

out below.

EX. ORD. NO. 12183. REVOKING RHODESIAN SANCTIONS

Ex. Ord. No. 12183, Dec. 16, 1979, 44 F.R. 74787, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States of America, including Section 5

of the United Nations Participation Act of 1945, as amended (22

U.S.C. 287c), and in order to terminate current limitations

relating to trade and other transactions involving

Zimbabwe-Rhodesia, it is hereby ordered as follows:

1-101. (a) Subject to the provisions of this order, the following

are hereby revoked with respect to transactions occurring after the

effective date of this order:

(1) Executive Order 11322 of January 5, 1967 (32 F.R. 119);

(2) Executive Order 11419 of July 29, 1968 (33 F.R. 10837); and

(3) Executive Order 11978 of March 18, 1977 (42 F.R. 15403).

(b) To the extent consistent with this order, all determinations,

authorizations, regulations, rulings, certificates, orders,

directives, licenses, contracts, agreements, and other actions

made, issued, taken, or entered into under the provisions of such

Executive orders and not previously revoked, superseded, or

otherwise made inapplicable, shall continue in full force and

effect until amended, modified, or terminated by appropriate

authority.

1-102. (a) The Secretaries of State, the Treasury, Commerce, and

Transportation, and the heads of other government agencies, shall

retain the authority and responsibility for the enforcement of

Executive Orders 11322, 11419, and 11978 with respect to

transactions occurring prior to the effective date of this order.

(b) The revocation, in Section 1-101 of this order, of such prior

Executive orders shall not affect:

(1) any act done or omitted to be done or any suit or proceeding

finished or started in civil or criminal cases prior to the

revocation, but all such liabilities, penalties, and forfeitures

under the Executive orders shall continue and may be enforced in

the same manner as if the revocation had not been made; or

(2) any violation of any rules, regulations, orders, licenses, or

other forms of administrative action under those revoked orders

during the periods those orders were in effect.

1-103. (a) The Secretaries of State, the Treasury, Commerce, and

Transportation, and the heads of other government agencies, shall

take the appropriate measures to implement this order.

(b) In carrying out their respective functions and

responsibilities under this order, the Secretaries of the Treasury,

Commerce, and Transportation, and the heads of other government

agencies, shall, as appropriate, consult with the Secretary of

State. Each such Secretary and agency head and the Secretary of

State shall also consult with other government agencies and private

persons, as appropriate.

Jimmy Carter.

EX. ORD. NO. 12918. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT

TO RWANDA AND DELEGATING AUTHORITY WITH RESPECT TO OTHER UNITED

NATIONS ARMS EMBARGOES

Ex. Ord. No. 12918, May 26, 1994, 59 F.R. 28205, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section 5

of the United Nations Participation Act of 1945, as amended (22

U.S.C. 287c), the Export Administration Act of 1979, as amended (50

U.S.C. App. 2401 et seq.), the Arms Export Control Act (22 U.S.C.

2751 et seq.), and section 301 of title 3, United States Code, and

in view of United Nations Security Council Resolution 918 of May

17, 1994, it is hereby ordered as follows:

Section 1. Arms Embargo. The following activities are prohibited,

notwithstanding the existence of any rights or obligations

conferred or imposed by any international agreement or any contract

entered into or any license or permit granted before the effective

date of this order, except to the extent provided in regulations,

orders, directives, or licenses that may hereafter be issued

pursuant to this order: (a) The sale or supply to Rwanda from the

territory of the United States by any person, or by any United

States person in any foreign country or other location, or using

any U.S.-registered vessel or aircraft, of arms and related

materiel of all types, including weapons and ammunition, military

vehicles and equipment, paramilitary police equipment, and spare

parts for the aforementioned, irrespective of origin. This

prohibition does not apply to activities related to the United

Nations Assistance Mission for Rwanda or the United Nations

Observer Mission Uganda-Rwanda or other entities permitted to have

such items by the United Nations Security Council; and

(b) Any willful evasion or attempt to violate or evade any of the

prohibitions set forth in this order, by any person.

Sec. 2. Definitions. For purposes of this order, the term: (a)

"Person" means a natural person as well as a corporation, business

association, partnership, society, trust, or any other entity,

organization or group, including governmental entities; and

(b) "United States person" means any citizen or national of the

United States, any lawful permanent resident of the United States,

or any corporation, business association, partnership, society,

trust, or any other entity, organization or group, including

governmental entities, organized under the laws of the United

States (including foreign branches).

Sec. 3. Responsibilities. The functions and responsibilities for

the enforcement of the foregoing prohibitions are delegated as

follows: (a) The Secretary of State is hereby authorized to take

such actions, including the promulgation of rules and regulations,

and to employ all powers granted to the President by section 5 of

the United Nations Participation Act [22 U.S.C. 287c] and other

authorities available to the Secretary of State, as may be

necessary to carry out the purpose of this order, relating to arms

and related materiel of a type enumerated on the United States

Munitions List (22 C.F.R. Part 121). The Secretary of State may

redelegate any of these functions to other officers and agencies of

the United States Government; and

(b) The Secretary of Commerce, in consultation with the Secretary

of State, is hereby authorized to take such actions, including the

promulgation of rules and regulations, and to employ all powers

granted to the President by section 5 of the United Nations

Participation Act and other authorities available to the Secretary

of Commerce, as may be necessary to carry out the purpose of this

order, relating to arms and related materiel identified in the

Export Administration Regulations (15 C.F.R. Parts 730-799). The

Secretary of Commerce may redelegate any of these functions to

other officers and agencies of the United States Government.

Sec. 4. Authorization. All agencies of the United States

Government are hereby directed to take all appropriate measures

within their authority to carry out the provisions of this order,

including suspension or termination of licenses or other

authorizations in effect as of the date of this order.

Sec. 5. Delegation of Authority. The Secretary of State and the

Secretary of Commerce in consultation with the Secretary of State

are hereby authorized to promulgate rules and regulations, and to

employ all powers granted to the President by section 5 of the

United Nations Participation Act [22 U.S.C. 287c] and not otherwise

delegated by Executive order, as may be necessary to carry out the

purpose of implementing any other arms embargo mandated by

resolution of the United Nations Security Council, consistent with

the allocation of functions delegated under section 3 of this

order. The Secretary of State or the Secretary of Commerce may

redelegate any of these functions to other officers and agencies of

the United States Government.

Sec. 6. Judicial Review. Nothing contained in this order shall

create any right or benefit, substantive or procedural, enforceable

by any party against the United States, its agencies or

instrumentalities, its officers or employees, or any other person.

Sec. 7. Effective Date. This order shall take effect at 11:59

p.m. eastern daylight time on May 26, 1994.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 sections 3409, 3413.

-FOOTNOTE-

(!1) So in original. Probably should be "fined".

-End-

-CITE-

22 USC Sec. 287d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION

-HEAD-

Sec. 287d. Use of armed forces; limitations

-STATUTE-

The President is authorized to negotiate a special agreement or

agreements with the Security Council which shall be subject to the

approval of the Congress by appropriate Act or joint resolution,

providing for the numbers and types of armed forces, their degree

of readiness and general location, and the nature of facilities and

assistance, including rights of passage, to be made available to

the Security Council on its call for the purpose of maintaining

international peace and security in accordance with article 43 of

said Charter. The President shall not be deemed to require the

authorization of the Congress to make available to the Security

Council on its call in order to take action under article 42 of

said Charter and pursuant to such special agreement or agreements

the armed forces, facilities, or assistance provided for therein:

Provided, That, except as authorized in section 287d-1 of this

title, nothing herein contained shall be construed as an

authorization to the President by the Congress to make available to

the Security Council for such purpose armed forces, facilities, or

assistance in addition to the forces, facilities, and assistance

provided for in such special agreement or agreements.

-SOURCE-

(Dec. 20, 1945, ch. 583, Sec. 6, 59 Stat. 621; Oct. 10, 1949, ch.

660, Sec. 4, 63 Stat. 735.)

-REFTEXT-

REFERENCES IN TEXT

Article 43 of said Charter and article 42 of said Charter,

referred to in text, are articles of the United Nations Charter.

Herein, referred to in text, means act Dec. 20, 1945, ch. 583, 59

Stat. 619, as amended, known as the United Nations Participation

Act of 1945, which is classified generally to this subchapter (Sec.

287 et seq.). For complete classification of this Act to the Code,

see Short Title note set out under section 287 of this title and

Tables.

-MISC1-

AMENDMENTS

1949 - Act Oct. 10, 1949, inserted ", except as authorized in

section 287d-1 of this title," in proviso.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 287e-2 of this title.

-End-

-CITE-

22 USC Sec. 287d-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION

-HEAD-

Sec. 287d-1. Noncombatant assistance to United Nations

-STATUTE-

(a) Armed forces details; supplies and equipment; obligation of

funds; procurement and replacement of requested items

Notwithstanding the provisions of any other law, the President,

upon the request by the United Nations for cooperative action, and

to the extent that he finds that it is consistent with the national

interest to comply with such request, may authorize, in support of

such activities of the United Nations as are specifically directed

to the peaceful settlement of disputes and not involving the

employment of armed forces contemplated by chapter VII of the

United Nations Charter -

(1) the detail to the United Nations, under such terms and

conditions as the President shall determine, of personnel of the

armed forces of the United States to serve as observers, guards,

or in any non-combatant capacity, but in no event shall more than

a total of one thousand of such personnel be so detailed at any

one time: Provided, That while so detailed, such personnel shall

be considered for all purposes as acting in the line of duty,

including the receipt of pay and allowances as personnel of the

armed forces of the United States, credit for longevity and

retirement, and all other perquisites appertaining to such duty:

Provided further, That upon authorization or approval by the

President, such personnel may accept directly from the United

Nations (a) any or all of the allowances or perquisites to which

they are entitled under the first proviso hereof, and (b)

extraordinary expenses and perquisites incident to such detail;

(2) the furnishing of facilities, services, or other assistance

and the loan of the agreed fair share of the United States of any

supplies and equipment to the United Nations by the Department of

Defense, under such terms and conditions as the President shall

determine;

(3) the obligation, insofar as necessary to carry out the

purposes of clauses (1) and (2) of this subsection, of any funds

appropriated to the Department of Defense or any department

therein, the procurement of such personnel, supplies, equipment,

facilities, services, or other assistance as may be made

available in accordance with the request of the United Nations,

and the replacement of such items, when necessary, where they are

furnished from stocks.

(b) Reimbursement from United Nations; waiver of reimbursement

Whenever personnel or assistance is made available pursuant to

the authority contained in subsection (a)(1) and (2) of this

section, the President shall require reimbursement from the United

Nations for the expense thereby incurred by the United States:

Provided, That in exceptional circumstances, or when the President

finds it to be in the national interest, he may waive, in whole or

in part, the requirement of such reimbursement: Provided further,

That when any such reimbursement is made, it shall be credited, at

the option of the appropriate department of the Department of

Defense, either to the appropriation, fund, or account utilized in

incurring the obligation, or to an appropriate appropriation, fund,

or account currently available for the purposes for which

expenditures were made.

(c) Additional appropriation authorizations

In addition to the authorization of appropriations to the

Department of State contained in section 287e of this title, there

is hereby authorized to be appropriated to the Department of

Defense, or any department therein, such sums as may be necessary

to reimburse such departments in the event that reimbursement from

the United Nations is waived in whole or in part pursuant to

authority contained in subsection (b) of this section.

(d) Disclosure of information

Nothing in this subchapter shall authorize the disclosure of any

information or knowledge in any case in which such disclosure is

prohibited by any other law of the United States.

-SOURCE-

(Dec. 20, 1945, ch. 583, Sec. 7, as added Oct. 10, 1949, ch. 660,

Sec. 5, 63 Stat. 735; amended Aug. 10, 1949, ch. 412, Sec. 12(a),

63 Stat. 591.)

-CHANGE-

CHANGE OF NAME

National Military Establishment changed to Department of Defense

by act Aug. 10, 1049.

-EXEC-

EX. ORD. NO. 10206. SUPPORT OF PEACEFUL SETTLEMENT OF DISPUTES

Ex. Ord. No. 10206, Jan. 19, 1951, 16 F.R. 529, provided:

By virtue of the authority vested in me by the Constitution and

the statutes, including the United Nations Participation Act of

1945 (59 Stat. 619), as amended [this subchapter], hereinafter

referred to as the Act, and the act of August 8, 1950 (Public Law

673, 81st Congress) [sections 301 to 303 of Title 3, The

President], and as President of the United States, it is hereby

ordered as follows:

1. The Secretary of State, upon the request by the United Nations

for cooperative action, and to the extent that he finds that it is

consistent with the national interest to comply with such request,

is authorized, in support of such activities of the United Nations

as are specifically directed to the peaceful settlement of disputes

and not involving the employment of armed forces contemplated by

Chapter VII of the United Nations Charter, to request the Secretary

of Defense to detail personnel of the armed forces to the United

Nations, and to furnish facilities, services, or other assistance

and to loan supplies and equipment to the United Nations in an

agreed fair share of the United States under such terms and

conditions as the Secretary of State and the Secretary of Defense

shall jointly determine and in accordance with and subject to the

provisions of paragraphs (1), (2), and (3) of section 7(a) of the

Act [subsection (a)(1), (2) and (3) of this section], and the

Secretary of Defense is authorized to comply with the request of

the Secretary of State, giving due regard to the requirements of

the national defense.

2. The Secretary of State, in accordance with and subject to the

provisions of section 7(b) of the Act [subsection (b) of this

section], shall require reimbursement from the United Nations for

the expense thereby incurred by the United States whenever

personnel or assistance is made available to the United Nations,

except that in exceptional circumstances, or when the Secretary of

State finds it to be in the national interest, he may, after

consultation with the Secretary of Defense, waive, in whole or in

part, the requirement of such reimbursement.

3. The Secretary of Defense, in accordance with and subject to

the provisions of section 7(a)(1) of the Act [subsection (a)(1) of

this section], may authorize personnel of the armed forces detailed

to the United Nations to accept directly from the United Nations

(a) any or all of the allowances or perquisites to which they are

entitled under the first proviso of section 7(a)(1) of the Act

[subsection (a)(1) of this section], and (b) extraordinary expenses

and perquisites incident to such detail.

Harry S Truman.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 287d, 287e-2, 2348 of

this title.

-End-

-CITE-

22 USC Sec. 287e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION

-HEAD-

Sec. 287e. Authorization of appropriations; payment of expenses

-STATUTE-

There is hereby authorized to be appropriated annually to the

Department of State, out of any money in the Treasury not otherwise

appropriated, such sums as may be necessary for the payment by the

United States of its share of the expenses of the United Nations as

apportioned by the General Assembly in accordance with article 17

of the Charter, and for all necessary salaries and expenses of the

representatives provided for in section 287 of this title, and of

their appropriate staffs, including personal services in the

District of Columbia and elsewhere, without regard to the

civil-service laws and chapter 51 and subchapter III of chapter 53

of title 5; travel expenses without regard to the Standardized

Government Travel Regulations, as amended, subchapter I of chapter

57 and section 5731 of title 5 and, under such rules and

regulations as the Secretary of State may prescribe, travel

expenses of families and transportation of effects of United States

representatives and other personnel in going to and returning from

their post of duty; allowances for living quarters, including heat,

fuel, and light, as authorized by section 5912 of title 5;

cost-of-living allowances for personnel stationed abroad under such

rules and regulations as the Secretary of State may prescribe;

communications services; stenographic reporting, translating, and

other services, by contract; hire of passenger motor vehicles and

other local transportation; rent of offices; printing and binding

without regard to section 501 of title 44; allowances and expenses

as provided in section 287r of this title, and allowances and

expenses equivalent to those provided in section 4085 of this

title; the lease or rental (for periods not exceeding ten years) of

living quarters for the use of the representatives provided for in

section 287 of this title serving abroad and of their appropriate

staffs the cost of installation and use of telephones in the same

manner as telephone service is provided for use of the Foreign

Service pursuant to section 1348 of title 31, and unusual expenses

similar to those authorized by section 5913 of title 5, incident to

the operation and maintenance of such living quarters abroad; and

such other expenses as may be authorized by the Secretary of State;

all without regard to section 5 of title 41.

-SOURCE-

(Dec. 20, 1945, ch. 583, Sec. 8, formerly Sec. 7, 59 Stat. 621,

renumbered and amended Oct. 10, 1949, ch. 660, Sec. 6, 63 Stat.

736; Oct. 28, 1949, ch. 782, title II, Sec. 202(2), title XI, Sec.

1106(a), 63 Stat. 954, 972; Pub. L. 86-707, title III, Sec. 311(b),

Sept. 6, 1960, 74 Stat. 797; Pub. L. 96-465, title II, Sec.

2206(a)(2)(B), Oct. 17, 1980, 94 Stat. 2161; Pub. L. 97-241, title

I, Sec. 119, Aug. 24, 1982, 96 Stat. 280; Pub. L. 100-459, title

III, Sec. 304(a), Oct. 1, 1988, 102 Stat. 2207.)

-REFTEXT-

REFERENCES IN TEXT

Article 17 of the Charter, referred to in text, is article 17 of

the United Nations Charter.

The civil-service laws, referred to in text, are set forth in

Title 5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5.

-COD-

CODIFICATION

"Chapter 51 and subchapter III of chapter 53 of title 5"

substituted in text for "the Classification Act of 1949" on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

"Subchapter I of chapter 57 and section 5731 of title 5"

substituted in text for "the Travel Expense Act of 1949, and

section 10 of the Act of March 3, 1933, as amended [5 U.S.C. 73b]"

on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5.

"Section 5912 of title 5" and "section 5913 of title 5"

substituted in text for "the Act approved June 26, 1930 (5 U.S.C.

118a)" and "section 22 of the Administrative Expenses Act of 1946,

as amended by section 311 of the Overseas Differentials and

Allowances Act [5 U.S.C. 3039]", respectively, on authority of Pub.

L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first

section of which enacted Title 5.

"Section 501 of title 44" substituted in text for "section 11 of

the Act of March 1, 1919 (44 U.S.C. 111)" on authority of Pub. L.

90-620, Sec. 2(b), Oct. 22, 1968, 82 Stat. 1305, the first section

of which enacted Title 44, Public Printing and Documents.

"Section 1348 of title 31" substituted in text for "the Act of

August 23, 1912, as amended (31 U.S.C. 679)" on authority of Pub.

L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first

section of which enacted Title 31, Money and Finance.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-459 inserted "serving abroad" after "use of

the representatives provided for in section 287 of this title",

inserted "abroad" after "such living quarters" and struck out at

end "Any payments made by United States Government personnel for

occupancy by them of living quarters leased or rented under this

section shall be credited to the appropriation, fund, or account

utilized by the Secretary of State for such lease or rental or to

the appropriation, fund, or account currently available for such

purpose."

1982 - Pub. L. 97-241 substituted "use of the representatives

provided for in section 287 of this title and of their appropriate

staffs" for "use of the representative of the United States to the

United Nations referred to in subsection (a) of section 287 of this

title" and inserted provision that payments made by United States

Government personnel for occupancy of living quarters leased or

rented be credited to the appropriation, fund, or account utilized

for such lease or rental or to the appropriation, fund, or account

currently available for such purpose.

1980 - Pub. L. 96-465 substituted reference to section 4085 of

this title for reference to section 1131 of this title.

1960 - Pub. L. 86-707 substituted "and unusual expenses similar

to those authorized by section 5913 of title 5, incident to the

operation and maintenance of such living quarters" for "and the

allotment of funds, similar to the allotment authorized by section

1132 of this title, for unusual expenses incident to the operation

and maintenance of such living quarters, to be accounted for in

accordance with section 1133 of this title."

1949 - Act Oct. 28, 1949, substituted "Classification Act of

1949" for "Classification Act of 1923".

Act Oct. 10, 1949, which renumbered section as section 8 of act

Dec. 20, 1945, from section 7, authorized lease or rental, for

periods not to exceed 10 years, of a residence for our

representative to the United Nations, and clarified references to

the civil service and classification laws, subsistence allowances,

and travel expense.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-459 effective July 1, 1989, see section

304(c)(1) of Pub. L. 100-459, set out as an Effective Date of 1988

Amendment; Transition Provisions note under section 287e-1 of this

title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of this title.

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

ANNUAL APPROPRIATIONS

Annual appropriations to meet the obligations of membership in

various international organizations were contained in acts listed

in a note set out under section 269a of this title.

TAXATION OF INTERNET OR INTERNATIONAL CURRENCY TRANSACTIONS

Pub. L. 107-77, title IV, Sec. 404, Nov. 28, 2001, 115 Stat. 789,

provided that: "Hereafter, none of the funds appropriated or

otherwise made available for the United Nations may be used by the

United Nations for the promulgation or enforcement of any treaty,

resolution, or regulation authorizing the United Nations, or any of

its specialized agencies or affiliated organizations, to tax any

aspect of the Internet or international currency transactions."

Similar provisions were contained in the following appropriation

acts:

Pub. L. 106-553, Sec. 1(a)(2) [title IV, Sec. 405], Dec. 21,

2000, 114 Stat. 2762, 2762A-96.

Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title IV, Sec. 406],

Nov. 29, 1999, 113 Stat. 1535, 1501A-45.

REFUND OF EXCESS CONTRIBUTIONS

Pub. L. 107-228, div. A, title I, Sec. 113(e), Sept. 30, 2002,

116 Stat. 1359, provided that: "The United States shall continue to

insist that the United Nations and its specialized and affiliated

agencies shall credit or refund to each member of the organization

or agency concerned its proportionate share of the amount by which

the total contributions to the organization or agency exceed the

expenditures of the regular assessed budget of the organization or

agency."

Similar provisions were contained in the following prior

authorization act:

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title I, Sec.

106(g)], Nov. 29, 1999, 113 Stat. 1536, 1501A-416.

REDUCTION IN APPROPRIATIONS FOR CONTRIBUTIONS TO INTERNATIONAL

ORGANIZATIONS IF OFFICIAL STATUS, ACCREDITATION, OR RECOGNITION IS

GRANTED TO ORGANIZATION SEEKING LEGALIZATION OF PEDOPHILIA

Pub. L. 103-236, title I, Sec. 102(g), Apr. 30, 1994, 108 Stat.

389, as amended by Pub. L. 103-415, Sec. 1(o), Oct. 25, 1994, 108

Stat. 4301, provided that: "Notwithstanding any other provision of

law, the funds authorized to be appropriated for the United Nations

and its affiliated agencies in 'Contributions for International

Organizations' shall be reduced in the amount of $118,875,000 for

fiscal year 1995, and for each year thereafter, until the President

certifies to the Speaker of the House of Representatives and the

President of the Senate that no United Nations agency or United

Nations affiliated agency grants any official status,

accreditation, or recognition to any organization which promotes

and condones or seeks the legalization of pedophilia, or which

includes as a subsidiary or member any such organization."

[Functions of President under section 102(g) of Pub. L. 103-236,

set out above, delegated to Secretary of State by Memorandum of

President of the United States, July 26, 1994, 59 F.R. 40205, set

out as a note under section 2370a of this title.]

MEMBERSHIP OF PALESTINE LIBERATION ORGANIZATION IN UNITED NATIONS

AGENCIES

Pub. L. 101-246, title IV, Sec. 414, Feb. 16, 1990, 104 Stat. 70,

provided that:

"(a) Prohibition. - No funds authorized to be appropriated by

this Act or any other Act shall be available for the United Nations

or any specialized agency thereof which accords the Palestine

Liberation Organization the same standing as member states.

"(b) Transfer or Reprogramming. - Funds subject to the

prohibition contained in subsection (a) which would be available

for the United Nations or any specialized agency thereof (but for

that prohibition) are authorized to remain available until expended

and may be reprogrammed or transferred to any other account of the

Department of State or the Agency for International Development to

carry out the general purposes for which such funds were

authorized."

PROBABLE EXEMPTIONS TO UNITED NATIONS EMPLOYEE HIRING FREEZE

Pub. L. 100-204, title VII, Sec. 701, Dec. 22, 1987, 101 Stat.

1383, as amended by Pub. L. 102-138, title I, Sec. 163, Oct. 28,

1991, 105 Stat. 676, provided that:

"(a) Findings. - The Congress makes the following findings:

"(1) In April 1986, the Secretary-General of the United Nations

adopted a freeze on the hiring of personnel within the United

Nations Secretariat.

"(2) The conditions of the freeze were such that, as the terms

of office for the personnel expired, replacements would not be

recruited or hired to fill the vacant positions, with minor

exceptions.

"(3) The freeze was designed to reduce United Nations personnel

by 15 percent over three years, as recommended by the Group of

High-Level Intergovernmental Experts to Review the Efficiency of

the Administrative and Financial Functioning of the United

Nations (commonly referred to as the 'Group of 18 Experts').

"(4) On May 5, 1987, the Secretary-General reported to the

Department of State that he was considering granting 156

exceptions to the hiring freeze.

"(5) Of these 156 probable exceptions, 104 would be Soviet and

Soviet-bloc nationals currently employed in the United Nations

Secretariat - of 298 Soviet and Soviet-bloc nationals currently

employed in the United Nations Secretariat - who would be

replaced over the next 18 months.

"(6) According to a report from the Select Committee on

Intelligence of the Senate on 'Soviet Presence in the United

Nations Secretariat' (Senate Print 99-52, May 1985),

approximately one-fourth of the Soviets in the United Nations

Secretariat are intelligence officers, many more are co-opted by

the Soviet intelligence agencies, and all Soviets in the United

Nations Secretariat must respond to KGB requests for assistance.

"(7) Other United States intelligence authorities estimate that

as many as one-half of the Soviet and Soviet-bloc nationals in

the United Nations Secretariat are officers of the KGB or the

GRU.

"(8) If the Secretary-General's probable exemptions are

adopted, the Soviet Union will be allowed to replace retiring

Soviet and Soviet-bloc personnel with new, highly skilled and

well-trained intelligence officers of the KGB or the GRU.

"(9) The Secretary-General's proposed exceptions would thus

provide the Soviet Union with the capability to rebuild its

intelligence apparatus within the United States, which was

devastated in recent years when the United States ordered severe

reductions in the size of the Soviet mission to the United

Nations, the Soviet Embassy in Washington, District of Columbia,

and the Soviet Consulate in San Francisco, California.

"(10) Article 100 of the United Nations Charter calls for the

establishment of an international civil service whose members are

neutral and loyal only to the United Nations.

"(11) Section 3 of Article 101 of the United Nations Charter

calls for the appointment of individuals who are professionally

qualified for the positions they are to fill and maintains that

due regard shall be paid to the importance of recruiting the

staff on as wide a geographical basis as possible.

"(12) As of September 1985, 442 of 446 Soviet nationals

employed throughout the United Nations system are 'seconded',

that is, serve on short, fixed-term contracts.

"(13) Through the abuse of short, fixed-term contracts, the

Soviet Union has maintained undue influence and control over

major offices of the United Nations Secretariat, thereby

effectively using the United Nations Secretariat in the conduct

of its foreign relations, in clear violation of Articles 100 and

101 of the United Nations Charter.

"(14) The Secretary-General's proposed exceptions to the hiring

freeze (as described in paragraphs (1) through (5)) would

continue the gross violations of Articles 100 and 101 of the

United Nations Charter described in paragraph (13).

"(15) The Secretary-General's proposed exceptions to such

hiring freeze would be clearly inconsistent with the terms of the

United Nation's self-imposed reform program.

"(16) The United Nations has not yet achieved its reform goals

and there is no indication that the United Nations can afford to

make such large exceptions to such hiring freeze.

"(b) Sense of the Congress. - It is the sense of the Congress

that -

"(1) the President should take all such actions necessary to

ensure compliance with the hiring freeze rule, including

withholding all assessed United States contributions to the

United Nations, and denying United States entry visas to Soviet

and Soviet-bloc applicants coming to the United States to replace

Soviet and Soviet-bloc nationals currently serving in the United

Nations Secretariat;

"(2) the President, through the Department of State and the

United States mission to the United Nations, should express to

the Secretary-General of the United Nations the insistence of the

American people that the hiring freeze continue indefinitely, or

until the United Nations has complied with the Group of 18

recommendations and can thus afford to make exceptions to the

freeze;

"(3) the Secretary-General should revoke all exceptions to the

hiring freeze rule, excepting those member-nations which have 15

or fewer nationals serving in the United Nations Secretariat, or

those positions not subject to geographical representation, such

as those of the general service category;

"(4) the long-term, flagrant violations of Articles 100 and 101

of the United Nations Charter and the abuse of secondment by the

Soviet Union and Soviet-bloc member-nations are reprehensible;

"(5) the United Nations should adopt the recommendations of the

Group of 18 (as referred to in subsection (a)(3)) that no

member-nation be allowed to have more than 50 percent of its

nationals employed under fixed-term contracts;

"(6) the Soviet Union is hereby condemned for -

"(A) its refusal to adhere to the principles of the United

Nations Charter calling for an international civil service,

"(B) its abuse of secondment, and

"(C) its absolute disregard of the solemn purpose of the

United Nations to be an international civil service; and

"(7) if the Soviet Union and the Soviet-bloc intend to remain

member-nations of the United Nations, they should adhere to

Articles 100, 101, and all other principles of the United Nations

Charter to which every other member-nation must adhere.

"(c) Definition. - For the purposes of this section, the term

'Soviet-bloc' means the countries of Bulgaria, Cuba,

Czechoslovakia, East Germany, Hungary, Nicaragua, North Korea,

Poland, and Romania."

HOUSING ALLOWANCES OF INTERNATIONAL CIVIL SERVANTS

Pub. L. 100-204, title VII, Sec. 703, Dec. 22, 1987, 101 Stat.

1389, provided that:

"(a) United States Policy. - It is the policy of the United

States to seek the implementation by the United Nations of the

recommendation by the International Civil Service Commission to

deduct from the pay (commonly referred to as a 'rental deduction')

of an international civil servant the amount of any housing

allowance or payment which is provided by any member state to that

international civil servant, in accordance with Article 100 of the

Charter of the United Nations and regulations thereunder.

"(b) United States Ambassador to the United Nations. - The United

States Ambassador to the United Nations shall seek to promote the

adoption of the recommendation described in subsection (a)."

REFORM IN BUDGET DECISION-MAKING PROCEDURES OF UNITED NATIONS AND

ITS SPECIALIZED AGENCIES

Pub. L. 103-236, title IV, Sec. 409(a)-(d), Apr. 30, 1994, 108

Stat. 454, as amended by Pub. L. 107-228, div. A, title IV, Sec.

405(b)(2), Sept. 30, 2002, 116 Stat. 1391, provided that:

"(a) Assessed Contributions. - For assessed contributions

authorized to be appropriated for 'Assessed Contributions to

International Organizations' by this Act [108 Stat. 382, 388], the

President may withhold 20 percent of the funds appropriated for the

United States assessed contribution to the United Nations or to any

of its specialized agencies for any calendar year if the United

Nations or any such agency has failed to implement or to continue

to implement consensus-based decisionmaking procedures on budgetary

matters which assure that sufficient attention is paid to the views

of the United States and other member states that are the major

financial contributors to such assessed budgets.

"(b) Notice to Congress. - The President shall notify the

Congress when a decision is made to withhold any share of the

United States assessed contribution to the United Nations or its

specialized agencies pursuant to subsection (a) and shall notify

the Congress when the decision is made to pay any previously

withheld assessed contribution. A notification under this

subsection shall include appropriate consultation between the

President (or the President's representative) and the Committee on

Foreign Affairs [now Committee on International Relations] of the

House of Representatives and the Committee on Foreign Relations of

the Senate.

"(c) Contributions for Prior Years. - Subject to the availability

of appropriations, payment of assessed contributions for prior

years may be made to the United Nations or any of its specialized

agencies notwithstanding subsection (a) if such payment would

further United States interests in that organization.

"[(d) Repealed. Pub. L. 107-228, div. A, title IV, Sec.

405(b)(2), Sept. 30, 2002, 116 Stat. 1391.]"

[Functions of President under section 409 of Pub. L. 103-236, set

out above, delegated to Secretary of State by Memorandum of

President of the United States, July 26, 1994, 59 F.R. 40205, set

out as a note under section 2370a of this title.]

Similar provisions were contained in the following prior

authorization act:

Pub. L. 102-138, title I, Sec. 162(a)-(d), Oct. 28, 1991, 105

Stat. 675; repealed by Pub. L. 103-236, title I, Sec. 139(21),

title IV, Sec. 409(e), Apr. 30, 1994, 108 Stat. 399, 454, as

amended by Pub. L. 103-415, Sec. 1(aa), Oct. 25, 1994, 108 Stat.

4302.

Pub. L. 101-246, title IV, Sec. 405, Feb. 16, 1990, 104 Stat. 65,

provided that progress had been made in formulation and

implementation of budget reforms by United Nations and its

specialized agencies but that limitation on United States assessed

contributions would continue until President made specific

determinations on continued implementation of decisionmaking

procedures on budget matters, elimination of abuse of secondment in

United Nations Secretariat, and reduction in staff of United

Nations Secretariat, prior to repeal by Pub. L. 102-138, title I,

Sec. 162(e), Oct. 28, 1991, 105 Stat. 676.

Pub. L. 99-93, title I, Sec. 143, Aug. 16, 1985, 99 Stat. 424, as

amended by Pub. L. 100-204, title VII, Sec. 702(b), Dec. 22, 1987,

101 Stat. 1386, provided for limitation on assessed contributions

of United States until reform in budget decisionmaking procedures

of United Nations and its specialized agencies had been formulated

and implemented as determined by President and reported to

Congress, prior to repeal by Pub. L. 102-138, title I, Sec. 162(e),

Oct. 28, 1991, 105 Stat. 676.

EMPLOYEES OF THE UNITED NATIONS

Pub. L. 99-93, title I, Sec. 151, Aug. 16, 1985, 99 Stat. 428,

provided that:

"(a) Initial Report. - Not later than 90 days after the date of

enactment of this Act [Aug. 16, 1985], the Secretary of State shall

report to the Congress on whether, and the extent to which,

international civil servants employed by the United Nations,

including those seconded to the United Nations, are required to

return all or part of their salaries to their respective

governments. The Secretary shall also include in this report a

description of the steps taken by the Department of State and by

the United States Representative to the United Nations to correct

this practice.

"(b) Report on Steps to Correct Practice. - The Secretary of

State shall determine and report to the Congress on whether

substantial progress has been made by June 1, 1986, in correcting

the practice of international civil servants employed by the United

Nations being required to return all or part of their salaries to

their respective governments.

"(c) Reduction in Contribution if Substantial Progess [sic] Not

Made. - If the Secretary of State determines pursuant to subsection

(b) that substantial progress has not been made in correcting this

practice, the United States shall thereafter reduce the amount of

its annual assessed contributions to the United Nations by the

amount of that contribution which is the United States

proportionate share of the salaries of those international civil

servants employed by the United Nations who are returning any

portion of their salaries to their respective governments.

"(d) National Taxation. - This section does not apply with

respect to payments made for purposes of national taxation in

accordance with formal treaty reservations concerning such taxation

by a member state of the United Nations."

RESTRICTIONS RELATING TO THE PALESTINE LIBERATION ORGANIZATION AND

THE SOUTH WEST AFRICA PEOPLE'S ORGANIZATION

Pub. L. 98-164, title I, Sec. 114, Nov. 22, 1983, 97 Stat. 1020,

as amended by Pub. L. 99-93, title I, Sec. 144, Aug. 16, 1985, 99

Stat. 424; Pub. L. 100-204, title VII, Sec. 705, Dec. 22, 1987, 101

Stat. 1390, provided that:

"(a) Funds appropriated for any fiscal year for the Department of

State for 'International Organizations and Conferences' may not be

used for payment by the United States, as its contribution toward

the assessed budget of the United Nations for any year, of any

amount which would cause the total amount paid by the United States

as its assessed contribution for that year to exceed the amount

assessed as the United States contribution for that year less -

"(1) 25 per centum of the amount budgeted for that year for the

Committee on the Exercise for the Inalienable Rights of the

Palestinian People (or any similar successor entity); and

"(2) 25 per centum of the amount budgeted for that year for the

Special Unit on Palestinian Rights (or any similar successor

entity);

"(3) 25 percent of the amount budgeted for that year for the

Special Committee to Investigate Israeli Practices Affecting the

Human Rights of the Population of the Occupied Territories (or

any similar successor entity);

"(4) 25 per centum of the amount budgeted for that year for

projects whose primary purpose is to provide benefits to the

Palestine Liberation Organization or entities associated with it

or to the South West Africa People's Organization;

"(5) 25 percent of the amount budgeted for that year for the

Second Decade to Combat Racism and Racial Discrimination;

"(6) 25 percent of the amount budgeted for any other United

Nations agency or conference whose sole or partial purpose is to

implement the provisions of General Assembly Resolution 33/79;

and

"(7) 25 percent of the amount budgeted for the General

Assembly-approved $73,500,000 conference center to be constructed

for the Economic Commission for Africa (ECA) in the Ethiopian

capital of Addis Ababa.

"(b) Funds appropriated for any fiscal year for the Department of

State for 'International Organizations and Conferences' may not be

used for payment by the United States, as its contribution toward

the assessed budget of any specialized agency of the United Nations

for any year, of any amount which would cause the total amount paid

by the United States as its assessed contribution for that year to

exceed the amount assessed as the United States contribution for

that year less 25 per centum of the amount budgeted by such agency

for that year for projects whose primary purpose is to provide

benefits to the Palestine Liberation Organization or entities

associated with it or to the South West Africa People's

Organization.

"(c) The President shall annually review the budgets of the

United Nations and its specialized agencies to determine which

projects have the primary purpose of providing benefits to the

Palestine Liberation Organization or to the South West Africa

People's Organization. The President shall report to the Congress

on any such project for which a portion of the United States

assessed contribution is withheld and the amount withheld.

"(d) Subsections (a)(3) and (b) shall not be construed as

limiting United States contributions to the United Nations or its

specialized agencies for projects whose primary purpose is to

provide humanitarian, educational, developmental, and other

nonpolitical benefits."

ANNUAL REVIEW FOR PROJECTS PROVIDING POLITICAL BENEFITS TO

PALESTINE LIBERATION ORGANIZATION; REPORT TO CONGRESS ON

WITHHOLDING OF ASSESSED CONTRIBUTION

Section 104(c) of Pub. L. 97-241 provided that: "The President

shall annually review the budgets of the United Nations and its

specialized agencies to determine which projects have the primary

purpose of providing political benefit to the Palestine Liberation

Organization. The President shall report to the Congress on any

such project for which a portion of the United States assessed

contribution is withheld and the amount withheld."

[Functions of the President under section 104(c) of Pub. L.

97-241, set out as a note above, delegated to the Secretary of

State, see Ex. Ord. No. 12374, July 28, 1982, 47 F.R. 32903, as

amended by Ex. Ord. No. 12408, Feb. 23, 1983, 48 F.R. 8035.]

LIMIT ON PAYMENTS TO UNITED NATIONS AND AFFILIATED AGENCIES

Pub. L. 103-236, title IV, Sec. 404(b)(1), (2), Apr. 30, 1994,

108 Stat. 447, as amended by Pub. L. 107-228, div. A, title IV,

Sec. 402(a), Sept. 30, 2002, 116 Stat. 1388, provided that:

"(1) Fiscal years 1994 and 1995. - Funds authorized to be

appropriated for 'Contributions for International Peacekeeping

Activities' for fiscal years 1994 and 1995 shall not be available

for the payment of the United States assessed contribution for a

United Nations peacekeeping operation in an amount which is greater

than 30.4 percent of the total of all assessed contributions for

that operation, notwithstanding the last sentence of the paragraph

headed 'Contributions to International Organizations' in Public Law

92-544, as amended by section 203 of the Foreign Relations

Authorization Act, Fiscal Year 1976 (22 U.S.C. 287e note).

"(2) Subsequent fiscal years. -

"(A) In general. - Except as provided in subparagraph (B),

funds authorized to be appropriated for 'Contributions for

International Peacekeeping Activities' for any fiscal year after

fiscal year 1995 shall not be available for the payment of the

United States assessed contribution for a United Nations

peacekeeping operation in an amount which is greater than 25

percent of the total of all assessed contributions for that

operation.

"(B) Reduction in united states share of assessed

contributions. - Notwithstanding the percentage limitation

contained in subparagraph (A), the United States share of

assessed contributions for each United Nations peacekeeping

operation during the following periods is authorized to be as

follows:

"(i) For assessments made during calendar year 2001, 28.15

percent.

"(ii) For assessments made during calendar year 2002, 27.90

percent.

"(iii) For assessments made during calendar year 2003, 27.40

percent.

"(iv) For assessments made during calendar year 2004, 27.40

percent."

Pub. L. 103-236, title IV, Sec. 410, Apr. 30, 1994, 108 Stat.

454, provided that: "The United States shall not make any voluntary

or assessed contribution -

"(1) to any affiliated organization of the United Nations which

grants full membership as a state to any organization or group

that does not have the internationally recognized attributes of

statehood, or

"(2) to the United Nations, if the United Nations grants full

membership as a state in the United Nations to any organization

or group that does not have the internationally recognized

attributes of statehood,

during any period in which such membership is effective."

Pub. L. 92-544, title I, Sec. 101, Oct. 25, 1972, 86 Stat. 1110,

as amended by Pub. L. 94-141, title II, Sec. 203, Nov. 29, 1975, 89

Stat. 762; Pub. L. 103-236, title IV, Sec. 404(b)(3), Apr. 30,

1994, 108 Stat. 447; Pub. L. 107-228, div. A, title IV, Sec.

402(b), Sept. 30, 2002, 116 Stat. 1389, provided that: "Subject to

section 404(b)(2) of the Foreign Relations Authorization Act,

Fiscal Years 1994 and 1995 [Pub. L. 103-236] (22 U.S.C. 287e note),

after December 31, 1973, no appropriation is authorized and no

payment shall be made to the United Nations or any affiliated

agency in excess of 25 per centum of the total annual assessment of

such organization. Subject to section 404(b)(2) of the Foreign

Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.

287e note), appropriations are authorized and contributions and

payments may be made to the following organizations and activities

notwithstanding that such contributions and payments are in excess

of 25 per centum of the total annual assessment of the respective

organization or 33 1/3 per centum of the budget for the respective

activity: the International Atomic Energy Agency, the joint

financing program of the International Civil Aviation Organization,

and contributions for international peacekeeping activities

conducted by or under the auspices of the United Nations or through

multilateral agreements."

UNITED STATES ASSESSED CONTRIBUTION TO THE UNITED NATIONS

Pub. L. 92-226, pt. IV, Sec. 410, Feb. 7, 1972, 86 Stat. 36,

provided that: "The Congress strongly urges the President to

undertake such negotiations as may be necessary to implement that

portion of the recommendations of the Report of the President's

Commission for the Observance of the Twenty-fifth Anniversary of

the United Nations (known as the 'Lodge Commission') which proposes

that the portion of the regular assessed costs to be paid by the

United States to the United Nations be reduced so that the United

States is assessed in each year not more than 25 per centum of such

costs assessed all members of the United Nations for that year."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 287d-1, 289b, 2673 of

this title.

-End-

-CITE-

22 USC Sec. 287e-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION

-HEAD-

Sec. 287e-1. Housing supplement for certain employees assigned to

the United States Mission to the United Nations

-STATUTE-

The Secretary of State may, under such regulations as he shall

prescribe, and notwithstanding section 3324(a) and (b) of title 31

and section 5536 of title 5:

(1) Make available to the Representative of the United States

to the United Nations and the Deputy Permanent Representative of

the United States to the United Nations living quarters leased or

rented by the United States (for periods not exceeding ten years)

and allowances for unusual expenses incident to the operation and

maintenance of such living quarters similar to those and to be

considered for all purposes as authorized by section 5913 of

title 5.

(2) Make available in New York to no more than 30 foreign

service employees of the staff of the United States Mission to

the United Nations, other representatives, and no more than two

employees who serve at the pleasure of the Representative, living

quarters leased or rented by the United States (for periods not

exceeding ten years). The number of employees to which such

quarters will be made available shall be determined by the

Secretary and shall reflect a significant reduction over the

number of persons eligible for housing benefits as of October 1,

1988. No employee may occupy a unit under this provision if the

unit is owned by the employee. The Secretary shall require that

each employee occupying housing under this subsection contribute

to the Department of State a percentage of his or her base

salary, in an amount to be determined by the Secretary of State,

toward the cost of such housing. The Secretary may reduce such

payments to the extent of income taxes paid on the value of the

leased or rented quarters any payments made by employees to the

Department of State for occupancy by them of living quarters

leased or rented under this section shall be credited to the

appropriation, fund, or account utilized by the Secretary of

State for such lease or rental or to the appropriation, fund, or

account currently available for such purpose.

(3) provide (!1) such allowance as the Secretary considers

appropriate, to each Delegate and Alternate Delegate of the

United States to any session of the General Assembly of the

United Nations who is not a permanent member of the staff of the

United States Mission to the United Nations, in order to

compensate each such Delegate or Alternate Delegate for necessary

housing and subsistence expenses incurred by him with respect to

attending any such session.

(4) The Inspector General shall review the program established

by this section no later than December 1989 and periodically

thereafter with a view to increasing cost savings and making

other appropriate recommendations.

-SOURCE-

(Dec. 20, 1945, ch. 583, Sec. 9, as added Pub. L. 93-126, Sec. 15,

Oct. 18, 1973, 87 Stat. 454; amended Pub. L. 98-164, title II, Sec.

215, Nov. 22, 1983, 97 Stat. 1035; Pub. L. 100-459, title III, Sec.

304(b), Oct. 1, 1988, 102 Stat. 2207; Pub. L. 106-309, title IV,

Sec. 405, Oct. 17, 2000, 114 Stat. 1098.)

-COD-

CODIFICATION

"Section 3324(a) and (b) of title 31" substituted in introductory

text for "section 3648 of the Revised Statutes (31 U.S.C. 3324)" on

authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.

1067, the first section of which enacted Title 31, Money and

Finance.

"Section 5913 of title 5" substituted in par. (1) for "section 22

of the Administrative Expenses Act of 1946, as amended by section

311 of the Overseas Differentials and Allowances Act" on authority

of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the

first section of which enacted Title 5, Government Organization and

Employees.

-MISC1-

AMENDMENTS

2000 - Par. (2). Pub. L. 106-309 substituted "30 foreign service

employees" for "18 foreign service employees".

1988 - Pub. L. 100-459, Sec. 304(b)(1), (3), substituted

reference to Secretary of State for reference to President in

introductory provisions and struck out last sentence providing that

not more than fifty employees, including not more than five

employees of the United Stated Information Agency, could receive an

allowance under par. (1) of this section at any one time.

Par. (1). Pub. L. 100-459, Sec. 304(b)(1), (3), added par. (1)

and struck out former par. (1) which read as follows: "grant any

employee of the staff of the United States Mission to the United

Nations designated by the Secretary of State, and any employee of

the United States Information Agency designated by the Director of

that Agency, who is required because of important representational

responsibilities to live in the extraordinarily high-rent area

immediately surrounding the headquarters of the United Nations in

New York, New York, an allowance to compensate for the portion of

expenses necessarily incurred by the employee for quarters and

utilities which exceed the average of such expenses necessarily

incurred by the employee for quarters and utilities which exceed

the average of such expenses incurred by typical, permanent

residents of the Metropolitan New York, New York, area with

comparable salary and family size who are not compelled by reason

of their employment to live in such high-rent area; and".

Pars. (2) to (4). Pub. L. 100-459, Sec. 304(b)(2), (3), added

par. (2), redesignated former par. (2) as (3) and substituted

"Secretary" for "President", and added par. (4).

1983 - Pub. L. 98-164, Sec. 215(2), inserted limitation of five

United States Information Agency employees, and substituted "fifty"

for "forty-five".

Par. (1). Pub. L. 98-164, Sec. 215(1), inserted provisions

relating to applicability to United States Information Agency

employees.

EFFECTIVE DATE OF 1988 AMENDMENT; TRANSITION PROVISIONS

Section 304(c) of Pub. L. 100-459 provided that:

"(1) Provisions set forth in this section [amending this section

and section 287e of this title] shall be effective July 1, 1989.

"(2) In the event that taxes paid by an employee on the benefit

provided under subsection (2) of section 9 [22 U.S.C. 287e-1(2)]

exceed the contribution amount computed as a percentage of base

salary under that subsection, the Department of State may reimburse

the employee up to the amount of such differential for the period

from the date of enactment of this Act [Oct. 1, 1988] through July

1, 1989."

-TRANS-

DELEGATION OF FUNCTIONS

Authority of President under this section delegated to Secretary

of State, see section 4(b) of Ex. Ord. No. 11609, July 22, 1971, 36

F.R. 13747, as amended by Ex. Ord. No. 11779, Apr. 22, 1974, 39

F.R. 14185, set out as a note under section 301 of Title 3, The

President.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

22 USC Sec. 287e-2 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION

-HEAD-

Sec. 287e-2. Reimbursement for goods and services provided by the

United States to the United Nations

-STATUTE-

(a) Requirement to obtain reimbursement

(1) In general

Except as provided in paragraph (2), the President shall seek

and obtain in a timely fashion a commitment from the United

Nations to provide reimbursement to the United States from the

United Nations whenever the United States Government furnishes

assistance pursuant to the provisions of law described in

subsection (c) of this section -

(A) to the United Nations when the assistance is designed to

facilitate or assist in carrying out an assessed peacekeeping

operation;

(B) for any United Nations peacekeeping operation that is

authorized by the United Nations Security Council under Chapter

VI or Chapter VII of the United Nations Charter and paid for by

peacekeeping or regular budget assessment of the United Nations

members; or

(C) to any country participating in any operation authorized

by the United Nations Security Council under Chapter VI or

Chapter VII of the United Nations Charter and paid for by

peacekeeping assessments of United Nations members when the

assistance is designed to facilitate or assist the

participation of that country in the operation.

(2) Exceptions

(A) In general

The requirement in paragraph (1) shall not apply to -

(i) goods and services provided to the United States Armed

Forces;

(ii) assistance having a value of less than $3,000,000 per

fiscal year per operation;

(iii) assistance furnished before November 29, 1999;

(iv) salaries and expenses of civilian police and other

civilian and military monitors where United Nations policy is

to require payment by contributing members for similar

assistance to United Nations peacekeeping operations; or

(v) any assistance commitment made before November 29,

1999.

(B) Deployments of United States military forces

The requirements of subsection (d)(1)(B) of this section

shall not apply to the deployment of United States military

forces when the President determines that such deployment is

important to the security interests of the United States. The

cost of such deployment shall be included in the data provided

under section 2348d of this title.

(3) Form and amount

(A) Amount

The amount of any reimbursement under this subsection shall

be determined at the usual rate established by the United

Nations.

(B) Form

Reimbursement under this subsection may include credits

against the United States assessed contributions for United

Nations peacekeeping operations, if the expenses incurred by

any United States department or agency providing the assistance

have first been reimbursed.

(b) Treatment of reimbursements

(1) Credit

The amount of any reimbursement paid the United States under

subsection (a) of this section shall be credited to the current

applicable appropriation, fund, or account of the United States

department or agency providing the assistance for which the

reimbursement is paid.

(2) Availability

Amounts credited under paragraph (1) shall be merged with the

appropriations, or with appropriations in the fund or account, to

which credited and shall be available for the same purposes, and

subject to the same conditions and limitations, as the

appropriations with which merged.

(c) Covered assistance

Subsection (a) of this section applies to assistance provided

under the following provisions of law:

(1) Sections 287d and 287d-1 of this title.

(2) Sections 2261, 2318(a)(1), 2321j, 2348a(c), and 2357 of

this title.

(3) Any other provisions of law pursuant to which assistance is

provided by the United States to carry out the mandate of an

assessed United Nations peacekeeping operation.

(d) Waiver

(1) Authority

(A) In general

The President may authorize the furnishing of assistance

covered by this section without regard to subsection (a) of

this section if the President determines, and so notifies in

writing the Committee on Foreign Relations of the Senate and

the Speaker of the House of Representatives, that to do so is

important to the security interests of the United States.

(B) Congressional notification

When exercising the authorities of subparagraph (A), the

President shall notify the Committee on Foreign Relations of

the Senate and the Committee on International Relations of the

House of Representatives in accordance with the procedures

applicable to reprogramming notifications under section 2394-1

of this title.

(2) Congressional review

Notwithstanding a notice under paragraph (1) with respect to

assistance covered by this section, subsection (a) of this

section shall apply to the furnishing of the assistance if, not

later than 15 calendar days after receipt of a notification under

that paragraph, the Congress enacts a joint resolution

disapproving the determination of the President contained in the

notification.

(3) Senate procedures

Any joint resolution described in paragraph (2) shall be

considered in the Senate in accordance with the provisions of

section 601(b) of the International Security Assistance and Arms

Export Control Act of 1976.

(e) Relationship to other reimbursement authority

Nothing in this section shall preclude the President from seeking

reimbursement for assistance covered by this section that is in

addition to the reimbursement sought for the assistance under

subsection (a) of this section.

(f) Definition

In this section, the term "assistance" includes personnel,

services, supplies, equipment, facilities, and other assistance if

such assistance is provided by the Department of Defense or any

other United States Government agency.

-SOURCE-

(Dec. 20, 1945, ch. 583, Sec. 10, as added Pub. L. 106-113, div. B,

Sec. 1000(a)(7) [div. A, title VII, Sec. 723], Nov. 29, 1999, 113

Stat. 1536, 1501A-463.)

-REFTEXT-

REFERENCES IN TEXT

Section 601(b) of the International Security Assistance and Arms

Export Control Act of 1976, referred to in subsec. (d)(3), is

section 601(b) of Pub. L. 94-329, title VI, June 30, 1976, 90 Stat.

765, which is not classified to the Code.

-End-

-CITE-

22 USC Sec. 287e-3 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION

-HEAD-

Sec. 287e-3. Limitation on the United States share of assessments

for United Nations regular budget

-STATUTE-

None of the funds available to the Department of State shall be

used to pay the United States share of assessed contributions for

the regular budget of the United Nations in an amount greater than

22 percent of the total of all assessed contributions for that

budget.

-SOURCE-

(Dec. 20, 1945, ch. 583, Sec. 11, as added Pub. L. 107-228, div. A,

title IV, Sec. 403, Sept. 30, 2002, 116 Stat. 1389.)

-End-

-CITE-

22 USC Sec. 287f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION

-HEAD-

Sec. 287f. Omitted

-COD-

CODIFICATION

Section, act Oct. 22, 1951, ch. 533, title I, 65 Stat. 577, which

authorized the Department of State to acquire surplus property for

the United Nations and authorized the reduction of the United

States contribution to the United Nations by the value of the

property acquired and expenses incidental thereto, was from the

Department of State Appropriation Act, 1952, and was not repeated

in subsequent appropriation acts. Similar provisions were contained

in act Sept. 6, 1950, ch. 896, ch. III, title I, 64 Stat. 610.

-End-

-CITE-

22 USC Sec. 287g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION

-HEAD-

Sec. 287g. Authorization of appropriations for loan to United

Nations; restrictions on use of proceeds of loan

-STATUTE-

There is hereby authorized to be appropriated to the President,

without fiscal-year limitation, out of any money in the Treasury

not otherwise appropriated, $100,000,000 for a loan to the United

Nations. The proceeds of such loan shall not be used to relieve

members of the United Nations of their obligation to pay arrearages

on payments of any United Nations assessments, and shall not be

used to reduce regular or special assessments against any such

members.

-SOURCE-

(Pub. L. 87-731, Sec. 1, Oct. 2, 1962, 76 Stat. 695.)

-COD-

CODIFICATION

Section was not enacted as part of act Dec. 20, 1945, ch. 583, 59

Stat. 619, known as the United Nations Participation Act of 1945,

which comprises this subchapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 287h, 287i of this title.

-End-

-CITE-

22 USC Sec. 287h 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION

-HEAD-

Sec. 287h. Limitation on loan

-STATUTE-

The total amount of money that may be loaned to the United

Nations pursuant to the authorization contained in section 287g of

this title shall not exceed the aggregate amount of loans made by

other nations.

-SOURCE-

(Pub. L. 87-731, Sec. 2, Oct. 2, 1962, 76 Stat. 695.)

-COD-

CODIFICATION

Section was not enacted as part of act Dec. 20, 1945, ch. 583, 59

Stat. 619, known as the United Nations Participation Act of 1945,

which comprises this subchapter.

-End-

-CITE-

22 USC Sec. 287i 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION

-HEAD-

Sec. 287i. Deduction of principal and interest from annual payment

of assessed share of United States of budget

-STATUTE-

There shall be deducted from the annual payment of the assessed

share of the United States of the budget of the United Nations an

amount equal to the corresponding annual installment of principal

and interest due to the United States on account of the loan made

pursuant to section 287g of this title.

-SOURCE-

(Pub. L. 87-731, Sec. 3, Oct. 2, 1962, 76 Stat. 696.)

-COD-

CODIFICATION

Section was not enacted as part of act Dec. 20, 1945, ch. 583, 59

Stat. 619, known as the United Nations Participation Act of 1945,

which comprises this subchapter.

-End-

-CITE-

22 USC Sec. 287j 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION

-HEAD-

Sec. 287j. Participation in future United Nations borrowing;

promotion of pattern of financing to avoid future large-scale

deficits; report to Congress

-STATUTE-

Nothing herein shall be regarded as authorizing the United States

to participate in any future United Nations borrowing. It is the

sense of the Congress that the United States shall use its best

efforts to promote a pattern of United Nations financing (including

a vigorous program for collection of delinquencies on annual

assessments of nations and maintenance of such annual assessments

on a current basis) that will avoid any future large-scale

deficits.

-SOURCE-

(Pub. L. 87-731, Sec. 4, Oct. 2, 1962, 76 Stat. 696.)

-COD-

CODIFICATION

Section originally contained a provision instructing the

Department of State to submit to the Congress, not later than Jan.

31, 1963, a report on steps taken in the 17th Session of the

General Assembly of the United Nations on long term financing of

the United Nations which was omitted.

-End-

-CITE-

22 USC Sec. 287k 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION

-HEAD-

Sec. 287k. Congressional expression of satisfaction that

expenditures relating to operations in Middle East and in the

Congo are "expenses of the Organization"

-STATUTE-

The Congress expresses its satisfaction that the International

Court of Justice has decided that the expenditures authorized in

resolutions of the United Nations General Assembly relating to

operations in the Middle East and in the Congo are "expenses of the

Organization" within the meaning of the United Nations Charter,

thereby providing a sound basis for obtaining prompt payment of

assessments for such expenditures by making them obligations of all

members of the United Nations.

-SOURCE-

(Pub. L. 87-731, Sec. 5, Oct. 2, 1962, 76 Stat. 696.)

-End-

-CITE-

22 USC Sec. 287l 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION

-HEAD-

Sec. 287g742l. Congressional declaration that United Nations take

steps to give effect to advisory opinion of International Court

of Justice on financial obligations of members

-STATUTE-

It is the sense of the Congress that the United Nations should

take immediate steps to give effect to the advisory opinion of the

International Court of Justice on the financial obligations of

members of the United Nations in order to assure prompt payment of

all assessments, including assessments to cover the cost of

operations to maintain or restore international peace and security.

-SOURCE-

(Pub. L. 87-731, Sec. 6, Oct. 2, 1962, 76 Stat. 696.)

-End-

-CITE-

22 USC SUBCHAPTER XVII - UNITED NATIONS EDUCATIONAL,

SCIENTIFIC, AND CULTURAL

ORGANIZATION 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVII - UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND

CULTURAL ORGANIZATION

-HEAD-

SUBCHAPTER XVII - UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND

CULTURAL ORGANIZATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 272a, 280b, 280i,

280k, 290b of this title.

-End-

-CITE-

22 USC Sec. 287m 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVII - UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND

CULTURAL ORGANIZATION

-HEAD-

Sec. 287m. Acceptance of membership by the United States

-STATUTE-

The President is hereby authorized to accept membership for the

United States in the United Nations Educational, Scientific, and

Cultural Organization (hereinafter referred to as the

"Organization"), the constitution of which was approved in London

on November 16, 1945, by the United Nations Conference for the

establishment of an Educational, Scientific, and Cultural

Organization, and deposited in the Archives of the Government of

the United Kingdom.

-SOURCE-

(July 30, 1946, ch. 700, Sec. 1, 60 Stat. 712.)

-MISC1-

CONSTITUTION OF THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND

CULTURAL ORGANIZATION

THE GOVERNMENTS OF THE STATES PARTIES TO THIS CONSTITUTION ON

BEHALF OF THEIR PEOPLES DECLARE

that since wars begin in the minds of men, it is in the minds of

men that the defences of peace must be constructed;

that ignorance of each other's ways and lives has been a common

cause, throughout the history of mankind, of that suspicion and

mistrust between the peoples of the world through which their

differences have all too often broken into war;

that the great and terrible war which has now ended was a war made

possible by the denial of the democratic principles of the dignity,

equality and mutual respect of men, and by the propagation, in

their place, through ignorance and prejudice, of the doctrine of

the inequality of men and races;

that the wide diffusion of culture, and the education of humanity

for justice and liberty and peace are indispensable to the dignity

of man and constitute a sacred duty which all the nations must

fulfill in a spirit of mutual assistance and concern;

that a peace based exclusively upon the political and economic

arrangements of governments would not be a peace which could secure

the unanimous, lasting and sincere support of the peoples of the

world, and that the peace must therefore be founded, if it is not

to fail, upon the intellectual and moral solidarity of mankind.

FOR THESE REASONS,

the States parties to this Constitution, believing in full and

equal opportunities for education for all, in the unrestricted

pursuit of objective truth, and in the free exchange of ideas and

knowledge, are agreed and determined to develop and to increase the

means of communication between their peoples and to employ these

means for the purposes of mutual understanding and a truer and more

perfect knowledge of each other's lives;

IN CONSEQUENCE WHEREOF

they do hereby create the United Nations Educational, Scientific

and Cultural Organisation for the purpose of advancing, through the

educational and scientific and cultural relations of the peoples of

the world, the objectives of international peace and of the common

welfare of mankind for which the United Nations Organisation was

established and which its Charter proclaims.

ARTICLE I.

PURPOSES AND FUNCTIONS

1. The purpose of the Organisation is to contribute to peace and

security by promoting collaboration among the nations through

education, science, and culture in order to further universal

respect for justice, for the rule of law and for the human rights

and fundamental freedoms which are affirmed for the peoples of the

world, without distinction of race, sex, language or religion, by

the Charter of the United Nations.

2. To realise this purpose the Organisation will:

(a) collaborate in the work of advancing the mutual knowledge

and understanding of peoples, through all means of mass

communication and to that end recommend such international

agreements as may be necessary to promote the free flow of

ideas by word and image;

(b) give fresh impulse to popular education and to the spread

of culture;

by collaborating with Members, at their request, in the

development of educational activities; by instituting

collaboration among the nations to advance the ideal of

equality of educational opportunity without regard to race,

sex or any distinctions, economic or social;

by suggesting educational methods best suited to prepare the

children of the world for the responsibilities of freedom;

(c) maintain, increase and diffuse knowledge;

by assuring the conservation and protection of the world's

inheritance of books, works of art and monuments of history

and science, and recommending to the nations concerned the

necessary international conventions;

by encouraging cooperation among the nations in all branches

of intellectual activity, including the international exchange

of persons active in the fields of education, science and

culture and the exchange of publications, objects of artistic

and scientific interest and other materials of information;

by initiating methods of international cooperation calculated

to give the people of all countries access to the printed and

published materials produced by any of them.

3. With a view to preserving the independence, integrity and

fruitful diversity of the cultures and educational systems of the

States Members of this Organisation, the Organisation is prohibited

from intervening in matters which are essentially within their

domestic jurisdiction.

ARTICLE II.

MEMBERSHIP

1. Membership of the United Nations Organisation shall carry with

it the right to membership of the United Nations Educational,

Scientific and Cultural Organisation.

2. Subject to the conditions of the agreement between this

Organisation and the United Nations Organisation, approved pursuant

to Article X of this Constitution, States not members of the United

Nations Organisation may be admitted to membership of the

Organisation, upon recommendation of the Executive Board, by a

two-thirds majority vote of the General Conference.

3. Members of the Organisation which are suspended from the

exercise of the rights and privileges of membership of the United

Nations Organisation shall, upon the request of the latter, be

suspended from the rights and privileges of this Organisation.

4. Members of the Organisation which are expelled from the United

Nations Organisation shall automatically cease to be members of

this Organisation.

ARTICLE III.

ORGANS

The Organisation shall include a General Conference, an Executive

Board and a Secretariat.

ARTICLE IV.

THE GENERAL CONFERENCE

A. Composition.

1. The General Conference shall consist of the representatives of

the States Members of the Organisation. The Government of each

Member State shall appoint not more than five delegates, who shall

be selected after consultation with the National Commission, if

established, or with educational, scientific and cultural bodies.

B. Functions

2. The General Conference shall determine the policies and the

main lines of work of the Organisation. It shall take decisions on

programmes drawn up by the Executive Board.

3. The General Conference shall, when it deems it desirable,

summon international conferences on education, the sciences and

humanities and the dissemination of knowledge.

4. The General Conference shall, in adopting proposals for

submission to the Member States, distinguish between

recommendations and international conventions submitted for their

approval. In the former case a majority vote shall suffice; in the

latter case a two-thirds majority shall be required. Each of the

Member States shall submit recommendations or conventions to its

competent authorities within a period of one year from the close of

the session of the General Conference at which they were adopted.

5. The General Conference shall advise the United Nations

Organisation on the educational, scientific and cultural aspects of

matters of concern to the latter, in accordance with the terms and

procedure agreed upon between the appropriate authorities of the

two Organisations.

6. The General Conference shall receive and consider the reports

submitted periodically by Member States as provided by Article

VIII.

7. The General Conference shall elect the members of the

Executive Board and, on the recommendation of the Board, shall

appoint the Director-General.

C. Voting

8. Each Member State shall have one vote in the General

Conference. Decisions shall be made by a simple majority except in

cases in which a two-thirds majority is required by the provisions

of this Constitution. A majority shall be a majority of the Members

present and voting.

D. Procedure

9. The General Conference shall meet annually in ordinary

session; it may meet in extraordinary session on the call of the

Executive Board. At each session the location of its next session

shall be designated by the General Conference and shall vary from

year to year.

10. The General Conference shall, at each session, elect a

President and other officers and adopt rules of procedure.

11. The General Conference shall set up special and technical

committees and such other subordinate bodies as may be necessary

for its purposes.

12. The General Conference shall cause arrangements to be made

for public access to meetings, subject to such regulations as it

shall prescribe.

E. Observers

13. The General Conference, on the recommendation of the

Executive Board and by a two-thirds majority may, subject to its

rules of procedure, invite as observers at specified sessions of

the Conference or of its commissions representatives of

international organisations, such as those referred to in Article

XI, paragraph 4.

ARTICLE V.

EXECUTIVE BOARD

A. Composition

1. The Executive Board shall consist of eighteen members elected

by the General Conference from among the delegates appointed by the

Member States, together with the President of the Conference who

shall sit ex officio in an advisory capacity.

2. In electing the members of the Executive Board the General

Conference shall endeavour to include persons competent in the

arts, the humanities, the sciences, education and the diffusion of

ideas, and qualified by their experience and capacity to fulfill

the administrative and executive duties of the Board. It shall also

have regard to the diversity of cultures and a balanced

geographical distribution. Not more than one national of any Member

State shall serve on the Board at any one time, the President of

the Conference excepted.

3. The elected members of the Executive Board shall serve for a

term of three years, and shall be immediately eligible for a second

term, but shall not serve consecutively for more than two terms. At

the first election eighteen members shall be elected of whom one

third shall retire at the end of the first year and one third at

the end of the second year, the order of retirement being

determined immediately after the election by the drawing of lots.

Thereafter six members shall be elected each year.

4. In the event of the death or resignation of one of its

members, the Executive Board shall appoint, from among the

delegates of the Member State concerned, a substitute, who shall

serve until the next session of the General Conference which shall

elect a member for the remainder of the term.

B. Functions

5. The Executive Board, acting under the authority of the General

Conference, shall be responsible for the execution of the programme

adopted by the Conference and shall prepare its agenda and

programme of work.

6. The Executive Board shall recommend to the General Conference

the admission of new Members to the Organisation.

7. Subject to decisions of the General Conference, the Executive

Board shall adopt its own rules of procedure. It shall elect its

officers from among its members.

8. The Executive Board shall meet in regular session at least

twice a year and may meet in special session if convoked by the

Chairman on his own initiative or upon the request of six members

of the Board.

9. The Chairman of the Executive Board shall present to the

General Conference, with or without comment, the annual report of

the Director-General on the activities of the Organisation, which

shall have been previously submitted to the Board.

10. The Executive Board shall make all necessary arrangements to

consult the representatives of international organisations or

qualified persons concerned with questions within its competence.

11. The members of the Executive Board shall exercise the powers

delegated to them by the General Conference on behalf of the

Conference as a whole and not as representatives of their

respective Governments.

ARTICLE VI.

SECRETARIAT

1. The Secretariat shall consist of a Director-General and such

staff as may be required.

2. The Director-General shall be nominated by the Executive Board

and appointed by the General Conference for a period of six years,

under such conditions as the Conference may approve, and shall be

eligible for re-appointment. He shall be the chief administrative

officer of the Organisation.

3. The Director-General, or a deputy designated by him, shall

participate, without the right to vote, in all meetings of the

General Conference, of the Executive Board, and of the committees

of the Organisation. He shall formulate proposals for appropriate

action by the Conference and the Board.

4. The Director-General shall appoint the staff of the

Secretariat in accordance with staff regulations to be approved by

the General Conference. Subject to the paramount consideration of

securing the highest standards of integrity, efficiency and

technical competence, appointment to the staff shall be on as wide

a geographical basis as possible.

5. The responsibilities of the Director-General and of the staff

shall be exclusively international in character. In the discharge

of their duties they shall not seek or receive instructions from

any government or from any authority external to the Organisation.

They shall refrain from any action which might prejudice their

position as international officials. Each State Member of the

Organisation undertakes to respect the international character of

the responsibilities of the Director-General and the staff, and not

to seek to influence them in the discharge of their duties.

6. Nothing in this Article shall preclude the Organisation from

entering into special arrangements within the United Nations

Organisation for common services and staff and for the interchange

of personnel.

ARTICLE VII.

NATIONAL CO-OPERATING BODIES

1. Each Member State shall make such arrangements as suit its

particular conditions for the purpose of associating its principal

bodies interested in educational, scientific and cultural matters

with the work of the Organisation, preferably by the formation of a

National Commission broadly representative of the Government and

such bodies.

2. National Commissions or national co-operating bodies, where

they exist, shall act in an advisory capacity to their respective

delegations to the General Conference and to their Governments in

matters relating to the Organisation and shall function as agencies

of liaison in all matters of interest to it.

3. The Organisation may, on the request of a Member State

delegate, either temporarily or permanently, a member of its

Secretariat to serve on the National Commission of that State, in

order to assist in the development of its work.

ARTICLE VIII.

REPORTS BY MEMBER STATES

Each Member State shall report periodically to the Organisation,

in a manner to be determined by the General Conference, on its

laws, regulations and statistics relating to educational,

scientific and cultural life and institutions, and on the action

taken upon the recommendations and conventions referred to in

Article IV, paragraph 4.

ARTICLE IX.

BUDGET

1. The budget shall be administered by the Organisation.

2. The General Conference shall approve and give final effect to

the budget and to the apportionment of financial responsibility

among the States Members of the Organisation subject to such

arrangement with the United Nations as may be provided in the

agreement to be entered into pursuant to Article X.

3. The Director-General, with the approval of the Executive

Board, may receive gifts, bequests, and subventions directly from

governments, public and private institutions, associations and

private persons.

ARTICLE X.

RELATIONS WITH THE UNITED NATIONS ORGANISATION

This Organisation shall be brought into relation with the United

Nations Organisation, as soon as practicable, as one of the

specialised agencies referred to in Article 57 of the Charter of

the United Nations. This relationship shall be effected through an

agreement with the United Nations Organisation under Article 63 of

the Charter, which agreement shall be subject to the approval of

the General Conference of this Organisation. The agreement shall

provide for effective co-operation between the two Organisations in

the pursuit of their common purposes, and at the same time shall

recognise the autonomy of this Organisation, within the fields of

its competence as defined in this Constitution. Such agreement may,

among other matters, provide for the approval and financing of the

budget of the Organisation by the General Assembly of the United

Nations.

ARTICLE XI.

RELATIONS WITH OTHER SPECIALIZED INTERNATIONAL ORGANISATIONS AND

AGENCIES

1. This Organisation may co-operate with other specialised

inter-governmental organisations and agencies whose interests and

activities are related to its purposes. To this end the

Director-General, acting under the general authority of the

Executive Board, may establish effective working relationships with

such organisations and agencies and establish such joint committees

as may be necessary to assure effective co-operation. Any formal

arrangements entered into with such organisations or agencies shall

be subject to the approval of the Executive Board.

2. Whenever the General Conference of this Organisation and the

competent authorities of any other specialised inter-governmental

organisations or agencies whose purposes and functions lie within

the competence of this Organisation, deem it desirable to effect a

transfer of their resources and activities to this Organisation,

the Director-General, subject to the approval of the Conference,

may enter into mutually acceptable arrangements for its purpose.

3. This Organisation may make appropriate arrangements with other

inter-governmental organisations for reciprocal representation at

meetings.

4. The United Nations Educational, Scientific and Cultural

Organisation may make suitable arrangements for consultation and

co-operation with non-governmental international organisations

concerned with matters within its competence and may invite them to

undertake specific tasks. Such co-operation may also include

appropriate participation by representatives of such organisations

on advisory committees set up by the General Conference.

ARTICLE XII.

LEGAL STATUS OF THE ORGANISATION

The provisions of Articles 104 and 105 of the Charter of the

United Nations Organisation concerning the legal status of that

Organisation, its privileges and immunities shall apply in the same

way to this Organisation.

ARTICLE XIII.

AMENDMENTS

1. Proposals for amendments to this Constitution shall become

effective upon receiving the approval of the General Conference by

a two-thirds majority; provided, however, that those amendments

which involve fundamental alterations in the aims of the

Organisation or new obligations for the Member States shall require

subsequent acceptance on the part of two-thirds of the Member

States before they come into force. The draft texts of proposed

amendments shall be communicated by the Director-General to the

Member States at least six months in advance of their consideration

by the General Conference.

2. The General Conference shall have power to adopt by a

two-thirds majority rules of procedure for carrying out the

provisions of this Article.

ARTICLE XIV.

INTERPRETATION

1. The English and French texts of this Constitution shall be

regarded as equally authoritative.

2. Any question or dispute concerning the interpretation of this

Constitution shall be referred for determination to the

International Court of Justice or to an arbitral tribunal, as the

General Conference may determine under its rules of procedure.

ARTICLE XV.

ENTRY INTO FORCE

1. This Constitution shall be subject to acceptance. The

instruments of acceptance shall be deposited with the Government of

the United Kingdom.

2. This Constitution shall remain open for signature in the

archives of the Government of the United Kingdom. Signature may

take place either before or after the deposit of the instrument of

acceptance. No acceptance shall be valid unless preceded or

followed by signature.

3. This Constitution shall come into force when it has been

accepted by twenty of its signatories. Subsequent acceptances shall

take effect immediately.

4. The Government of the United Kingdom will inform all members

of the United Nations of the receipt of all instruments of

acceptance and of the date on which the Constitution comes into

force in accordance with the preceding paragraph.

In faith whereof, the undersigned, duly authorised to that

effect, have signed this Constitution in the English and French

languages, both texts being equally authentic.

Done in London the sixteenth day of November, 1945 in a single

copy, in the English and French languages, of which certified

copies will be communicated by the Government of the United Kingdom

to the Governments of all the Members of the United Nations.

[Here follow the signatures of the heads of the delegations.]

-End-

-CITE-

22 USC Sec. 287n 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVII - UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND

CULTURAL ORGANIZATION

-HEAD-

Sec. 287n. Representatives in General Conference; number;

citizenship; compensation

-STATUTE-

The President by and with the consent of the Senate shall

designate from time to time to attend a specified session or

specified sessions of the General Conference of the Organization

not to exceed five representatives of the United States and such

number of alternates not to exceed five as he may determine

consistent with the rules of procedure of the General Conference:

Provided, however, That each such representative and each such

alternate must be an American citizen. One of the representatives

shall be designated as the senior representative. Such

representatives and alternates shall each be entitled to receive

compensation at such rates provided for members of the Senior

Foreign Service under section 3962 of this title, or provided for

Foreign Service officers under section 3963 of this title, as the

President may determine, for such periods as the President may

specify, except that no Member of the Senate or House of

Representatives or officer of the United States who is designated

under this section as a representative of the United States or as

an alternate to attend any specified session or specified sessions

of the General Conference shall be entitled to receive such

compensation. Whenever a representative of the United States is

elected by the General Conference to serve on the Executive Board,

or is elected President of the General Conference and thus becomes

an ex officio adviser to the Executive Board, under provision of

article V of the constitution of the Organization, the President

may extend the above provisions for compensation to such

representative during periods of service in connection with the

Executive Board.

-SOURCE-

(July 30, 1946, ch. 700, Sec. 2, 60 Stat. 712; July 31, 1956, ch.

804, title I, Sec. 112, 70 Stat. 740; Pub. L. 88-426, title III,

Secs. 305(1), 306(g), Aug. 14, 1964, 78 Stat. 422, 430; Pub. L.

96-465, title II, Sec. 2206(a)(3), Oct. 17, 1980, 94 Stat. 2161.)

-REFTEXT-

REFERENCES IN TEXT

Article V of the constitution of the Organization, referred to in

text, is article V of the Constitution of the United Nations

Educational, Scientific, and Cultural Organization, which is set

out as a note under section 287m of this title.

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-465 substituted "members of the Senior Foreign

Service under section 3962 of this title, or provided for Foreign

Service officers under section 3963 of this title," for "Foreign

Service officers in the schedule contained in section 867 of this

title,".

1964 - Pub. L. 88-426, Sec. 306(g), substituted provisions

permitting payment of compensation at such rates provided for

Foreign Service officers in the schedule contained in section 867

of this title for provisions which limited compensation at not more

than $15,000 per annum.

1956 - Act July 31, 1956, increased maximum compensation of

representatives and alternatives from $12,000 to $15,000.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of this title.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-426 effective on first day of first pay

period which begins on or after July 1, 1964, except to the extent

provided in section 501(c) of Pub. L. 88-426, see section 501 of

Pub. L. 88-426.

REPEALS

Section 112 of act July 31, 1956, cited as a credit to this

section, was repealed by section 305(1) of Pub. L. 88-426.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 287r of this title.

-End-

-CITE-

22 USC Sec. 287o 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVII - UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND

CULTURAL ORGANIZATION

-HEAD-

Sec. 287g742o. National Commission on Educational, Scientific, and

Cultural Cooperation; membership; meetings; expenses

-STATUTE-

In fulfillment of article VII of the constitution of the

Organization, the Secretary of State shall cause to be organized a

National Commission on Educational, Scientific, and Cultural

Corporation (!1) of not to exceed one hundred members. Such

Commission shall be appointed by the Secretary of State and shall

consist of (a) not more than sixty representatives of principal

national, voluntary organizations interested in educational,

scientific, and cultural matters; and (b) not more than forty

outstanding persons selected by the Secretary of State, including

not more than ten persons holding office under or employed by the

Government of the United States, not more than fifteen

representatives of the educational, scientific, and cultural

interests of State and local governments, and not more than fifteen

persons chosen at large. The Secretary of State is authorized to

name in the first instance fifty of the principal national

voluntary organizations, each of which shall be invited to

designate one representative for appointment to the National

Commission. Thereafter, the National Commission shall periodically

review and, if deemed advisable, revise the list of such

organizations designating representatives in order to achieve a

desirable rotation among organizations represented. To constitute

the initial Commission, one-third of the members shall be appointed

to serve for a term of one year, one-third for a term of two years,

and one-third or the remainder thereof for a term of three years;

from thence on following, all members shall be appointed for a term

of three years each, but no member shall serve more than two

consecutive terms. The National Commission shall meet at least once

annually. The National Commission shall designate from among its

members an executive committee, and may designate such other

committees as may prove necessary, to consult with the Department

of State and to perform such other functions as the National

Commission shall delegate to them. No member of the National

Commission shall be allowed any salary or other compensation for

services: Provided, however, That he may be paid transportation and

other expenses as authorized by section 5703 of title 5. The

Department of State is authorized to provide the necessary

secretariat for the Commission.

-SOURCE-

(July 30, 1946, ch. 700, Sec. 3, 60 Stat. 713; Pub. L. 87-139, Sec.

9, Aug. 14, 1961, 75 Stat. 341.)

-REFTEXT-

REFERENCES IN TEXT

Article VII of the constitution of the Organization, referred to

in text, is article VII of the Constitution of the United Nations

Educational, Scientific, and Cultural Organization, which is set

out as a note under section 287m of this title.

-COD-

CODIFICATION

"Section 5703 of title 5" substituted in text for "section 5 of

the Administrative Expenses Act of 1946, as amended (5 U.S.C.

73b-2)" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

-MISC1-

AMENDMENTS

1961 - Pub. L. 87-139 substituted provisions for payment of

transportation and other expenses as authorized by section 5703 of

title 5, for provisions authorizing payment of actual

transportation expenses plus a $10 maximum per diem.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 287r of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "Cooperation".

-End-

-CITE-

22 USC Sec. 287p 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVII - UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND

CULTURAL ORGANIZATION

-HEAD-

Sec. 287p. Citizenship of members

-STATUTE-

Each such member of the National Commission must be an American

citizen.

-SOURCE-

(July 30, 1946, ch. 700, Sec. 4, 60 Stat. 713.)

-End-

-CITE-

22 USC Sec. 287q 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVII - UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND

CULTURAL ORGANIZATION

-HEAD-

Sec. 287q. General and special conferences; expenses; acceptance of

services and gifts or bequests of money or materials

-STATUTE-

The National Commission shall call general conferences for the

discussion of matters relating to the activities of the

Organization, to which conferences organized bodies actively

interested in such matters shall be invited to send

representatives: Provided, however, That the travel and maintenance

of such representation shall be without expense to the Government.

Such general conferences shall be held annually or biennially, as

the National Commission may determine, and in such places as it may

designate. They shall be attended so far as possible by the members

of the National Commission and by the delegates of the United

States to the General Conference of the Organization. The National

Commission is further authorized to call special conferences of

experts for the consideration of specific matters relating to the

Organization by persons of specialized competences. The Department

of State may pay their transportation and other expenses as

authorized by section 5703 of title 5, for the period of actual

attendance and of necessary travel. The National Commission is

further authorized to receive and accept services and gifts or

bequests of money or materials to carry out any of the educational,

scientific, or cultural purposes of the National Commission as set

forth in this subchapter and in the constitution of the

Organization. Any money so received shall be held by the Secretary

of State and shall be subject to disbursement through the

disbursement facilities of the Treasury Department as the terms of

the gift or bequest may require and shall remain available for

expenditure by grant or otherwise until expended: Provided, That no

such gift or bequest may be accepted or disbursed if the terms

thereof are inconsistent with the purposes of the National

Commission as set forth in this subchapter and in the constitution

of the Organization. Gifts or bequests provided for herein shall,

for the purposes of Federal income, estate, and gift taxes, be

deemed to be a gift to or for the United States. The National

Commission and Secretary of State shall submit to Congress annual

reports of receipts and expenditures of funds and bequests received

and disbursed pursuant to the provisions of this section.

-SOURCE-

(July 30, 1946, ch. 700, Sec. 5, 60 Stat. 713; Pub. L. 85-477, ch.

V, Sec. 502(e), June 30, 1958, 72 Stat. 273; Pub. L. 87-139, Sec.

10, Aug. 14, 1961, 75 Stat. 341; Pub. L. 98-164, title I, Sec.

106(a), Nov. 22, 1983, 97 Stat. 1018.)

-STATAMEND-

REPEAL OF REPORTING REQUIREMENTS

Pub. L. 89-348, Sec. 1(21), Nov. 8, 1965, 79 Stat. 1311, repealed

provisions of this section which required an annual report to the

Congress by the National Commission on Educational, Scientific, and

Cultural Cooperation and the Secretary of State of the receipts and

expenditures of funds and bequests received and disbursed in

connection with the United Nations Educational, Scientific, and

Cultural Organization.

-REFTEXT-

REFERENCES IN TEXT

The constitution of the Organization, referred to in text, is the

Constitution of the United Nations Educational, Scientific, and

Cultural Organization, which is set out as a note under section

287m of this title.

-COD-

CODIFICATION

"Section 5703 of title 5" substituted in text for "section 5 of

the Administrative Expenses Act of 1946, as amended (5 U.S.C.

73b-2)" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-164 struck out provision prohibiting acceptance

of gifts or bequests aggregating more than $200,000 in any year.

1961 - Pub. L. 87-139 substituted provisions authorizing payment

of transportation and other expenses of attending experts as

authorized by section 5703 of title 5, for provisions which allowed

the experts $10 per diem plus actual transportation expenses.

1958 - Pub. L. 85-477 authorized the National Commission to

receive and accept services and gifts or bequests of money or

materials.

-End-

-CITE-

22 USC Sec. 287r 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVII - UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND

CULTURAL ORGANIZATION

-HEAD-

Sec. 287r. Authorization of appropriations; payment of expenses

-STATUTE-

There is hereby authorized to be appropriated annually to the

Department of State, out of any money in the Treasury not otherwise

appropriated such sums as may be necessary for the payment by the

United States of its share of the expenses of the Organization as

apportioned by the General Conference of the Organization in

accordance with article IX of the constitution of the Organization,

and such additional sums as may be necessary to pay the expenses of

participation by the United States in the activities of the

Organization, including: (a) salaries of the representatives

provided for in section 287n of this title, of their appropriate

staffs, and of members of the secretariat of the National

Commission provided for in section 287o of this title, including

personal services in the District of Columbia and elsewhere,

without regard to the civil-service laws and chapter 51 and

subchapter III of chapter 53 of title 5; (b) travel expenses

without regard to the Standardized Government Travel Regulations,

as amended, the Subsistence Expense Act of 1926, as amended, and

section 5731 of title 5, and, under such rules and regulations as

the Secretary of State may prescribe, travel expenses of families

and transportation of effects of United States representatives and

other personnel in going to and returning from their post of duty;

(c) allowances for living quarters, including heat, fuel, and

light, as authorized by section 5912 of title 5; (d) cost of living

allowances under such rules and regulations as the Secretary of

State may prescribe, including allowances to persons temporarily

stationed abroad; (e) communication services; (f) stenographic

reporting, translating, and other services, by contract, if deemed

necessary, without regard to section 5 of title 41; (g) local

transportation; (h) equipment; (i) transportation of things; (j)

rent of offices; (k) printing and binding without regard to section

501 of title 44 and section 5 of title 41; (l) official

entertainment; (m) stationery; (n) purchase of newspapers,

periodicals, books, and documents; and (o) such other expenses as

may be authorized by the Secretary of State.

-SOURCE-

(July 30, 1946, ch. 700, Sec. 6, 60 Stat. 714; ch. 782, title II,

Sec. 202(2), title XI, Sec. 1106(a), Oct. 28, 1949, 63 Stat. 954,

972.)

-REFTEXT-

REFERENCES IN TEXT

Article IX of the constitution of the Organization, referred to

in text, is article IX of the constitution of the United Nations

Educational, Scientific, and Cultural Organization, which is set

out as a note under section 287m of this title.

The civil-service laws, referred to in clause (a), are set forth

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

The Subsistence Expenses Act of 1926, as amended, referred to in

clause (b), was repealed and superseded by the Travel Expense Act

of 1949, which is now covered by subchapter I of chapter 57 of

Title 5. Section 9(a) of the 1949 Act provided in part: "All Acts .

. . applicable to civilian officers or employees of the departments

and establishments, providing for reimbursement of actual travel or

transportation expense, and all other Acts, general or special,

which are in conflict with the provisions of this Act . . . are

hereby modified, but only to the extent of inconsistency or

conflict with the provisions of this Act . . ."

-COD-

CODIFICATION

In clause (a), "chapter 51 and subchapter III of chapter 53 of

title 5" substituted for "the Classification Act of 1949" on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

In clauses (b) and (c), "section 5731 of title 5" and "section

5912 of title 5" substituted for "section 10 of the Act of March 3,

1933 (U.S.C., title 5, sec. 73b)" and "the Act approved June 26,

1930 (U.S.C., title 5, sec. 118a)", respectively, on authority of

Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first

section of which enacted Title 5.

In clause (k), "section 501 of title 44" substituted for "section

11 of the Act of March 1, 1919 (44 U.S.C. 111)" on authority of

Pub. L. 90-620, Sec. 2(b), Oct. 22, 1968, the first section of

which enacted Title 44, Public Printing and Documents.

-MISC1-

AMENDMENTS

1949 - Act Oct. 28, 1949, substituted "Classification Act of

1949" for "Classification Act of 1923".

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

ANNUAL APPROPRIATIONS

Annual appropriations to meet the obligations of membership in

various international organizations were contained in acts listed

in a note set out under section 269a of this title.

RESTRICTION ON CONTRIBUTIONS BECAUSE OF JOURNALISTIC INTERFERENCE;

REPORT TO CONGRESS

Pub. L. 97-241, title I, Sec. 109, Aug. 24, 1982, 96 Stat. 276,

provided that:

"(a) None of the funds authorized to be appropriated by paragraph

(2) of section 102 of this Act [section 102(2) of Pub. L. 97-241,

which was not classified to the Code] or by any other Act for

'International Organizations and Conferences' may be used for

payment by the United States of its contribution toward the

assessed budget of the United Nations Educational, Scientific and

Cultural Organization if that organization implements any policy or

procedure the effect of which is to license journalists or their

publications, to censor or otherwise restrict the free flow of

information within or among countries, or to impose mandatory codes

of journalistic practice or ethics.

"(b) Not later then February 1 of each year, the Secretary of

State shall report to the Congress with respect to whether the

United Nations Educational, Scientific and Cultural Organization

has taken any action described in subsection (a) of this section."

[For termination, effective May 15, 2000, of reporting provisions

in section 109(b) of Pub. L. 97-241, set out above, see section

3003 of Pub. L. 104-66, as amended, set out as a note under section

1113 of Title 31, Money and Finance, and page 130 of House Document

No. 103-7.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 272a, 280b, 280i, 280k,

287e, 290b, 1928 of this title.

-End-

-CITE-

22 USC Sec. 287s 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVII - UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND

CULTURAL ORGANIZATION

-HEAD-

Sec. 287s. Amendments to constitution of Organization involving new

obligations

-STATUTE-

Unless Congress by law authorizes such action, neither the

President nor any person or agency shall on behalf of the United

States approve any amendment under article XIII of the constitution

of the Organization involving any new obligation for the United

States.

-SOURCE-

(July 30, 1946, ch. 700, Sec. 7, 60 Stat. 714.)

-REFTEXT-

REFERENCES IN TEXT

Article XIII of the constitution of the Organization, referred to

in text, is article XIII of the constitution of the United Nations

Educational, Scientific, and Cultural Organization, which is set

out as a note under section 287m of this title.

-End-

-CITE-

22 USC Sec. 287t 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVII - UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND

CULTURAL ORGANIZATION

-HEAD-

Sec. 287t. Prohibition against disclosure of information or

knowledge

-STATUTE-

In adopting this subchapter, it is the understanding of the

Congress that the constitution of the Organization does not

require, nor does this subchapter authorize, the disclosure of any

information or knowledge in any case in which such disclosure is

prohibited by any law of the United States.

-SOURCE-

(July 30, 1946, ch. 700, Sec. 8, 60 Stat. 714.)

-REFTEXT-

REFERENCES IN TEXT

The constitution of the Organization, referred to in text, is the

constitution of the United Nations Educational, Scientific, and

Cultural Organization, which is set out as a note under section

287m of this title.

-End-

-CITE-

22 USC SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF

INTERNATIONAL

ORGANIZATIONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-HEAD-

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 288j, 288k, 4309 of

this title; title 8 sections 1101, 1184; title 10 section 130c;

title 26 sections 414, 7701; title 28 section 1611; title 29

sections 1002, 1321; title 42 section 410; title 49 section 30144.

-End-

-CITE-

22 USC Sec. 288 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-HEAD-

Sec. 288. "International organization" defined; authority of

President

-STATUTE-

For the purposes of this subchapter, the term "international

organization" means a public international organization in which

the United States participates pursuant to any treaty or under the

authority of any Act of Congress authorizing such participation or

making an appropriation for such participation, and which shall

have been designated by the President through appropriate Executive

order as being entitled to enjoy the privileges, exemptions, and

immunities provided in this subchapter. The President shall be

authorized, in the light of the functions performed by any such

international organization, by appropriate Executive order to

withhold or withdraw from any such organization or its officers or

employees any of the privileges, exemptions, and immunities

provided for in this subchapter (including the amendments made by

this subchapter) or to condition or limit the enjoyment by any such

organization or its officers or employees of any such privilege,

exemption, or immunity. The President shall be authorized, if in

his judgment such action should be justified by reason of the abuse

by an international organization or its officers and employees of

the privileges, exemptions, and immunities provided in this

subchapter or for any other reason, at any time to revoke the

designation of any international organization under this section,

whereupon the international organization in question shall cease to

be classed as an international organization for the purposes of

this subchapter.

-SOURCE-

(Dec. 29, 1945, ch. 652, title I, Sec. 1, 59 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

title", meaning title I of act Dec. 29, 1945, ch. 652, 59 Stat.

669, which is classified principally to this subchapter. For

complete classification of title I to the Code, see Short Title

note set out below and Tables.

-MISC1-

SHORT TITLE

Section 10 of title I of act Dec. 29, 1945, provided that: "This

title [enacting this subchapter and amending section 215 of Title

8, Aliens and Nationality, sections 116, 1607, 1621, 3466, 3469,

3475, and 3797 of Internal Revenue Code, 1939, and section 409 of

Title 42, The Public Health and Welfare] may be cited as the

'International Organizations Immunities Act'."

INTERNATIONAL COTTON ADVISORY COMMITTEE

Pub. L. 104-127, title II, Sec. 283, Apr. 4, 1996, 110 Stat. 980,

provided that:

"(a) In General. - The President shall ensure that the Government

of the United States participates as a full member of the

International Cotton Advisory Committee.

"(b) Representation by the Secretary. - The Secretary of

Agriculture shall represent the Government of the United States as

a member of the International Cotton Advisory Committee and shall

delegate the primary responsibility to represent the Government of

the United States to appropriately qualified individuals."

ADMINISTRATIVE SUPPLIES FOR INTERNATIONAL ORGANIZATIONS

Act Aug. 4, 1947, ch. 479, 61 Stat. 752, provided for the

procurement and furnishing of administrative supplies by the

Treasury Department to international organizations until July 1,

1948. This act was popularly known as the "International

Organizations Procurement Act of 1947."

PUBLIC INTERNATIONAL ORGANIZATIONS ENTITLED TO ENJOY CERTAIN

PRIVILEGES, EXEMPTIONS, AND IMMUNITIES

International organizations were designated by executive order as

public international organizations entitled to enjoy the

privileges, exemptions, and immunities conferred by the

International Organizations Immunities Act (this subchapter) as

follows:

African Development Bank, Ex. Ord. No. 12403, Feb. 8, 1983, 48 F.R.

6087.

African Development Fund, Ex. Ord. No. 11977, Mar. 14, 1977, 42

F.R. 14671.

Asian Development Bank, Ex. Ord. No. 11334, Mar. 7, 1967, 32 F.R.

3933.

Border Environment Cooperation Commission, Ex. Ord. No. 12904, Mar.

16, 1994, 59 F.R. 13179.

Caribbean Organization, Ex. Ord. No. 10983, Dec. 30, 1961, 27 F.R.

32.

Commission for Environmental Cooperation, Ex. Ord. No. 12904, Mar.

16, 1994, 59 F.R. 13179.

Commission for Labor Cooperation, Ex. Ord. No. 12904, Mar. 16,

1994, 59 F.R. 13179.

Commission for the Study of Alternatives to the Panama Canal, Ex.

Ord. No. 12567, Oct. 2, 1986, 51 F.R. 35495.

Council of Europe in Respect of the Group of States Against

Corruption (GRECO), Ex. Ord. No. 13240, Dec. 18, 2001, 66 F.R.

66257.

Customs Cooperation Council, Ex. Ord. No. 11596, June 5, 1971, 36

F.R. 11079.

European Bank for Reconstruction and Development, Ex. Ord. No.

12766, June 18, 1991, 56 F.R. 28463.

European Space Agency, Ex. Ord. No. 11318, Dec. 5, 1966, 31 F.R.

15307; Ex. Ord. No. 11351, May 22, 1967, 32 F.R. 7561; Ex. Ord.

No. 11760, Jan. 17, 1974, 39 F.R. 2343; Ex. Ord. No. 12766, June

18, 1991, 56 F.R. 28463.

Food and Agriculture Organization, Ex. Ord. No. 9698, Feb. 19,

1946, 11 F.R. 1809.

Great Lakes Fishery Commission, Ex. Ord. No. 11059, Oct. 23, 1962,

27 F.R. 10405.

Hong Kong Economic and Trade Offices, Ex. Ord. No. 13052, June 30,

1997, 62 F.R. 35659.

Inter-American Defense Board, Ex. Ord. No. 10228, Mar. 26, 1951, 16

F.R. 2676.

Inter-American Development Bank, Ex. Ord. No. 10873, Apr. 8, 1960,

25 F.R. 3097; Ex. Ord. No. 11019, Apr. 27, 1962, 27 F.R. 4145.

Inter-American Institute of Agricultural Sciences, Ex. Ord. No.

9751, July 11, 1946, 11 F.R. 7713.

Inter-American Investment Corporation, Ex. Ord. No. 12567, Oct. 2,

1986, 51 F.R. 35495.

Inter-American Statistical Institute, Ex. Ord. No. 9751, July 11,

1946, 11 F.R. 7713.

Inter-American Tropical Tuna Commission, Ex. Ord. No. 11059, Oct.

23, 1962, 27 F.R. 10405.

Intergovernmental Maritime Consultative Organization, Ex. Ord. No.

10795, Dec. 13, 1958, 23 F.R. 9709.

International Atomic Energy Agency, Ex. Ord. No. 10727, Aug. 31,

1957, 22 F.R. 7099.

International Bank for Reconstruction and Development, Ex. Ord. No.

9751, July 11, 1946, 11 F.R. 7713.

International Boundary and Water Commission, United States and

Mexico, Ex. Ord. No. 12467, Mar. 2, 1984, 49 F.R. 8229.

International Centre for Settlement of Investment Disputes, Ex.

Ord. No. 11966, Jan. 19, 1977, 42 F.R. 4331.

International Civil Aviation Organization, Ex. Ord. No. 9863, May

31, 1947, 12 F.R. 3559.

International Coffee Organization, Ex. Ord. No. 11225, May 22,

1965, 30 F.R. 7093.

International Committee of the Red Cross, Ex. Ord. No. 12643, June

23, 1988, 53 F.R. 24247.

International Cotton Advisory Committee, Ex. Ord. No. 9911, Dec.

19, 1947, 12 F.R. 8719.

International Cotton Institute, Ex. Ord. No. 11283, May 27, 1966,

31 F.R. 7667.

International Criminal Police Organization (INTERPOL) (limited

privileges), Ex. Ord. No. 12425, June 16, 1983, 48 F.R. 28069;

Ex. Ord. No. 12971, Sept. 15, 1995, 60 F.R. 48617.

International Development Association, Ex. Ord. No. 11966, Jan. 19,

1977, 42 F.R. 4331.

International Development Law Institute, Ex. Ord. No. 12842, Mar.

29, 1993, 58 F.R. 17081.

International Fertilizer Development Center, Ex. Ord. No. 11977,

Mar. 14, 1977, 42 F.R. 14671.

International Finance Corporation, Ex. Ord. No. 10680, Oct. 2,

1956, 21 F.R. 7647.

International Food Policy Research Institute (limited privileges),

Ex. Ord. No. 12359, Apr. 22, 1982, 47 F.R. 17791.

International Fund for Agricultural Development, Ex. Ord. No.

12732, Oct. 31, 1990, 55 F.R. 46489.

International Hydrographic Bureau, Ex. Ord. No. 10769, May 29,

1958, 23 F.R. 3801.

International Joint Commission - United States and Canada, Ex. Ord.

No. 9972, June 25, 1948, 13 F.R. 3573.

International Labor Organization, Ex. Ord. No. 9698, Feb. 19, 1946,

11 F.R. 1809.

International Maritime Satellite Organization, Ex. Ord. No. 12238,

Sept. 12, 1980, 45 F.R. 60877.

International Monetary Fund, Ex. Ord. No. 9751, July 11, 1946, 11

F.R. 7713.

International Pacific Halibut Commission, Ex. Ord. No. 11059, Oct.

23, 1962, 27 F.R. 10405.

International Secretariat for Volunteer Service, Ex. Ord. No.

11363, July 20, 1967, 32 F.R. 10779.

International Telecommunication Union, Ex. Ord. No. 9863, May 31,

1947, 12 F.R. 3559.

International Telecommunications Satellite Organization (INTELSAT),

Ex. Ord. No. 11718, May 14, 1973, 38 F.R. 12797; Ex. Ord. No.

11966, Jan. 19, 1977, 42 F.R. 4331.

International Union for Conservation of Nature and Natural

Resources, Ex. Ord. No. 12986, Jan. 18, 1996, 61 F.R. 1693.

International Wheat Advisory Committee (International Wheat

Council), Ex. Ord. No. 9823, Jan. 24, 1947, 12 F.R. 551.

Interparliamentary Union, Ex. Ord. No. 13097, Aug. 7, 1998, 63 F.R.

43065.

Israel-United States Binational Industrial Research and Development

Foundation, Ex. Ord. No. 12956, Mar. 13, 1995, 60 F.R. 14199.

Korean Peninsula Energy Development Organization, Ex. Ord. No.

12997, Apr. 1, 1996, 61 F.R. 14949.

Multilateral Investment Guarantee Agency, Ex. Ord. No. 12647, Aug.

2, 1988, 53 F.R. 29323.

Multinational Force and Observers, Ex. Ord. No. 12359, Apr. 22,

1982, 47 F.R. 17791.

North American Development Bank, Ex. Ord. No. 12904, Mar. 16, 1994,

59 F.R. 13179.

North Pacific Anadromous Fish Commission, Ex. Ord. No. 12895, Jan.

26, 1994, 59 F.R. 4239.

North Pacific Marine Science Organization, Ex. Ord. No. 12894, Jan.

26, 1994, 59 F.R. 4237.

Organization for European Economic Cooperation (now known as the

Organization for Economic Cooperation and Development), Ex. Ord.

No. 10133, June 27, 1950, 15 F.R. 4159.

Organization for the Prohibition of Chemical Weapons, Ex. Ord. No.

13049, June 11, 1997, 62 F.R. 32471.

Organization of African Unity (OAU), Ex. Ord. No. 11767, Feb. 19,

1974, 39 F.R. 6603.

Organization of American States (includes Pan American Union), Ex.

Ord. No. 10533, June 3, 1954, 19 F.R. 3289.

Organization of Eastern Caribbean States, Ex. Ord. No. 12669, Feb.

20, 1989, 54 F.R. 7753.

Pacific Salmon Commission, Ex. Ord. No. 12567, Oct. 2, 1986, 51

F.R. 35495.

Pan American Health Organization (includes Pan American Sanitary

Bureau), Ex. Ord. No. 10864, Feb. 18, 1960, 25 F.R. 1507.

Preparatory Commission of the International Atomic Energy Agency,

Ex. Ord. No. 10727, Aug. 31, 1957, 22 F.R. 7099.

Provisional Intergovernmental Committee for the Movement of

Migrants from Europe (now known as the Intergovernmental

Committee for European Migration), Ex. Ord. No. 10335, Mar. 28,

1952, 17 F.R. 2741.

South Pacific Commission, Ex. Ord. No. 10086, Nov. 25, 1949, 14

F.R. 7147.

United International Bureau for the Protection of Intellectual

Property (BIRPI), Ex. Ord. No. 11484, Sept. 29, 1969, 34 F.R.

15337.

United Nations, Ex. Ord. No. 9698, Feb. 19, 1946, 11 F.R. 1809.

United Nations Educational, Scientific, and Cultural Organization,

Ex. Ord. No. 9863, May 31, 1947, 12 F.R. 3559.

United Nations Industrial Development Organization, Ex. Ord. No.

12628, Mar. 8, 1988, 53 F.R. 7725.

Universal Postal Union, Ex. Ord. No. 10727, Aug. 31, 1957, 22 F.R.

7099.

World Health Organization, Ex. Ord. No. 10025, Dec. 30, 1948, 13

F.R. 9361.

World Intellectual Property Organization, Ex. Ord. No. 11866, June

18, 1975, 40 F.R. 26015.

World Meteorological Organization, Ex. Ord. No. 10676, Sept. 1,

1956, 21 F.R. 6625.

World Tourism Organization, Ex. Ord. No. 12508, Mar. 22, 1985, 50

F.R. 11837.

World Trade Organization, Ex. Ord. No. 13042, Apr. 9, 1997, 62 F.R.

18017.

PUBLIC INTERNATIONAL ORGANIZATIONS FORMERLY ENTITLED TO ENJOY

CERTAIN PRIVILEGES, EXEMPTIONS, AND IMMUNITIES

Executive orders designating international organizations as

public international organizations entitled to enjoy the

privileges, exemptions, and immunities conferred by the

International Organizations Immunities Act (this subchapter) were

revoked as follows:

Caribbean Commission, Ex. Ord. No. 10025, Dec. 30, 1948, 13 F.R.

9361; revoked by Ex. Ord. No. 10983, Dec. 30, 1961, 27 F.R. 32.

Coffee Study Group, Ex. Ord. No. 10943, May 19, 1961, 26 F.R. 4419;

revoked by Ex. Ord. No. 12033, Jan. 10, 1978, 43 F.R. 1915.

Inter-American Coffee Board, Ex. Ord. No. 9751, July 11, 1946, 11

F.R. 7713; revoked by Ex. Ord. No. 10083, Oct. 10, 1949, 14 F.R.

6161.

Intergovernmental Committee on Refugees, Ex. Ord. No. 9823, Jan.

24, 1947, 12 F.R. 551; revoked by Ex. Ord. No. 10083, Oct. 10,

1949, 14 F.R. 6161.

Interim Communications Satellite Committee, Ex. Ord. No. 11227,

June 2, 1965, 30 F.R. 7369; revoked by Ex. Ord. No. 11718, May

14, 1973, 38 F.R. 12797.

International Refugee Organization, Ex. Ord. No. 9887, Aug. 22,

1947, 12 F.R. 5723; revoked by Ex. Ord. No. 10832, Aug. 18, 1959,

24 F.R. 6753.

International Telecommunications Satellite Consortium, Ex. Ord. No.

11277, Apr. 30, 1966, 31 F.R. 6609; revoked by Ex. Ord. No.

11718, May 14, 1973, 38 F.R. 12797.

Lake Ontario Claims Tribunal, Ex. Ord. No. 11372, Sept. 18, 1967,

32 F.R. 13251; revoked by Ex. Ord. No. 11439, Dec. 7, 1968, 33

F.R. 18257.

Southeast Asia Treaty Organization, Ex. Ord. No. 10866, Feb. 20,

1960, 25 F.R. 1584; revoked by Ex. Ord. No. 12033, Jan. 10, 1978,

43 F.R. 1915.

United Nations Relief and Rehabilitation Administration, Ex. Ord.

No. 9698, Feb. 19, 1946, 11 F.R. 1809; revoked by Ex. Ord. No.

10083, Oct. 10, 1949, 14 F.R. 6161.

-EXEC-

REVOCATION OF EXECUTIVE ORDER NOS. 9721 AND 10103

Ex. Ord. No. 9721, May 10, 1946, 11 F.R. 5209, as amended by Ex.

Ord. No. 10103, Feb. 1, 1950, 15 F.R. 597, which provided for the

transfer of Federal Government personnel to public international

organizations, was revoked with certain savings provisions by

section 2 of Ex. Ord. No. 10804, Feb. 12, 1959, 24 F.R. 1147, and

subsequently revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R.

7237.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 8 section 1401; title 10

section 130c; title 15 sections 78dd-1, 78dd-2, 78dd-3; title 16

section 6104; title 18 sections 831, 1116.

-End-

-CITE-

22 USC Sec. 288a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-HEAD-

Sec. 288a. Privileges, exemptions, and immunities of international

organizations

-STATUTE-

International organizations shall enjoy the status, immunities,

exemptions, and privileges set forth in this section, as follows:

(a) International organizations shall, to the extent consistent

with the instrument creating them, possess the capacity -

(i) to contract;

(ii) to acquire and dispose of real and personal property;

(iii) to institute legal proceedings.

(b) International organizations, their property and their assets,

wherever located, and by whomsoever held, shall enjoy the same

immunity from suit and every form of judicial process as is enjoyed

by foreign governments, except to the extent that such

organizations may expressly waive their immunity for the purpose of

any proceedings or by the terms of any contract.

(c) Property and assets of international organizations, wherever

located and by whomsoever held, shall be immune from search, unless

such immunity be expressly waived, and from confiscation. The

archives of international organizations shall be inviolable.

(d) Insofar as concerns customs duties and internal-revenue taxes

imposed upon or by reason of importation, and the procedures in

connection therewith; the registration of foreign agents; and the

treatment of official communications, the privileges, exemptions,

and immunities to which international organizations shall be

entitled shall be those accorded under similar circumstances to

foreign governments.

-SOURCE-

(Dec. 29, 1945, ch. 652, title I, Sec. 2, 59 Stat. 669.)

-End-

-CITE-

22 USC Sec. 288b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-HEAD-

Sec. 288b. Baggage and effects of officers and employees exempted

from customs duties and internal revenue taxes

-STATUTE-

Pursuant to regulations prescribed by the Commissioner of Customs

with the approval of the Secretary of the Treasury, the baggage and

effects of alien officers and employees of international

organizations, or of aliens designated by foreign governments to

serve as their representatives in or to such organizations, or of

the families, suites, and servants of such officers, employees, or

representatives shall be admitted (when imported in connection with

the arrival of the owner) free of customs duties and free of

internal-revenue taxes imposed upon or by reason of importation.

-SOURCE-

(Dec. 29, 1945, ch. 652, title I, Sec. 3, 59 Stat. 669.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

For transfer of functions of other officers, employees, and

agencies of Department of the Treasury, with certain exceptions, to

Secretary of the Treasury, with power to delegate, see Reorg. Plan

No. 26, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat.

1280, 1281, set out in the Appendix to Title 5, Government

Organization and Employees. The Commissioner of Customs, referred

to in text, was an officer of the Treasury Department.

-End-

-CITE-

22 USC Sec. 288c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-HEAD-

Sec. 288c. Exemption from property taxes

-STATUTE-

International organizations shall be exempt from all property

taxes imposed by, or under the authority of, any Act of Congress,

including such Acts as are applicable solely to the District of

Columbia or the Territories.

-SOURCE-

(Dec. 29, 1945, ch. 652, title I, Sec. 6, 59 Stat. 671.)

-End-

-CITE-

22 USC Sec. 288d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-HEAD-

Sec. 288d. Privileges, exemptions, and immunities of officers,

employees, and their families; waiver

-STATUTE-

(a) Persons designated by foreign governments to serve as their

representatives in or to international organizations and the

officers and employees of such organizations, and members of the

immediate families of such representatives, officers, and employees

residing with them, other than nationals of the United States,

shall, insofar as concerns laws regulating entry into and departure

from the United States, alien registration and fingerprinting, and

the registration of foreign agents, be entitled to the same

privileges, exemptions, and immunities as are accorded under

similar circumstances to officers and employees, respectively, of

foreign governments, and members of their families.

(b) Representatives of foreign governments in or to international

organizations and officers and employees of such organizations

shall be immune from suit and legal process relating to acts

performed by them in their official capacity and falling within

their functions as such representatives, officers, or employees

except insofar as such immunity may be waived by the foreign

government or international organization concerned.

-SOURCE-

(Dec. 29, 1945, ch. 652, title I, Sec. 7(a), (b), 59 Stat. 671.)

-End-

-CITE-

22 USC Sec. 288e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-HEAD-

Sec. 288e. Personnel entitled to benefits

-STATUTE-

(a) Notification to and acceptance by Secretary of State of

personnel

No person shall be entitled to the benefits of this subchapter,

unless he (1) shall have been duly notified to and accepted by the

Secretary of State as a representative, officer, or employee; or

(2) shall have been designated by the Secretary of State, prior to

formal notification and acceptance, as a prospective

representative, officer, or employee; or (3) is a member of the

family or suite, or servant, of one of the foregoing accepted or

designated representatives, officers, or employees.

(b) Deportation of undesirables

Should the Secretary of State determine that the continued

presence in the United States of any person entitled to the

benefits of this subchapter is not desirable, he shall so inform

the foreign government or international organization concerned, as

the case may be, and after such person shall have had a reasonable

length of time, to be determined by the Secretary of State, to

depart from the United States, he shall cease to be entitled to

such benefits.

(c) Extent of diplomatic status

No person shall, by reason of the provisions of this subchapter,

be considered as receiving diplomatic status or as receiving any of

the privileges incident thereto other than such as are specifically

set forth herein.

-SOURCE-

(Dec. 29, 1945, ch. 652, title I, Sec. 8, 59 Stat. 672.)

-End-

-CITE-

22 USC Sec. 288f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-HEAD-

Sec. 288f. Applicability of reciprocity laws

-STATUTE-

The privileges, exemptions, and immunities of international

organizations and of their officers and employees, and members of

their families, suites, and servants, provided for in this

subchapter, shall be granted notwithstanding the fact that the

similar privileges, exemptions, and immunities granted to a foreign

government, its officers, or employees, may be conditioned upon the

existence of reciprocity by that foreign government: Provided, That

nothing contained in this subchapter shall be construed as

precluding the Secretary of State from withdrawing the privileges,

exemptions, and immunities provided in this subchapter from persons

who are nationals of any foreign country on the ground that such

country is failing to accord corresponding privileges, exemptions,

and immunities to citizens of the United States.

-SOURCE-

(Dec. 29, 1945, ch. 652, title I, Sec. 9, 59 Stat. 673.)

-End-

-CITE-

22 USC Sec. 288f-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-HEAD-

Sec. 288f-1. European Space Agency and Organization of Eastern

Caribbean States; extension of privileges, exemptions, and

immunities to members

-STATUTE-

The provisions of this subchapter may be extended to the European

Space Agency and to the Organization of Eastern Caribbean States

(including any office established in the United States by that

organization) in the same manner, to the same extent, and subject

to the same conditions, as they may be extended to a public

international organization in which the United States participates

pursuant to any treaty or under the authority of any Act of

Congress authorizing such participation or making an appropriation

for such participation.

-SOURCE-

(Dec. 29, 1945, ch. 652, title I, Sec. 11, as added Pub. L. 89-353,

Feb. 2, 1966, 80 Stat. 5; amended Pub. L. 98-164, title I, Sec.

120, Nov. 22, 1983, 97 Stat. 1023; Pub. L. 100-362, July 6, 1988,

102 Stat. 819.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-362 inserted "and to the Organization of

Eastern Caribbean States (including any office established in the

United States by that organization)" after "European Space Agency".

1983 - Pub. L. 98-164 substituted "Space Agency" for "Space

Research Organization".

-EXEC-

EXECUTIVE ORDER

For executive orders relating to extension of certain privileges,

exemptions, and immunities to public international organizations,

see notes set out under section 288 of this title.

-End-

-CITE-

22 USC Sec. 288f-2 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-HEAD-

Sec. 288f-2. Organization of African Unity; extension of

privileges, exemptions, and immunities

-STATUTE-

The provisions of this subchapter may be extended to the

Organization of African Unity and may continue to be extended to

the International Labor Organization and the United Nations

Industrial Development Organization in the same manner, to the same

extent, and subject to the same conditions, as they may be extended

to a public international organization in which the United States

participates pursuant to any treaty or under the authority of any

Act of Congress authorizing such participation or making an

appropriation for such participation.

-SOURCE-

(Dec. 29, 1945, ch. 652, title I, Sec. 12, as added Pub. L. 93-161,

Nov. 27, 1973, 87 Stat. 635; amended Pub. L. 96-60, title IV, Sec.

404, Aug. 15, 1979, 93 Stat. 403; Pub. L. 105-277, div. A, Sec.

101(b) [title IV, Sec. 406], Oct. 21, 1998, 112 Stat. 2681-50,

2681-101.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277 inserted "and the United Nations

Industrial Development Organization" after "International Labor

Organization".

1979 - Pub. L. 96-60 authorized continuation of extension of

privileges and immunities provisions to International Labor

Organization.

-EXEC-

EXECUTIVE ORDER

For executive orders relating to extension of certain privileges,

exemptions, and immunities to public international organizations,

see notes set out under section 288 of this title.

-End-

-CITE-

22 USC Sec. 288f-3 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-HEAD-

Sec. 288f-3. Immunities for International Committee of the Red

Cross

-STATUTE-

The International Committee of the Red Cross, in view of its

unique status as an impartial humanitarian body named in the Geneva

Conventions of 1949 and assisting in their implementation, shall be

considered to be an international organization for the purposes of

this subchapter and may be extended the provisions of this

subchapter in the same manner, to the same extent, and subject to

the same conditions, as such provisions may be extended to a public

international organization in which the United States participates

pursuant to any treaty or under the authority of any Act of

Congress authorizing such participation or making an appropriation

for such participation.

-SOURCE-

(Dec. 29, 1945, ch. 652, title I, Sec. 13, as added Pub. L.

100-204, title VII, Sec. 743, Dec. 22, 1987, 101 Stat. 1395.)

-EXEC-

EXECUTIVE ORDER

For executive orders relating to extension of certain privileges,

exemptions, and immunities to public international organizations,

see notes set out under section 288 of this title.

-End-

-CITE-

22 USC Sec. 288f-4 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-HEAD-

Sec. 288f-4. International Union for Conservation of Nature and

Natural Resources; extension of privileges, exemptions, and

immunities

-STATUTE-

The International Union for Conservation of Nature and Natural

Resources shall be considered to be an international organization

for the purposes of this subchapter and may be extended the

provisions of this subchapter in the same manner, to the same

extent, and subject to the same conditions, as such provisions may

be extended to a public international organization in which the

United States participates pursuant to any treaty or under the

authority of any Act of Congress authorizing such participation or

making an appropriation for such participation.

-SOURCE-

(Dec. 29, 1945, ch. 652, title I, Sec. 14, as added Pub. L.

103-236, title IV, Sec. 426, Apr. 30, 1994, 108 Stat. 458.)

-End-

-CITE-

22 USC Sec. 288f-5 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-HEAD-

Sec. 288f-5. European Central Bank; extension of privileges,

exemptions, and immunities

-STATUTE-

The provisions of this subchapter may be extended to the European

Central Bank in the same manner, to the same extent, and subject to

the same conditions, as they may be extended to a public

international organization in which the United States participates

pursuant to any treaty or under the authority of any Act of

Congress authorizing such participation or making an appropriation

for such participation.

-SOURCE-

(Dec. 29, 1945, ch. 652, title I, Sec. 15, as added Pub. L.

107-278, Sec. 1, Nov. 5, 2002, 116 Stat. 1939.)

-End-

-CITE-

22 USC Sec. 288g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-HEAD-

Sec. 288g. Organization of American States; extension of privileges

and immunities to members

-STATUTE-

Under such terms and conditions as he shall determine, the

President is hereby authorized to extend, or to enter into an

agreement extending, to the representatives of member states (other

than the United States) to the Organization of American States and

to permanent observers to the Organization of American States, and

to members of the staffs of said representatives and permanent

observers, the same privileges and immunities, subject to

corresponding conditions and obligations, as are enjoyed by

diplomatic envoys accredited to the United States.

-SOURCE-

(July 10, 1952, ch. 628, 66 Stat. 516; Pub. L. 93-149, Sec. 1(b),

Nov. 7, 1973, 87 Stat. 560.)

-COD-

CODIFICATION

Section was not enacted as part of the International

Organizations Immunities Act which comprises this subchapter.

-MISC1-

AMENDMENTS

1973 - Pub. L. 93-149 substituted provisions extending diplomatic

privileges and immunities to representatives of member states to

the Organization of American States, to permanent observers to the

Organization of American States, and to member of staff of such

representatives and permanent observers, for provisions extending

such privileges and immunities to representatives of member states

on the Council of the Organization of American State and members of

their staff.

-EXEC-

EX. ORD. NO. 11931. EXTENSION OF DIPLOMATIC PRIVILEGES AND

IMMUNITIES TO PERMANENT OBSERVERS TO ORGANIZATION OF AMERICAN

STATES

Ex. Ord. No. 11931, Aug. 3, 1976, 41 F.R. 32689, provided:

By virtue of the authority vested in me by the Act of November 7,

1973 (87 Stat. 560; 22 U.S.C. 288g), and as President of the United

States of America, I extend to Permanent Observers to the

Organization of American States, and to the members of the

diplomatic staffs of such Permanent Observers, the same privileges

and immunities, subject to corresponding conditions and

obligations, as are enjoyed by diplomatic envoys accredited to the

United States.

This Executive order shall be effective as of November 7, 1973.

The enjoyment of privileges and immunities extended hereunder shall

be subject to any Agreements entered into between the Government of

the United States and the Organization of American States after

that date.

Gerald R. Ford.

-End-

-CITE-

22 USC Sec. 288h 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-HEAD-

Sec. 288h. Commission of European Communities; extension of

privileges and immunities to members

-STATUTE-

Under such terms and conditions as he shall determine and

consonant with the purposes of this section, the President is

authorized to extend, or to enter into an agreement extending, to

the Mission to the United States of America of the Commission of

the European Communities, and to members thereof, the same

privileges and immunities subject to corresponding conditions and

obligations as are enjoyed by diplomatic missions accredited to the

United States and by members thereof. Under such terms and

conditions as the President may determine, the President is

authorized to extend to other offices of the Commission of the

European Communities which are established in the United States,

and to members thereof -

(1) the privileges and immunities described in the preceding

sentence; or

(2) as appropriate for the functioning of a particular office,

privileges and immunities, equivalent to those accorded consular

premises, consular officers, and consular employees, pursuant to

the Vienna Convention on Consular Relations.

-SOURCE-

(Pub. L. 92-499, Oct. 18, 1972, 86 Stat. 815; Pub. L. 100-204,

title VII, Sec. 741, Dec. 22, 1987, 101 Stat. 1394.)

-COD-

CODIFICATION

Section was not enacted as part of the International

Organizations Immunities Act which comprises this subchapter.

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-204 inserted sentence at end.

-EXEC-

EX. ORD. NO. 12651. OFFICES OF THE COMMISSION OF THE EUROPEAN

COMMUNITIES

Ex. Ord. No. 12651, Sept. 9, 1988, 53 F.R. 35287, provided:

By virtue of the authority vested in me as President by the

Constitution and laws of the United States of America, and the Act

to extend diplomatic privileges and immunities to the Mission to

the United States of America of the Commission of the European

Communities and the members thereof, 22 U.S.C. Sec. 288h, I hereby

extend to the Permanent Observer Mission of the Delegation of the

Commission of the European Communities to the United Nations the

same privileges and immunities as are accorded to permanent

observer missions of states to the United Nations. I also hereby

extend to the members of the diplomatic staff of that mission

assigned to New York to observe the work of the United Nations and

duly notified to the United States Government and the United

Nations in that capacity, and to their families, the same

privileges and immunities, subject to corresponding conditions and

obligations, as are accorded to members of the diplomatic staff of

missions accredited to the United Nations.

Pursuant to the same authority, I also hereby extend to the West

Coast Office of the Delegation of the Commission of the European

Communities and to the officers and employees of that mission

assigned to San Francisco to represent the Commission to the

Government of the United States and duly notified to and accepted

by the Secretary of State, and to their families, the privileges

and immunities, subject to corresponding conditions and

obligations, substantively equivalent to those accorded consular

premises, consular officers, and consular employees pursuant to the

Vienna Convention on Consular Relations. For the purpose of

extending privileges and immunities to the West Coast Office of the

Delegation of the Commission of the European Communities, its

official functions shall consist in:

(a) protecting in the United States the interests of the European

Communities within the limits permitted by domestic and

international law;

(b) furthering the development of commercial, economic, cultural,

and scientific relations between the European Communities and the

United States and otherwise promoting friendly relations between

them;

(c) ascertaining by all lawful means conditions and developments

in the commercial, economic, cultural, and scientific life of the

United States, reporting thereon to the European Communities and

giving information to persons interested.

Pursuant to the same authority, I also hereby extend to the

members of the administrative and technical staff and members of

the service staff of the Delegation of the Commission of the

European Communities assigned to Washington to represent the

Commission to the Government of the United States and duly notified

to and accepted by the Secretary of State, and to their families,

the same privileges and immunities, subject to corresponding

conditions and obligations, as are enjoyed by members of the

administrative and technical staff and members of the service staff

of diplomatic missions accredited to the United States.

This order is not intended to abridge in any respect privileges,

exemptions or immunities that the Delegation of the Commission of

the European Communities may have acquired or may acquire by

international agreements or by Congressional action.

Ronald Reagan.

EX. ORD. NO. 11689. PRESIDENTIAL EXTENSION OF DIPLOMATIC PRIVILEGES

AND IMMUNITIES

Ex. Ord. No. 11689, Dec. 5, 1972, 37 F.R. 25987, provided:

By virtue of the authority vested in me by the Act of October 18,

1972 (Public Law 92-499) [this section], and as President of the

United States, I hereby extend to the Mission to the United States

of America of the Commission of the European Communities, and to

the officers of that Mission assigned to Washington to represent

the Commission to the Government of the United States and duly

notified to and accepted by the Secretary of State, and to their

families, the same privileges and immunities, subject to

corresponding conditions and obligations, as are enjoyed by

diplomatic missions accredited to the United States and by members

of the diplomatic staffs thereof.

Richard Nixon.

-End-

-CITE-

22 USC Sec. 288i 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-HEAD-

Sec. 288i. Liaison Office of the People's Republic of China;

extension of privileges and immunities to members

-STATUTE-

Under such terms and conditions as he shall determine and

consonant with the purposes of this section, the President is

authorized to extend to the Liaison Office of the People's Republic

of China in Washington and to the members thereof the same

privileges and immunities subject to corresponding conditions and

obligations as are enjoyed by diplomatic missions accredited to the

United States and by members thereof.

-SOURCE-

(Pub. L. 93-22, Apr. 20, 1973, 87 Stat. 24.)

-COD-

CODIFICATION

Section was not enacted as part of the International

Organizations Immunities Act which comprises this subchapter.

-EXEC-

EXECUTIVE ORDER NO. 11771

Ex. Ord. No. 11771, Mar. 18, 1974, 39 F.R. 10415, which extended

diplomatic privileges and immunities to the Liaison Office of the

People's Republic of China in Washington, D.C., was revoked by Ex.

Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

-End-

-CITE-

22 USC Sec. 288j 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-HEAD-

Sec. 288j. International Development Law Institute

-STATUTE-

For purposes of the International Organizations Immunities Act

(22 U.S.C. 288 and following), the International Development Law

Institute shall be considered to be a public international

organization in which the United States participates under the

authority of an Act of Congress authorizing such participation.

-SOURCE-

(Pub. L. 102-511, title VIII, Sec. 805, Oct. 24, 1992, 106 Stat.

3353.)

-REFTEXT-

REFERENCES IN TEXT

The International Organizations Immunities Act, referred to in

text, is title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, as

amended, which is classified principally to this subchapter. For

complete classification of this Act to the Code, see Short Title

note set out under section 288 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Freedom for Russia and

Emerging Eurasian Democracies and Open Markets Support Act of 1992,

also known as the FREEDOM Support Act, and not as part of the

International Organizations Immunities Act which comprises this

subchapter.

-End-

-CITE-

22 USC Sec. 288k 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XVIII - PRIVILEGES AND IMMUNITIES OF INTERNATIONAL

ORGANIZATIONS

-HEAD-

Sec. 288k. Extension of certain privileges, exemptions, and

immunities to Hong Kong Economic and Trade Offices

-STATUTE-

(a) Application of International Organizations Immunities Act

The provisions of the International Organizations Immunities Act

(22 U.S.C. 288 et seq.) may be extended to the Hong Kong Economic

and Trade Offices in the same manner, to the same extent, and

subject to the same conditions as such provisions may be extended

to a public international organization in which the United States

participates pursuant to any treaty or under the authority of any

Act of Congress authorizing such participation or making an

appropriation for such participation.

(b) Application of international agreement on certain State and

local taxation

The President is authorized to apply the provisions of Article I

of the Agreement on State and Local Taxation of Foreign Employees

of Public International Organizations, done at Washington on April

21, 1994, to the Hong Kong Economic and Trade Offices.

(c) "Hong Kong Economic and Trade Offices" defined

The term "Hong Kong Economic and Trade Offices" refers to Hong

Kong's official economic and trade missions in the United States.

-SOURCE-

(Pub. L. 105-22, Sec. 1, June 27, 1997, 111 Stat. 236.)

-REFTEXT-

REFERENCES IN TEXT

The International Organizations Immunities Act, referred to in

subsec. (a), is title I of act Dec. 29, 1945, ch. 652, 59 Stat.

669, as amended, which is classified principally to this

subchapter. For complete classification of this Act to the Code,

see Short Title note set out under section 288 of this title and

Tables.

-COD-

CODIFICATION

Section was not enacted as part of the International

Organizations Immunities Act which comprises this subchapter.

-End-

-CITE-

22 USC SUBCHAPTER XIX - INTERNATIONAL REFUGEE

ORGANIZATION 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XIX - INTERNATIONAL REFUGEE ORGANIZATION

-HEAD-

SUBCHAPTER XIX - INTERNATIONAL REFUGEE ORGANIZATION

-End-

-CITE-

22 USC Sec. 289 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XIX - INTERNATIONAL REFUGEE ORGANIZATION

-HEAD-

Sec. 289. Acceptance of membership by the United States; conditions

-STATUTE-

The President is hereby authorized to accept membership for the

United States in the International Refugee Organization

(hereinafter referred to as the "Organization"), the constitution

of which was approved in New York on December 15, 1946, by the

General Assembly of the United Nations, and deposited in the

archives of the United Nations: Provided, however, That this

authority is granted and the approval of the Congress of the

acceptance of membership of the United States in the International

Refugee Organization is given upon condition and with the

reservation that no agreement shall be concluded on behalf of the

United States and no action shall be taken by any officer, agency,

or any other person and acceptance of the constitution of the

Organization by or on behalf of the Government of the United States

shall not constitute or authorize action (1) whereby any person

shall be admitted to or settled or resettled in the United States

or any of its Territories or possessions without prior approval

thereof by the Congress, and this subchapter shall not be construed

as such prior approval, or (2) which will have the effect of

abrogating, suspending, modifying, adding to, or superseding any of

the immigration laws or any other laws of the United States.

-SOURCE-

(July 1, 1947, ch. 185, Sec. 1, 61 Stat. 214.)

-REFTEXT-

REFERENCES IN TEXT

The immigration laws, referred to in text, are classified

generally to Title 8, Aliens and Nationality. See also section

1101(a)(17) of Title 8.

-End-

-CITE-

22 USC Sec. 289a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XIX - INTERNATIONAL REFUGEE ORGANIZATION

-HEAD-

Sec. 289a. Designation of representative and alternates;

compensation

-STATUTE-

The President shall designate from time to time a representative

of the United States and not to exceed two alternates to attend a

specified session or specified sessions of the general council of

the Organization. Whenever the United States is elected to

membership on the executive committee, the President shall

designate from time to time, either from among the aforesaid

representative and alternates or otherwise, a representative of the

United States and not to exceed one alternate to attend sessions of

the executive committee. Such representative or representatives

shall each be entitled to receive compensation at a rate not to

exceed $12,000 per annum, and any such alternate shall be entitled

to receive compensation at a rate not to exceed $10,000 per annum,

for such period or periods as the President may specify, except

that no Member of the Senate or House of Representatives or officer

of the United States who is designated as such a representative

shall be entitled to receive such compensation.

-SOURCE-

(July 1, 1947, ch. 185, Sec. 2, 61 Stat. 215.)

-End-

-CITE-

22 USC Sec. 289b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XIX - INTERNATIONAL REFUGEE ORGANIZATION

-HEAD-

Sec. 289b. Authorization of appropriations; payment of salaries and

expenses

-STATUTE-

There is hereby authorized to be appropriated annually to the

Department of State -

(a) such sums, not to exceed $73,325,000 for the fiscal year

beginning July 1, 1947, as may be necessary for the payment of

United States contributions to the Organization (consisting of

supplies, services, or funds and all necessary expenses related

thereto) as determined in accordance with article 10 of the

constitution of the Organization; and

(b) such sums, not to exceed $175,000 for the fiscal year

beginning July 1, 1947, as may be necessary for the payment of -

(1) salaries of the representative or representatives and

alternates provided for in section 289a of this title, and

appropriate staff, including personal services in the District

of Columbia and elsewhere, without regard to the civil-service

laws and chapter 51 and subchapter III of chapter 53 of title

5; and

(2) such other expenses as the Secretary of State deems

necessary to participation by the United States in the

activities of the Organization; Provided, That the provisions

of section 287e of this title and regulations thereunder,

applicable to expenses incurred pursuant to subchapter XVI of

this chapter shall be applicable to any expenses incurred

pursuant to this chapter.

-SOURCE-

(July 1, 1947, ch. 185, Sec. 3, 61 Stat. 215; Oct. 28, 1949, ch.

782, title II, Sec. 202(2), title XI, Sec. 1106(a), 63 Stat. 954,

972.)

-REFTEXT-

REFERENCES IN TEXT

The civil-service laws, referred to in subsec. (b)(1), are set

forth in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

Subchapter XVI [Sec. 287 et seq.] of this chapter, referred to in

subsec. (b)(2), was in the original a reference to the United

Nations Participation Act of 1945.

-COD-

CODIFICATION

In subsec. (b)(1), "chapter 51 and subchapter III of chapter 53

of title 5" substituted for "the Classification Act of 1949" on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

-MISC1-

AMENDMENTS

1949 - Subsec. (b)(1). Act Oct. 28, 1949, substituted

"Classification Act of 1949" for "Classification Act of 1923".

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 289c of this title.

-End-

-CITE-

22 USC Sec. 289c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XIX - INTERNATIONAL REFUGEE ORGANIZATION

-HEAD-

Sec. 289c. Transfer of funds; furnishing supplies and services;

accounting for reimbursements

-STATUTE-

(a) Sums from the appropriations made pursuant to subsection (a)

of section 289b of this title may be transferred to any department,

agency, or independent establishment of the Government to carry out

the purposes of such subsection, and such sums shall be available

for obligation and expenditure in accordance with the laws

governing obligations and expenditures of the department, agency,

independent establishment, or organizational unit thereof

concerned, and without regard to section 3324(a) and (b) of title

31 and section 5 of title 41.

(b) Upon request of the Organization, any department, agency, or

independent establishment of the Government (upon receipt of

advancements or reimbursements for the cost and necessary expenses)

may furnish supplies, or if advancements are made may procure and

furnish supplies, and may furnish or procure and furnish services,

to the Organization. When reimbursement is made it shall be

credited, at the option of the department, agency, or independent

establishment concerned, either to the appropriation, fund, or

account utilized in incurring the obligation, or to an appropriate

appropriation fund, or account which is current at the time of such

reimbursement.

-SOURCE-

(July 1, 1947, ch. 185, Sec. 4, 61 Stat. 215; Pub. L. 89-554, Sec.

8(a), Sept. 6, 1966, 80 Stat. 654.)

-COD-

CODIFICATION

In subsec. (a), "section 3324(a) and (b) of title 31" substituted

for reference to section 3648 of the Revised Statutes, as amended

(U.S.C. 1940 edition, title 31, sec. 529) on authority of Pub. L.

97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section

of which enacted Title 31, Money and Finance.

-MISC1-

AMENDMENTS

1966 - Subsec. (b). Pub. L. 89-554 struck out proviso which

excepted certain personnel from the ceiling imposed by section 947

of former title 5.

-End-

-CITE-

22 USC Sec. 289d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XIX - INTERNATIONAL REFUGEE ORGANIZATION

-HEAD-

Sec. 289d. Omitted

-COD-

CODIFICATION

Section, act July 1, 1947, ch. 185, Sec. 5, 61 Stat. 216,

authorized appropriations in the form of advance contributions to

the Preparatory Commission of the Organization during the interim

period between July 1, 1947 and the coming into force of the

constitution of the Organization.

-End-

-CITE-

22 USC SUBCHAPTER XX - WORLD HEALTH ORGANIZATION 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XX - WORLD HEALTH ORGANIZATION

-HEAD-

SUBCHAPTER XX - WORLD HEALTH ORGANIZATION

-End-

-CITE-

22 USC Sec. 290 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XX - WORLD HEALTH ORGANIZATION

-HEAD-

Sec. 290. Acceptance of membership by the United States

-STATUTE-

The President is hereby authorized to accept membership for the

United States in the World Health Organization (hereinafter

referred to as the Organization), the constitution of which was

adopted in New York on July 22, 1946, by the International Health

Conference for the establishment of an International Health

Organization, and deposited in the archives of the United Nations.

-SOURCE-

(June 14, 1948, ch. 469, Sec. 1, 62 Stat. 441.)

-MISC1-

INTERNATIONAL HEALTH ADMINISTRATION

Ex. Ord. No. 10399, Sept. 29, 1952, 17 F.R. 8648, designated

Surgeon General to perform certain duties under International

Sanitary Regulations of World Health Organization.

-End-

-CITE-

22 USC Sec. 290a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XX - WORLD HEALTH ORGANIZATION

-HEAD-

Sec. 290a. Designation of representatives and alternates;

compensation; loyalty checkup

-STATUTE-

The President shall designate from time to time to attend a

specified session or specified sessions of the World Health

Assembly of the Organization not to exceed three delegates of the

United States and such number of alternates as he may determine

consistent with the rules of procedure of the World Health

Assembly. One of the delegates shall be designated as the chief

delegate. Whenever the United States becomes entitled to designate

a person to serve on the Executive Board of the Organization, under

article 24 of the constitution of the Organization, the President

shall designate a representative of the United States, by and with

the advice and consent of the Senate, and may designate not to

exceed one alternate to attend sessions of the Executive Board.

Such representative must be a graduate of a recognized medical

school and have spent not less than three years in active practice

as a physician or surgeon. Such representative and any such

alternate shall each be entitled to receive compensation at one of

the rates established under section 3962 or 3963 of this title, for

such period or periods as the President may specify, except that no

Member of the Senate or House of Representatives or officer of the

United States who is thus designated shall be entitled to receive

such compensation: Provided, That no person shall serve as such

representative, delegate, or alternate until such person has been

investigated as to loyalty and security by the Director of the

Office of Personnel Management.

-SOURCE-

(June 14, 1948, ch. 469, Sec. 2, 62 Stat. 441; Apr. 5, 1952, ch.

159, Sec. 1, 66 Stat. 43; Pub. L. 87-793, Sec. 1001(i), Oct. 11,

1962, 76 Stat. 865; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1,

1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96-465, title II, Sec.

2206(a)(4), Oct. 17, 1980, 94 Stat. 2161.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-465 substituted "established under section 3962

or 3963 of this title" for "provided by section 867 of this

title,".

1962 - Pub. L. 87-793 substituted "Such representative and any

such alternate shall each be entitled to receive compensation at

one of the rates provided by section 867 of this title" for "Such

representative shall be entitled to receive compensation at a rate

not to exceed $12,000 per annum and any such alternate shall be

entitled to receive compensation at a rate not to exceed $10,000

per annum."

1952 - Act Apr. 5, 1952, substituted "Civil Service Commission"

for "Federal Bureau of Investigation".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of this title.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-793 effective on first day of first pay

period which begins on or after Oct. 11, 1962, see section 1008 of

Pub. L. 87-793.

-TRANS-

TRANSFER OF FUNCTIONS

"Director of the Office of Personnel Management" substituted in

text for "Civil Service Commission" pursuant to Reorg. Plan No. 2

of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under

section 1101 of Title 5, Government Organization and Employees,

which transferred functions vested by statute in Civil Service

Commission to Director of Office of Personnel Management (except as

otherwise specified), effective Jan. 1, 1979, as provided by

section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055,

set out under section 1101 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 290b of this title; title

5 section 1304.

-End-

-CITE-

22 USC Sec. 290b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XX - WORLD HEALTH ORGANIZATION

-HEAD-

Sec. 290b. Authorization of appropriations; payment of salaries and

expenses

-STATUTE-

There are hereby authorized to be appropriated to the Department

of State for contribution to the working capital fund of the

organization the sum of $560,000 and as annual appropriations the

following:

(a) such sums as may be necessary for the payment by the United

States of its share of the expenses of the Organization as

apportioned by the Health Assembly in accordance with article 56

of the constitution of the Organization, except that payments by

the United States for any fiscal year of the Organization after

1958 shall not exceed 33 1/3 per centum of the total assessments

of active members of the Organization for such fiscal year; and

(b) such additional sums, not to exceed $83,000 for the fiscal

year beginning July 1, 1947, as may be necessary to pay the

expenses incident to participation by the United States in the

activities of the Organization, including -

(1) salaries of the representative and alternate provided for

in section 290a of this title, and appropriate staff, including

personal services in the District of Columbia and elsewhere,

without regard to the civil-service laws and chapter 51 and

subchapter III of chapter 53 of title 5; services as authorized

by section 3109 of title 5; under such rules and regulations as

the Secretary of State may prescribe, allowances for living

quarters, including heat, fuel, and light and cost of living

allowances to persons temporarily stationed abroad; printing

and binding without regard to section 501 of title 44 and

section 5 of title 41; and

(2) such other expenses as the Secretary of State deems

necessary to participation by the United States in the

activities of the Organization: Provided, That the provisions

of section 287r of this title, and regulations thereunder,

applicable to expenses incurred pursuant to subchapter XVII of

this chapter shall be applicable to any expenses incurred

pursuant to this paragraph.

-SOURCE-

(June 14, 1948, ch. 469, Sec. 3, 62 Stat. 441; Oct. 28, 1949, ch.

782, title II, Sec. 202(2), title XI, Sec. 1106(a), 63 Stat. 954,

972; Sept. 21, 1950, ch. 976, Sec. 1(d), 64 Stat. 902; Aug. 26,

1954, ch. 937, title IV, Sec. 419, as added July 8, 1955, ch. 301,

Sec. 8(j), 69 Stat. 288.)

-REFTEXT-

REFERENCES IN TEXT

The civil-service laws, referred to in subsec. (b)(1), are set

forth in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

Subchapter XVII [Sec. 287m et seq.] of this chapter, referred to

in subsec. (b)(2), was in the original a reference to the Act of

July 30, 1946, Public Law 565, Seventy-ninth Congress.

-COD-

CODIFICATION

In subsec. (b)(1), "chapter 51 and subchapter III of chapter 53

of title 5" and "section 3109 of title 5" substituted for "the

Classification Act of 1949" and "section 15 of Public Law 600,

Seventy-ninth Congress [5 U.S.C. 55a]", respectively, on authority

of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the

first section of which enacted Title 5, Government Organization and

Employees.

"Section 501 of title 44" substituted for "section 11 of the Act

of March 1, 1919 (44 U.S.C. 111)" on authority of Pub. L. 90-620,

Sec. 2(b), Oct. 22, 1968, 82 Stat. 1305, the first section of which

enacted Title 44, Public Printing and Documents.

-MISC1-

AMENDMENTS

1955 - Subsec. (a). Act July 8, 1955, removed limitation of

$3,000,000 which may be appropriated annually, and limited payments

by United States to not more than 33 1/3 per centum of total

assessments.

1950 - Opening par. amended by Joint Res. Sept. 21, 1950, Sec.

1(d)(1), to provide for a contribution of $560,000 to working

capital fund.

Subsec. (a). Joint Res. Sept. 21, 1950, Sec. 1(d)(2), increased

authorized annual appropriation from $1,920,000 to $3,000,000.

1949 - Subsec. (b)(1). Act Oct. 28, 1949, substituted

"Classification Act of 1949" for "Classification Act of 1923".

REPEALS

Pub. L. 85-141, Sec. 8(n), Aug. 14, 1957, 71 Stat. 362, repealed

section 419 of act Aug. 26, 1954, cited as a credit to this

section, except insofar as section 419 affected this section.

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

ANNUAL APPROPRIATIONS

Annual appropriations to meet the obligations of membership in

various international organizations were contained in acts listed

in a note set out under section 269a of this title.

LIMITATION OF CONTRIBUTIONS

Contributions by United States, except for special projects,

limited to amount provided by Joint Res. Sept. 21, 1950; consent by

State Department and reports to Congress, see section 262a of this

title.

-End-

-CITE-

22 USC Sec. 290c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XX - WORLD HEALTH ORGANIZATION

-HEAD-

Sec. 290c. Withdrawal from Organization on one-year notice

-STATUTE-

In adopting this subchapter the Congress does so with the

understanding that, in the absence of any provision in the World

Health Organization Constitution for withdrawal from the

Organization, the United States reserves its right to withdraw from

the Organization on a one-year notice: Provided, however, That the

financial obligations of the United States to the Organization

shall be met in full for the Organization's current fiscal year.

-SOURCE-

(June 14, 1948, ch. 469, Sec. 4, 62 Stat. 442.)

-End-

-CITE-

22 USC Sec. 290d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XX - WORLD HEALTH ORGANIZATION

-HEAD-

Sec. 290d. Enactment of specific legislation by Congress

-STATUTE-

In adopting this subchapter, the Congress does so with the

understanding that nothing in the Constitution of the World Health

Organization in any manner commits the United States to enact any

specific legislative program regarding any matters referred to in

said Constitution.

-SOURCE-

(June 14, 1948, ch. 469, Sec. 5, 62 Stat. 442.)

-End-

-CITE-

22 USC Sec. 290e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XX - WORLD HEALTH ORGANIZATION

-HEAD-

Sec. 290e. Congressional declaration of policy

-STATUTE-

The Congress of the United States, recognizing that the diseases

of mankind, because of their widespread prevalence, debilitating

effects, and heavy toll in human life, constitute a major deterrent

to the efforts of many peoples to develop their economic resources

and productive capacities, and to improve their living conditions,

declares it to be the policy of the United States to continue and

strengthen mutual efforts among the nations for research against

diseases such as heart disease and cancer. In furtherance of this

policy, the Congress invites the World Health Organization to

initiate studies looking toward the strengthening of research and

related programs against these and other diseases common to mankind

or unique to individual regions of the globe.

-SOURCE-

(June 14, 1948, ch. 469, Sec. 6, as added Pub. L. 85-477, ch. V,

Sec. 502(m), June 30, 1958, 72 Stat. 275.)

-End-

-CITE-

22 USC Sec. 290e-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XX - WORLD HEALTH ORGANIZATION

-HEAD-

Sec. 290e-1. International Agency for Research on Cancer;

authorization of appropriations; limitation

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary for the annual payment by the United States of its

share of the expenses of the International Agency for Research on

Cancer as determined in accordance with article VIII of the Statute

of the International Agency for Research on Cancer, except that in

no event shall that payment for any year exceed 16 per centum of

all contributions assessed Participating Members of the Agency for

that year.

-SOURCE-

(Pub. L. 92-494, Oct. 14, 1972, 86 Stat. 811.)

-End-

-CITE-

22 USC SUBCHAPTER XXI - INTER-AMERICAN FOUNDATION 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXI - INTER-AMERICAN FOUNDATION

-HEAD-

SUBCHAPTER XXI - INTER-AMERICAN FOUNDATION

-End-

-CITE-

22 USC Sec. 290f 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXI - INTER-AMERICAN FOUNDATION

-HEAD-

Sec. 290f. Inter-American Foundation

-STATUTE-

(a) Establishment

There is created as an agency of the United States of America a

body corporate to be known as the Inter-American Foundation

(hereinafter in this section referred to as the "Foundation").

(b) Congressional declaration of purpose

The future of freedom, security, and economic development in the

Western Hemisphere rests on the realization that man is the

foundation of all human progress. It is the purpose of this section

to provide support for developmental activities designed to achieve

conditions in the Western Hemisphere under which the dignity and

the worth of each human person will be respected and under which

all men will be afforded the opportunity to develop their

potential, to seek through gainful and productive work the

fulfillment of their aspirations for a better life, and to live in

justice and peace. To this end, it shall be the purpose of the

Foundation, primarily in cooperation with private, regional, and

international organizations, to -

(1) strengthen the bonds of friendship and understanding among

the peoples of this hemisphere;

(2) support self-help efforts designed to enlarge the

opportunities for individual development;

(3) stimulate and assist effective and ever wider participation

of the people in the development process;

(4) encourage the establishment and growth of democratic

institutions, private and governmental, appropriate to the

requirements of the individual sovereign nations of this

hemisphere.

In pursuing these purposes, the Foundation shall place primary

emphasis on the enlargement of educational opportunities at all

levels, the production of food and the development of agriculture,

and the improvement of environmental conditions relating to health,

maternal and child care, family planning, housing, free trade union

development, and other social and economic needs of the people.

(c) Programs and projects to achieve purposes

The Foundation shall carry out the purposes set forth in

subsection (b) of this section primarily through and with private

organizations, individuals, and international organizations by

undertaking or sponsoring appropriate research and by planning,

initiating, assisting, financing, administering, and executing

programs and projects designed to promote the achievement of such

purposes.

(d) Coordination of activities with national and international

agencies

In carrying out its functions under this section, the Foundation

shall, to the maximum extent possible, coordinate its undertakings

with the developmental activities in the Western Hemisphere of the

various organs of the Organization of American States, the United

States Government, international organizations, and other entities

engaged in promoting social and economic development of Latin

America.

(e) Powers and functions

The Foundation, as a corporation -

(1) shall have perpetual succession unless sooner dissolved by

an Act of Congress;

(2) may adopt, alter, and use a corporate seal, which shall be

judicially noticed;

(3) may make and perform contracts and other agreements with

any individual, corporation, or other body of persons however

designated whether within or without the United States of

America, and with any government or governmental agency, domestic

or foreign;

(4) shall determine and prescribe the manner in which its

obligations shall be incurred and its expenses, including

expenses for representation (not to exceed $10,000 in any fiscal

year), allowed and paid;

(5) may, as necessary for the transaction of the business of

the Foundation, employ and fix the compensation of not to exceed

one hundred persons at any one time;

(6) may acquire by purchase, devise, bequest, or gift, or

otherwise lease, hold, and improve, such real and personal

property as it finds to be necessary to its purposes, whether

within or without the United States, and in any manner dispose of

all such real and personal property held by it and use as general

funds all receipts arising from the disposition of such property;

(7) shall be entitled to the use of the United States mails in

the same manner and on the same conditions as the executive

departments of the Government;

(8) may, with the consent of any board, corporation,

commission, independent establishment, or executive department of

the Government, including any field service thereof, avail itself

of the use of information, services, facilities, officers, and

employees thereof in carrying out the provisions of this section;

(9) may accept money, funds, property, and services of every

kind by gift, device,(!1) bequest, grant, or otherwise, and make

advances, grants, and loans to any individual, corporation, or

other body of persons, whether within or without the United

States of America, or to any government or governmental agency,

domestic or foreign, when deemed advisable by the Foundation in

furtherance of its purposes;

(10) may sue and be sued, complain, and defend, in its

corporate name in any court of competent jurisdiction; and

(11) shall have such other powers as may be necessary and

incident to carrying out its powers and duties under this

section.

(f) Disposal of assets on liquidation

Upon termination of the corporate life of the Foundation all of

its assets shall be liquidated and, unless otherwise provided by

Congress, shall be transferred to the United States Treasury as the

property of the United States.

(g) Board of directors; number, term, and appointment

The management of the Foundation shall be vested in a board of

directors (hereafter in this section referred to as the "Board")

composed of nine members appointed by the President, by and with

the advice and consent of the Senate, one of whom he shall

designate to serve as Chairman of the Board and one of whom he

shall designate to serve as Vice Chairman of the Board. Six members

of the Board shall be appointed from private life. Three members of

the Board shall be appointed from among officers or employees of

agencies of the United States concerned with inter-American

affairs. Members of the Board shall be appointed for terms of six

years, except that of the members first appointed two shall be

appointed for terms of two years and two shall be appointed for

terms of four years, as designated by the President at the time of

their appointment. A member of the Board appointed to fill a

vacancy occurring prior to the expiration of the term for which his

predecessor was appointed shall be appointed only for the remainder

of such term; but upon the expiration of his term of office a

member shall continue to serve until his successor is appointed and

shall have qualified. Members of the Board shall be eligible for

reappointment. All individuals appointed to the Board shall possess

an understanding of and sensitivity to community level development

processes. No more than 5 members of the Board may be members of

any one political party.

(h) Reimbursement of expenses

Members of the Board shall serve without additional compensation,

but shall be reimbursed for travel expenses, including per diem in

lieu of subsistence, in accordance with section 5703 of title 5,

while engaged in their duties on behalf of the corporation.

(i) Board; authority

The Board shall direct the exercise of all the powers of the

Foundation.

(j) Rules and regulations; quorum of the Board

The Board may prescribe, amend, and repeal bylaws, rules, and

regulations governing the manner in which the business of the

Foundation may be conducted and in which the powers granted to it

by law may be exercised and enjoyed. A majority of the Board shall

be required as a quorum.

(k) Authority of the Board to appoint committees

In furtherance and not in limitation of the powers conferred upon

it, the Board may appoint such committees for the carrying out of

the work of the Foundation as the Board finds to be for the best

interests of the Foundation, each committee to consist of two or

more members of the Board, which committees, together with officers

and agents duly authorized by the Board and to the extent provided

by the Board, shall have and may exercise the powers of the Board

in the management of the business and affairs of the Foundation.

(g742l) President of Foundation: appointment and compensation;

employment of experts and consultants

(1) The chief executive officer of the Foundation shall be a

President who shall be appointed by the Board of Directors on such

terms as the Board may determine. The President shall receive

compensation at the rate provided for level IV of the Executive

Schedule under section 5315 of title 5.

(2) Experts and consultants, or organizations thereof, may be

employed as authorized by section 3109 of title 5.

(m) Establishment of Council; consultation by the Board;

reimbursement of expenses of members of the Council

In order to further the purposes of the Foundation there shall be

established a Council to be composed of such number of individuals

as may be selected by the Board from among individuals

knowledgeable concerning developmental activities in the Western

Hemisphere. The Board shall, from time to time, consult with the

Council concerning the objectives of the Foundation. Members of the

Council shall receive no compensation for their services but shall

be entitled to reimbursement in accordance with section 5703 of

title 5 for travel and other expenses incurred by them in the

performance of their functions under this subsection.

(n) Nonprofit nature of the Foundation; conflict of interests

The Foundation shall be a nonprofit corporation and shall have no

capital stock. No part of its revenue earnings, or other income or

property shall inure to the benefit of its directors, officers, and

employees and such revenue, earnings, or other income, or property

shall be used for the carrying out of the corporate purposes set

forth in this section. No director, officer, or employee of the

corporation shall in any manner directly or indirectly participate

in the deliberation upon or the determination of any question

affecting his personal interests or the interests of any

corporation, partnership, or organization in which he is directly

or indirectly interested.

(g742o) Personnel; service in foreign governments or agencies

When approved by the Foundation, in furtherance of its purpose,

the officers and employees of the Foundation may accept and hold

offices or positions to which no compensation is attached with

governments or governmental agencies of foreign countries.

(p) Service of employees of other agencies in the Foundation;

rights and privileges

The Secretary of State shall have authority to detail employees

of any agency under his jurisdiction to the Foundation under such

circumstances and upon such conditions as he may determine. Any

such employee so detailed shall not lose any privileges, rights, or

seniority as an employee of any such agency by virtue of such

detail.

(q) Establishment of principal and branch offices

The Foundation shall maintain its principal office in the

metropolitan Washington, D.C., area. The Foundation may establish

agencies, branch offices, or other offices in any place or places

outside the United States in which the Foundation may carry on all

or any of its operations and business.

(r) Exemption from tax

The Foundation, including its franchise and income, shall be

exempt from taxation now or hereafter imposed by the United States,

or any territory or possession thereof, or by any State, county,

municipality, or local taxing authority.

(s) Authorization of appropriations

(1) Notwithstanding any other provision of law, not to exceed an

aggregate amount of $50,000,000 of the funds made available for the

fiscal years 1970 and 1971 to carry out part I of the Foreign

Assistance Act of 1961 [22 U.S.C. 2151 et seq.] shall be available

to carry out the purposes of this section. Funds made available to

carry out the purposes of this section under the preceding sentence

are authorized to remain available until expended.

(2) There are authorized to be appropriated $28,800,000 for

fiscal year 1992 and $31,000,000 for fiscal year 1993 to carry out

this section. Amounts appropriated under this paragraph are

authorized to remain available until expended.

(t) Application of chapter 91 of title 31

The Foundation shall be subject to the provisions of chapter 91

of title 31.

(u) Interest on funds invested pending disbursement

When, with the permission of the Foundation, funds made available

to a grantee under this section are invested pending disbursement,

the resulting interest is not required to be deposited in the

United States Treasury if the grantee uses the resulting interest

for the purposes for which the grant was made. This subsection

applies with respect to both interest earned before and interest

earned after August 24, 1982.

(v) Travel expenses

Funds made available to the Foundation may be used for the

expenses described in section 1345 of title 31 (relating to travel,

transportation, and subsistence expenses for meetings).

(w) Printing expenses

Funds made available to the Foundation may be used for printing

and binding without regard to section 501 of title 44.

-SOURCE-

(Pub. L. 91-175, pt. IV, Sec. 401, Dec. 30, 1969, 83 Stat. 821;

Pub. L. 92-226, pt. IV, Sec. 406(2)-(5), Feb. 7, 1972, 86 Stat. 34;

Pub. L. 95-105, title V, Sec. 508, Aug. 17, 1977, 91 Stat. 859;

Pub. L. 97-241, title V, Sec. 501, Aug. 24, 1982, 96 Stat. 297;

Pub. L. 98-164, title X, Sec. 1001, Nov. 22, 1983, 97 Stat. 1051;

Pub. L. 99-83, title VII, Sec. 708, Aug. 8, 1985, 99 Stat. 243;

Pub. L. 99-529, title II, Sec. 202(e), title IV, Sec. 403(a), Oct.

24, 1986, 100 Stat. 3012, 3019; Pub. L. 101-246, title VI, Sec.

601, Feb. 16, 1990, 104 Stat. 73; Pub. L. 102-138, title I, Sec.

173(a), (b)(1), (c), (d), Oct. 28, 1991, 105 Stat. 679, 680.)

-STATAMEND-

REPEAL OF SECTION

For repeal of section by Pub. L. 106-113, div. B, Sec. 1000(a)(2)

[title V, Sec. 586(c)(2), (j)], Nov. 29, 1999, 113 Stat. 1535,

1501A-118, 1501A-120, as amended by Pub. L. 106-429, Sec. 101(a)

[title V, Sec. 591(2)], Nov. 6, 2000, 114 Stat. 1900, 1900A-59, see

Abolition of the Inter-American Foundation note set out below.

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec.

(s)(1), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended.

Part I of the Foreign Assistance Act of 1961 is classified

generally to subchapter I (Sec. 2151 et seq.) of chapter 32 of this

title. For provisions deeming references to subchapter I to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of chapter 32, see section

202(b) of Pub. L. 92-228, set out as a note under section 2346 of

this title, and sections 2348c and 2349aa-5 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 2151 of this title and Tables.

-COD-

CODIFICATION

In subsec. (t), "chapter 91 of title 31" substituted for "the

Government Corporation Control Act [31 U.S.C. 841 et seq.]" on

authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.

1067, the first section of which enacted Title 31, Money and

Finance.

-MISC1-

AMENDMENTS

1991 - Subsec. (g). Pub. L. 102-138, Sec. 173(b)(1), inserted

provision at end that all individuals appointed to the Board

possess an understanding of and sensitivity to community level

development processes and that no more than 5 members of the Board

be of any one political party.

Subsec. (q). Pub. L. 102-138, Sec. 173(c), amended subsec. (q)

generally. Prior to amendment, subsec. (q) read as follows: "The

Foundation shall establish a principal office. The Foundation is

authorized to establish agencies, branch offices, or other offices

in any place or places within the United States or elsewhere in any

of which locations the Foundation may carry on all or any of its

operations and business."

Subsec. (s)(2). Pub. L. 102-138, Sec. 173(a), amended first

sentence generally, substituting present provisions for provisions

authorizing appropriations of $16,932,000 for fiscal year 1990 and

$25,000,000 for fiscal year 1991.

Subsecs. (v), (w). Pub. L. 102-138, Sec. 173(d), added subsecs.

(v) and (w).

1990 - Subsec. (s)(2). Pub. L. 101-246 amended first sentence

generally, substituting "$16,932,000 for the fiscal year 1990 and

$25,000,000 for the fiscal year 1991" for "$11,969,000 for fiscal

year 1986 and $12,969,000 for fiscal year 1987 (not less than

$1,000,000 of which shall be for Haiti)".

1986 - Subsec. (g). Pub. L. 99-529, Sec. 403(a), substituted

"nine members" for "seven members" and "Six members" for "Four

members".

Subsec. (s)(2). Pub. L. 99-529, Sec. 202(e), substituted

"$12,969,000 for fiscal year 1987 (not less than $1,000,000 of

which shall be for Haiti)" for "$11,969,000 for fiscal year 1987".

1985 - Subsec. (s)(2). Pub. L. 99-83 substituted provisions

authorizing appropriations of $11,969,000 for each of fiscal years

1986 and 1987, for provisions authorizing appropriations of

$16,000,000 for each of fiscal years 1984 and 1985.

1983 - Subsec. (s)(2). Pub. L. 98-164 substituted "$16,000,000

for the fiscal year 1984 and $16,000,000 for the fiscal year 1985"

for "$12,000,000 for the fiscal year 1982 and $12,800,000 for the

fiscal year 1983".

1982 - Subsec. (h). Pub. L. 97-241, Sec. 501(b), substituted

"travel expenses, including per diem in lieu of subsistence, in

accordance with section 5703 of title 5" for "actual and necessary

expenses not in excess of $50 per day, and for transportation

expenses".

Subsec. (s)(2). Pub. L. 97-241, Sec. 501(a), substituted

"$12,000,000 for the fiscal year 1982 and $12,800,000 for the

fiscal year 1983" for "$25,000,000 for each of the fiscal years

1979 and 1980".

Subsec. (u). Pub. L. 97-241, Sec. 501(c), added subsec. (u).

1977 - Subsec. (s). Pub. L. 95-105 designated existing provisions

as par. (1) and added par. (2).

1972 - Pub. L. 92-226, Sec. 406(3), substituted "Foundation" for

"Institute" wherever appearing in subsecs. (b) to (g), (i), (j) to

(r), and (t).

Subsec. (a). Pub. L. 92-226, Sec. 406(2), substituted

"Inter-American Foundation" and "Foundation" for "Inter-American

Social Development Institute" and "Institute".

Subsec. (e)(4). Pub. L. 92-226, Sec. 406(4), inserted ",

including expenses for representation (not to exceed $10,000 in any

fiscal year),".

Subsec. (l). Pub. L. 92-226, Sec. 406(5), designated existing

provisions as par. (1), substituted "Foundation" for "Institute"

and "President" for "Executive Director" in two places, and added

par. (2).

EFFECTIVE DATE OF 1986 AMENDMENT

Section 403(b) of Pub. L. 99-529 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect

120 days after the date of enactment of this Act [Oct. 24, 1986]."

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section

1301 of Pub. L. 99-83, set out as a note under section 2151-1 of

this title.

SHORT TITLE

Part IV of Pub. L. 91-175, Dec. 30, 1969, 83 Stat. 821, as

amended by Pub. L. 92-226, pt. IV, Sec. 406(1), Feb. 7, 1972, 86

Stat. 34, which enacted this section, designated as the

"Inter-American Foundation Act".

ABOLITION OF INTER-AMERICAN FOUNDATION

Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 586],

Nov. 29, 1999, 113 Stat. 1535, 1501A-117, as amended by Pub. L.

106-429, Sec. 101(a) [title V, Sec. 591], Nov. 6, 2000, 114 Stat.

1900, 1900A-59, provided that:

"(a) Definitions. - In this section:

"(1) Director. - The term 'Director' means the Director of the

Office of Management and Budget.

"(2) Foundation. - The term 'Foundation' means the

Inter-American Foundation.

"(3) Function. - The term 'function' means any duty,

obligation, power, authority, responsibility, right, privilege,

activity, or program.

"(b) Abolition of Inter-American Foundation. - During fiscal

years 2000 and 2001, the President is authorized to abolish the

Inter-American Foundation. The provisions of this section shall

only be effective upon the effective date of the abolition of the

Inter-American Foundation.

"(c) Termination of Functions. -

"(1) Except as provided in subsection (d)(2), there are

terminated upon the abolition of the Foundation all functions

vested in, or exercised by, the Foundation or any official

thereof, under any statute, reorganization plan, Executive order,

or other provisions of law, as of the day before the effective

date of this section.

"(2) Repeal. - Section 401 of the Foreign Assistance Act of

1969 (22 U.S.C. 290f) is repealed upon the effective date

specified in subsection (j).

"(3) Final disposition of funds. - Upon the date of transmittal

to Congress of the certification described in subsection (d)(4),

all unexpended balances of appropriations of the Foundation shall

be deposited in the miscellaneous receipts account of the

Treasury of the United States.

"(d) Responsibilities of the Director of the Office of Management

and Budget. -

"(1) In general. - The Director of the Office of Management and

Budget shall be responsible for -

"(A) the administration and wind-up of any outstanding

obligation of the Federal Government under any contract or

agreement entered into by the Foundation before the date of the

enactment of the Foreign Operations, Export Financing, and

Related Programs Appropriations Act, 2000 [Nov. 29, 1999],

except that the authority of this subparagraph does not include

the renewal or extension of any such contract or agreement; and

"(B) taking such other actions as may be necessary to wind-up

any outstanding affairs of the Foundation.

"(2) Transfer of functions to the director. - There are

transferred to the Director such functions of the Foundation

under any statute, reorganization plan, Executive order, or other

provision of law, as of the day before the date of the enactment

of this section [Nov. 29, 1999], as may be necessary to carry out

the responsibilities of the Director under paragraph (1).

"(3) Authorities of the director. - For purposes of performing

the functions of the Director under paragraph (1) and subject to

the availability of appropriations, the Director may -

"(A) enter into contracts;

"(B) employ experts and consultants in accordance with

section 3109 of title 5, United States Code, at rates for

individuals not to exceed the per diem rate equivalent to the

rate for level IV of the Executive Schedule; and

"(C) utilize, on a reimbursable basis, the services,

facilities, and personnel of other Federal agencies.

"(4) Certification required. - Whenever the Director determines

that the responsibilities described in paragraph (1) have been

fully discharged, the Director shall so certify to the

appropriate congressional committees.

"(e) Report to Congress. - The Director of the Office of

Management and Budget shall submit to the appropriate congressional

committees a detailed report in writing regarding all matters

relating to the abolition and termination of the Foundation. The

report shall be submitted not later than 90 days after the

termination of the Foundation.

"(f) Transfer and Allocation of Appropriations. - Except as

otherwise provided in this section, the assets, liabilities

(including contingent liabilities arising from suits continued with

a substitution or addition of parties under subsection (g)(3)),

contracts, property, records, and unexpended balance of

appropriations, authorizations, allocations, and other funds

employed, held, used, arising from, available to, or to be made

available in connection with the functions, terminated by

subsection (c)(1) or transferred by subsection (d)(2) shall be

transferred to the Director for purposes of carrying out the

responsibilities described in subsection (d)(1).

"(g) Savings Provisions. -

"(1) Continuing legal force and effect. - All orders,

determinations, rules, regulations, permits, agreements, grants,

contracts, certificates, licenses, registrations, privileges, and

other administrative actions -

"(A) that have been issued, made, granted, or allowed to

become effective by the Foundation in the performance of

functions that are terminated or transferred under this

section; and

"(B) that are in effect as of the date of the abolition of

the Foundation, or were final before such date and are to

become effective on or after such date,

shall continue in effect according to their terms until modified,

terminated, superseded, set aside, or revoked in accordance with

law by the President, the Director, or other authorized official,

a court of competent jurisdiction, or by operation of law.

"(2) No effect on judicial or administrative proceedings. -

Except as otherwise provided in this section -

"(A) the provisions of this section shall not affect suits

commenced prior to the date of the abolition of the Foundation;

and

"(B) in all such suits, proceedings shall be had, appeals

taken, and judgments rendered in the same manner and effect as

if this section had not been enacted.

"(3) Nonabatement of proceedings. - No suit, action, or other

proceeding commenced by or against any officer in the official

capacity of such individual as an officer of the Foundation shall

abate by reason of the enactment of this section. No cause of

action by or against the Foundation, or by or against any officer

thereof in the official capacity of such officer, shall abate by

reason of the enactment of this section.

"(4) Continuation of proceeding with substitution of parties. -

If, before the date of the abolition of the Foundation, the

Foundation, or officer thereof in the official capacity of such

officer, is a party to a suit, then effective on such date such

suit shall be continued with the Director substituted or added as

a party.

"(5) Reviewability of orders and actions under transferred

functions. - Orders and actions of the Director in the exercise

of functions terminated or transferred under this section shall

be subject to judicial review to the same extent and in the same

manner as if such orders and actions had been taken by the

Foundation immediately preceding their termination or transfer.

Any statutory requirements relating to notice, hearings, action

upon the record, or administrative review that apply to any

function transferred by this section shall apply to the exercise

of such function by the Director.

"(h) Conforming Amendments. -

"(1) African development foundation. - Section 502 of the

International Security and Development Cooperation Act of 1980

(22 U.S.C. 290h) is amended -

"(A) by inserting 'and' at the end of paragraph (2);

"(B) by striking the semicolon at the end of paragraph (3)

and inserting a period; and

"(C) by striking paragraphs (4) and (5).

"(2) Social progress trust fund agreement. - Section 36 of the

Foreign Assistance Act of 1973 [Pub. L. 93-189, 22 U.S.C. 1942

note] is amended -

"(A) in subsection (a) -

"(i) by striking 'provide for' and all that follows through

'(2) utilization' and inserting 'provide for the

utilization'; and

"(ii) by striking 'member countries;' and all that follows

through 'paragraph (2)' and inserting 'member countries.';

"(B) in subsection (b), by striking 'transfer or';

"(C) by striking subsection (c);

"(D) by redesignating subsection (d) as subsection (c); and

"(E) in subsection (c) (as so redesignated), by striking

'transfer or'.

"(3) Foreign assistance act of 1961. - Section 222A(d) of the

Foreign Assistance Act of 1961 (22 U.S.C. 2182a(d)) is repealed.

"(i) Definition. - In this section, the term 'appropriate

congressional committees' means the Committee on Appropriations and

the Committee on Foreign Relations of the Senate and the Committee

on Appropriations and the Committee on International Relations of

the House of Representatives.

"(j) Effective Dates. - The repeal made by subsection (c)(2) and

the amendments made by subsection (h) shall take effect upon the

date of transmittal to Congress of the certification described in

subsection (d)(4)."

TRANSITION RULE FOR BOARD APPOINTMENTS

Section 173(b)(2) of Pub. L. 102-138 provided that: "The

requirements established by the amendment made by paragraph (1)

[amending this section] do not affect appointments made to the

Board of the Inter-American Foundation before the date of enactment

of this Act [Oct. 28, 1991]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 290h of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "devise,".

-End-

-CITE-

22 USC SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND

-HEAD-

SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND

-End-

-CITE-

22 USC Sec. 290g 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND

-HEAD-

Sec. 290g. African Development Fund; United States participation

-STATUTE-

The President is hereby authorized to accept participation for

the United States in the African Development Fund (hereinafter

referred to as the "Fund") provided for by the agreement

establishing the Fund (hereinafter referred to as the "agreement")

deposited in the Archives of the United Nations.

-SOURCE-

(Pub. L. 94-302, title II, Sec. 202, May 31, 1976, 90 Stat. 593.)

-MISC1-

SHORT TITLE

Section 201 of title II of Pub. L. 94-302 provided that: "This

title [enacting this subchapter] may be cited as the 'African

Development Fund Act'."

-End-

-CITE-

22 USC Sec. 290g-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND

-HEAD-

Sec. 290g-1. Appointment of Governor and Alternate Governor; rank,

duties, and compensation

-STATUTE-

(a) The President, by and with the advice and consent of the

Senate, shall appoint a Governor, and an Alternate Governor, of the

Fund.

(b) The Governor, or in his absence the Alternate Governor, on

the instructions of the President, shall cast the votes of the

United States for the Director to represent the United States in

the Fund. The Director representing the United States and his

Alternate, if they are citizens of the United States, may, in the

discretion of the President, receive such compensation, allowances,

and other benefits not exceeding those authorized for a chief of

mission under the Foreign Service Act of 1980 [22 U.S.C. 3901 et

seq.].

-SOURCE-

(Pub. L. 94-302, title II, Sec. 203, May 31, 1976, 90 Stat. 593;

Pub. L. 96-465, title II, Sec. 2206(a)(5), Oct. 17, 1980, 94 Stat.

2161.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Service Act of 1980, referred to in subsec. (b), is

Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is

classified principally to chapter 52 (Sec. 3901 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 3901 of this title and

Tables.

-MISC1-

AMENDMENTS

1980 - Subsec. (b). Pub. L. 96-465 substituted "a chief of

mission under the Foreign Service Act of 1980" for "a Chief of

Mission, class 2, within the meaning of the Foreign Service Act of

1946, as amended".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of this title.

-End-

-CITE-

22 USC Sec. 290g-2 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND

-HEAD-

Sec. 290g-2. Law governing reports to the President and the

Congress

-STATUTE-

The provisions of section 286b of this title, shall apply with

respect to the Fund to the same extent as with respect to the

International Bank for Reconstruction and Development and the

International Monetary Fund.

-SOURCE-

(Pub. L. 94-302, title II, Sec. 204, May 31, 1976, 90 Stat. 594;

Pub. L. 101-240, title V, Sec. 541(e)(6), Dec. 19, 1989, 103 Stat.

2519.)

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-240 struck out at end "Reports with respect to

the Fund under paragraphs (5) and (6) of section 286b(b) of this

title, shall be included in the first report made thereunder after

the United States accepts participation in the Fund."

-End-

-CITE-

22 USC Sec. 290g-3 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND

-HEAD-

Sec. 290g-3. Specific actions requiring Congressional authorization

-STATUTE-

Unless Congress by law authorizes such action, neither the

President nor any person or agency shall, on behalf of the United

States:

(a) agree to an increase in the subscription of the United

States to the Fund;

(b) vote for or agree to any amendment of the agreement which

increases the obligations of the United States, or which would

change the purpose or functions of the Fund; or

(c) make a loan or provide other financing to the Fund, except

that funds for technical assistance may be provided to the Fund

by a United States agency created pursuant to an Act of Congress

which is authorized by law to provide funds to international

organizations.

-SOURCE-

(Pub. L. 94-302, title II, Sec. 205, May 31, 1976, 90 Stat. 594.)

-End-

-CITE-

22 USC Sec. 290g-4 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND

-HEAD-

Sec. 290g-4. Authorization of appropriations; repayments and

distributions from Fund to Treasury

-STATUTE-

(a) There is hereby authorized to be appropriated without fiscal

year limitation, as the United States subscription, $25,000,000 to

be paid by the Secretary of the Treasury to the Fund in three

annual installments of $9,000,000, $8,000,000, and $8,000,000.

(b) Any repayment or distribution of moneys from the Fund to the

United States shall be covered into the Treasury as a miscellaneous

receipt.

-SOURCE-

(Pub. L. 94-302, title II, Sec. 206, May 31, 1976, 90 Stat. 594.)

-End-

-CITE-

22 USC Sec. 290g-5 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND

-HEAD-

Sec. 290g-5. Federal Reserve banks as depository for the Fund;

supervision

-STATUTE-

Any Federal Reserve bank which is requested to do so by the

President shall act as a depository for the Fund, and the Board of

Governors of the Federal Reserve System shall supervise and direct

the carrying out of these functions by the Federal Reserve banks.

-SOURCE-

(Pub. L. 94-302, title II, Sec. 207, May 31, 1976, 90 Stat. 594.)

-End-

-CITE-

22 USC Sec. 290g-6 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND

-HEAD-

Sec. 290g-6. Civil action by or against the Fund; service of

process, venue, jurisdiction, removal of actions

-STATUTE-

For the purpose of any civil action which may be brought within

the United States, its territories or possessions, or the

Commonwealth of Puerto Rico, by or against the Fund in accordance

with the agreement, the Fund shall be deemed to be an inhabitant of

the Federal judicial district in which its principal office or

agency appointed for the purpose of accepting service or notice of

service is located, and any such action to which the Fund shall be

party shall be deemed to arise under the laws of the United States,

and the district courts of the United States (including the courts

enumerated in section 460 of title 28) shall have original

jurisdiction of any such action. When the Fund is defendant in any

action in a State court, it may, at any time before the trial

thereof, remove such action into the district court of the United

States for the proper district by following the procedure for

removal of causes otherwise provided by law.

-SOURCE-

(Pub. L. 94-302, title II, Sec. 208, May 31, 1976, 90 Stat. 594.)

-End-

-CITE-

22 USC Sec. 290g-7 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND

-HEAD-

Sec. 290g-7. Force and effect of agreement; deposit of documents by

the President; reservation of right to tax salaries and

emoluments paid by the Fund to United States citizens or

nationals

-STATUTE-

The agreement, including without limitation articles 41 through

50, shall have full force and effect in the United States, its

territories and possessions, and the Commonwealth of Puerto Rico,

upon the acceptance of participation by the United States in, and

the entry into force of, the Fund. The President, at the time of

deposit of the instrument of acceptance of participation of the

United States in the Fund, shall also deposit a declaration that

the United States retains for itself and its political subdivisions

the right to tax salaries and emoluments paid by the Fund to its

citizens or nationals and may deposit a declaration providing for

reservations on other matters set forth in article 58.

-SOURCE-

(Pub. L. 94-302, title II, Sec. 209, May 31, 1976, 90 Stat. 594.)

-REFTEXT-

REFERENCES IN TEXT

The agreement and articles 41 through 50 and article 58, referred

to in text, mean the Bretton Woods Agreement and the articles

thereof.

-End-

-CITE-

22 USC Sec. 290g-8 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND

-HEAD-

Sec. 290g-8. Presidential instructions to United States Governor of

the Fund to veto any use of funds to benefit a country pursuing a

detrimental economic policy against United States interests;

exceptions

-STATUTE-

The President shall instruct the United States Governor of the

Fund to cause the Executive Director representing the United States

in the Fund to cast the votes of the United States against any loan

or other utilization of the funds of the Fund for the benefit of

any country which has -

(1) nationalized or expropriated or seized ownership or control

of property owned by any United States citizen or by any

corporation, partnership, or association not less than 50 per

centum of which is beneficially owned by United States citizens;

(2) taken steps to repudiate or nullify existing contracts or

agreements with any United States citizen or any corporation,

partnership, or association not less than 50 per centum of which

is beneficially owned by United States citizens; or

(3) imposed or enforced discriminatory taxes or other

exactions, or restrictive maintenance or operational conditions,

or has taken other actions, which have the effect of

nationalizing, expropriating, or otherwise seizing ownership or

control of property so owned;

unless the President determines that (A) an arrangement for prompt,

adequate, and effective compensation has been made, (B) the parties

have submitted the dispute to arbitration under the rules of the

Convention for the Settlement of Investment Disputes, or (C) good

faith negotiations are in progress aimed at providing prompt,

adequate, and effective compensation under the applicable

principles of international law.

-SOURCE-

(Pub. L. 94-302, title II, Sec. 210, May 31, 1976, 90 Stat. 595.)

-End-

-CITE-

22 USC Sec. 290g-9 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND

-HEAD-

Sec. 290g-9. Repealed. Pub. L. 95-118, title VII, Sec. 702, Oct. 3,

1977, 91 Stat. 1070

-MISC1-

Section, Pub. L. 94-302, title II, Sec. 211, May 31, 1976, 90

Stat. 595; H. Res. 5, Jan. 4, 1977, set forth provisions relating

to United States participation in financial assistance by the

African Development Fund to any country engaging in a consistent

pattern of gross violations of internationally recognized human

rights. See section 262d of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 3, 1977, see section 1001 of Pub. L.

95-118, set out as an Effective Date note under section 282i of

this title.

-End-

-CITE-

22 USC Sec. 290g-10 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND

-HEAD-

Sec. 290g-10. Additional authorization for contribution to African

Development Fund

-STATUTE-

(a) Payment of United States contribution; review of payment and

voting structure with other donor nations

The United States Governor is authorized to contribute on behalf

of the United States $50,000,000 to the African Development Fund,

which would represent an additional United States contribution to

the first replenishment. The Secretary of the Treasury is directed

to begin discussions with other donor nations to the African

Development Fund for the purpose of setting amounts and of

reviewing and possibly changing the voting structure within the

Fund: Provided, however, That any commitment to make such

contribution shall be made subject to obtaining the necessary

appropriations.

(b) Authorization of appropriations

In order to pay for the United States contribution to the African

Development Fund provided for in this section there are authorized

to be appropriated without fiscal year limitation $50,000,000 for

payment by the Secretary of the Treasury.

-SOURCE-

(Pub. L. 94-302, title II, Sec. 211, formerly Sec. 212, as added

Pub. L. 95-118, title VI, Sec. 601, Oct. 3, 1977, 91 Stat. 1069;

renumbered Sec. 211, Pub. L. 96-259, title III, Sec. 301(1), June

3, 1980, 94 Stat. 430.)

-MISC1-

PRIOR PROVISIONS

A prior section 211 of Pub. L. 94-302 was classified to section

290g-9 of this title prior to repeal by Pub. L. 95-118, title VII,

Sec. 702, Oct. 3, 1977, 91 Stat. 1070.

EFFECTIVE DATE

Section effective Oct. 3, 1977, except that no funds authorized

to be appropriated by this section may be available for use or

obligation prior to Oct. 1, 1977, see section 1001 of Pub. L.

95-118, set out as a note under section 282i of this title.

-End-

-CITE-

22 USC Sec. 290g-11 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND

-HEAD-

Sec. 290g-11. Additional authorization for payment of United States

contribution

-STATUTE-

(a) United States share

The United States Governor of the Fund is authorized to

contribute on behalf of the United States $125,000,000 to the Fund

as the United States contribution to the second replenishment of

the resources of the Fund, except that any commitment to make such

contribution shall be made subject to obtaining the necessary

appropriations.

(b) Authorization of appropriations

In order to pay for the United States contribution provided for

in this section, there is authorized to be appropriated, without

fiscal year limitation, $125,000,000 for payment by the Secretary

of the Treasury.

(c) Funding requirements

For the purpose of keeping to a minimum the cost to the United

States, the Secretary of the Treasury -

(1) shall pay the United States contribution to the African

Development Fund authorized by this section by letter of credit

in three annual installments; and

(2) shall take the steps necessary to obtain a certification

from the Fund that any undisbursed balances resulting from

draw-downs on such letter of credit will not exceed at any time

the United States share of expected disbursement requirements for

the following three-month period.

-SOURCE-

(Pub. L. 94-302, title II, Sec. 212, as added Pub. L. 96-259, title

III, Sec. 301(2), June 3, 1980, 94 Stat. 430.)

-End-

-CITE-

22 USC Sec. 290g-12 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND

-HEAD-

Sec. 290g-12. Additional authorization for payment of United States

contribution

-STATUTE-

(a)(1) The United States Governor of the Fund is authorized to

contribute on behalf of the United States $150,000,000 to the Fund

as the United States contribution to the third replenishment of the

resources of the Fund.

(2) Any commitment to make the contribution authorized in

paragraph (1) shall be made subject to obtaining the necessary

appropriations.

(b) In order to pay for the United States contribution provided

for in this section, there are authorized to be appropriated,

without fiscal year limitation, $150,000,000 for payment by the

Secretary of the Treasury.

-SOURCE-

(Pub. L. 94-302, title II, Sec. 213, as added Pub. L. 98-181, title

X, Sec. 1003, Nov. 30, 1983, 97 Stat. 1286.)

-End-

-CITE-

22 USC Sec. 290g-13 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND

-HEAD-

Sec. 290g-13. Additional authorization for payment of United States

contribution

-STATUTE-

(a)(1) The United States Governor of the Fund is authorized to

contribute $225,000,000 to the fourth replenishment of the

resources of the Fund.

(2) Any commitment to make the contribution authorized in

paragraph (1) shall be made subject to obtaining the necessary

appropriations.

(b) In order to pay for the United States contribution provided

for in this section, there are authorized to be appropriated,

without fiscal year limitation, $225,000,000 for payment by the

Secretary of the Treasury.

-SOURCE-

(Pub. L. 94-302, title II, Sec. 214, as added Pub. L. 99-190, Sec.

101(i) [title I, (a)], Dec. 19, 1985, 99 Stat. 1291, 1294.)

-COD-

CODIFICATION

Section 214 of Pub. L. 94-302 is based on section 201 of title II

of H.R. 2253, Ninety-ninth Congress, as reported May 15, 1985, and

enacted into law by Pub. L. 99-190.

-End-

-CITE-

22 USC Sec. 290g-14 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND

-HEAD-

Sec. 290g-14. Additional authorization for payment of United States

contribution

-STATUTE-

(a) Contribution authorized

The United States Governor of the Fund is authorized to

contribute $315,000,000 to the fifth replenishment of the resources

of the Fund, except that such authority shall be effective only to

such extent or in such amounts as are provided in advance in

appropriations Acts.

(b) Authorization of appropriations

In order to pay for the United States contribution provided for

in this section, there are authorized to be appropriated, without

fiscal year limitation, $315,000,000, for payment by the Secretary

of the Treasury.

-SOURCE-

(Pub. L. 94-302, title II, Sec. 215, as added Pub. L. 100-461,

title V, Sec. 555, Oct. 1, 1988, 102 Stat. 2268-36.)

-COD-

CODIFICATION

Section 215 of Pub. L. 94-302 is based on section 2 of H.R. 4645,

One Hundredth Congress, as reported Sept. 28, 1988, and enacted

into law by Pub. L. 100-461.

-End-

-CITE-

22 USC Sec. 290g-15 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXII - AFRICAN DEVELOPMENT FUND

-HEAD-

Sec. 290g-15. Sixth replenishment

-STATUTE-

(a) Contribution authorized

The United States Governor of the Fund is authorized to

contribute $405,000,000 to the sixth replenishment of the resources

of the Fund, except that such authority shall be effective only to

such extent or in such amounts as are provided in advance in

appropriations Acts.

(b) Limitations on authorization of appropriations

In order to pay for the United States contribution provided for

in this section, there are authorized to be appropriated, without

fiscal year limitation, $135,000,000 for payment by the Secretary

of the Treasury.

-SOURCE-

(Pub. L. 94-302, title II, Sec. 216, as added Pub. L. 102-145, Sec.

125(c), as added Pub. L. 102-266, Sec. 102, Apr. 1, 1992, 106 Stat.

98.)

-MISC1-

SUBSEQUENT REPLENISHMENT

Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 594],

Nov. 29, 1999, 113 Stat. 1535, 1501A-122, provided in part that the

Secretary of the Treasury may contribute on behalf of the United

States to the eighth replenishment of the resources of the African

Development Fund, and authorized $300,000,000 to be appropriated

without fiscal year limitation.

-End-

-CITE-

22 USC SUBCHAPTER XXIII - AFRICAN DEVELOPMENT FOUNDATION 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIII - AFRICAN DEVELOPMENT FOUNDATION

-HEAD-

SUBCHAPTER XXIII - AFRICAN DEVELOPMENT FOUNDATION

-End-

-CITE-

22 USC Sec. 290h 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIII - AFRICAN DEVELOPMENT FOUNDATION

-HEAD-

Sec. 290h. Congressional findings

-STATUTE-

The Congress finds that -

(1) social and economic development ultimately depends on the

active participation of individuals within a society and on the

enhancement of opportunities for those individuals;

(2) the development of individuals and institutions in African

countries can benefit by the provision of support for

community-based self-help activities;

(3) by enacting title IX of chapter 2 of part I of the Foreign

Assistance Act of 1961 [22 U.S.C. 2218], and recent amendments to

that Act, the Congress has sought to enable the poor to

participate in the process of development;

(4) the Inter-American Foundation, established by Congress in

the Foreign Assistance Act of 1969 [22 U.S.C. 290f], to support

the efforts of the people of Latin America and the Caribbean to

solve their development problems, has demonstrated a successful

approach to development; and

(5) an African Development Foundation similar in structure to

the Inter-American Foundation, but adapted to the specific needs

of Africa, can complement current United States development

programs in Africa.

-SOURCE-

(Pub. L. 96-533, title V, Sec. 502, Dec. 16, 1980, 94 Stat. 3151;

Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 586(h)(1)],

Nov. 29, 1999, 113 Stat. 1535, 1501A-119.)

-STATAMEND-

AMENDMENT OF SECTION

For amendment of section by Pub. L. 106-113, div. B, Sec.

1000(a)(2) [title V, Sec. 586(h)(1), (j)], Nov. 29, 1999, 113 Stat.

1535, 1501A-119, 1501A-120, see Abolition of the Inter-American

Foundation note set out under section 290f of this title.

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in par. (3), is

Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Title IX

of chapter 2 of part I of the Foreign Assistance Act of 1961 is

classified generally to subpart IX of part II of subchapter I (Sec.

2218) of chapter 32 of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

2151 of this title and Tables.

The Foreign Assistance Act of 1969, referred to in par. (4), is

Pub. L. 91-175, Dec. 30, 1969, 83 Stat. 805, as amended. The

Inter-American Foundation was established by section 401 of that

Act, which is classified to section 290f of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 2151 of this title and Tables.

-MISC1-

SHORT TITLE

Section 501 of title V of Pub. L. 96-533 provided: "This title

[enacting this subchapter] may be cited as the 'African Development

Foundation Act'."

-End-

-CITE-

22 USC Sec. 290h-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIII - AFRICAN DEVELOPMENT FOUNDATION

-HEAD-

Sec. 290h-1. African Development Foundation

-STATUTE-

(a) Establishment of Foundation

There is established a body corporate to be known as the "African

Development Foundation" (hereafter in this subchapter referred to

as the "Foundation").

(b) Principal and branch offices

The Foundation shall establish a principal office in the United

States and may establish such branch offices in Africa as may be

necessary to carry out its functions.

-SOURCE-

(Pub. L. 96-533, title V, Sec. 503, Dec. 16, 1980, 94 Stat. 3152.)

-End-

-CITE-

22 USC Sec. 290h-2 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIII - AFRICAN DEVELOPMENT FOUNDATION

-HEAD-

Sec. 290h-2. Congressional declaration of purposes

-STATUTE-

(a) Purposes of Foundation

In order to enable the people of African countries to develop

their potential, fulfill their aspirations, and enjoy better, more

productive lives, the purposes of the Foundation shall be -

(1) to strengthen the bonds of friendship and understanding

between the people of Africa and the United States;

(2) to support self-help activities at the local level designed

to enlarge opportunities for community development;

(3) to stimulate and assist effective and expanding

participation of Africans in their development process; and

(4) to encourage the establishment and growth of development

institutions which are indigenous to particular countries in

Africa and which can respond to the requirements of the poor in

those countries.

(b) Implementation

The Foundation shall carry out the purposes specified in

subsection (a) of this section in cooperation with, and in response

to, organizations indigenous to Africa which are representative of

the needs and aspirations of the poor in Africa and, in carrying

out such purposes, the Foundation shall, to the extent possible,

coordinate its development assistance activities with the

activities of the United States Government and private, regional,

and international organizations.

-SOURCE-

(Pub. L. 96-533, title V, Sec. 504, Dec. 16, 1980, 94 Stat. 3152.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 290h-3 of this title.

-End-

-CITE-

22 USC Sec. 290h-3 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIII - AFRICAN DEVELOPMENT FOUNDATION

-HEAD-

Sec. 290h-3. Functions of Foundation

-STATUTE-

(a) Types of programs; project limitations; dissemination of

project insights

(1) In order to carry out the purposes set forth in section

290h-2 of this title, the Foundation may make grants, loans, and

loan guarantees to any African private or public group (including

public international organizations), association, or other entity

engaged in peaceful activities for -

(A) the fostering of local development institutions and the

support of development efforts initiated by communities

themselves;

(B) the development of self-evaluation techniques by

participants in projects supported under this section, for the

purpose of transferring experience gained in such projects to

similar development activities;

(C) development research by Africans and the transfer of

development resources, expertise, and knowledge within Africa;

(D) the procurement of such technical or other assistance as is

deemed appropriate by the recipient of such grant, loan, or

guarantee, to carry out the purposes of this subchapter; and

(E) other projects that would carry out the purposes set forth

in section 290h-2 of this title.

(2) The total amount of grants, loans, and loan guarantees that

may be made under this section for a project may not exceed

$250,000.

(3) The Foundation may disseminate to the American public and to

United States and multilateral development institutions insights

gained from African development projects assisted under this

subchapter.

(b) Community project priorities; disbursement of funds by

recipients to other African entities

In making grants, loans, and loan guarantees under subsection (a)

of this section, the Foundation shall give priority to projects

which community groups undertake to foster their own development

and in the initiation, design, implementation, and evaluation of

which there is the maximum feasible participation of the poor.

Where appropriate and in keeping with the purposes of this

subchapter, the Foundation may make such grants, loans, and loan

guarantees to African entities which are representative and

knowledgeable of, and sensitive to, the needs and aspirations of

the poor and which would disburse funds acquired under such grants,

loans, and loan guarantees to other African entities to carry out

the purposes of this subchapter.

-SOURCE-

(Pub. L. 96-533, title V, Sec. 505, Dec. 16, 1980, 94 Stat. 3152;

Pub. L. 100-461, title II, Sec. 201, Oct. 1, 1988, 102 Stat.

2268-13.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a)(1). Pub. L. 100-461 inserted "(including

public international organizations)" after "public group".

-End-

-CITE-

22 USC Sec. 290h-4 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIII - AFRICAN DEVELOPMENT FOUNDATION

-HEAD-

Sec. 290h-4. Powers of Foundation

-STATUTE-

(a) General provisions

The Foundation, as a corporation -

(1) shall have perpetual succession unless dissolved by an Act

of Congress;

(2) may sue and be sued, complain, and defend, in its corporate

name in any court of competent jurisdiction;

(3) may adopt, alter, and use a seal, which shall be judicially

noticed;

(4) may prescribe, amend, and repeal such rules and regulations

as may be necessary for carrying out the functions of the

Foundation;

(5) may make and perform such contracts and other agreements

with any individual, corporation, or other private or public

entity however designated and wherever situated, as may be

necessary for carrying out the functions of the Foundation;

(6) may determine and prescribe the manner in which its

obligations shall be incurred and its expenses allowed and paid,

including expenses for representation not exceeding $10,000 in

any fiscal year;

(7) may, as necessary for carrying out the functions of the

Foundation, employ and fix the compensation of not to exceed the

following number of persons at any one time: 25 during the fiscal

year 1981, 50 during the fiscal year 1982, and 75 thereafter;

(8) may lease, purchase, or otherwise acquire, own, hold,

improve, use, or otherwise deal in and with such property (real,

personal, or mixed) or any interest therein, wherever situated,

as may be necessary for carrying out the functions of the

Foundation;

(9) may accept gifts or donations of services or of property

(real, personal, or mixed), tangible or intangible, in

furtherance of the purposes of this subchapter;

(10) may use the United States mails in the same manner and on

the same conditions as the executive departments of the

Government;

(11) may, with the consent of any agency of the United States,

use the information, services, facilities, and personnel of that

agency in carrying out the purposes of this subchapter; and

(12) shall have such other powers as may be necessary and

incident to carrying out this subchapter.

(b) Nonprofit entity; restriction on use of moneys; conflict of

interests

The Foundation shall be a nonprofit corporation and shall have no

capital stock. No part of its revenue, earnings, or other income or

property shall inure to the benefit of any of its directors,

officers, or employees, and such revenue, earnings, or other income

or property shall only be used for carrying out the purposes of

this subchapter. No director, officer, or employee of the

corporation shall in any manner directly or indirectly participate

in the deliberation upon or the determination of any question

affecting his or her personal interests or the interests of any

corporation, partnership, or organization in which he or she is

directly or indirectly interested.

(c) Tax exemption

The Foundation, including its franchise and income, shall be

exempt from taxation now or hereafter imposed by the United States,

by any territory or possession of the United States, or by any

State, county, municipality, or local taxing authority.

(d) Termination of Foundation and liquidation of assets

Upon termination of the corporate life of the Foundation its

assets shall be liquidated and, unless otherwise provided by

Congress, shall be transferred to the United States Treasury as the

property of the United States.

-SOURCE-

(Pub. L. 96-533, title V, Sec. 506, Dec. 16, 1980, 94 Stat. 3153.)

-End-

-CITE-

22 USC Sec. 290h-5 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIII - AFRICAN DEVELOPMENT FOUNDATION

-HEAD-

Sec. 290h-5. Management of Foundation

-STATUTE-

(a) Board of directors; membership; designation of Chairperson and

Vice Chairperson; appointment considerations; term; vacancies

(1) The management of the Foundation shall be vested in a board

of directors (hereafter in this subchapter referred to as the

"Board") composed of seven members appointed by the President, by

and with the advice and consent of the Senate. The President shall

designate one member of the Board to serve as Chairperson of the

Board and one member to serve as Vice Chairperson of the Board.

Five members of the Board shall be appointed from private life. Two

members of the Board shall be appointed from among officers and

employees of agencies of the United States concerned with African

affairs. All members of the Board shall be appointed on the basis

of their understanding of and sensitivity to community level

development processes. Members of the Board shall be appointed so

that no more than four members of the Board are members of any one

political party.

(2) Members of the Board shall be appointed for terms of six

years, except that of the members first appointed, as designated by

the President at the time of their appointment, two shall be

appointed for terms of two years and two shall be appointed for

terms of four years. A member of the Board appointed to fill a

vacancy occurring before the expiration of the term for which that

member's predecessor was appointed shall be appointed only for the

remainder of that term. Upon the expiration of his or her term a

member shall continue to serve until a successor is appointed and

shall have qualified.

(b) Compensation, actual, necessary, and transportation expenses

Members of the Board shall serve without additional compensation,

but may be reimbursed for actual and necessary expenses not

exceeding $100 per day, and for transportation expenses, while

engaged in their duties on behalf of the Foundation.

(c) Quorum

A majority of the Board shall constitute a quorum.

(d) President of Foundation; appointment and compensation;

employment of experts and consultants

(1) The Board of Directors shall appoint a president of the

Foundation on such terms as the Board may determine. The president

of the Foundation shall receive compensation at a rate not to

exceed that provided for level IV of the Executive Schedule under

section 5315 of title 5.

(2) Experts and consultants may be employed by the Board as

authorized by section 3109 of title 5.

(e) Advisory council; membership; appointment considerations;

consultations with council; compensation, travel, and other

expenses

(1) The Board shall establish an advisory council to be composed

of such number of individuals as may be selected by the Board from

among individuals knowledgeable about development activities in

Africa. The advisory council may include African recipients of

grants, loans, or loan guarantees under this subchapter.

(2) The Board shall, at least once each year, consult the

advisory council concerning the objectives and activities of the

Foundation.

(3) Members of the advisory council shall receive no compensation

for their services but may be allowed travel and other expenses in

accordance with section 5703 of title 5, which are incurred by them

in the performance of the functions under this subsection.

-SOURCE-

(Pub. L. 96-533, title V, Sec. 507, Dec. 16, 1980, 94 Stat. 3154;

Pub. L. 101-167, title II, Nov. 21, 1989, 103 Stat. 1209.)

-MISC1-

AMENDMENTS

1989 - Subsec. (a)(1). Pub. L. 101-167 inserted at end "Members

of the Board shall be appointed so that no more than four members

of the Board are members of any one political party."

EFFECTIVE DATE OF 1989 AMENDMENT

Pub. L. 101-167, title II, Nov. 21, 1989, 103 Stat. 1209,

provided: "That the amendment to section 507(a)(1) of such Act [22

U.S.C. 290h-5(a)(1)] shall not affect an appointment made to the

Board prior to the date of enactment of this Act [Nov. 21, 1989]".

-End-

-CITE-

22 USC Sec. 290h-6 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIII - AFRICAN DEVELOPMENT FOUNDATION

-HEAD-

Sec. 290h-6. Government corporation control provisions applicable

-STATUTE-

The Foundation shall be subject to the provisions of chapter 91

of title 31 applicable to wholly owned Government corporations.

-SOURCE-

(Pub. L. 96-533, title V, Sec. 508, Dec. 16, 1980, 94 Stat. 3155.)

-COD-

CODIFICATION

"The provisions of chapter 91 of title 31 applicable to wholly

owned Government corporations" substituted in text for "title I of

the Government Corporation Control Act [31 U.S.C. 846 et seq.]" on

authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.

1067, the first section of which enacted Title 31, Money and

Finance.

-End-

-CITE-

22 USC Sec. 290h-7 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIII - AFRICAN DEVELOPMENT FOUNDATION

-HEAD-

Sec. 290h-7. Limitation on spending authority

-STATUTE-

Any authority provided by this subchapter involving the

expenditure of funds (other than the funds made available pursuant

to section 290h-8 of this title) shall be effective for a fiscal

year only to such extent or in such amounts as are provided in

advance in appropriation Acts.

-SOURCE-

(Pub. L. 96-533, title V, Sec. 509, Dec. 16, 1980, 94 Stat. 3155.)

-End-

-CITE-

22 USC Sec. 290h-8 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIII - AFRICAN DEVELOPMENT FOUNDATION

-HEAD-

Sec. 290h-8. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this

subchapter, in addition to amounts otherwise available for that

purpose, $3,872,000 for fiscal year 1986 and $3,872,000 for fiscal

year 1987. Funds appropriated under this section are authorized to

remain available until expended.

-SOURCE-

(Pub. L. 96-533, title V, Sec. 510, Dec. 16, 1980, 94 Stat. 3155;

Pub. L. 97-113, title III, Sec. 313, Dec. 29, 1981, 95 Stat. 1536;

Pub. L. 99-83, title VIII, Sec. 810(a), Aug. 8, 1985, 99 Stat.

264.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-83 amended section generally. Prior to

amendment, section read as follows: "Of the funds appropriated to

carry out part I of the Foreign Assistance Act of 1961, other than

funds appropriated for the Economic Support Fund, not less than

$2,000,000 for the fiscal year 1982 and up to $2,000,000 for the

fiscal year 1983 shall be used to carry out this subchapter."

1981 - Pub. L. 97-113 struck out "for the fiscal year 1981" after

"Of the funds appropriated" and substituted "not less than

$2,000,000 for the fiscal year 1982 and up to $2,000,000 for the

fiscal year 1983" for "$2,000,000".

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section

1301 of Pub. L. 99-83, set out as a note under section 2151-1 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 290h-7 of this title.

-End-

-CITE-

22 USC Sec. 290h-9 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIII - AFRICAN DEVELOPMENT FOUNDATION

-HEAD-

Sec. 290h-9. Repealed. Pub. L. 101-167, title II, Nov. 21, 1989,

103 Stat. 1209

-MISC1-

Section, Pub. L. 96-533, title V, Sec. 511, Dec. 16, 1980, 94

Stat. 3155; Pub. L. 99-83, title VIII, Sec. 810(b), Aug. 8, 1985,

99 Stat. 264, related to expiration of authority of Foundation.

-End-

-CITE-

22 USC SUBCHAPTER XXIV - AFRICAN DEVELOPMENT BANK 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIV - AFRICAN DEVELOPMENT BANK

-HEAD-

SUBCHAPTER XXIV - AFRICAN DEVELOPMENT BANK

-End-

-CITE-

22 USC Sec. 290i 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIV - AFRICAN DEVELOPMENT BANK

-HEAD-

Sec. 290i. Acceptance of membership

-STATUTE-

The President is hereby authorized to accept membership for the

United States in the African Development Bank (hereinafter in this

subchapter referred to as the "Bank") provided for by the agreement

establishing the Bank (hereinafter in this subchapter referred to

as the "agreement") deposited in the archives of the United

Nations.

-SOURCE-

(Pub. L. 97-35, title XIII, Sec. 1332, Aug. 13, 1981, 95 Stat.

741.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

part", meaning part 3 of subtitle B of title XIII of Pub. L. 97-35,

Aug. 13, 1981, 95 Stat. 741, known as the African Development Bank

Act, which enacted this subchapter and amended sections 262d, 262f,

and 276c-2 of this title and section 24 of Title 12, Banks and

Banking. For complete classification of part 3 to the Code, see

Short Title note set out below and Tables.

-MISC1-

EFFECTIVE DATE

Section 1372 of Pub. L. 97-35 provided that: "This subtitle

[subtitle B (Secs. 1311-1372) of title XIII of Pub. L. 97-35,

enacting this subchapter and sections 262g-1 to 262g-3, 283z-2,

284o, 285w, and 286e-1h of this title, amending sections 262d,

262f, 262g, 276c-2, 283w, 283z-1, 285s, 285t, 285u, 286e-1f, and

286u of this title and section 24 of Title 12, Banks and Banking,

repealing section 286e-10 of this title, and enacting provisions

set out as notes under sections 262c, 262g-2, and 290i of this

title] shall take effect upon its enactment [Aug. 13, 1981], except

that funds authorized to be appropriated by any provision contained

in part 1 [enacting section 286e-1h of this title and amending

section 286e-1f of this title] or part 4 [enacting sections 283z-2

and 285w of this title and amending sections 283w, 283z-1, 285s,

285t, and 285u of this title] shall not be available for use or

obligation prior to October 1, 1981."

SHORT TITLE

Section 1331 of Pub. L. 97-35 provided that: "This part [part 3

(Secs. 1331-1342) of subtitle B of title XIII of Pub. L. 97-35,

enacting this subchapter and amending sections 262d, 262f, and

276c-2 of this title and section 24 of Title 12, Banks and Banking]

may be cited as the 'African Development Bank Act'."

-End-

-CITE-

22 USC Sec. 290i-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIV - AFRICAN DEVELOPMENT BANK

-HEAD-

Sec. 290i-1. Governor and Alternate Governor

-STATUTE-

(a) Appointment; term; termination and reappointment

The President, by and with the advice and consent of the Senate,

shall appoint a Governor, an Alternate Governor, and a Director of

the Bank. The term of office for the Governor and the Alternate

Governor shall be five years, subject at any time to termination of

appointment or to reappointment. The Governor and Alternate

Governor shall remain in office until a successor has been

appointed.

(b) Compensation and expenses

No person shall be entitled to receive any salary or other

compensation from the United States for services as a Governor or

Alternate Governor, except for reasonable expenses to attend

meetings of the Board of Governors.

(c) Voting

The Governor, or in the Governor's absence the Alternate

Governor, on the instructions of the President, shall cast the

votes of the United States for the Director to represent the United

States in the Bank.

-SOURCE-

(Pub. L. 97-35, title XIII, Sec. 1333, Aug. 13, 1981, 95 Stat. 741;

Pub. L. 101-513, title V, Sec. 562(b)(3), Nov. 5, 1990, 104 Stat.

2034.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-513 substituted "Governor, an

Alternate Governor, and a Director" for "Governor and an Alternate

Governor".

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (c) delegated to Secretary

of the Treasury, see Ex. Ord. No. 12403, Feb. 8, 1983, 48 F.R.

6087.

-End-

-CITE-

22 USC Sec. 290i-2 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIV - AFRICAN DEVELOPMENT BANK

-HEAD-

Sec. 290i-2. Director or Alternate Director; allowances

-STATUTE-

The Director or Alternate Director representing the United

States, if citizens of the United States, may, in the discretion of

the President, receive such compensation, allowances, and other

benefits as, together with those received from the Bank and from

the African Development Fund, may not exceed those authorized for a

chief of mission under the Foreign Service Act of 1980 [22 U.S.C.

3901 et seq.].

-SOURCE-

(Pub. L. 97-35, title XIII, Sec. 1334, Aug. 13, 1981, 95 Stat.

741.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Service Act of 1980, referred to in text, is Pub. L.

96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is

classified principally to chapter 52 (Sec. 3901 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 3901 of this title and

Tables.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to Secretary

of the Treasury, see Ex. Ord. No. 12403, Feb. 8, 1983, 48 F.R.

6087.

-End-

-CITE-

22 USC Sec. 290i-3 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIV - AFRICAN DEVELOPMENT BANK

-HEAD-

Sec. 290i-3. Applicability of Bretton Woods Agreements Act

-STATUTE-

The provisions of section 4 of the Bretton Woods Agreements Act

(22 U.S.C. 286b) shall apply with respect to the Bank to the same

extent as with respect to the International Bank for Reconstruction

and Development and the International Monetary Fund.

-SOURCE-

(Pub. L. 97-35, title XIII, Sec. 1335, Aug. 13, 1981, 95 Stat. 741;

Pub. L. 101-240, title V, Sec. 541(e)(7), Dec. 19, 1989, 103 Stat.

2519.)

-REFTEXT-

REFERENCES IN TEXT

The Bretton Woods Agreements Act, referred to in section

catchline, is act July 31, 1945, ch. 339, 59 Stat. 512, as amended,

which is classified principally to subchapter XV (Sec. 286 et seq.)

of this chapter. For complete classification of this Act to the

Code, see Short Title note set out under section 286 of this title

and Tables.

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-240 struck out at end "Reports with respect to

the Bank under paragraphs (5) and (6) of section 4 of that Act

shall be included in the first and subsequent reports made

thereunder after the United States accepts membership in the Bank."

-End-

-CITE-

22 USC Sec. 290i-4 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIV - AFRICAN DEVELOPMENT BANK

-HEAD-

Sec. 290i-4. Restrictions

-STATUTE-

(a) (!1) Unless authorized by law, neither the President, nor any

person or agency, shall, on behalf of the United States -

(1) subscribe to additional shares of stock of the Bank;

(2) vote for or agree to any amendment of the agreement which

increases the obligations of the United States, or which changes

the purpose or functions of the Bank; or

(3) make a loan or provide other financing to the Bank, except

that funds for technical assistance may be provided to the Bank

by a United States agency created pursuant to an Act of Congress

which is authorized by law to provide funds to international

organizations.

-SOURCE-

(Pub. L. 97-35, title XIII, Sec. 1336, Aug. 13, 1981, 95 Stat.

742.)

-FOOTNOTE-

(!1) So in original. No subsec. (b) has been enacted.

-End-

-CITE-

22 USC Sec. 290i-5 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIV - AFRICAN DEVELOPMENT BANK

-HEAD-

Sec. 290i-5. Federal Reserve banks as depositories

-STATUTE-

Any Federal Reserve bank which is requested to do so by the Bank

shall act as its depository or as its fiscal agent, and the Board

of Governors of the Federal Reserve System shall supervise and

direct the carrying out of these functions by the Federal Reserve

banks.

-SOURCE-

(Pub. L. 97-35, title XIII, Sec. 1337, Aug. 13, 1981, 95 Stat.

742.)

-End-

-CITE-

22 USC Sec. 290i-6 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIV - AFRICAN DEVELOPMENT BANK

-HEAD-

Sec. 290i-6. Subscription to stock

-STATUTE-

(a) Authorization of United States subscription to stock

The President is authorized to agree to subscribe on behalf of

the United States to twenty-nine thousand eight hundred and twenty

shares of the capital stock of the Bank: Provided, however, That

the subscription shall be effective only to such extent or in such

amounts as are provided in advance in appropriations Acts.

(b) Authorization of appropriations

There is authorized to be appropriated, without fiscal year

limitation, for payment by the Secretary of the Treasury of the

initial United States subscription to twenty-nine thousand eight

hundred and twenty shares of the capital stock of the Bank,

$359,733,570: Provided, however, That not more than $17,986,679 of

such sum may be made available for paid in subscriptions to the

Bank for each of the fiscal years 1982, 1983, and 1984.

(c) Distributions by Bank

Any payment or distributions of moneys from the Bank to the

United States shall be covered into the Treasury as a miscellaneous

receipt.

-SOURCE-

(Pub. L. 97-35, title XIII, Sec. 1338, Aug. 13, 1981, 95 Stat.

742.)

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (a) delegated to Secretary

of the Treasury, see Ex. Ord. No. 12403, Feb. 8, 1983, 48 F.R.

6087.

-End-

-CITE-

22 USC Sec. 290i-7 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIV - AFRICAN DEVELOPMENT BANK

-HEAD-

Sec. 290i-7. Jurisdiction of United States courts

-STATUTE-

For the purposes of any civil action which may be brought within

the United States, its territories or possessions, or the

Commonwealth of Puerto Rico, by or against the Bank in accordance

with the agreement, the Bank shall be deemed to be an inhabitant of

the Federal judicial district in which its principal office within

the United States or its agent appointed for the purpose of

accepting service or notice of service is located, and any such

action to which the Bank shall be a party shall be deemed to arise

under the laws of the United States, and the district courts of the

United States, including the courts enumerated in section 460 of

title 28, shall have original jurisdiction of any such action. When

the Bank is defendant in any action in a State court, it may at any

time before the trial thereof remove the action into the

appropriate district court of the United States by following the

procedure for removal provided in section 1446 of title 28.

-SOURCE-

(Pub. L. 97-35, title XIII, Sec. 1339, Aug. 13, 1981, 95 Stat.

742.)

-End-

-CITE-

22 USC Sec. 290i-8 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIV - AFRICAN DEVELOPMENT BANK

-HEAD-

Sec. 290i-8. Force and effect of agreement

-STATUTE-

Paragraph 5 of article 49, articles 50 through 59, and the other

provisions of the agreement shall have full force and effect in the

United States, its territories and possessions, and the

Commonwealth of Puerto Rico, upon acceptance of membership by the

United States in the Bank. The President, at the time of deposit of

the instrument of acceptance of membership by the United States in

the Bank, shall also deposit a declaration as provided in article

64, paragraph 3, of the agreement that the United States retains

for itself and its political subdivisions the right to tax salaries

and emoluments paid by the Bank to United States citizens or

nationals.

-SOURCE-

(Pub. L. 97-35, title XIII, Sec. 1340, Aug. 13, 1981, 95 Stat.

743.)

-REFTEXT-

REFERENCES IN TEXT

The agreement, referred to in text, is the agreement establishing

the African Development Bank. See section 290i of this title.

-End-

-CITE-

22 USC Sec. 290i-9 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIV - AFRICAN DEVELOPMENT BANK

-HEAD-

Sec. 290i-9. Securities issued by Bank; Securities and Exchange

Commission oversight

-STATUTE-

(a) Treatment as exempt securities; reports to Securities and

Exchange Commission

Any securities issued by the Bank (including any guarantee by the

Bank, whether or not limited in scope) in connection with the

raising of funds for inclusion in the Bank's ordinary capital

resources as defined in article 9 of the agreement and any

securities guaranteed by the Bank as to both principal and interest

to which the commitment in article 7, paragraph 4(a), of the

agreement is expressly applicable, shall be deemed to be exempted

securities within the meaning of sections 77c(a)(2) and 78c(a)(12)

of title 15. The Bank shall file with the Securities and Exchange

Commission such annual and other reports with regard to such

securities as the Commission shall determine to be appropriate in

view of the special character of the Bank and its operations as

necessary in the public interest or for the protection of

investors.

(b) Suspension of provisions; reports to Congress

The Securities and Exchange Commission, acting in consultation

with such agency or officer as the President shall designate, is

authorized to suspend the provisions of subsection (a) of this

section at any time as to any or all securities issued or

guaranteed by the Bank during the period of such suspension. The

Commission shall include in its annual reports to Congress such

information as it shall deem advisable with regard to the

operations and effect of this section and in connection therewith

shall include any views submitted for such purpose by any

association of dealers registered with the Commission.

-SOURCE-

(Pub. L. 97-35, title XIII, Sec. 1341, Aug. 13, 1981, 95 Stat.

743.)

-REFTEXT-

REFERENCES IN TEXT

The agreement, referred to in subsec. (a), is the agreement

establishing the African Development Bank. See section 290i of this

title.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (b) delegated to Secretary

of the Treasury, see Ex. Ord. No. 12403, Feb. 8, 1983, 48 F.R.

6087.

-End-

-CITE-

22 USC Sec. 290i-10 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIV - AFRICAN DEVELOPMENT BANK

-HEAD-

Sec. 290i-10. Authorization of United States subscription to stock;

authorization of appropriations

-STATUTE-

(a) The United States Governor of the Bank is authorized to agree

to subscribe on behalf of the United States to fifty-nine thousand,

six hundred and thirty-two shares of the capital stock of the Bank,

except that the subscription shall be effective only to such extent

or in such amounts as are provided in advance in appropriations

Acts.

(b) In order to pay for the United States subscription authorized

in subsection (a) of this section, there are authorized to be

appropriated, without fiscal year limitation, $719,370,633, for

payment by the Secretary of the Treasury.

-SOURCE-

(Pub. L. 97-35, title XIII, Sec. 1343, as added Pub. L. 100-202,

Sec. 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329-131,

1329-134.)

-COD-

CODIFICATION

Section 1343 of Pub. L. 97-35 is based on section 301 of title

III of H.R. 3750, One Hundredth Congress, as introduced Dec. 11,

1987, and enacted into law by Pub. L. 100-202.

-MISC1-

FIFTH GENERAL CAPITAL INCREASE

Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 594],

Nov. 29, 1999, 113 Stat. 1535, 1501A-122, provided in part that the

Secretary of the Treasury may effect the United States

participation in the fifth general capital increase of the African

Development Bank, and authorized $40,847,011 to be appropriated

without fiscal year limitation for payment by the Secretary for

paid-in capital of the Bank and $639,932,485 to be appropriated

without fiscal year limitation for payment by the Secretary for

callable capital of the Bank.

-End-

-CITE-

22 USC SUBCHAPTER XXV - UNITED STATES-INDIA FUND FOR

CULTURAL, EDUCATIONAL, AND

SCIENTIFIC COOPERATION 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXV - UNITED STATES-INDIA FUND FOR CULTURAL, EDUCATIONAL,

AND SCIENTIFIC COOPERATION

-HEAD-

SUBCHAPTER XXV - UNITED STATES-INDIA FUND FOR CULTURAL,

EDUCATIONAL, AND SCIENTIFIC COOPERATION

-End-

-CITE-

22 USC Sec. 290j 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXV - UNITED STATES-INDIA FUND FOR CULTURAL, EDUCATIONAL,

AND SCIENTIFIC COOPERATION

-HEAD-

Sec. 290j. Establishment of the Fund

-STATUTE-

(a) Agreement with Government of India; program purposes

The President is authorized to enter into an agreement with the

Government of India for the establishment of a fund (hereafter in

this subchapter referred to as the "Fund") which would provide

grants and other assistance for cultural, educational, and

scientific programs of mutual interest. Such programs may include

exchanges of persons, exchanges of information, and other programs

of study, research, and scholarly cooperation. The agreement may

also provide for the establishment of an endowment, a foundation,

or other means to carry out the purposes of the agreement.

(b) United States representatives

The United States representatives on any board or other entity

created in accordance with the agreement to administer the Fund

shall be designated by the President predominately from among

representatives of United States Government agencies, including

those administering programs which may be supported in whole or in

part by the Fund.

(c) Funding of programs

United States Government agencies carrying out programs of the

types specified in subsection (a) of this section may receive

amounts directly from the Fund for use in carrying out those

programs.

-SOURCE-

(Pub. L. 98-164, title IX, Sec. 902, Nov. 22, 1983, 97 Stat. 1051.)

-MISC1-

SHORT TITLE

Section 901 of title IX of Pub. L. 98-164 provided that: "This

title [enacting this subchapter] may be cited as the 'United

States-India Fund for Cultural, Educational, and Scientific

Cooperation Act'."

-EXEC-

EX. ORD. NO. 12517. DELEGATION CONCERNING UNITED STATES-INDIA FUND

FOR CULTURAL, EDUCATIONAL, AND SCIENTIFIC COOPERATION

Ex. Ord. No. 12517, May 29, 1985, 50 F.R. 23105, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States of America, including section 301

of Title 3 of the United States Code, and in order to delegate

certain functions concerning the United States-India Fund for

Cultural, Educational, and Scientific Cooperation to the Secretary

of State, it is hereby ordered as follows:

Section 1. All functions vested in the President by the United

States-India Fund for Cultural, Educational, and Scientific

Cooperation Act (Title IX of Public Law 98-164, 97 Stat. 1051; "the

Act") [22 U.S.C. 290j et seq.] are delegated to the Secretary of

State.

Sec. 2. India rupees provided to the President for purposes of

Title IX of the Act and under Title III of the Departments of

Commerce, Justice, and State, the Judiciary, and Related Agencies

Appropriation Act, 1985 (Public Law 98-411, 98 Stat. 1545) are

allocated to the Secretary of the Treasury for investment to

generate earnings for purposes of Title IX of the Act.

Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 290j-1 of this title.

-End-

-CITE-

22 USC Sec. 290j-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXV - UNITED STATES-INDIA FUND FOR CULTURAL, EDUCATIONAL,

AND SCIENTIFIC COOPERATION

-HEAD-

Sec. 290j-1. Use of United States owned rupees to capitalize the

Fund

-STATUTE-

(a) Subject to applicable requirements concerning reimbursement

to the Treasury for United States owned foreign currencies, the

President may make available to the Fund, for use in carrying out

the agreement authorized by section 290j of this title, up to the

equivalent of $200,000,000 in foreign currencies owned by the

United States in India or owed to the United States by the

Government of India. Such use may include investment in order to

generate interest which would be retained in the Fund and used to

support programs pursuant to that agreement.

(b) In accordance with the agreement negotiated pursuant to

section 290j(a) of this title, sums made available for investment

for the United States-India Fund for Cultural, Educational, and

Scientific Cooperation under the Departments of Commerce, Justice,

and State, and the Judiciary and Related Agencies Appropriation

Act, 1985, and any earnings on such sums shall be available for the

purposes of section 290j(a) of this title.

-SOURCE-

(Pub. L. 98-164, title IX, Sec. 903, Nov. 22, 1983, 97 Stat. 1051;

Pub. L. 99-93, title VIII, Sec. 808, Aug. 16, 1985, 99 Stat. 452;

Pub. L. 100-204, title III, Sec. 305, Dec. 22, 1987, 101 Stat.

1379.)

-REFTEXT-

REFERENCES IN TEXT

The Departments of Commerce, Justice, and State, the Judiciary,

and Related Agencies Appropriation Act, 1985, referred to in

subsec. (b), is Pub. L. 98-411, Aug. 30, 1984, 98 Stat. 1545. For

provisions relating to contribution to the United States-India Fund

for Cultural, Educational, and Scientific Cooperation, see 98 Stat.

1567.

-MISC1-

AMENDMENTS

1987 - Subsec. (b). Pub. L. 100-204 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows:

"Pending completion of the negotiation of an agreement with the

Government of India, the annual earnings generated by the moneys

appropriated by the Departments of Commerce, Justice, and State,

the Judiciary, and Related Agencies Appropriation Act, 1985, may be

used for the purposes set out in section 290j(a) of this title."

1985 - Pub. L. 99-93 designated existing provisions as subsec.

(a) and added subsec. (b).

-End-

-CITE-

22 USC SUBCHAPTER XXVI - MULTILATERAL INVESTMENT

GUARANTEE AGENCY 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVI - MULTILATERAL INVESTMENT GUARANTEE AGENCY

-HEAD-

SUBCHAPTER XXVI - MULTILATERAL INVESTMENT GUARANTEE AGENCY

-End-

-CITE-

22 USC Sec. 290k 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVI - MULTILATERAL INVESTMENT GUARANTEE AGENCY

-HEAD-

Sec. 290k. Acceptance of membership

-STATUTE-

The President is hereby authorized to accept membership for the

United States in the Multilateral Investment Guarantee Agency

(hereinafter in this subchapter referred to as the "Agency")

provided for by the Convention Establishing the Multilateral

Investment Guarantee Agency (hereinafter in this subchapter

referred to as the "Convention") deposited in the archives of the

International Bank for Reconstruction and Development (hereinafter

in this subchapter referred to as the "Bank").

-SOURCE-

(Pub. L. 100-202, Sec. 101(e) [title I], Dec. 22, 1987, 101 Stat.

1329-131, 1329-134.)

-COD-

CODIFICATION

Section is based on section 403 of title IV of H.R. 3750, One

Hundredth Congress, as introduced Dec. 11, 1987, and enacted into

law by Pub. L. 100-202.

Section 402 of title IV of H.R. 3750, as introduced Dec. 11,

1987, and as enacted into law by section 101(e) [title I] of Pub.

L. 100-202, provided that: "This title [enacting this subchapter]

shall be codified as subchapter XXVI of chapter 7 of title 22 of

the United States Code."

-MISC1-

SHORT TITLE

Section 401 of title IV of H.R. 3750, as introduced Dec. 11,

1987, and as enacted into law by section 101(e) [title I] of Pub.

L. 100-202, provided that: "This title [enacting this subchapter]

may be cited as the 'Multilateral Investment Guarantee Agency

Act'."

-End-

-CITE-

22 USC Sec. 290k-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVI - MULTILATERAL INVESTMENT GUARANTEE AGENCY

-HEAD-

Sec. 290k-1. Governor and Alternate Governor

-STATUTE-

The Governor and Alternate Governor of the Bank, appointed under

section 286a of this title, shall serve as Governor and Alternate

Governor, respectively, of the Agency.

-SOURCE-

(Pub. L. 100-202, Sec. 101(e) [title I], Dec. 22, 1987, 101 Stat.

1329-131, 1329-134.)

-COD-

CODIFICATION

Section is based on section 404 of title IV of H.R. 3750, One

Hundredth Congress, as introduced Dec. 11, 1987, and enacted into

law by Pub. L. 100-202.

-End-

-CITE-

22 USC Sec. 290k-2 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVI - MULTILATERAL INVESTMENT GUARANTEE AGENCY

-HEAD-

Sec. 290k-2. Instructions for United States Director

-STATUTE-

Immediately after taking office and prior to the issuance by the

Agency of its first guarantee, the United States Director of the

Agency shall propose and actively seek the adoption by the Board of

Directors of policies and procedures under which the Agency will

not issue guarantees in respect of any proposed investment that

would -

(1) be in any country which has not taken or is not taking

steps to afford internationally recognized workers' rights to

workers in that country;

(2) be subject to trade-distorting performance requirements

imposed by the host country that are likely to result in a

significant net reduction in -

(A) employment in the United States or other member

countries; or

(B) other trade benefits likely to accrue to the United

States or other member countries from the investment; or

(3) increase a country's productive capacity in an industry

already facing excess worldwide capacity for the same, similar or

competing product, and cause substantial injury to producers of

such product in another member country.

-SOURCE-

(Pub. L. 100-202, Sec. 101(e) [title I], Dec. 22, 1987, 101 Stat.

1329-131, 1329-134.)

-COD-

CODIFICATION

Section is based on section 405 of title IV of H.R. 3750, One

Hundredth Congress, as introduced Dec. 11, 1987, and enacted into

law by Pub. L. 100-202.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 290k-3 of this title.

-End-

-CITE-

22 USC Sec. 290k-3 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVI - MULTILATERAL INVESTMENT GUARANTEE AGENCY

-HEAD-

Sec. 290k-3. Opposition to certain guarantees or investment

promotions; independent evaluation of guaranteed investments

-STATUTE-

Consistent with the purposes of section 290k-2 of this title, the

Secretary of the Treasury shall -

(1) instruct the United States Director to oppose, and to

actively seek the concurrence of other members of the Board of

Directors in opposing, any guarantee or other investment

promotion under consideration by the Agency if the proposed

investment would -

(A) be in any country which is not a beneficiary developing

country for purposes of title V of the Trade Act of 1974 [19

U.S.C. 2461 et seq.] because it has not taken or is not taking

steps to afford internationally-recognized workers' rights to

workers in that country;

(B) be subject to trade-distorting performance requirements

imposed by the host country that are likely to result in a

significant net reduction in -

(i) employment in the United States; or

(ii) other trade benefits likely to accrue to the United

States from the investment; or

(C) likely increase a country's productive capacity in an

industry already facing excess worldwide capacity for the same,

similar or competing product, and cause substantial injury to

producers of such products in the United States; and

(2) within 12 months after the United States becomes a member

of the Agency and each year thereafter for the 3 succeeding

years, conduct an independent evaluation of the United States

investments which have been guaranteed by the Agency to determine

-

(A) the anticipated net impact of such investments on

employment in and exports from the United States, and

(B) the extent to which such investments were made in

countries which had not taken or are not taking steps to afford

internationally-recognized workers' rights to workers in those

countries.

In the course of conducting each evaluation required under

paragraph (2), the Secretary shall actively solicit and take into

account the views of United States labor organizations. The

Secretary shall furnish a copy of each such evaluation on its

completion to the Congress.

-SOURCE-

(Pub. L. 100-202, Sec. 101(e) [title I], Dec. 22, 1987, 101 Stat.

1329-131, 1329-134.)

-REFTEXT-

REFERENCES IN TEXT

The Trade Act of 1974, referred to in par. (1)(A), is Pub. L.

93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Title V of the

Trade Act of 1974 is classified generally to subchapter V (Sec.

2461 et seq.) of chapter 12 of Title 19, Customs Duties. For

complete classification of this Act to the Code, see section 2101

of Title 19 and Tables.

-COD-

CODIFICATION

Section is based on section 406 of title IV of H.R. 3750, One

Hundredth Congress, as introduced Dec. 11, 1987, and enacted into

law by Pub. L. 100-202.

-End-

-CITE-

22 USC Sec. 290k-4 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVI - MULTILATERAL INVESTMENT GUARANTEE AGENCY

-HEAD-

Sec. 290k-4. Consultation with representatives of private sector

and of labor organizations on Agency policy directions and

operations

-STATUTE-

Recognizing that United States participation in the Agency

represents an effort to enhance United States trade prospects and

strengthen the role of the United States private sector in the

development process, the Secretary of the Treasury shall ensure

regular and continuing consultations with United States private

sector representatives and representatives of United States labor

organizations, through appropriate mechanisms, on policy directions

and operations of the Agency, and shall take account of those

consultations in determining the policies of the United States

toward the Agency.

-SOURCE-

(Pub. L. 100-202, Sec. 101(e) [title I], Dec. 22, 1987, 101 Stat.

1329-131, 1329-134.)

-COD-

CODIFICATION

Section is based on section 407 of title IV of H.R. 3750, One

Hundredth Congress, as introduced Dec. 11, 1987, and enacted into

law by Pub. L. 100-202.

-End-

-CITE-

22 USC Sec. 290k-5 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVI - MULTILATERAL INVESTMENT GUARANTEE AGENCY

-HEAD-

Sec. 290k-5. Applicability of Bretton Woods Agreements Act

-STATUTE-

The provisions of section 286b of this title shall apply with

respect to the Agency to the same extent as with respect to the

Bank and the International Monetary Fund.

-SOURCE-

(Pub. L. 100-202, Sec. 101(e) [title I], Dec. 22, 1987, 101 Stat.

1329-131, 1329-134; Pub. L. 101-240, title V, Sec. 541(e)(5), Dec.

19, 1989, 103 Stat. 2518.)

-REFTEXT-

REFERENCES IN TEXT

The Bretton Woods Agreements Act, referred to in section

catchline, is act July 31, 1945, ch. 339, 59 Stat. 512, as amended,

which is classified principally to subchapter XV (Sec. 286 et seq.)

of this chapter. For complete classification of this Act to the

Code, see Short Title note set out under section 286 of this title

and Tables.

-COD-

CODIFICATION

Section is based on section 408 of title IV of H.R. 3750, One

Hundredth Congress, as introduced Dec. 11, 1987, and enacted into

law by Pub. L. 100-202.

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-240 struck out at end "Reports with respect to

the Agency under paragraphs (5) and (6) of section 286b(b) of this

title shall be included in the reports made thereunder after the

United States accepts membership in the Agency."

-End-

-CITE-

22 USC Sec. 290k-6 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVI - MULTILATERAL INVESTMENT GUARANTEE AGENCY

-HEAD-

Sec. 290k-6. Restrictions

-STATUTE-

Unless authorized by law, neither the President nor any person or

agency shall, on behalf of the United States -

(1) subscribe to additional shares of stock of the Agency;

(2) vote for or agree to any amendment of the Convention which

increases the obligations of the United States, or which changes

the purpose or functions of the Agency; or

(3) make a loan or provide other financing to the Agency.

-SOURCE-

(Pub. L. 100-202, Sec. 101(e) [title I], Dec. 22, 1987, 101 Stat.

1329-131, 1329-134.)

-COD-

CODIFICATION

Section is based on section 409 of title IV of H.R. 3750, One

Hundredth Congress, as introduced Dec. 11, 1987, and enacted into

law by Pub. L. 100-202.

-End-

-CITE-

22 USC Sec. 290k-7 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVI - MULTILATERAL INVESTMENT GUARANTEE AGENCY

-HEAD-

Sec. 290k-7. Federal Reserve banks as depositories

-STATUTE-

Any Federal Reserve bank that is requested to do so by the Agency

shall act as its depository or as its fiscal agent, and the Board

of Governors of the Federal Reserve System shall supervise and

direct the carrying out of these functions by the Federal Reserve

banks.

-SOURCE-

(Pub. L. 100-202, Sec. 101(e) [title I], Dec. 22, 1987, 101 Stat.

1329-131, 1329-134.)

-COD-

CODIFICATION

Section is based on section 410 of title IV of H.R. 3750, One

Hundredth Congress, as introduced Dec. 11, 1987, and enacted into

law by Pub. L. 100-202.

-End-

-CITE-

22 USC Sec. 290k-8 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVI - MULTILATERAL INVESTMENT GUARANTEE AGENCY

-HEAD-

Sec. 290k-8. Subscription of stock

-STATUTE-

(a) Authority of Secretary of the Treasury

The Secretary of the Treasury is authorized to subscribe on

behalf of the United States to 20,519 shares of the capital stock

of the Agency, except that the subscription shall be effective only

to such extent or in such amounts as are provided in advance in

appropriations Acts.

(b) Authorization of appropriations

In order to pay for United States subscription authorized in

subsection (a) of this section, there are authorized to be

appropriated, without fiscal year limitation, $222,015,580, for

payment by the Secretary of the Treasury.

(c) Dividends deposited into Treasury

Any payment of dividends made to the United States by the Agency

shall be deposited into the Treasury as a miscellaneous receipt.

-SOURCE-

(Pub. L. 100-202, Sec. 101(e) [title I], Dec. 22, 1987, 101 Stat.

1329-131, 1329-134.)

-COD-

CODIFICATION

Section is based on section 411 of title IV of H.R. 3750, One

Hundredth Congress, as introduced Dec. 11, 1987, and enacted into

law by Pub. L. 100-202.

-MISC1-

FIRST GENERAL CAPITAL INCREASE

Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 594],

Nov. 29, 1999, 113 Stat. 1535, 1501A-122, provided in part that the

Secretary of the Treasury may effect the United States

participation in the first general capital increase of the

Multilateral Investment Guarantee Agency and authorized $29,870,087

to be appropriated without fiscal year limitation for payment by

the Secretary for paid-in capital of the Agency and $139,365,533 to

be appropriated without fiscal year limitation for payment by the

Secretary for callable capital of the Agency.

-End-

-CITE-

22 USC Sec. 290k-9 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVI - MULTILATERAL INVESTMENT GUARANTEE AGENCY

-HEAD-

Sec. 290k-9. Jurisdiction of United States courts and enforcement

of arbitral awards

-STATUTE-

For the purposes of any civil action which may be brought within

the United States, its territories or possessions, or the

Commonwealth of Puerto Rico, by or against the Agency in accordance

with the Convention, including an action brought to enforce an

arbitral award against the Agency, the Agency shall be deemed to be

an inhabitant of the Federal judicial district in which its

principal office within the United States or its agent appointed

for the purpose of accepting service or notice of service is

located, and any such action to which the Agency shall be a party

shall be deemed to arise under the laws of the United States, and

the district courts of the United States, including the courts

enumerated in section 460 of title 28, shall have original

jurisdiction of any such action. When the Agency is a defendant in

any action in a State court, it may at any time before the trial

thereof remove the action into the appropriate district court of

the United States by following the procedure for removal provided

in section 1446 of title 28.

-SOURCE-

(Pub. L. 100-202, Sec. 101(e) [title I], Dec. 22, 1987, 101 Stat.

1329-131, 1329-134.)

-COD-

CODIFICATION

Section is based on section 412 of title IV of H.R. 3750, One

Hundredth Congress, as introduced Dec. 11, 1987, and enacted into

law by Pub. L. 100-202.

-End-

-CITE-

22 USC Sec. 290k-10 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVI - MULTILATERAL INVESTMENT GUARANTEE AGENCY

-HEAD-

Sec. 290k-10. Effectiveness of Convention

-STATUTE-

Articles 43 through 48, inclusive, of the Convention shall have

full force and effect in the United States, its territories and

possessions, and the Commonwealth of Puerto Rico, upon the entry

into force of the Convention for the United States.

-SOURCE-

(Pub. L. 100-202, Sec. 101(e) [title I], Dec. 22, 1987, 101 Stat.

1329-131, 1329-134.)

-COD-

CODIFICATION

Section is based on section 413 of title IV of H.R. 3750, One

Hundredth Congress, as introduced Dec. 11, 1987, and enacted into

law by Pub. L. 100-202.

-End-

-CITE-

22 USC Sec. 290k-11 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVI - MULTILATERAL INVESTMENT GUARANTEE AGENCY

-HEAD-

Sec. 290k-11. Arbitral awards; enforcement; full faith and credit;

Federal Arbitration Act inapplicable; exclusiveness of district

court jurisdiction

-STATUTE-

(a) An award of an arbitral tribunal resolving a dispute arising

under Article 57 or Article 58 of the Convention shall create a

right arising under a treaty of the United States. The pecuniary

obligations imposed by such an award shall be enforced and shall be

given the same full faith and credit as if the award were a final

judgment of a court of general jurisdiction of one of the several

States. The Federal Arbitration Act (9 U.S.C. 1, et seq.) shall not

apply to enforcement of awards rendered pursuant to the Convention.

(b) The district courts of the United States (including the

courts enumerated in section 460 of title 28) shall have exclusive

jurisdiction over actions and proceedings under subsection (a) of

this section, regardless of the amount in controversy.

-SOURCE-

(Pub. L. 100-202, Sec. 101(e) [title I], Dec. 22, 1987, 101 Stat.

1329-131, 1329-134.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Arbitration Act, referred to in subsec. (a), is

classified generally to Title 9, Arbitration.

-COD-

CODIFICATION

Section is based on section 414 of title IV of H.R. 3750, One

Hundredth Congress, as introduced Dec. 11, 1987, and enacted into

law by Pub. L. 100-202.

-End-

-CITE-

22 USC SUBCHAPTER XXVII - EUROPEAN BANK FOR

RECONSTRUCTION AND

DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVII - EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

-HEAD-

SUBCHAPTER XXVII - EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

-End-

-CITE-

22 USC Sec. 290l 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVII - EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

-HEAD-

Sec. 290g742l. Acceptance of membership

-STATUTE-

The President is hereby authorized to accept membership for the

United States in the European Bank for Reconstruction and

Development (in this subchapter referred to as the "Bank") provided

for by the agreement establishing the Bank (in this subchapter

referred to as the "Agreement"), signed on May 29, 1990.

-SOURCE-

(Pub. L. 101-513, title V, Sec. 562(c)(2), Nov. 5, 1990, 104 Stat.

2034.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

subsection" meaning subsection (c) of section 562 of Pub. L.

101-513, title V, Nov. 5, 1990, 104 Stat. 2034, which is classified

principally to this subchapter. For complete classification of

subsection (c) to the Code, see Short Title note set out below and

Tables.

-MISC1-

SHORT TITLE

Section 562(c)(1) of Pub. L. 101-513 provided that: "This

subsection [enacting this subchapter and amending sections 262r and

276c-2 of this title and section 24 of Title 12, Banks and Banking]

may be cited as the 'European Bank for Reconstruction and

Development Act'."

-End-

-CITE-

22 USC Sec. 290l-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVII - EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

-HEAD-

Sec. 290g742l-1. Governor and alternate Governor

-STATUTE-

(a) Appointment

The President, by and with the advice and consent of the Senate,

shall appoint a Governor of the Bank, an alternate for the

Governor, and a Director of the Bank.

(b) Compensation

Any person who serves as a Governor of the Bank or as an

alternate for the Governor may not receive any salary or other

compensation from the United States by reason of such service.

-SOURCE-

(Pub. L. 101-513, title V, Sec. 562(c)(3), Nov. 5, 1990, 104 Stat.

2034.)

-COD-

CODIFICATION

Subsecs. (a) and (b) were in the original (A) and (B),

respectively, and were editorially redesignated for purposes of

codification.

-End-

-CITE-

22 USC Sec. 290l-2 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVII - EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

-HEAD-

Sec. 290g742l-2. Applicability of certain provisions of Bretton

Woods Agreements Act

-STATUTE-

Section 286b of this title shall apply to the Bank in the same

manner in which such section applies to the International Bank for

Reconstruction and Development and the International Monetary Fund.

-SOURCE-

(Pub. L. 101-513, title V, Sec. 562(c)(4), Nov. 5, 1990, 104 Stat.

2034.)

-REFTEXT-

REFERENCES IN TEXT

The Bretton Woods Agreements Act, referred to in section

catchline, is act July 31, 1945, ch. 339, 59 Stat. 512, as amended,

which is classified principally to subchapter XV (Sec. 286 et seq.)

of this chapter. For complete classification of this Act to the

Code, see Short Title note set out under section 286 of this title

and Tables.

-End-

-CITE-

22 USC Sec. 290l-3 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVII - EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

-HEAD-

Sec. 290g742l-3. Federal Reserve banks as depositories

-STATUTE-

Any Federal Reserve Bank (!1) which is requested to do so by the

Bank may act as its depository, or as its fiscal agent, and the

Board of Governors of the Federal Reserve System shall exercise

general supervision over the carrying out of these functions.

-SOURCE-

(Pub. L. 101-513, title V, Sec. 562(c)(5), Nov. 5, 1990, 104 Stat.

2034.)

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

22 USC Sec. 290l-4 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVII - EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

-HEAD-

Sec. 290g742l-4. Subscription of stock

-STATUTE-

(a) Subscription authority

(1) In general

The Secretary of the Treasury may subscribe on behalf of the

United States to 100,000 shares of the capital stock of the Bank.

(2) Effectiveness of subscription commitment

Any commitment to make such subscription shall be effective

only to such extent or in such amounts as are provided for in

advance by appropriations Acts.

(b) Limitations on authorization of appropriations

For payment by the Secretary of the Treasury of the subscription

of the United States for shares described in subsection (a) of this

section, there are authorized to be appropriated $1,167,010,000

without fiscal year limitation.

(c) Disposition of net income distributions by Bank

Any payment made to the United States by the Bank as a

distribution of net income shall be covered into the Treasury as a

miscellaneous receipt.

-SOURCE-

(Pub. L. 101-513, title V, Sec. 562(c)(6), Nov. 5, 1990, 104 Stat.

2034.)

-COD-

CODIFICATION

Subsecs. (a) to (c) were in the original (A) to (C),

respectively, and pars. (1) and (2) of subsec. (a) were in the

original (i) and (ii), respectively, and were editorially

redesignated for purposes of codification.

-MISC1-

FIRST GENERAL CAPITAL INCREASE

Pub. L. 105-118, title V, Sec. 560(a), Nov. 26, 1997, 111 Stat.

2425, provided in part that the Secretary of the Treasury may, to

effect the United States participation in the first general capital

increase of the European Bank for Reconstruction and Development,

subscribe to and make payment for 100,000 additional shares of the

capital stock of the Bank on behalf of the United States, and

authorized $285,772,500 for paid-in capital and $984,327,500 for

callable capital of the European Bank for Reconstruction and

Development to be appropriated without fiscal year limitation,

subject to obtaining the necessary appropriations.

-End-

-CITE-

22 USC Sec. 290l-5 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVII - EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

-HEAD-

Sec. 290g742l-5. Jurisdiction and venue of civil actions by or

against Bank

-STATUTE-

(a) Jurisdiction

The United States district courts shall have original and

exclusive jurisdiction of any civil action brought in the United

States by or against the Bank.

(b) Venue

For purposes of section 1391(b) of title 28, the Bank shall be

deemed to be a resident of the judicial district in which the

principal office of the Bank in the United States, or its agent

appointed for the purpose of accepting service or notice of

service, is located.

-SOURCE-

(Pub. L. 101-513, title V, Sec. 562(c)(7), Nov. 5, 1990, 104 Stat.

2035.)

-COD-

CODIFICATION

Subsecs. (a) and (b) were in the original (A) and (B),

respectively, and were editorially redesignated for purposes of

codification.

-End-

-CITE-

22 USC Sec. 290l-6 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVII - EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

-HEAD-

Sec. 290g742l-6. Effectiveness of Agreement

-STATUTE-

The Agreement shall have full force and effect in the United

States, its territories and possessions, and the Commonwealth of

Puerto Rico, upon acceptance of membership by the United States in

the Bank and the entry into force of the Agreement.

-SOURCE-

(Pub. L. 101-513, title V, Sec. 562(c)(8), Nov. 5, 1990, 104 Stat.

2035.)

-End-

-CITE-

22 USC Sec. 290l-7 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVII - EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

-HEAD-

Sec. 290g742l-7. Exemption from securities laws for certain

securities issued by Bank; reports required

-STATUTE-

(a) Exemption from securities laws; reports to Securities and

Exchange Commission

Any securities issued by the Bank (including any guaranty by the

Bank, whether or not limited in scope) in connection with the

raising of funds for inclusion in the Bank's ordinary capital

resources as defined in article 7 of the Agreement and any

securities guaranteed by the Bank as to both principal and interest

to which the commitment in article 6, paragraph 4, of the Agreement

is expressly applicable, shall be deemed to be exempted securities

within the meaning of section 77c(a)(2) of title 15 and section

78c(a)(12) of title 15. The Bank shall file with the Securities and

Exchange Commission such annual and other reports with regard to

such securities as the Commission shall determine to be appropriate

in view of the special character of the Bank and its operations and

necessary in the public interest or for the protection of

investors.

(b) Authority of Securities and Exchange Commission to suspend

exemption; reports to Congress

The Securities and Exchange Commission, acting in consultation

with such agency or officer as the President shall designate, may

suspend the provisions of subsection (a) of this section at any

time as to any or all securities issued or guaranteed by the Bank

during the period of such suspension. The Commission shall include

in its annual reports to the Congress such information as it shall

deem advisable with regard to the operations and effect of this

section.

-SOURCE-

(Pub. L. 101-513, title V, Sec. 562(c)(9), Nov. 5, 1990, 104 Stat.

2035.)

-COD-

CODIFICATION

Subsecs. (a) and (b) were in the original (A) and (B),

respectively, and were editorially redesignated for purposes of

codification.

-End-

-CITE-

22 USC Sec. 290l-8 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVII - EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

-HEAD-

Sec. 290g742l-8. Congressional consultations

-STATUTE-

During negotiations on the establishment of operational

guidelines for the Bank, the Secretary of the Treasury shall -

(A) consult on a regular and timely basis with the Committee on

Banking, Finance and Urban Affairs and the Committee on

Appropriations of the House of Representatives, and the Committee

on Foreign Relations and the Committee on Appropriations of the

Senate;

(B) seek to ensure that procedures and mechanisms are

established, including the creation of specific departments or

staffs within the Bank, which will allow the Bank to assess the

impact of any loans, guarantees, or other activities on the

environment and on internationally recognized human rights in

borrower countries; and

(C) report, through consultation within 90 days after November

5, 1990, to the Committees specified in subparagraph (A) on the

progress of efforts to create such procedures and mechanisms.

-SOURCE-

(Pub. L. 101-513, title V, Sec. 562(c)(11), Nov. 5, 1990, 104 Stat.

2036.)

-CHANGE-

CHANGE OF NAME

Committee on Banking, Finance and Urban Affairs of House of

Representatives treated as referring to Committee on Banking and

Financial Services of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress. Committee on Banking and Financial Services of House

of Representatives abolished and replaced by Committee on Financial

Services of House of Representatives, and jurisdiction over matters

relating to securities and exchanges and insurance generally

transferred from Committee on Energy and Commerce of House of

Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC1-

GOALS IN NEGOTIATIONS CONCERNING STRUCTURE, BYLAWS, AND OPERATING

PROCEDURES OF BANK

Section 584 of Pub. L. 101-513 provided that: "In all

negotiations concerning the structure, bylaws, and operating

procedures of the European Bank for Reconstruction and Development

(EBRD), the Secretary of the Treasury shall vigorously seek -

"(1) establishment of procedures for environmental assessment

of all proposed operations with potentially significant

environmental impacts;

"(2) establishment of an environmental unit with sufficient

staff to review proposed operations, monitor compliance with

environmental provisions, and provide overall policy guidance;

"(3) establishment of procedures for systematic consultation

with and involvement of the public and interested nongovernmental

organizations, including an opportunity for comment by local

communities which may be affected by EBRD operations and

establishment of a system of public notification and comment

during the development of EBRD policies and operating procedures;

and

"(4) agreement that a significant portion of the EBRD's funds

shall be devoted to projects focused on environmental restoration

and protection."

-End-

-CITE-

22 USC SUBCHAPTER XXVIII - NORTH AMERICAN DEVELOPMENT

BANK AND RELATED

PROVISIONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVIII - NORTH AMERICAN DEVELOPMENT BANK AND RELATED

PROVISIONS

-HEAD-

SUBCHAPTER XXVIII - NORTH AMERICAN DEVELOPMENT BANK AND RELATED

PROVISIONS

-End-

-CITE-

22 USC Sec. 290m 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVIII - NORTH AMERICAN DEVELOPMENT BANK AND RELATED

PROVISIONS

-HEAD-

Sec. 290m. North American Development Bank

-STATUTE-

(a) Acceptance of membership

The President is hereby authorized to accept membership for the

United States in the North American Development Bank (hereafter in

this subchapter referred to as the "Bank") provided for in Chapter

II of the Border Environment Cooperation Agreement (hereafter in

this subchapter referred to as the "Cooperation Agreement").

(b) Subscription of stock

(1) Subscription authority

(A) In general

The Secretary of the Treasury may subscribe on behalf of the

United States up to 150,000 shares of the capital stock of the

Bank.

(B) Effectiveness of subscription

Except as provided in paragraph (3), any such subscription

shall be effective only to such extent or in such amounts as

are provided in advance in appropriations Acts.

(2) Limitations on authorization of appropriations

For payment by the Secretary of the Treasury of the

subscription of the United States for shares described in

paragraph (1), there are authorized to be appropriated

$1,500,000,000 ($225,000,000 of which may be used for paid-in

capital and $1,275,000,000 of which may be used for callable

capital) without fiscal year limitation.

(3) Funding; limitation on callable capital subscriptions

(A) Funding

For fiscal year 1995, the Secretary of the Treasury shall pay

to the Bank out of any sums in the Treasury not otherwise

appropriated the sum of $56,250,000 for the paid-in portion of

the United States share of the capital stock of the Bank, 10

percent of which may be transferred by the Bank to the

President pursuant to section 290m-2 of this title to pay for

the cost of direct and guaranteed Federal loans.

(B) Limitation on callable capital subscriptions

For fiscal year 1995, the Secretary of the Treasury shall

subscribe to the callable capital portion of the United States

share of the capital stock of the Bank in an amount not to

exceed $318,750,000.

(4) Disposition of net income distributed by the facility

Any payment made to the United States by the Bank as a

distribution of net income shall be covered into the Treasury as

a miscellaneous receipt.

(c) Compensation of Board members

No person shall be entitled to receive any salary or other

compensation from the Bank or the United States for services as a

Board member.

(d) Applicability of Bretton Woods Agreements Act

The provisions of section 4 of the Bretton Woods Agreements Act

[22 U.S.C. 286b] shall apply with respect to the Bank to the same

extent as with respect to the International Bank for Reconstruction

and Development and the International Monetary Fund.

(e) Restrictions

Unless authorized by law, neither the President nor any person or

agency shall, on behalf of the United States -

(1) subscribe to additional shares of stock of the Bank;

(2) vote for or agree to any amendment of the Cooperation

Agreement which increases the obligations of the United States,

or which changes the purpose or functions of the Bank; or

(3) make a loan or provide other financing to the Bank.

(f) Federal Reserve banks as depositories

Any Federal Reserve bank that is requested to do so by the Bank

shall act as its depository or as its fiscal agent, and the Board

of Governors of the Federal Reserve System shall supervise and

direct the carrying out of these functions by the Federal Reserve

banks.

(g) Jurisdiction of United States courts and enforcement of

arbitral awards

For the purpose of any civil action which may be brought within

the United States, its territories or possessions, or the

Commonwealth of Puerto Rico, by or against the Bank in accordance

with the Cooperation Agreement, including an action brought to

enforce an arbitral award against the Bank, the Bank shall be

deemed to be an inhabitant of the Federal judicial district in

which its principal office within the United States or its agency

appointed for the purpose of accepting service or notice of service

is located, and any such action to which the Bank shall be a party

shall be deemed to arise under the laws of the United States, and

the district courts of the United States, including the courts

enumerated in section 460 of title 28, shall have original

jurisdiction of any such action. When the Bank is a defendant in

any action in a State court, it may at any time before trial remove

the action into the appropriate district court of the United States

by following the procedure for removal provided in section 1446 of

title 28.

(h) Exemption from securities laws for certain securities issued by

Bank; reports required

(1) Omitted

(2) Exemption from securities laws for certain securities issued

by the Bank; reports required

Any securities issued by the Bank (including any guarantee by

the Bank, whether or not limited in scope) in connection with the

raising of funds for inclusion in the Bank's capital resources as

defined in Section 4 of Article II of Chapter II of the

Cooperation Agreement, and any securities guaranteed by the Bank

as to both the principal and interest to which the commitment in

Section 3(d) of Article II of Chapter II of the Cooperation

Agreement is expressly applicable, shall be deemed to be exempted

securities within the meaning of section 77c(a)(2) of title 15,

and section 78c(a)(12) of title 15. The Bank shall file with the

Securities and Exchange Commission such annual and other reports

with regard to such securities as the Commission shall determine

to be appropriate in view of the special character of the Bank

and its operations and necessary in the public interest or for

the protection of investors.

(3) Authority of Securities and Exchange Commission to suspend

exemption; reports to the Congress

The Securities and Exchange Commission, acting in consultation

with the National Advisory Council on International Monetary and

Financial Problems, is authorized to suspend the provisions of

paragraph (2) at any time as to any or all securities issued or

guaranteed by the Bank during the period of such suspension. The

Commission shall include in its annual reports to Congress such

information as it shall deem advisable with regard to the

operations and effect of this subsection and in connection

therewith shall include any views submitted for such purpose by

any association of dealers registered with the Commission.

-SOURCE-

(Pub. L. 103-182, title V, Sec. 541, Dec. 8, 1993, 107 Stat. 2165.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (a), was in the original

"this part" meaning part 2 of subtitle D of title V of Pub. L.

103-182, which enacted this subchapter and amended section 24 of

Title 12, Banks and Banking. For complete classification of part 2

to the Code, see Tables.

-COD-

CODIFICATION

Section is comprised of section 541 of Pub. L. 103-182. Subsec.

(h)(1) of section 541 amended section 24 of Title 12, Banks and

Banking.

-End-

-CITE-

22 USC Sec. 290m-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVIII - NORTH AMERICAN DEVELOPMENT BANK AND RELATED

PROVISIONS

-HEAD-

Sec. 290m-1. Status, immunities, and privileges

-STATUTE-

Article VIII of Chapter II of the Cooperation Agreement shall

have full force and effect in the United States, its territories

and possessions, and the Commonwealth of Puerto Rico, upon entry

into force of the Cooperation Agreement.

-SOURCE-

(Pub. L. 103-182, title V, Sec. 542, Dec. 8, 1993, 107 Stat. 2167.)

-End-

-CITE-

22 USC Sec. 290m-2 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVIII - NORTH AMERICAN DEVELOPMENT BANK AND RELATED

PROVISIONS

-HEAD-

Sec. 290m-2. Community adjustment and investment program

-STATUTE-

(a) The President

(1) The President may enter into an agreement with the Bank that

facilitates implementation by the President of a program for

community adjustment and investment in support of the Agreement

pursuant to chapter II of the Cooperation Agreement (hereafter in

this section referred to as the "community adjustment and

investment program").

(2) The President may receive from the Bank 10 percent of the

paid-in capital actually paid to the Bank by the United States for

the President to carry out, without further appropriations, through

Federal agencies and their loan and loan guarantee programs, the

community adjustment and investment program, pursuant to an

agreement between the President and the Bank.

(3) The President may select one or more Federal agencies that

make loans or guarantee the repayment of loans to assist in

carrying out the community adjustment and investment program, and

may transfer the funds received from the Bank to such agency or

agencies for the purpose of assisting in carrying out the community

adjustment and investment program.

(4)(A) Each Federal agency selected by the President to assist in

carrying out the community adjustment and investment program shall

use the funds transferred to it by the President from the Bank to

pay for the costs of direct and guaranteed loans, as defined in

section 661a of title 2, and, as appropriate, other costs

associated with such loans, all subject to the restrictions and

limitations that apply to such agency's existing loan or loan

guarantee program.

(B) Funds transferred to an agency under subparagraph (A) shall

be in addition to the amount of funds authorized in any

appropriations Act to be expended by that agency for its loan or

loan guarantee program.

(5) The President shall -

(A) establish guidelines for the loans and loan guarantees to

be made under the community adjustment and investment program;

(B) endorse the grants made by the Bank for the community

adjustment and investment program, as provided in Article I,

section 1(b), and Article III, section 11(a), of Chapter II of

the Cooperation Agreement; and

(C) endorse any loans or guarantees made by the Bank for the

community adjustment and investment program, as provided in

Article I, section 1(b), and Article III, section 6(a) and (c) of

Chapter II of the Cooperation Agreement.

(b) Advisory Committee

(1) Establishment

The President shall establish an advisory committee to be known

as the Community Adjustment and Investment Program Advisory

Committee (in this section referred to as the "Advisory

Committee") in accordance with the provisions of the Federal

Advisory Committee Act.

(2) Membership

(A) In general

The Advisory Committee shall consist of 9 members of the

public, appointed by the President, who, collectively,

represent -

(i) community groups whose constituencies include

low-income families;

(ii) any scientific, professional, business, nonprofit, or

public interest organization or association which is neither

affiliated with, nor under the direction of, a government;

(iii) for-profit business interests; and

(iv) other appropriate entities with relevant expertise.

(B) Representation

Each of the categories described in clauses (i) through (iv)

of subparagraph (A) shall be represented by no fewer than 1 and

no more than 3 members of the Advisory Committee.

(3) Function

It shall be the function of the Advisory Committee -

(A) to provide advice to the President regarding the

implementation of the community adjustment and investment

program, including advice on the guidelines to be established

by the President for the loans and loan guarantees to be made

pursuant to subsection (a)(4) of this section, advice on

identifying the needs for adjustment assistance and investment

in support of the goals and objectives of the Agreement, taking

into account economic and geographic considerations, and advice

on such other matters as may be requested by the President; and

(B) to review on a regular basis the operation of the

community adjustment and investment program and provide the

President with the conclusions of its review.

(4) Terms of members

(A) In general

Each member of the Advisory Committee shall serve at the

pleasure of the President.

(B) Chairperson

The President shall appoint a chairperson from among the

members of the Advisory Committee.

(C) Meetings

The Advisory Committee shall meet at least annually and at

such other times as requested by the President or the

chairperson. A majority of the members of the Advisory

Committee shall constitute a quorum.

(D) Reimbursement for expenses

The members of the Advisory Committee may receive

reimbursement for travel, per diem, and other necessary

expenses incurred in the performance of their duties, in

accordance with the Federal Advisory Committee Act.

(E) Staff and facilities

The Advisory Committee may utilize the facilities and

services of employees of any Federal agency without cost to the

Advisory Committee, and any such agency is authorized to

provide services as requested by the Committee.

(c) Ombudsman

The President shall appoint an ombudsman to provide the public

with an opportunity to participate in the carrying out of the

community adjustment and investment program.

(1) Function

It shall be the function of the ombudsman -

(A) to establish procedures for receiving comments from the

general public on the operation of the community adjustment and

investment program, to receive such comments, and to provide

the President with summaries of the public comments; and

(B) to perform an independent inspection and programmatic

audit of the operation of the community adjustment and

investment program and to provide the President with the

conclusions of its investigation and audit.

(2) Authorization of appropriations

There are authorized to be appropriated to the President, or

such agency as the President may designate, $25,000 for fiscal

year 1995 and for each fiscal year thereafter, for the costs of

the ombudsman.

(d) Reporting requirement

The President shall submit to the appropriate congressional

committees an annual report on the community adjustment and

investment program (if any) that is carried out pursuant to this

section. Each report shall state the amount of the loans made or

guaranteed during the 12-month period ending on the day before the

date of the report.

-SOURCE-

(Pub. L. 103-182, title V, Sec. 543, Dec. 8, 1993, 107 Stat. 2167.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec.

(b)(1), (4)(D), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as

amended, which is set out in the Appendix to Title 5, Government

Organization and Employees.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (a)(1) to (3) of this

section delegated to Secretary of the Treasury and functions of

President under subsecs. (a)(5) and (d) of this section delegated

to Community Adjustment and Investment Program Finance Committee by

sections 4 to 6 of Ex. Ord. No. 12916, May 13, 1994, 59 F.R. 25780,

set out as a note under section 3473 of Title 19, Customs Duties.

-MISC1-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by Congress, its duration is otherwise

provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

COMMUNITY ADJUSTMENT AND INVESTMENT PROGRAM FINANCE COMMITTEE

For provisions establishing the Community Adjustment and

Investment Program Finance Committee to assist in carrying out the

program pursuant to subsec. (a)(3) of this section and to provide

to the President advice and conclusions of reviews by the Advisory

Committee pursuant to subsec. (b)(3) of this section and summaries

of public comments or conclusions of investigations and audits by

the ombudsman pursuant to subsec. (c)(1) of this section, see Ex.

Ord. No. 12916, Secs. 7-9, May 13, 1994, 59 F.R. 25780, set out as

a note under section 3473 of Title 19, Customs Duties.

-CROSS-

DEFINITIONS

Agreement means the North American Free Trade Agreement, see

section 3301(1) of Title 19, Customs Duties.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 290m of this title.

-End-

-CITE-

22 USC Sec. 290m-3 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXVIII - NORTH AMERICAN DEVELOPMENT BANK AND RELATED

PROVISIONS

-HEAD-

Sec. 290m-3. "Border Environment Cooperation Agreement" defined

-STATUTE-

For purposes of this subchapter, the term "Border Environment

Cooperation Agreement" (referred to in this subchapter as the

"Cooperation Agreement") means the November 1993 Agreement Between

the Government of the United States of America and the Government

of the United Mexican States Concerning the Establishment of a

Border Environment Cooperation Commission and a North American

Development Bank.

-SOURCE-

(Pub. L. 103-182, title V, Sec. 544, Dec. 8, 1993, 107 Stat. 2170.)

-End-

-CITE-

22 USC SUBCHAPTER XXIX - UNITED STATES-MEXICO BORDER

HEALTH COMMISSION 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIX - UNITED STATES-MEXICO BORDER HEALTH COMMISSION

-HEAD-

SUBCHAPTER XXIX - UNITED STATES-MEXICO BORDER HEALTH COMMISSION

-End-

-CITE-

22 USC Sec. 290n 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIX - UNITED STATES-MEXICO BORDER HEALTH COMMISSION

-HEAD-

Sec. 290n. Appointment of members of Border Health Commission

-STATUTE-

Not later than 30 days after November 29, 1999, the President

shall appoint the United States members of the United States-Mexico

Border Health Commission, and shall attempt to conclude an

agreement with Mexico providing for the establishment of such

Commission.

-SOURCE-

(Pub. L. 103-400, Sec. 2, as added Pub. L. 106-113, div. B, Sec.

1000(a)(4) [title V, Sec. 516(1)], Nov. 29, 1999, 113 Stat. 1535,

1501A-276.)

-MISC1-

PRIOR PROVISIONS

A prior section 290n, Pub. L. 103-400, Sec. 2, Oct. 22, 1994, 108

Stat. 4169, related to the establishment of the Border Health

Commission, prior to repeal by Pub. L. 106-113, div. B, Sec.

1000(a)(4) [title V, Sec. 516(1)], Nov. 29, 1999, 113 Stat. 1535,

1501A-276.

SHORT TITLE

Section 1 of Pub. L. 103-400 provided that: "This Act [enacting

this subchapter] may be cited as the 'United States-Mexico Border

Health Commission Act'."

-End-

-CITE-

22 USC Sec. 290n-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIX - UNITED STATES-MEXICO BORDER HEALTH COMMISSION

-HEAD-

Sec. 290n-1. Duties

-STATUTE-

It should be the duty of the Commission -

(1) to conduct a comprehensive needs assessment in the United

States-Mexico Border Area for the purposes of identifying,

evaluating, preventing, and resolving health problems and

potential health problems that affect the general population of

the area; and

(2) to implement the actions recommended by the needs

assessment through -

(A) assisting in the coordination and implementation of the

efforts of public and private entities to prevent and resolve

such health problems, and

(B) assisting in the coordination and implementation of

efforts of public and private entities to educate such

population, in a culturally competent manner, concerning such

health problems.

-SOURCE-

(Pub. L. 103-400, Sec. 3, Oct. 22, 1994, 108 Stat. 4169; Pub. L.

106-113, div. B, Sec. 1000(a)(4) [title V, Sec. 516(2)], Nov. 29,

1999, 113 Stat. 1535, 1501A-276.)

-MISC1-

AMENDMENTS

1999 - Par. (1). Pub. L. 106-113, Sec. 1000(a)(4) [title V, Sec.

516(2)(A)], substituted "; and" for semicolon at end.

Par. (2)(B). Pub. L. 106-113, Sec. 1000(a)(4) [title V, Sec.

516(2)(B)], substituted period for "; and" at end.

Par. (3). Pub. L. 106-113, Sec. 1000(a)(4) [title V, Sec.

516(2)(C)], struck out par. (3) which read as follows: "to

formulate recommendations to the Governments of the United States

and Mexico concerning a fair and reasonable method by which the

government of one country could reimburse a public or private

entity in the other country for the cost of a health care service

that the entity furnishes to a citizen of the first country who is

unable, through insurance or otherwise, to pay for the service."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 290n-2 of this title.

-End-

-CITE-

22 USC Sec. 290n-2 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIX - UNITED STATES-MEXICO BORDER HEALTH COMMISSION

-HEAD-

Sec. 290n-2. Other authorized functions

-STATUTE-

In addition to the duties described in section 290n-1 of this

title, the Commission should be authorized to perform the following

functions as the Commission determines to be appropriate -

(1) to conduct or support investigations, research, or studies

designed to identify, study, and monitor, on an on-going basis,

health problems that affect the general population in the United

States-Mexico Border Area;

(2) to conduct or support a binational, public-private effort

to establish a comprehensive and coordinated system, which uses

advanced technologies to the maximum extent possible, for

gathering health-related data and monitoring health problems in

the United States-Mexico Border Area; and

(3) to provide financial, technical, or administrative

assistance to public or private nonprofit entities who act to

prevent or resolve such problems or who educate the population

concerning such health problems.

-SOURCE-

(Pub. L. 103-400, Sec. 4, Oct. 22, 1994, 108 Stat. 4169.)

-End-

-CITE-

22 USC Sec. 290n-3 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIX - UNITED STATES-MEXICO BORDER HEALTH COMMISSION

-HEAD-

Sec. 290n-3. Membership

-STATUTE-

(a) Number and appointment of United States section

The United States section of the Commission should be composed of

13 members. The section should consist of the following members:

(1) The Secretary of Health and Human Services or the

Secretary's delegate.

(2) The commissioners of health or chief health officer from

the States of Texas, New Mexico, Arizona, and California or such

commissioners' delegates.

(3) Two individuals residing in United States-Mexico Border

Area in each of the States of Texas, New Mexico, Arizona, and

California who are nominated by the chief executive officer of

the respective States and appointed by the President from among

individuals who have demonstrated ties to community-based

organizations and have demonstrated interest and expertise in

health issues of the United States-Mexico Border Area.

(b) Commissioner

The Commissioner of the United States section of the Commission

should be the Secretary of Health and Human Services or such

individual's delegate to the Commission. The Commissioner should be

the leader of the section.

(c) Compensation

Members of the United States section of the Commission who are

not employees of the United States or any State -

(1) shall each receive compensation at a rate of not to exceed

the daily equivalent of the annual rate of basic pay payable for

positions at GS-15 of the General Schedule under section 5332 of

title 5 for each day such member is engaged in the actual

performance of the duties of the Commission; and

(2) shall be allowed travel expenses, including per diem in

lieu of subsistence at rates authorized for employees of agencies

under subchapter I of chapter 57 of title 5, while away from

their homes or regular places of business in the performance of

services of the Commission.

-SOURCE-

(Pub. L. 103-400, Sec. 5, Oct. 22, 1994, 108 Stat. 4170.)

-End-

-CITE-

22 USC Sec. 290n-4 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIX - UNITED STATES-MEXICO BORDER HEALTH COMMISSION

-HEAD-

Sec. 290n-4. Regional offices

-STATUTE-

The Commission may designate or establish one border health

office in each of the States of Texas, New Mexico, Arizona, and

California. Such office should be located within the United

States-Mexico Border Area, and should be coordinated with -

(1) State border health offices; and

(2) local nonprofit organizations designated by the State's

chief executive officer and directly involved in border health

issues.

If feasible to avoid duplicative efforts, the Commission offices

should be located in existing State or local nonprofit offices. The

Commission should provide adequate compensation for cooperative

efforts and resources.

-SOURCE-

(Pub. L. 103-400, Sec. 6, Oct. 22, 1994, 108 Stat. 4170.)

-End-

-CITE-

22 USC Sec. 290n-5 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIX - UNITED STATES-MEXICO BORDER HEALTH COMMISSION

-HEAD-

Sec. 290n-5. Reports

-STATUTE-

Not later than February 1 of each year that occurs more than 1

year after the date of the establishment of the Commission, the

Commission should submit an annual report to both the United States

Government and the Government of Mexico regarding all activities of

the Commission during the preceding calendar year.

-SOURCE-

(Pub. L. 103-400, Sec. 7, Oct. 22, 1994, 108 Stat. 4171.)

-End-

-CITE-

22 USC Sec. 290n-6 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXIX - UNITED STATES-MEXICO BORDER HEALTH COMMISSION

-HEAD-

Sec. 290n-6. Definitions

-STATUTE-

As used in this subchapter:

(1) Commission

The term "Commission" means the United States-Mexico Border

Health Commission.

(2) Health problem

The term "health problem" means a disease or medical ailment or

an environmental condition that poses the risk of disease or

medical ailment. The term includes diseases, ailments, or risks

of disease or ailment caused by or related to environmental

factors, control of animals and rabies, control of insect and

rodent vectors, disposal of solid and hazardous waste, and

control and monitoring of air quality.

(3) Secretary

The term "Secretary" means the Secretary of Health and Human

Services.

(4) United States-Mexico Border Area

The term "United States-Mexico Border Area" means the area

located in the United States and Mexico within 100 kilometers of

the border between the United States and Mexico.

-SOURCE-

(Pub. L. 103-400, Sec. 8, Oct. 22, 1994, 108 Stat. 4171.)

-End-

-CITE-

22 USC SUBCHAPTER XXX - MIDDLE EAST DEVELOPMENT BANK 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXX - MIDDLE EAST DEVELOPMENT BANK

-HEAD-

SUBCHAPTER XXX - MIDDLE EAST DEVELOPMENT BANK

-End-

-CITE-

22 USC Sec. 290o 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXX - MIDDLE EAST DEVELOPMENT BANK

-HEAD-

Sec. 290g742o. Acceptance of membership

-STATUTE-

The President is hereby authorized to accept membership for the

United States in the Bank for Economic Cooperation and Development

in the Middle East and North Africa (in this subchapter referred to

as the "Bank") provided for by the agreement establishing the Bank

(in this subchapter referred to as the "Agreement"), signed on May

31, 1996.

-SOURCE-

(Pub. L. 104-208, div. A, title I, Sec. 101(c) [title VII, Sec.

702], Sept. 30, 1996, 110 Stat. 3009-121, 3009-179.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

title", meaning title I, Sec. 101(c) [title VII], of div. A of Pub.

L. 104-208, Sept. 30, 1996, 110 Stat. 3009-121, 3009-179, which is

classified principally to this subchapter. For complete

classification of title I, Sec. 101(c) [title VII], to the Code,

see Short Title note below and Tables.

-MISC1-

SHORT TITLE

Section 101(c) [title VII, Sec. 701] of div. A of Pub. L. 104-208

provided that: "This title [enacting this subchapter and amending

sections 262r and 276c-2 of this title and section 24 of Title 12,

Banks and Banking] may be cited as the 'Bank for Economic

Cooperation and Development in the Middle East and North Africa

Act'."

-End-

-CITE-

22 USC Sec. 290o-1 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXX - MIDDLE EAST DEVELOPMENT BANK

-HEAD-

Sec. 290g742o-1. Governor and alternate Governor

-STATUTE-

(a) Appointment

At the inaugural meeting of the Board of Governors of the Bank,

the Governor and the alternate for the Governor of the

International Bank for Reconstruction and Development, appointed

pursuant to section 286a of this title, shall serve ex-officio as a

Governor and the alternate for the Governor, respectively, of the

Bank. The President, by and with the advice and consent of the

Senate, shall appoint a Governor of the Bank and an alternate for

the Governor.

(b) Compensation

Any person who serves as a governor of the Bank or as an

alternate for the Governor may not receive any salary or other

compensation from the United States by reason of such service.

-SOURCE-

(Pub. L. 104-208, div. A, title I, Sec. 101(c) [title VII, Sec.

703], Sept. 30, 1996, 110 Stat. 3009-121, 3009-179.)

-End-

-CITE-

22 USC Sec. 290o-2 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXX - MIDDLE EAST DEVELOPMENT BANK

-HEAD-

Sec. 290g742o-2. Applicability of certain provisions of Bretton

Woods Agreements Act

-STATUTE-

Section 286b of this title shall apply to the Bank in the same

manner in which such section applies to the International Bank for

Reconstruction and Development and the International Monetary Fund.

-SOURCE-

(Pub. L. 104-208, div. A, title I, Sec. 101(c) [title VII, Sec.

704], Sept. 30, 1996, 110 Stat. 3009-121, 3009-179.)

-REFTEXT-

REFERENCES IN TEXT

The Bretton Woods Agreements Act, referred to in section

catchline, is act July 31, 1945, ch. 339, 59 Stat. 512, as amended,

which is classified principally to subchapter XV (Sec. 286 et seq.)

of this chapter. For complete classification of this Act to the

Code, see Short Title note set out under section 286 of this title

and Tables.

-End-

-CITE-

22 USC Sec. 290o-3 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXX - MIDDLE EAST DEVELOPMENT BANK

-HEAD-

Sec. 290g742o-3. Federal Reserve Banks as depositories

-STATUTE-

Any Federal Reserve Bank which is requested to do so by the Bank

may act as its depository, or as its fiscal agent, and the Board of

Governors of the Federal Reserve System shall exercise general

supervision over the carrying out of these functions.

-SOURCE-

(Pub. L. 104-208, div. A, title I, Sec. 101(c) [title VII, Sec.

705], Sept. 30, 1996, 110 Stat. 3009-121, 3009-179.)

-End-

-CITE-

22 USC Sec. 290o-4 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXX - MIDDLE EAST DEVELOPMENT BANK

-HEAD-

Sec. 290g742o-4. Subscription of stock

-STATUTE-

(a) Subscription authority

(1) In general

The Secretary of the Treasury may subscribe on behalf of the

United States to not more than 7,011,270 shares of the capital

stock of the Bank.

(2) Effectiveness of subscription commitment

Any commitment to make such subscription shall be effective

only to such extent or in such amounts as are provided for in

advance by appropriations Acts.

(b) Limitations on authorization of appropriations

For payment by the Secretary of the Treasury of the subscription

of the United States for shares described in subsection (a) of this

section, there are authorized to be appropriated $1,050,007,800

without fiscal year limitation.

(c) Limitations on obligation of appropriated amounts for shares of

capital stock

(1) Paid-in capital stock

(A) In general

Not more than $105,000,000 of the amounts appropriated

pursuant to subsection (b) of this section may be obligated for

subscription to shares of paid-in capital stock.

(B) Fiscal year 1997

Not more than $52,500,000 of the amounts appropriated

pursuant to subsection (b) of this section for fiscal year 1997

may be obligated for subscription to shares of paid-in capital

stock.

(2) Callable capital stock

Not more than $787,505,852 of the amounts appropriated pursuant

to subsection (b) of this section may be obligated for

subscription to shares of callable capital stock.

(d) Disposition of net income distributions by Bank

Any payment made to the United States by the Bank as a

distribution of net income shall be covered into the Treasury as a

miscellaneous receipt.

-SOURCE-

(Pub. L. 104-208, div. A, title I, Sec. 101(c) [title VII, Sec.

706], Sept. 30, 1996, 110 Stat. 3009-121, 3009-179.)

-End-

-CITE-

22 USC Sec. 290o-5 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXX - MIDDLE EAST DEVELOPMENT BANK

-HEAD-

Sec. 290g742o-5. Jurisdiction and venue of civil actions by or

against Bank

-STATUTE-

(a) Jurisdiction

The United States district courts shall have original and

exclusive jurisdiction of any civil action brought in the United

States by or against the Bank.

(b) Venue

For purposes of section 1391(b) of title 28, the Bank shall be

deemed to be a resident of the judicial district in which the

principal office of the Bank in the United States, or its agent

appointed for the purpose of accepting service or notice of

service, is located.

-SOURCE-

(Pub. L. 104-208, div. A, title I, Sec. 101(c) [title VII, Sec.

707], Sept. 30, 1996, 110 Stat. 3009-121, 3009-180.)

-End-

-CITE-

22 USC Sec. 290o-6 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXX - MIDDLE EAST DEVELOPMENT BANK

-HEAD-

Sec. 290g742o-6. Effectiveness of Agreement

-STATUTE-

The Agreement shall have full force and effect in the United

States, its territories and possessions, and the Commonwealth of

Puerto Rico, upon acceptance of membership by the United States in

the Bank and the entry into force of the Agreement.

-SOURCE-

(Pub. L. 104-208, div. A, title I, Sec. 101(c) [title VII, Sec.

708], Sept. 30, 1996, 110 Stat. 3009-121, 3009-180.)

-End-

-CITE-

22 USC Sec. 290o-7 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.

SUBCHAPTER XXX - MIDDLE EAST DEVELOPMENT BANK

-HEAD-

Sec. 290g742o-7. Exemption from securities laws for certain

securities issued by Bank; reports required

-STATUTE-

(a) Exemption from securities laws; reports to Securities and

Exchange Commission

Any securities issued by the Bank (including any guaranty by the

Bank, whether or not limited in scope) in connection with borrowing

of funds, or the guarantee of securities as to both principal and

interest, shall be deemed to be exempted securities within the

meaning of section 77c(a)(2) of title 15 and section 78c(a)(12) of

title 15. The Bank shall file with the Securities and Exchange

Commission such annual and other reports with regard to such

securities as the Commission shall determine to be appropriate in

view of the special character of the Bank and its operations and

necessary in the public interest or for the protection of

investors.

(b) Authority of Securities and Exchange Commission to suspend

exemption; reports to Congress

The Securities and Exchange Commission, acting in consultation

with such agency or officer as the President shall designate, may

suspend the provisions of subsection (a) of this section at any

time as to any or all securities issued or guaranteed by the Bank

during the period of such suspension. The Commission shall include

in its annual reports to the Congress such information as it shall

deem advisable with regard to the operations and effect of this

section.

-SOURCE-

(Pub. L. 104-208, div. A, title I, Sec. 101(c) [title VII, Sec.

709], Sept. 30, 1996, 110 Stat. 3009-121, 3009-180.)

-End-