Legislación
US (United States) Code. Title 22. Chapter 7: International bureaus, congresses, etc
-CITE-
22 USC Sec. 283l 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283g742l. Increase in resources of the Fund for Special
Operations
-STATUTE-
(a) Authorization of vote; payment to Fund
The United States Governor of the Bank is hereby authorized to
vote in favor of the resolution entitled "Increase of Resources of
the Fund for Special Operations" proposed by the Governors at their
annual meeting in April 1964, and now pending before the Board of
Governors of the Bank. Upon the adoption of such resolution, the
United States Governor is authorized to agree, on behalf of the
United States to pay to the Fund for Special Operations of the
Bank, the sum of $750,000,000, in accordance with and subject to
the terms and conditions of such resolution.
(b) Authorization of appropriations
There is hereby authorized to be appropriated without fiscal year
limitation, for the United States share in the increase in the
resources of the Fund for Special Operations of the Bank, the sum
of $750,000,000.
(c) Loan disapproval by the United States
With respect to any dollars herein provided, the voting power of
the United States shall be exercised for the purpose of
disapproving any loan from the Fund for Special Operations of the
Bank for any project, enterprise, or activity in any country,
during any period for which the President has suspended assistance
to the government of such country because of any action taken on or
after January 1, 1962, by the government of such country or any
government agency or subdivision within such country as specified
in paragraph (A), (B), or (C) of subsection (e)(1) of section 2370
of this title, and the failure of such country within a reasonable
time to take appropriate steps to discharge its obligations or
provide relief in accordance with provisions of such subsection.
-SOURCE-
(Pub. L. 86-147, Sec. 15, formerly Sec. 14, as added Pub. L. 89-6,
Mar. 24, 1965, 79 Stat. 23; renumbered Sec. 15, Pub. L. 90-88, Sec.
1, Sept. 22, 1967, 81 Stat. 226.)
-End-
-CITE-
22 USC Sec. 283m 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283m. Additional increases in resources of the Fund for
Special Operations
-STATUTE-
(a) Authorization of vote; payment to Fund
The United States Governor of the Bank is hereby authorized to
vote in favor of the resolution entitled "Increase of
$1,200,000,000 in Resources of Fund for Special Operations"
proposed by the Governors at their annual meeting in April 1967 and
now pending before the Board of Governors of the Bank. Upon the
adoption of such resolution, the United States Governor is
authorized to agree, on behalf of the United States, to pay to the
Fund for Special Operations of the Bank, the sum of $900,000,000,
in accordance with and subject to the terms and conditions of such
resolution, and subject to the further condition that in
consideration of the United States balance-of-payments deficit any
local cost financing, by project or otherwise, with the funds
authorized under this section to be held to the minimum possible
level. The United States Governor is also authorized to vote in
favor of the amendment to Annex C of the agreement, now pending
before the Board of Governors of the Bank, to modify the procedure
employed in the election of Executive Directors.
(b) Authorization of appropriations
There is hereby authorized to be appropriated without fiscal year
limitation, for the United States share in the increase in the
resources of the Fund for Special Operations of the Bank, the sum
of $900,000,000.
(c) Loan disapproval by the United States
The voting power of the United States shall be exercised for the
purpose of disapproving any loan which might assist the recipient
country directly or indirectly to acquire sophisticated or heavy
military equipment.
-SOURCE-
(Pub. L. 86-147, Sec. 16, as added Pub. L. 90-88, Sec. 2, Sept. 22,
1967, 81 Stat. 227.)
-End-
-CITE-
22 USC Sec. 283n 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283n. Increase in authorized capital stock; United States
share; authorization of appropriations
-STATUTE-
(a) The United States Governor of the Bank is hereby authorized
(1) to vote for an increase in the authorized capital stock of the
Bank under article II, section 2, of the agreement as recommended
by the Board of Executive Directors in its report of April 1967, to
the Board of Governors of the Bank; and (2) to agree on behalf of
the United States to subscribe to its proportionate share of the
$1,000,000,000 increase in the authorized callable capital stock of
the bank.
(b) There is hereby authorized to be appropriated, without fiscal
year limitation, for payment by the Secretary of the Treasury of
the increased United States subscription to the capital stock of
the Inter-American Development Bank, $411,760,000.
-SOURCE-
(Pub. L. 86-147, Sec. 17, as added Pub. L. 90-325, June 4, 1968, 82
Stat. 168.)
-End-
-CITE-
22 USC Sec. 283o 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283g742o. Increase in authorized capital stock and additional
subscriptions of members thereto; increase in resources of Fund
for Special Operations and contributions thereto; United States
share; authorization of appropriations
-STATUTE-
(a) The United States Governor of the Bank is hereby authorized
to vote in favor of the two resolutions proposed by the Governors
at their annual meeting in April 1970 and now pending before the
Board of Governors of the Bank, which provide for (1) an increase
in the authorized capital stock to the Bank and additional
subscriptions of members thereto and (2) an increase in the
resources of the Fund for Special Operations and contributions
thereto. Upon adoption of such resolutions the United States
Governor is authorized to agree on behalf of the United States (1)
to subscribe to eighty-two thousand three hundred and fifty-two
shares of $10,000 par value of the increase in the authorized
capital stock of the Bank of which sixty-seven thousand three
hundred and fifty-two shall be callable shares and fifteen thousand
shall be paid in and (2) to pay to the Fund for Special Operations
an initial annual installment of $100,000,000 and, upon further
authorization by the Congress two subsequent annual installments of
$450,000,000 each, in accordance with and subject to the terms and
conditions of such resolutions.
(b) There are hereby authorized to be appropriated, without
fiscal year limitation, the amounts necessary for payment by the
Secretary of the Treasury of (1) three annual installments of
$50,000,000 each for the United States subscription to paid-in
capital stock of the Bank; (2) two installments of $336,760,000
each for the United States subscription to the callable capital
stock of the Bank; and (3) one installment of $100,000,000 for the
United States share of the increase in the resources of the Fund
for Special Operations of the Bank.
-SOURCE-
(Pub. L. 86-147, Sec. 18, as added Pub. L. 91-599, ch. 2, Sec.
21(a), Dec. 30, 1970, 84 Stat. 1658.)
-End-
-CITE-
22 USC Sec. 283p 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283p. Authorization for payment of United States contribution
to increase Fund for Special Operations; authorization of
appropriations
-STATUTE-
(a) The United States Governor of the Bank is authorized to pay
to the Fund for Special Operations two annual installments of
$450,000,000 each in accordance with and subject to the terms and
conditions of the resolution adopted by the Board of Governors on
December 31, 1970, concerning an increase in the resources of the
Fund for Special Operations and contributions thereto.
(b) There are hereby authorized to be appropriated, without
fiscal year limitation, the amounts necessary for payment by the
Secretary of the Treasury of the two annual installments of
$450,000,000 each for the United States share of the increase in
the resources of the Fund for Special Operations of the Bank.
-SOURCE-
(Pub. L. 86-147, Sec. 19, as added Pub. L. 92-246, Sec. 1, Mar. 10,
1972, 86 Stat. 59.)
-End-
-CITE-
22 USC Sec. 283q 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283q. Articles of agreement; authorization to agree to
amendments
-STATUTE-
The United States Governor of the Bank is authorized to agree to
amendments to the provisions of the articles of agreement as
provided in proposed Board of Governors resolutions entitled (a)
"Amendment of the Provisions of the Agreement Establishing the Bank
with Respect to Membership and to Related Matters" and (b)
"Amendment of the Provisions of the Agreement Establishing the Bank
with Respect to the Election of Executive Directors".
-SOURCE-
(Pub. L. 86-147, Sec. 20, as added Pub. L. 92-246, Sec. 1, Mar. 10,
1972, 86 Stat. 59.)
-End-
-CITE-
22 USC Sec. 283r 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283r. Expropriation of United States property; loan
restrictions
-STATUTE-
The President shall instruct the United States Executive Director
of the Bank to vote against any loan or other utilization of the
funds of the Bank 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. 86-147, Sec. 21, as added Pub. L. 92-246, Sec. 1, Mar. 10,
1972, 86 Stat. 59.)
-End-
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22 USC Sec. 283s 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283s. Illegal drug traffic; loan restrictions
-STATUTE-
The Secretary of the Treasury shall instruct the United States
Executive Director of the Bank to vote against any loan or other
utilization of the funds of the Bank for the benefit of any country
with respect to which the President has made a determination, and
so notified the Secretary of the Treasury, that the government of
such country has failed to take adequate steps to prevent narcotic
drugs and other controlled substances (as defined by the
Comprehensive Drug Abuse Prevention and Control Act of 1970 [21
U.S.C. 801 et seq.]) produced or processed, in whole or in part, in
such country, or transported through such country, from being sold
illegally within the jurisdiction of such country to United States
Government personnel or their dependents, or from entering the
United States unlawfully. Such instruction shall continue in effect
until the President determines, and so notifies the Secretary of
the Treasury, that the government of such country has taken
adequate steps to prevent such sale or entry of narcotic drugs and
other controlled substances.
-SOURCE-
(Pub. L. 86-147, Sec. 22, as added Pub. L. 92-246, Sec. 2, Mar. 10,
1972, 86 Stat. 60.)
-REFTEXT-
REFERENCES IN TEXT
The Comprehensive Drug Abuse Prevention and Control Act of 1970,
referred to in text, is Pub. L. 91-513, Oct. 27, 1970, 84 Stat.
1236, as amended, which is classified principally to chapter 13
(Sec. 801 et seq.) of Title 21, Food and Drugs. For complete
classification of this act to the Code, see Short Title note set
out under section 801 of Title 21 and Tables.
-End-
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22 USC Sec. 283t 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283t. Authorization to vote on proposed resolutions
-STATUTE-
The United States Governor of the Bank is authorized to vote for
three proposed resolutions of the Board of Governors entitled (a)
"Amendments to the Agreement Establishing the Bank with respect to
the Creation of the Inter-Regional Capital Stock of the Bank and to
Related Matters", (b) "General Rules Governing Admission of
Nonregional Countries to Membership in the Bank", and (c) "Increase
in the Authorized Callable Ordinary Capital Stock and Subscriptions
Thereto in Connection with the Admission of Nonregional Member
Countries", which were submitted to the Board of Governors pursuant
to a resolution of the Board of Executive Directors approved on
March 4, 1975.
-SOURCE-
(Pub. L. 86-147, Sec. 23, as added Pub. L. 94-302, title I, Sec.
103(a)(1), May 31, 1976, 90 Stat. 592.)
-End-
-CITE-
22 USC Sec. 283u 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283u. Membership in the Bank for the Bahamas and Guyana
-STATUTE-
The United States Governor of the Bank is authorized to agree to
the amendments to article II, section 1(b) and article IV, section
3(b) of the Agreement Establishing the Bank, as proposed by the
Board of Executive Directors, to provide for membership for the
Bahamas and Guyana in the Bank at such times and in accordance with
such terms as the Bank may determine.
-SOURCE-
(Pub. L. 86-147, Sec. 24, as added Pub. L. 94-302, title I, Sec.
103(a)(1), May 31, 1976, 90 Stat. 592.)
-End-
-CITE-
22 USC Sec. 283v 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283v. Loans to the Caribbean Development Bank
-STATUTE-
The United States Governor of the Bank is authorized to agree to
the amendments to article III, sections 1, 4, and 6(b) of the
Agreement Establishing the Bank, as proposed by the Board of
Executive Directors, to provide for lending to the Caribbean
Development Bank.
-SOURCE-
(Pub. L. 86-147, Sec. 25, as added Pub. L. 94-302, title I, Sec.
103(a)(1), May 31, 1976, 90 Stat. 592.)
-End-
-CITE-
22 USC Sec. 283w 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283w. Increase in authorized capital stock of Bank and
increase in resources of Fund for Special Operations; United
States share; authorization of appropriations
-STATUTE-
(a) The United States Governor of the Bank is hereby authorized
to vote in favor of two resolutions proposed by the Governors at a
special meeting in July 1975, and now pending before the Board of
Governors of the Bank, which provide for (1) an increase in the
authorized capital stock of the Bank and additional subscriptions
of members thereto and (2) an increase in the resources of the Fund
for Special Operations and contributions thereto. Upon adoption of
such resolutions, the United States Governor is authorized to agree
on behalf of the United States (1) to subscribe to ninety-nine
thousand four hundred and seventy-four shares of $10,000 par value
of the increase in the authorized capital stock of the Bank of
which eighty-nine thousand five hundred and twenty-six shall be
callable shares and nine thousand nine hundred and forty-eight
shall be paid in and (2) to contribute to the Fund for Special
Operations $600,000,000, in accordance with and subject to the
terms and conditions of such resolutions.
(b) There are hereby authorized to be appropriated, without
fiscal year limitation, the amounts necessary for payment by the
Secretary of the Treasury of (1) $1,199,997,873 for the United
States subscription to the capital stock of the Bank and (2)
$600,000,000 for the United States share of the increase in the
resources of the Fund for Special Operations: Provided, however,
That not more than $15,677,000 may be made available to the Fund
for Special Operations for the fiscal year 1982.
-SOURCE-
(Pub. L. 86-147, Sec. 26, as added Pub. L. 94-302, title I, Sec.
101, May 31, 1976, 90 Stat. 591; amended Pub. L. 97-35, title XIII,
Sec. 1351(c), Aug. 13, 1981, 95 Stat. 744.)
-MISC1-
AMENDMENTS
1981 - Subsec. (b). Pub. L. 97-35 inserted provision limiting
amount of appropriations available for Fund for Special Operations
for fiscal year 1982.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except that
any funds authorized to be appropriated shall not be available for
use or obligation prior to Oct. 1, 1981, see section 1372 of Pub.
L. 97-35, set out as an Effective Date note under section 290i of
this title.
-End-
-CITE-
22 USC Sec. 283x 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283x. Subscription to additional shares; authorization of
appropriations
-STATUTE-
(a) The United States Governor of the Bank is hereby authorized
to vote for an additional increase of one hundred and eight
thousand shares of $10,000 par value in the authorized callable
capital stock of the Bank as recommended in the resolution of the
Board of Governors entitled "Increase of US$4 Billion in the
Authorized Capital Stock and Subscriptions Thereto." Upon adoption
of a Board of Governors resolution increasing the authorized
capital stock of the Bank by such amount, the United States
Governor is authorized to agree on behalf of the United States to
subscribe to thirty-seven thousand three hundred and three shares
of $10,000 par value of such additional increase in callable
capital in accordance with and subject to the terms and conditions
of such resolution.
(b) In order to pay for the increase in the United States
subscription to the Bank provided for in this section, there is
hereby authorized to be appropriated, without fiscal year
limitation, $450,002,218 for payment by the Secretary of the
Treasury.
-SOURCE-
(Pub. L. 86-147, Sec. 27, as added Pub. L. 94-302, title I, Sec.
101, May 31, 1976, 90 Stat. 591.)
-End-
-CITE-
22 USC Sec. 283y 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283y. Repealed. Pub. L. 95-118, title VII, Sec. 702, Oct. 3,
1977, 91 Stat. 1070
-MISC1-
Section, Pub. L. 86-147, Sec. 28, as added Pub. L. 94-302, title
I, Sec. 103(a)(1), May 31, 1976, 90 Stat. 592; H. Res. 5, Jan. 4,
1977, set forth provisions relating to United States participation
in financial assistance by Inter-American Development Bank 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. 283z 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283z. Proposal of light-capital or intermediate technologies
as part of Bank's development strategy
-STATUTE-
(a) Contents of proposed resolution
The United States Executive Director of the Bank shall propose to
the Board of Executive Directors of the Bank the adoption of a
resolution providing (1) that the development and utilization of
light-capital or intermediate technologies should be accepted as
major facets of the Bank's development strategy, and (2) that such
light-capital or intermediate technologies should be developed and
utilized as soon as possible in all Bank activities. Such
resolution shall further provide that, by the close of the calendar
year 1977, some projects that employ primarily such light-capital
or intermediate technologies shall be designed and approved.
(b) Progress report to Congress
The United States Governor of the Bank shall report to the
Congress no later than six months after May 31, 1976, on the
proposal made under subsection (a) of this section, and no later
than twelve months after such date on the progress that has been
made with respect to such proposal.
-SOURCE-
(Pub. L. 86-147, Sec. 28, formerly Sec. 29, as added Pub. L.
94-302, title I, Sec. 104, May 31, 1976, 90 Stat. 593; renumbered
Sec. 28, Pub. L. 96-259, title I, Sec. 101(1), June 3, 1980, 94
Stat. 429.)
-MISC1-
PRIOR PROVISIONS
A prior section 28 of Pub. L. 86-147, as added by section
103(a)(1) of Pub. L. 94-302, was classified to section 283y of this
title prior to repeal by Pub. L. 95-118, title VII, Sec. 702, Oct.
3, 1977, 91 Stat. 1070.
-End-
-CITE-
22 USC Sec. 283z-1 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283z-1. Increase in authorized capital stock of Bank and
increase in resources of Fund for Special Operations
-STATUTE-
(a) United States share
The United States Governor of the Bank is authorized to vote for
two resolutions which were proposed by the Governors at a special
meeting in December 1978 and are pending before the Board of
Governors of the Bank. These resolutions provide for (1) an
increase in the authorized capital stock of the Bank and additional
subscriptions thereto, and (2) an increase in the resources of the
Fund for Special Operations and contributions thereto. Upon
adoption of these resolutions, the United States Governor is
authorized on behalf of the United States (A) to subscribe to two
hundred twenty-seven thousand eight hundred and ninety-six shares
of the increase in the authorized capital stock of the Bank, of
which two hundred ten thousand eight hundred and four shall be
callable and seventeen thousand and ninety-two shall be paid-in,
and (B) to contribute to the Fund for Special Operations
$630,000,000; except that any commitment to make such subscriptions
to paid-in and callable capital stock and to make such
contributions to the Fund for Special Operations shall be effective
only to such extent or in such amounts as are provided in advance
in appropriation Acts.
(b) Authorization of appropriations
In order to pay for the increase in the United States
subscription and contribution provided for in this section, there
are authorized to be appropriated, without fiscal year limitation,
for payment by the Secretary of the Treasury (1) $2,474,287,189 for
the United States subscription to the capital stock of the Bank,
and (2) $630,000,000 for the United States share of the increase in
the resources of the Fund for Special Operations: Provided,
however, That for contributions to the Fund for Special Operations,
not more than $175,000,000 may be made available for the fiscal
year 1982, and not more than $105,000,000 may be made available for
the fiscal year 1983.
(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 Fund for
Special Operations authorized by this section by letter of credit
in four annual installments; and
(2) shall take the steps necessary to obtain a certification
from the Bank that any undisbursed balances resulting from
drawdowns 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.
(d) Limitation of funds to members of Bank
None of the funds authorized to be appropriated by this section
may be used for any form of assistance to any country which is not
a member of the Bank.
-SOURCE-
(Pub. L. 86-147, Sec. 29, as added Pub. L. 96-259, title I, Sec.
101(2), June 3, 1980, 94 Stat. 429; amended Pub. L. 97-35, title
XIII, Sec. 1351(b), Aug. 13, 1981, 95 Stat. 744.)
-MISC1-
AMENDMENTS
1981 - Subsec. (b). Pub. L. 97-35 inserted provision limiting
amount of appropriations available for Fund for Special Operations
for fiscal years 1982 and 1983.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except that
any funds authorized to be appropriated shall not be available for
use or obligation prior to Oct. 1, 1981, see section 1372 of Pub.
L. 97-35, set out as an Effective Date note under section 290i of
this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 283z-2 of this title.
-End-
-CITE-
22 USC Sec. 283z-2 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283z-2. Contribution to Inter-American Development Bank;
authorization of appropriations
-STATUTE-
(a) The United States Governor of the Bank is authorized on
behalf of the United States to contribute to the Fund for Special
Operations $70,000,000: Provided, however, That any commitment to
make such contribution shall be made subject to obtaining the
necessary appropriations.
(b) In order to pay for a portion of the increase in the United
States subscription to the capital stock of the Bank provided for
in section 283z-1(a) of this title and for the United States
contribution to the Fund for Special Operations provided for in
this section, there are authorized to be appropriated, without
fiscal year limitation, for payment by the Secretary of the
Treasury, (1) $274,920,799 for the United States subscription, and
(2) $70,000,000 for the United States contribution to the Fund for
Special Operations: Provided, however, That no funds may be made
available for such contribution to the Fund for Special Operations
for the fiscal year 1982.
-SOURCE-
(Pub. L. 86-147, Sec. 30, as added Pub. L. 97-35, title XIII, Sec.
1351(a), Aug. 13, 1981, 95 Stat. 744.)
-MISC1-
EFFECTIVE DATE
Section effective Aug. 13, 1981, except that any funds authorized
to be appropriated shall not be available for use or obligation
prior to Oct. 1, 1981, see section 1372 of Pub. L. 97-35, set out
as a note under section 290i of this title.
-End-
-CITE-
22 USC Sec. 283z-3 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283z-3. Increase in authorized capital stock of Bank and
increases in resources of Fund for Special Operations; United
States share; authorization of appropriations
-STATUTE-
(a)(1) The United States Governor of the Bank is authorized to
vote for resolutions -
(A) which were proposed by the Governors at a special meeting
in February 1983;
(B) which are pending before the Board of Governors of the
Bank; and
(C) which provide for -
(i) an increase in the authorized capital stock of the Bank
and subscriptions thereto; and
(ii) an increase in the resources of the Fund for Special
Operations and contributions thereto.
(2)(A) Upon adoption of the resolutions specified in paragraph
(1), the United States Governor of the Bank is authorized on behalf
of the United States to -
(i) subscribe to 427,396 shares of the increase in the
authorized capital stock of the Bank; and
(ii) contribute $350,000,000 to the Fund for Special
Operations.
(B) Any commitment to make such subscriptions to paid-in and
callable capital stock and to make such contributions to the Fund
for Special Operations shall be effective only to such extent or in
such amounts as are provided in advance in appropriation Acts.
(b) In order to pay for the increase in the United States
subscription and contribution provided for in this section, there
are authorized to be appropriated, without fiscal year limitation,
for payment by the Secretary of the Treasury -
(1) $5,155,862,744 for the United States subscriptions to the
capital stock of the Bank; and
(2) $350,000,000 for the United States share of the increase in
the resources of the Fund for Special Operations.
-SOURCE-
(Pub. L. 86-147, Sec. 31, as added Pub. L. 98-181, title X, Sec.
1001, Nov. 30, 1983, 97 Stat. 1284.)
-End-
-CITE-
22 USC Sec. 283z-4 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283z-4. Amendments to Articles of Agreement in resolution on
Merger of Interregional and Ordinary Capital Resources
-STATUTE-
The United States Governor of the Inter-American Development Bank
is hereby authorized to agree to and to accept the amendments to
the Articles of Agreement in the proposed resolution entitled
"Merger of Inter-regional and Ordinary Capital Resources".
-SOURCE-
(Pub. L. 86-147, Sec. 32, as added Pub. L. 100-202, Sec. 101(e)
[title I], Dec. 22, 1987, 101 Stat. 1329-131, 1329-134.)
-COD-
CODIFICATION
Section 32 of Pub. L. 86-147 is based on section 501 of title V
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. 283z-5 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283z-5. Capital increase; increase in resources of Fund for
Special Operations
-STATUTE-
(a) Authority to vote for, and to subscribe and contribute to,
increase in authorized capital stock of Bank and increase in
resources of Fund for Special Operations
(1) Vote authorized
The United States Governor of the Bank is authorized to vote
for resolutions which -
(A) were transmitted by the Board of Executive Directors to
the Governors of the Bank by resolution of April 19, 1989;
(B) are pending before the Board of Governors of the Bank;
and
(C) provide for -
(i) an increase in the authorized capital stock of the Bank
and subscriptions to the Bank; and
(ii) an increase in the resources of the Fund for Special
Operations and contributions to the Fund.
(2) Subscription and contribution authority
To the extent and in the amounts provided in advance in
appropriations Acts, on adoption of the resolutions described in
paragraph (1), the United States Governor of the Bank may, on
behalf of the United States -
(A) subscribe to 760,112 shares of the increase in the
authorized capital stock of the Bank; and
(B) contribute $82,304,000 to the Fund for Special
Operations.
(b) Limitation on authorization of appropriations
To pay for the subscription and contribution authorized under
subsection (a) of this section, there are authorized to be
appropriated, without fiscal year limitation, for payment by the
Secretary of the Treasury -
(1) $9,169,559,712, for the United States subscription to the
capital stock of the Bank; and
(2) $82,304,000, for the United States contribution to the Fund
for Special Operations.
(c) Organizational changes required to be made before payment for
subscription to capital stock and contribution to Fund for
Special Operations
The Secretary of the Treasury may not make any payment for the
subscription and contribution authorized under subsection (a) of
this section unless the Bank -
(1) has established an environmental unit with responsibility
for the development, evaluation, and integration of Bank
policies, projects, and programs designed to promote
environmentally sustainable development in borrower countries;
(2) has increased the number of the staff of the Bank with
environmentally oriented responsibilities and training;
(3) provides for an increase in the number of environmentally
beneficial projects and programs financed by the Bank; and
(4) has designed a process for ensuring the access of
indigenous non-governmental organizations to the process for
designing projects and programs.
(d) Certification of access to Bank records required before payment
for subscription to capital stock and contribution to Fund for
Special Operations
The Secretary of the Treasury shall not make any payment for the
subscription and contribution authorized under subsection (a) of
this section until the Secretary, after consultation with the
United States Executive Director of the Bank, certifies to the
Congress that -
(1) the Bank has given the Comptroller General of the United
States access to the audit memorandum issued by the Auditor
General of the Bank with respect to the November 1987
disbursement of funds to the Government of Nicaragua;
(2) the Bank has implemented and is continuing to implement
revised procedures issued in 1988 for collecting loan services
payments in arrears;
(3) the revised procedures referred to in paragraph (2) satisfy
the recommendations of the Auditor General of the Bank; and
(4) the Comptroller General of the United States has access to
all documents of the Bank on the same terms and under the same
conditions as such documents are made available to the United
States Executive Director of the Bank.
-SOURCE-
(Pub. L. 86-147, Sec. 33, as added Pub. L. 101-240, title II, Sec.
201, Dec. 19, 1989, 103 Stat. 2496.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 283z-7 of this title.
-End-
-CITE-
22 USC Sec. 283z-6 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283z-6. Investment in human capital
-STATUTE-
(a) In general
The Secretary of the Treasury shall instruct the United States
Executive Director of the Inter-American Development Bank to
propose and use the voice and vote of such director, during the
4-year period beginning on January 1, 1990, to vigorously promote
an increase in the proportion of Bank lending in support of
projects and programs which support investments in human capital
and to seek the rapid implementation by the Bank of systematic
mechanisms of consultation with locally affected populations in
borrower countries either directly or through appropriate
representative non-governmental organizations.
(b) "Investments in human capital" defined
As used in subsection (a) of this section, the term "investments
in human capital" means investments in projects, policies, and
programs designed to improve urban and rural health care and
sanitation, basic nutrition, education, the small-producer private
sector, the economic activities of women, and the development of
indigenous non-governmental organizations.
-SOURCE-
(Pub. L. 86-147, Sec. 34, as added Pub. L. 101-240, title II, Sec.
202(a), Dec. 19, 1989, 103 Stat. 2498.)
-MISC1-
REPORT TO CONGRESS
Section 202(b) of Pub. L. 101-240 provided that: "The Chairman of
the National Advisory Council on International Monetary and
Financial Policies shall include in the report required by section
1701 of the International Financial Institutions Act [22 U.S.C.
262r] for fiscal year 1991 a report on the efforts undertaken by
the United States Executive Director of the Inter-American
Development Bank, and the progress to date, in achieving the
objectives of section 34 of the Inter-American Development Bank Act
[22 U.S.C. 283z-6]."
-End-
-CITE-
22 USC Sec. 283z-7 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283z-7. Limitations on policy based lending
-STATUTE-
The Secretary of the Treasury shall -
(1) take all necessary steps to encourage the Bank to limit the
aggregate value of the policy based loans made by the Bank (other
than policy based loans made to any country which the Bank has
determined is economically less developed or has a limited market
economy, which are used to purchase sovereign debt of such
country or to reduce the debt or debt service burden of such
country) during the 4-year period beginning on January 1, 1990,
to 25 percent of the aggregate value of all loans made by the
Bank during such 4-year period;
(2) take all necessary steps to encourage the Bank to limit the
aggregate value of the policy based loans made by the Bank to the
government of a particular country during such 4-year period, to
50 percent of the aggregate value of all loans made by the Bank
to such government during such 4-year period;
(3) instruct the United States Executive Director of the Bank
to explore with the other Executive Directors of the Bank ways to
use a portion of the resources made available to the Bank by
reason of the subscription and contribution described in section
283z-5(a)(2) of this title for debt reduction and debt service
reduction for countries described in paragraph (1); and
(4) before the end of the 12-month period beginning on December
19, 1989, report to the Congress on the matters described in
paragraph (3).
-SOURCE-
(Pub. L. 86-147, Sec. 35, as added Pub. L. 101-240, title II, Sec.
203, Dec. 19, 1989, 103 Stat. 2498.)
-End-
-CITE-
22 USC Sec. 283z-8 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283z-8. Increase in lending to Caribbean
-STATUTE-
The Secretary of the Treasury shall instruct the United States
Executive Director of the Bank to enter into discussions with the
management of the Bank and with other member country governments to
seek to increase Bank lending to the Caribbean region, directly or
through appropriate financial intermediaries, for viable projects
which will -
(1) result in expanded regional economic integration,
diversification, and industrial and agricultural production, and
improved infrastructure; and
(2) seek to ensure equitable and environmentally sustainable
economic growth.
-SOURCE-
(Pub. L. 86-147, Sec. 36, as added Pub. L. 101-240, title II, Sec.
204, Dec. 19, 1989, 103 Stat. 2499.)
-End-
-CITE-
22 USC Sec. 283z-9 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283z-9. Multilateral Investment Fund
-STATUTE-
(a) Authorization of contribution
The Secretary of the Treasury is authorized to contribute, and to
make payment of, $500,000,000 to the Multilateral Investment Fund
established pursuant to the agreements of February 11, 1992:
Provided, That such funds shall only be disbursed from the Fund to
countries that have governments that are democratically
elected,(!1) that do not harbor or sponsor international
terrorists; that do not fail to cooperate in narcotics matters; and
that do not engage in a consistent pattern of gross violations of
internationally recognized human rights.
(b) Authorization of appropriations
There is hereby authorized to be appropriated without fiscal year
limitation $500,000,000 for the contribution authorized in
subsection (a) of this section.
(c) Environmental assessment of actions
If an Enterprise for the Americas Multilateral Investment Fund is
established pursuant to this section, the Secretary of the Treasury
shall instruct the United States representative to the Fund not to
vote in favor of any action proposed to be taken by the Fund which
may have a significant adverse effect on the environment unless an
assessment of the impact of the action on the environment has been
available for at least 120 days before the vote.
-SOURCE-
(Pub. L. 86-147, Sec. 37, as added Pub. L. 102-391, title V, Sec.
594(b), Oct. 6, 1992, 106 Stat. 1693.)
-FOOTNOTE-
(!1) So in original. The comma probably should be a semicolon.
-End-
-CITE-
22 USC Sec. 283z-10 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII - INTER-AMERICAN DEVELOPMENT BANK
-HEAD-
Sec. 283z-10. Focus on low-income areas of Latin America and
Caribbean
-STATUTE-
The Secretary of the Treasury shall direct the United States
Executive Director of the Bank to use the voice and vote of the
United States to support an increased focus on the poorest
countries in Latin America and the Caribbean, and on poorer areas
of better off countries, and to support programs conducted by the
Multilateral Investment Fund, particularly in targeting low-income
countries and populations, working with nongovernmental
organizations and training and assisting former combatants from
civil conflicts in Latin America.
-SOURCE-
(Pub. L. 86-147, Sec. 38, as added Pub. L. 103-306, title V, Sec.
526(f), Aug. 23, 1994, 108 Stat. 1634.)
-End-
-CITE-
22 USC SUBCHAPTER XII-A - INTER-AMERICAN INVESTMENT
CORPORATION 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII09A - INTER-AMERICAN INVESTMENT CORPORATION
-HEAD-
SUBCHAPTER XII-A - INTER-AMERICAN INVESTMENT CORPORATION
-End-
-CITE-
22 USC Sec. 283aa 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII09A - INTER-AMERICAN INVESTMENT CORPORATION
-HEAD-
Sec. 283aa. Acceptance of membership
-STATUTE-
The President is hereby authorized to accept membership for the
United States in the Inter-American Investment Corporation
(hereinafter in this subchapter referred to as the "Corporation")
provided for by the agreement establishing the Corporation
(hereinafter in this subchapter referred to as the "agreement")
deposited in the archives of the Inter-American Development Bank.
-SOURCE-
(Pub. L. 98-473, title I, Sec. 101(1) [title I], Oct. 12, 1984, 98
Stat. 1884, 1885.)
-COD-
CODIFICATION
Section is based on section 202 of title II of S. 2416,
Ninety-eighth Congress, as introduced Mar. 13, 1984, and enacted
into law by Pub. L. 98-473.
-MISC1-
SHORT TITLE
Section 201 of title II of S. 2416, as introduced in the Senate
Mar. 13, 1984, and as enacted into permanent law by section 101(1)
[title I] of Pub. L. 98-473, provided that: "This title [enacting
this subchapter and amending section 276c-2 of this title and
section 24 of Title 12, Banks and Banking] may be cited as the
'Inter-American Investment Corporation Act'."
-End-
-CITE-
22 USC Sec. 283bb 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII09A - INTER-AMERICAN INVESTMENT CORPORATION
-HEAD-
Sec. 283bb. Governor, Director, and alternates
-STATUTE-
The Governor and Executive Director of the Inter-American
Development Bank, and the alternate for each of them, appointed
under section 283a of this title, shall serve as Governor,
Director, and alternates, respectively, of the Corporation.
-SOURCE-
(Pub. L. 98-473, title I, Sec. 101(1) [title I], Oct. 12, 1984, 98
Stat. 1884, 1885.)
-COD-
CODIFICATION
Section is based on section 203 of title II of S. 2416,
Ninety-eighth Congress, as introduced Mar. 13, 1984, and enacted
into law by Pub. L. 98-473.
-End-
-CITE-
22 USC Sec. 283cc 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII09A - INTER-AMERICAN INVESTMENT CORPORATION
-HEAD-
Sec. 283cc. Applicability of Bretton Woods Agreements Act
-STATUTE-
The provisions of section 286b of this title shall apply with
respect to the Corporation to the same extent as with respect to
the International Bank for Reconstruction and Development and the
International Monetary Fund.
-SOURCE-
(Pub. L. 98-473, title I, Sec. 101(1) [title I], Oct. 12, 1984, 98
Stat. 1884, 1885; Pub. L. 101-240, title V, Sec. 541(e)(3), Dec.
19, 1989, 103 Stat. 2518.)
-COD-
CODIFICATION
Section is based on section 204 of title II of S. 2416,
Ninety-eighth Congress, as introduced Mar. 13, 1984, and enacted
into law by Pub. L. 98-473.
-MISC1-
AMENDMENTS
1989 - Pub. L. 101-240 struck out at end "Reports with respect to
the Corporation under paragraphs (5) and (6) of subsection (b) of
section 286b of this title shall be included in the first and
subsequent reports made thereunder after the United States accepts
membership in the Corporation."
-End-
-CITE-
22 USC Sec. 283dd 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII09A - INTER-AMERICAN INVESTMENT CORPORATION
-HEAD-
Sec. 283dd. 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 Corporation;
(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 Corporation; or
(3) make a loan or provide other financing to the Corporation.
-SOURCE-
(Pub. L. 98-473, title I, Sec. 101(1) [title I], Oct. 12, 1984, 98
Stat. 1884, 1885.)
-COD-
CODIFICATION
Section is based on section 205 of title II of S. 2416,
Ninety-eighth Congress, as introduced Mar. 13, 1984, and enacted
into law by Pub. L. 98-473.
-FOOTNOTE-
(!1) So in original. No subsec. (b) has been enacted.
-End-
-CITE-
22 USC Sec. 283ee 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII09A - INTER-AMERICAN INVESTMENT CORPORATION
-HEAD-
Sec. 283ee. Federal Reserve banks as depositories
-STATUTE-
Any Federal Reserve bank which is requested to do so by the
Corporation 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. 98-473, title I, Sec. 101(1) [title I], Oct. 12, 1984, 98
Stat. 1884, 1885.)
-COD-
CODIFICATION
Section is based on section 206 of title II of S. 2416,
Ninety-eighth Congress, as introduced Mar. 13, 1984, and enacted
into law by Pub. L. 98-473.
-End-
-CITE-
22 USC Sec. 283ff 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII09A - INTER-AMERICAN INVESTMENT CORPORATION
-HEAD-
Sec. 283ff. Subscription of stock
-STATUTE-
(a) Secretary of the Treasury as subscribing authority
The Secretary of the Treasury is authorized to subscribe on
behalf of the United States to five thousand one hundred shares of
the capital stock of the Corporation: 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
subscription of the United States for those shares, $51,000,000.
(c) Disposition of dividends
Any payment of dividends made to the United States by the
Corporation shall be deposited into the Treasury as a miscellaneous
receipt.
-SOURCE-
(Pub. L. 98-473, title I, Sec. 101(1) [title I], Oct. 12, 1984, 98
Stat. 1884, 1885.)
-COD-
CODIFICATION
Section is based on section 207 of title II of S. 2416,
Ninety-eighth Congress, as introduced Mar. 13, 1984, and enacted
into law by Pub. L. 98-473.
-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
Inter-American Investment Corporation, and authorized $125,180,000
to be appropriated without fiscal year limitation for payment by
the Secretary for paid-in capital of the Corporation.
-End-
-CITE-
22 USC Sec. 283gg 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII09A - INTER-AMERICAN INVESTMENT CORPORATION
-HEAD-
Sec. 283gg. 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 Corporation in
accordance with the agreement, the Corporation 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 Corporation 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 Corporation 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. 98-473, title I, Sec. 101(1) [title I], Oct. 12, 1984, 98
Stat. 1884, 1885.)
-COD-
CODIFICATION
Section is based on section 208 of title II of S. 2416,
Ninety-eighth Congress, as introduced Mar. 13, 1984, and enacted
into law by Pub. L. 98-473.
-End-
-CITE-
22 USC Sec. 283hh 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII09A - INTER-AMERICAN INVESTMENT CORPORATION
-HEAD-
Sec. 283hh. Effectiveness of agreement
-STATUTE-
Article VI, section 4(c), and article VII, sections 2 to 9, both
inclusive, 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 Corporation.
-SOURCE-
(Pub. L. 98-473, title I, Sec. 101(1) [title I], Oct. 12, 1984, 98
Stat. 1884, 1885.)
-COD-
CODIFICATION
Section is based on section 209 of title II of S. 2416,
Ninety-eighth Congress, as introduced Mar. 13, 1984, and enacted
into law by Pub. L. 98-473.
-End-
-CITE-
22 USC Sec. 283ii 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XII09A - INTER-AMERICAN INVESTMENT CORPORATION
-HEAD-
Sec. 283ii. Securities issued by the Corporation
-STATUTE-
(a) Exempted securities
Any securities issued by the Corporation (including any guarantee
by the Corporation, whether or not limited in scope) in connection
with the raising of funds for inclusion in the Corporation's
resources as defined in article II, section 2 of the agreement, and
any securities guaranteed by the Corporation as to both principal
and interest to which the commitment in article II, section 2(e) 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 Corporation 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 Corporation and its operations as necessary in the public
interest or for the protection of investors.
(b) Suspension by Securities and Exchange Commission
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 Corporation 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. 98-473, title I, Sec. 101(1) [title I], Oct. 12, 1984, 98
Stat. 1884, 1885.)
-COD-
CODIFICATION
Section is based on section 210 of title II of S. 2416,
Ninety-eighth Congress, as introduced Mar. 13, 1984, and enacted
into law by Pub. L. 98-473.
-TRANS-
DELEGATION OF FUNCTIONS
Section 2 of Ex. Ord. No. 12567, Oct. 2, 1986, 51 F.R. 35495,
provided that: "The functions vested in the President by Section
210 of the Inter-American Investment Corporation Act [this section]
are hereby delegated to the Secretary of the Treasury."
-End-
-CITE-
22 USC SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT
ASSOCIATION 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-End-
-CITE-
22 USC Sec. 284 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284. Acceptance of membership by United States in
International Development Association
-STATUTE-
The President is hereby authorized to accept membership for the
United States in the International Development Association
(hereinafter referred to as the "Association"), provided for by the
Articles of Agreement (hereinafter referred to as the "Articles")
of the Association deposited in the archives of the International
Bank for Reconstruction and Development.
-SOURCE-
(Pub. L. 86-565, Sec. 2, June 30, 1960, 74 Stat. 293.)
-MISC1-
SHORT TITLE
Section 1 of Pub. L. 86-565 provided that: "This Act [enacting
this subchapter] may be cited as the 'International Development
Association Act'."
PAR VALUE MODIFICATION
For Congressional direction that the Secretary of the Treasury
maintain the value in terms of gold of the International
Development Association's holdings of United States dollars
following the establishment of a par value of the dollar at $38 for
a fine troy ounce of gold pursuant to the Par Value Modification
Act and for the authorization of the appropriations necessary to
provide such maintenance of value, see section 5152 of Title 31,
Money and Finance.
-End-
-CITE-
22 USC Sec. 284a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284a. Governor, executive director, and alternates of
Association
-STATUTE-
The Governor and Executive Director of the International Bank for
Reconstruction and Development, and the alternate for each of them,
appointed under section 286a of this title, shall serve as
Governor, Executive Director and alternates, respectively, of the
Association.
-SOURCE-
(Pub. L. 86-565, Sec. 3, June 30, 1960, 74 Stat. 293.)
-End-
-CITE-
22 USC Sec. 284b 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284b. National Advisory Council on International Monetary and
Financial Problems
-STATUTE-
The provisions of section 286b of this title, shall apply with
respect to the Association to the same extent as with respect to
the International Bank for Reconstruction and Development and the
International Monetary Fund.
-SOURCE-
(Pub. L. 86-565, Sec. 4, June 30, 1960, 74 Stat. 294; Pub. L.
101-240, title V, Sec. 541(e)(4), Dec. 19, 1989, 103 Stat. 2518.)
-MISC1-
AMENDMENTS
1989 - Pub. L. 101-240 struck out at end "Reports with respect to
the Association under paragraphs (5) and (6) of subsection (b) of
section 286b of this title, shall be included in the first report
made thereunder after the establishment of the Association and in
each succeeding report."
-TRANS-
DELEGATION OF FUNCTIONS
Functions of National Advisory Council on International Monetary
and Financial Problems under this section delegated to National
Advisory Council on International Monetary and Financial Policies,
see section 2(a) of Ex. Ord. No. 11269, Feb. 14, 1966, 31 F.R.
2813, set out as a note under section 286b of this title.
-End-
-CITE-
22 USC Sec. 284c 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284c. Congressional authorization needed for certain actions
-STATUTE-
Unless Congress by law authorizes such action, neither the
President nor any person or agency shall, on behalf of the United
States, (a) subscribe to additional funds under article III,
section 1, of the articles; (b) accept any amendment under article
IX of the articles; or (c) make a loan or provide other financing
to the Association.
-SOURCE-
(Pub. L. 86-565, Sec. 5, June 30, 1960, 74 Stat. 294.)
-End-
-CITE-
22 USC Sec. 284d 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284d. Federal Reserve banks as depositories
-STATUTE-
Any Federal Reserve bank which is requested to do so by the
Association 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. 86-565, Sec. 6, June 30, 1960, 74 Stat. 294.)
-End-
-CITE-
22 USC Sec. 284e 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284e. Payment of subscription to Association by United States
-STATUTE-
(a) Authorization of appropriations for subscription
There is hereby authorized to be appropriated, without fiscal
year limitation, for the subscription of the United States to the
Association, $320,290,000.
(b) Increase in Association resources; contribution; authorization
of appropriations
The United States Governor is hereby authorized (1) to vote for
an increase in the resources of the Association and (2) to agree on
behalf of the United States to contribute to the Association the
sum of $312 million, both as recommended by the Executive
Directors, in a report dated September 9, 1963, to the Board of
Governors of the Association. There is hereby authorized to be
appropriated out of funds supplied by the Nation's taxpayers or out
of funds borrowed on their credit, without fiscal year limitations,
$312 million to provide the United States share of the increase in
the resources of the Association.
(c) Issuance of special notes
For the purpose of keeping to a minimum the cost to the United
States of participation in the Association, the Secretary of the
Treasury is authorized and directed to issue special notes of the
United States from time to time, at par, and to deliver such notes
to the Association in exchange for dollars to the extent permitted
by the articles. The special notes provided for in this subsection
shall be issued under the authority and subject to the provisions
of chapter 31 of title 31, and the purposes for which securities
may be issued under that chapter are extended to include the
purposes for which special notes are authorized and directed to be
issued under this subsection, but such notes shall bear no
interest, shall be nonnegotiable, and shall be payable on demand of
the Association. The face amount of special notes issued to the
Association under the authority of this subsection and outstanding
at any one time shall not exceed, in the aggregate, the amount
actually paid to the Association under the articles.
(d) Income covered into Treasury
Any payment made to the United States by the Association as a
distribution of net income shall be covered into the Treasury as a
miscellaneous receipt.
-SOURCE-
(Pub. L. 86-565, Sec. 7, June 30, 1960, 74 Stat. 294; Pub. L.
88-310, Secs. 1, 2, May 26, 1964, 78 Stat. 200.)
-COD-
CODIFICATION
In subsec. (c), "chapter 31 of title 31" and "that chapter"
substituted for "the Second Liberty Bond Act, as amended" and "that
Act", respectively, 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
1964 - Subsecs. (b) to (d). Pub. L. 88-310 added subsec. (b),
redesignated former subsec. (b) as (c) and struck out ", after
paying the requisite part of the subscription of the United States
in the Association required to be made under the articles." after
"Secretary of the Treasury" in first sentence and "of the
subscription of the United States" after "amount" in third
sentence, respectively, and redesignated former subsec. (c) as (d).
-End-
-CITE-
22 USC Sec. 284f 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284f. Jurisdiction and venue of actions
-STATUTE-
For the purpose of any action which may be brought within the
United States, its possessions, or the Commonwealth of Puerto Rico,
by or against the Association in accordance with the articles, the
Association shall be deemed to be an inhabitant of the Federal
Judicial district in which its principal office in the United
States is located, and any such action at law or in equity to which
the Association shall be a party shall be deemed to arise under the
laws of the United States, and the district courts of the United
States shall have original jurisdiction of any such action. When
the Association is a defendant in any such action, it may, at any
time before the trial thereof, remove such action from a State
court 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. 86-565, Sec. 8, June 30, 1960, 74 Stat. 294.)
-End-
-CITE-
22 USC Sec. 284g 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284g. Status, privileges, and immunities of the United States
-STATUTE-
The provisions of article VII, section 5(d), and article VIII
sections 2 to 9, both inclusive, of the articles shall have full
force and effect in the United States, its possessions, and the
Commonwealth of Puerto Rico, upon acceptance of membership by the
United States in, and the establishment of, the Association.
-SOURCE-
(Pub. L. 86-565, Sec. 9, June 30, 1960, 74 Stat. 295.)
-End-
-CITE-
22 USC Sec. 284h 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284h. Second replenishment; authorization of appropriations
-STATUTE-
The United States Governor is hereby authorized (1) to vote in
favor of the second replenishment resolutions providing for an
increase in the resources of the Association, and (2) to agree on
behalf of the United States to contribute to the Association the
sum of $480,000,000, as recommended by the Executive Directors in a
report dated March 8, 1968, to the Board of Governors of the
Association. There is hereby authorized to be appropriated, without
fiscal year limitation, $480,000,000 for payment by the Secretary
of the Treasury of the United States share of the increase in the
resources of the Association.
-SOURCE-
(Pub. L. 86-565, Sec. 10, as added Pub. L. 91-14, May 23, 1969, 83
Stat. 10.)
-End-
-CITE-
22 USC Sec. 284i 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284i. Third replenishment; authorization of appropriations
-STATUTE-
The United States Governor is hereby authorized to agree on
behalf of the United States to contribute to the Association three
annual installments of $320,000,000 each as recommended in the
"Report of the Executive Directors to the Board of Governors on
Additions to IDA Resources: Third Replenishment," dated July 21,
1970. There is hereby authorized to be appropriated, without fiscal
year limitation, the amounts necessary for payment by the Secretary
of the Treasury of three annual installments of $320,000,000 each
for the United States share of the increase in the resources of the
Association.
-SOURCE-
(Pub. L. 86-565, Sec. 11, as added Pub. L. 92-247, Sec. 1, Mar. 10,
1972, 86 Stat. 60.)
-End-
-CITE-
22 USC Sec. 284j 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284j. Expropriation of United States property; loan
restrictions
-STATUTE-
The President shall instruct the United States Executive
Directors of the International Bank for Reconstruction and
Development and the International Development Association to vote
against any loan or other utilization of the funds of the Bank and
the Association 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 the 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. 86-565, Sec. 12, as added Pub. L. 92-247, Sec. 1, Mar. 10,
1972, 86 Stat. 60.)
-End-
-CITE-
22 USC Sec. 284k 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284k. Illegal drug traffic; loan restrictions
-STATUTE-
The Secretary of the Treasury shall instruct the United States
Executive Directors of the International Bank for Reconstruction
and Development and the International Development Association to
vote against any loan or other utilization of the funds of the Bank
and the Association for the benefit of any country with respect to
which the President has made a determination, and so notified the
Secretary of the Treasury, that the government of such country has
failed to take adequate steps to prevent narcotic drugs and other
controlled substances (as defined by the Comprehensive Drug Abuse
Prevention and Control Act of 1970 [21 U.S.C. 801 et seq.])
produced or processed, in whole or in part, in such country, or
transported through such country, from being sold illegally within
the jurisdiction of such country to United States Government
personnel or their dependents, or from entering the United States
unlawfully. Such instruction shall continue in effect until the
President determines, and so notifies the Secretary of the
Treasury, that the government of such country has taken adequate
steps to prevent such sale or entry of narcotic drugs and other
controlled substances.
-SOURCE-
(Pub. L. 86-565, Sec. 13, as added Pub. L. 92-247, Sec. 2, Mar. 10,
1972, 86 Stat. 61.)
-REFTEXT-
REFERENCES IN TEXT
The Comprehensive Drug Abuse Prevention and Control Act of 1970,
referred to in text, is Pub. L. 91-513, Oct. 27, 1970, 84 Stat.
1236, as amended, which is classified principally to chapter 13
(Sec. 801 et seq.) of Title 21, Food and Drugs. For classification
of this Act to the Code, see Short Title note set out under section
801 of Title 21 and Tables.
-End-
-CITE-
22 USC Sec. 284l 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284g742l. Fourth replenishment; authorization of
appropriations
-STATUTE-
(a) The United States Governor is hereby authorized to agree on
behalf of the United States to pay to the Association four annual
installments of $375,000,000 each as the United States contribution
to the Fourth Replenishment of the Resources of the Association.
(b) In order to pay for the United States contribution, there is
hereby authorized to be appropriated without fiscal year limitation
four annual installments of $375,000,000 each for payment by the
Secretary of the Treasury.
-SOURCE-
(Pub. L. 86-565, Sec. 14, as added Pub. L. 93-373, Sec. 1, Aug. 14,
1974, 88 Stat. 445.)
-End-
-CITE-
22 USC Sec. 284m 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284m. Repealed. Pub. L. 95-118, title VII, Sec. 702, Oct. 3,
1977, 91 Stat. 1070
-MISC1-
Section, Pub. L. 86-565, Sec. 15, as added Pub. L. 93-373, Sec.
3, Aug. 14, 1974, 88 Stat. 445, set forth provisions relating to
United States participation in loans by the International
Development Association to any country developing any nuclear
explosive device. 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. 284n 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284n. Fifth replenishment; authorization of appropriations
-STATUTE-
(a) The United States Governor is authorized to agree on behalf
of the United States to pay to the Association $2,400,000,000 as
the United States contribution to the fifth replenishment of the
Resources of the Association: Provided, however, That any
commitment to make such contributions 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, $2,400,000,000 for payment by the
Secretary of the Treasury.
-SOURCE-
(Pub. L. 86-565, Sec. 16, as added Pub. L. 95-118, title IV, Sec.
401, Oct. 3, 1977, 91 Stat. 1068.)
-MISC1-
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. 284o 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284g742o. Sixth replenishment; authorization of appropriations
-STATUTE-
(a) The United States Governor is authorized to agree on behalf
of the United States to pay to the Association $3,240,000,000 as
the United States contribution to the sixth replenishment of the
resources of the Association: Provided, however, That any
commitment to make such contributions shall be made subject to
obtaining the necessary appropriations.
(b) In order to pay for the United States contributions provided
for in this section, there is authorized to be appropriated,
without fiscal year limitation, $3,240,000,000 for payment by the
Secretary of the Treasury: Provided, however, That not more than
$850,000,000 of such sum may be made available for the fiscal year
1982 and not more than $945,000,000 of such sum may be made
available for the fiscal year 1983.
-SOURCE-
(Pub. L. 86-565, Sec. 17, as added Pub. L. 97-35, title XIII, Sec.
1321, Aug. 13, 1981, 95 Stat. 740.)
-MISC1-
EFFECTIVE DATE
Section effective Aug. 13, 1981, see section 1372 of Pub. L.
97-35, set out as a note under section 290i of this title.
-End-
-CITE-
22 USC Sec. 284p 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284p. Seventh replenishment; authorization of appropriations
-STATUTE-
(a) The United States Governor is hereby authorized to agree on
behalf of the United States to pay to the Association
$2,250,000,000 as the United States contribution to the seventh
replenishment of the resources of the Association, except that any
commitment to make such contributions shall be made subject to
obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided
for in subsection (a) of this section, there are authorized to be
appropriated, without fiscal year limitation, $2,250,000,000 for
payment by the Secretary of the Treasury.
-SOURCE-
(Pub. L. 86-565, Sec. 18, as added Pub. L. 98-473, title I, Sec.
101(1) [title I], Oct. 12, 1984, 98 Stat. 1884, 1885.)
-COD-
CODIFICATION
Section 18 of Pub. L. 86-565 is based on section 901 of S. 2582,
Ninety-eighth Congress, as reported Apr. 18, 1984, and enacted into
law by Pub. L. 98-473.
-MISC1-
CREDITS AVAILABLE TO SUB-SAHARAN AFRICA
Pub. L. 98-473, title I, Sec. 101(1) [title I], Oct. 12, 1984, 98
Stat. 1884, 1885, provided: "That the Secretary of the Treasury
shall instruct the United States Executive Director to undertake
negotiations to ensure, to the maximum extent possible consistent
with the effective use of resources, that the amount of development
credits made available to sub-Saharan Africa through the seventh
replenishment shall equal or exceed the amount of development
credits made available to sub-Saharan Africa through the sixth
replenishment."
-End-
-CITE-
22 USC Sec. 284q 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284q. Special Facility for Sub-Saharan Africa
-STATUTE-
(a) The Secretary of the Treasury shall pay to the Special
Facility for Sub-Saharan Africa, administered by the Association,
amounts appropriated pursuant to subsection (b) of this section.
(b) For purposes of the United States contribution provided for
in subsection (a) of this section, there are authorized to be
appropriated, without fiscal year limitation, $225,000,000.
-SOURCE-
(Pub. L. 86-565, Sec. 19, as added Pub. L. 99-190, Sec. 101(i)
[title I, (a)], Dec. 19, 1985, 99 Stat. 1291, 1294.)
-COD-
CODIFICATION
Section 19 of Pub. L. 86-565 is based on section 102 of title I
of H.R. 2253, Ninety-ninth Congress, as reported May 15, 1985, and
enacted into law by Pub. L. 99-190.
-MISC1-
CONGRESSIONAL FINDINGS
Section 101 of title I of H.R. 2253, as enacted into permanent
law by section 101(i) of Pub. L. 99-190, provided that: "The
Congress hereby finds that -
"(1) Sub-Saharan Africa faces a virtually unprecedented
condition of human misery which threatens the lives of one
hundred and fifty million people;
"(2) only the combined effort of both the African nations
themselves and international aid donors can overcome the
obstacles to economic development which have given rise to
conditions of famine, declining food production, infant
mortality, desertification, and deteriorating infrastructure;
"(3) international relief efforts have helped to address the
immediate crisis of starvation in Africa and the United States
has made important contributions to this effort both bilaterally
and through contributions to the multilateral development
institutions;
"(4) there is a serious shortfall in the external capital
resources necessary to support the policy reform efforts of the
African governments and to achieve the long-term development
necessary to avert a chronic state of crisis in Sub-Saharan
Africa;
"(5) the Special Facility for Sub-Saharan Africa will have as
its primary goal the implementation of policy reforms to help the
African countries to help themselves;
"(6) to succeed, these efforts must be reinforced by
development resources;
"(7) the appalling conditions prevalent in the countries of
Sub-Saharan Africa underscore the need for the United States to
participate in a coordinated framework with the other aid donor
countries; and
"(8) the Special Facility for Sub-Saharan Africa provides such
a framework and it is in the humanitarian, economic, and
strategic interests of the United States to participate."
-End-
-CITE-
22 USC Sec. 284r 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284r. Eighth replenishment; authorization of appropriations
-STATUTE-
(a) The United States Governor is hereby authorized to agree on
behalf of the United States to pay to the Association
$2,875,000,000 to the eighth replenishment of the resources of the
Association, except that any commitment to make such contributions
shall be made subject to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided
for in subsection (a) of this section, there are authorized to be
appropriated, without fiscal year limitation, $2,875,000,000 for
payment by the Secretary of the Treasury.
-SOURCE-
(Pub. L. 86-565, Sec. 20, as added Pub. L. 100-202, Sec. 101(e)
[title I], Dec. 22, 1987, 101 Stat. 1329-131, 1329-134.)
-COD-
CODIFICATION
Section 20 of Pub. L. 86-565 is based on section 101 of title I
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. 284s 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIII - INTERNATIONAL DEVELOPMENT ASSOCIATION
-HEAD-
Sec. 284s. Ninth replenishment
-STATUTE-
(a) In general
The United States Governor is hereby authorized to agree on
behalf of the United States to pay to the Association
$3,180,000,000 to the ninth replenishment of the resources of the
Association, subject to obtaining the necessary appropriations.
(b) Limitations on authorization of appropriations
In order to pay for the United States contribution provided for
in subsection (a) of this section, there are authorized to be
appropriated, without fiscal year limitation, $3,180,000,000 for
payment by the Secretary of the Treasury.
-SOURCE-
(Pub. L. 86-565, Sec. 21, as added Pub. L. 101-513, title V, Sec.
562(a)(1), Nov. 5, 1990, 104 Stat. 2032.)
-MISC1-
SUBSEQUENT REPLENISHMENTS
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 twelfth replenishment of the International
Development Association, and authorized $2,410,000,000 to be
appropriated without fiscal year limitation.
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
contribute on behalf of the United States to the eleventh
replenishment of the resources of the International Development
Association, subject to obtaining the necessary appropriations, and
authorized $1,600,000,000 to be appropriated without fiscal year
limitation.
Pub. L. 103-87, title V, Sec. 526, Sept. 30, 1993, 107 Stat. 952,
provided in part that the Secretary of the Treasury is authorized
to agree on behalf of the United States to participate in the tenth
replenishment of the resources of the International Development
Association, subject to obtaining the necessary appropriations, and
pursuant to the tenth replenishment authorized $2,500,000,000 to be
appropriated.
-End-
-CITE-
22 USC SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-End-
-CITE-
22 USC Sec. 285 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285. Acceptance of membership by United States in Asian
Development Bank
-STATUTE-
The President is hereby authorized to accept membership for the
United States in the Asian Development Bank (hereinafter referred
to as the "Bank") provided for by the agreement establishing the
Bank (hereinafter referred to as the "agreement") deposited in the
archives of the United Nations.
-SOURCE-
(Pub. L. 89-369, Sec. 2, Mar. 16, 1966, 80 Stat. 71.)
-MISC1-
SHORT TITLE
Section 1 of Pub. L. 89-369 provided: "That this Act [enacting
this subchapter and amending section 24 of Title 12, Banks and
Banking] may be cited as the 'Asian Development Bank Act'."
PAR VALUE MODIFICATION
For Congressional direction that the Secretary of the Treasury
maintain the value in terms of gold of the Asian Development Bank's
holdings of United States dollars following the establishment of a
par value of the dollar at $38 for a fine troy ounce of gold
pursuant to the Par Value Modification Act and for the
authorization of the appropriations necessary to provide such
maintenance of value, see section 5152 of Title 31, Money and
Finance.
-End-
-CITE-
22 USC Sec. 285a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285a. Appointment of Governor, Alternate Governor and
Director; compensation
-STATUTE-
(a) 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) No person shall be entitled to receive any salary or other
compensation from the United States for services as a Governor or
Alternate Governor. The Director may, in the discretion of the
President, receive such compensation, allowances, and other
benefits as, together with those received by him from the Bank,
will equal those authorized for a chief of mission under the
Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.].
-SOURCE-
(Pub. L. 89-369, Sec. 3, Mar. 16, 1966, 80 Stat. 71; Pub. L.
96-465, title II, Sec. 2206(a)(1), Oct. 17, 1980, 94 Stat. 2160.)
-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. 285b 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285b. Coordination of policies and operations
-STATUTE-
The policies and operations of the representatives of the United
States on the Bank shall be coordinated with other United States
policies in such manner as the President shall direct.
-SOURCE-
(Pub. L. 89-369, Sec. 4, Mar. 16, 1966, 80 Stat. 71; Pub. L.
101-240, title V, Sec. 541(d)(2), (f)(3), Dec. 19, 1989, 103 Stat.
2518, 2519.)
-MISC1-
AMENDMENTS
1989 - Pub. L. 101-240 struck out subsec. (a) designation and
struck out subsec. (b) which read as follows: "An annual report
with respect to United States participation in the Bank shall be
submitted to the Congress by such agency or officer as the
President shall designate."
-End-
-CITE-
22 USC Sec. 285c 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285c. Congressional authorization needed for certain actions
-STATUTE-
Unless the Congress by law authorizes such action, neither the
President nor any person or agency shall, on behalf of the United
States, (a) subscribe to additional shares of stock of the Bank;
(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 Bank; or (c) make a loan or
provide other financing to the Bank, except that funds for
technical assistance note to exceed $1,000,000 in any one year 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. 89-369, Sec. 5, Mar. 16, 1966, 80 Stat. 72.)
-MISC1-
SUBSEQUENT REPLENISHMENTS
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
contribute on behalf of the United States to the sixth
replenishment of the resources of the Asian Development Fund,
subject to obtaining the necessary appropriations, and authorized
$400,000,000 to be appropriated without fiscal year limitation.
Pub. L. 103-87, title V, Sec. 526, Sept. 30, 1993, 107 Stat. 952,
provided in part that the Secretary of the Treasury is authorized
to agree on behalf of the United States to participate in the fifth
replenishment of the Asian Development Fund, subject to obtaining
the necessary appropriations.
-End-
-CITE-
22 USC Sec. 285d 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285d. 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. 89-369, Sec. 6, Mar. 16, 1966, 80 Stat. 72.)
-End-
-CITE-
22 USC Sec. 285e 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285e. Authorization of appropriations; income covered into
Treasury
-STATUTE-
(a) There is hereby authorized to be appropriated, without fiscal
year limitation, for the purchase of twenty thousand shares of
capital stock of the Bank, $200,000,000.
(b) 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. 89-369, Sec. 7, Mar. 16, 1966, 80 Stat. 72.)
-End-
-CITE-
22 USC Sec. 285f 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285f. Jurisdiction and venue 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 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 or
agency in the United States 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 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. 89-369, Sec. 8, Mar. 16, 1966, 80 Stat. 72.)
-End-
-CITE-
22 USC Sec. 285g 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285g. Status, immunities, and privileges
-STATUTE-
The agreement, and particularly articles 49 through 56, 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, and the
establishment of, 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 that the United
States retains for itself and its political subdivisions the right
to tax salaries and emoluments paid by the Bank to its citizens or
nationals.
-SOURCE-
(Pub. L. 89-369, Sec. 9, Mar. 16, 1966, 80 Stat. 72.)
-End-
-CITE-
22 USC Sec. 285h 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285h. Securities issued by Bank as exempt securities;
suspension of exemption provisions; reports to and of Securities
and Exchange Commission
-STATUTE-
(a) Any securities issued by the Bank (including any guarantee by
the Bank, whether or not limited in scope) in connection with
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, section 5, of the agreement
is expressly applicable, shall be deemed to be exempted securities
within the meaning of subsection (a)(2) of section 77c of title 15,
and subsection (a)(12) of section 78c 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) 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. 89-369, Sec. 11, Mar. 16, 1966, 80 Stat. 73.)
-End-
-CITE-
22 USC Sec. 285i 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285i. Authorization for payment of United States contribution;
United States Special Resources
-STATUTE-
(a) Subject to the provisions of this subchapter, the United
States Governor of the Bank is authorized to enter into an
agreement with the Bank providing for a United States contribution
of $100,000,000 to the Bank in two annual installments of
$60,000,000 and $40,000,000, beginning in fiscal year 1972. This
contribution is referred to hereinafter in this subchapter as the
"United States Special Resources".
(b) The United States Special Resources shall be made available
to the Bank pursuant to the provisions of this subchapter and
article 19 of the Articles of Agreement of the Bank, and in a
manner consistent with the Bank's Special Funds Rules and
Regulations.
-SOURCE-
(Pub. L. 89-369, Sec. 12, as added Pub. L. 92-245, Sec. 1, Mar. 10,
1972, 86 Stat. 57.)
-End-
-CITE-
22 USC Sec. 285j 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285j. United States Special Resources
-STATUTE-
(a) Development projects and programs
The United States Special Resources shall be used to finance
specific high priority development projects and programs in
developing member countries of the Bank with emphasis on such
projects and programs in the Southeast Asia region.
(b) Authorized uses
The United States Special Resources shall be used by the Bank
only for -
(1) making development loans on terms which may be more
flexible and bear less heavily on the balance of payments than
those established by the Bank for its ordinary operations; and
(2) providing technical assistance credits on a reimbursable
basis.
(c) Eligible goods and services
(1) The United States Special Resources may be expended by the
Bank only for procurement in the United States of goods produced
in, or services supplied from the United States, except that the
United States Governor, in consultation with the National Advisory
Council on International Monetary and Financial Policies, may allow
eligibility for procurement in other member countries from the
United States Special Resources if he determines that such
procurement eligibility would materially improve the ability of the
Bank to carry out the objectives of its special funds resources and
would be compatible with the international financial position of
the United States.
(2) The United States Special Resources may be used to pay for
administrative expenses arising from the use of the United States
Special Resources, but only to the extent such expenses are not
covered from the Bank's service fee or income from use of United
States Special Resources.
(d) Repayment in dollars
All financing of programs and projects by the Bank from the
United States Special Resources shall be repayable to the Bank by
the borrowers in United States dollars.
-SOURCE-
(Pub. L. 89-369, Sec. 13, as added Pub. L. 92-245, Sec. 1, Mar. 10,
1972, 86 Stat. 57.)
-TRANS-
DELEGATION OF FUNCTIONS
Functions of National Advisory Council on International Monetary
and Financial Problems delegated to National Advisory Council on
International Monetary and Financial Policies, see section 2(a) of
Ex. Ord. No. 11269, Feb. 14, 1966, 31 F.R. 2813, set out as a note
under section 286b of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 285l of this title.
-End-
-CITE-
22 USC Sec. 285k 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285k. Utilization of United States Special Resources
-STATUTE-
(a) The letters of credit provided for in section 285l of this
title shall be issued to the Bank only to the extent that at the
time of issuance the cumulative amount of the United States Special
Resources provided to the Bank (A) constitute a minority of all
special funds contributions to the Bank, and (B) are no greater
than the largest cumulative contribution of any other single
country contributing to the special funds of the Bank.
(b) The United States Governor of the Bank shall give due regard
to the principles of (A) utilizing all special funds resources on
an equitable basis, and (B) significantly shared participation by
other contributors in each special fund to which United States
Special Resources are provided.
-SOURCE-
(Pub. L. 89-369, Sec. 14, as added Pub. L. 92-245, Sec. 1, Mar. 10,
1972, 86 Stat. 58.)
-End-
-CITE-
22 USC Sec. 285l 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285g742l. Letter of credit form for United States Special
Resources
-STATUTE-
The United States Special Resources will be provided to the Bank
in the form of a nonnegotiable, noninterest-bearing, letter of
credit which shall be payable to the Bank at par value on demand to
meet the cost of eligible goods and services, and administrative
costs authorized pursuant to section 285j(c) of this title.
-SOURCE-
(Pub. L. 89-369, Sec. 15, as added Pub. L. 92-245, Sec. 1, Mar. 10,
1972, 86 Stat. 58.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 285k of this title.
-End-
-CITE-
22 USC Sec. 285m 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285m. Withdrawal rights covering United States Special
Resources
-STATUTE-
The United States shall have the right to withdraw all or part of
the United States Special Resources and any accrued resources
derived therefrom under the procedures provided for in section 8.03
of the Special Funds Rules and Regulations of the Bank.
-SOURCE-
(Pub. L. 89-369, Sec. 16, as added Pub. L. 92-245, Sec. 1, Mar. 10,
1972, 86 Stat. 58.)
-End-
-CITE-
22 USC Sec. 285n 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285n. Authorization of appropriations to provide United States
Special Resources
-STATUTE-
For the purpose of providing United States Special Resources to
the Bank there is hereby authorized to be appropriated
$100,000,000, all of which shall remain available until expended.
-SOURCE-
(Pub. L. 89-369, Sec. 17, as added Pub. L. 92-245, Sec. 1, Mar. 10,
1972, 86 Stat. 58; amended Pub. L. 93-189, Sec. 28, Dec. 17, 1973,
87 Stat. 732.)
-MISC1-
AMENDMENTS
1973 - Pub. L. 93-189 substituted "$100,000,000" for "$60,000,000
for the fiscal year 1972 and $40,000,000 for the fiscal year 1973".
-End-
-CITE-
22 USC Sec. 285o 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285g742o. Expropriation of United States property; loan
restrictions
-STATUTE-
The President shall instruct the United States Executive Director
of the Asian Development Bank to vote against any loan or other
utilization of the funds of the Bank 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 exaction,
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. 89-369, Sec. 18, as added Pub. L. 92-245, Sec. 1, Mar. 10,
1972, 86 Stat. 58.)
-End-
-CITE-
22 USC Sec. 285p 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285p. Illegal drug traffic; loan restrictions
-STATUTE-
The Secretary of the Treasury shall instruct the United States
Executive Director of the Asian Development Bank to vote against
any loan or other utilization of the funds of the Bank for the
benefit of any country with respect to which the President has made
a determination, and so notified the Secretary of the Treasury,
that the government of such country has failed to take adequate
steps to prevent narcotic drugs and other controlled substances (as
defined by the Comprehensive Drug Abuse Prevention and Control Act
of 1970 [21 U.S.C. 801 et seq.]) produced or processed, in whole or
in part, in such country, or transported through such country, from
being sold illegally within the jurisdiction of such country to
United States Government personnel or their dependents, or from
entering the United States unlawfully. Such instruction shall
continue in effect until the President determines, and so notifies
the Secretary of the Treasury, that the government of such country
has taken adequate steps to prevent such sale or entry of narcotic
drugs and other controlled substances.
-SOURCE-
(Pub. L. 89-369, Sec. 19, as added Pub. L. 92-245, Sec. 2, Mar. 10,
1972, 86 Stat. 58.)
-REFTEXT-
REFERENCES IN TEXT
The Comprehensive Drug Abuse Prevention and Control Act of 1970,
referred to in text, is Pub. L. 91-513, Oct. 27, 1970, 84 Stat.
1236, as amended, which is classified principally to chapter 13
(Sec. 801 et seq.) of Title 21, Food and Drugs. For complete
classification of this Act to the Code, see Short Title note set
out under section 801 of Title 21 and Tables.
-End-
-CITE-
22 USC Sec. 285q 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285q. Subscription to additional shares; authorization of
appropriations
-STATUTE-
(a) The United States Governor of the Bank is authorized to
subscribe on behalf of the United States to thirty thousand
additional shares of the capital stock of the Bank in accordance
with and subject to the terms and conditions of Resolution Numbered
46 adopted by the Bank's Board of Governors on November 30, 1971.
(b) In order to pay for the increase in the United States
subscription to the Bank provided for in this section, there is
hereby authorized to be appropriated without fiscal year limitation
$361,904,726 for payment by the Secretary of the Treasury.
-SOURCE-
(Pub. L. 89-369, Sec. 20, as added Pub. L. 93-537, Dec. 22, 1974,
88 Stat. 1735.)
-End-
-CITE-
22 USC Sec. 285r 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285r. Contribution to special funds; authorization of
appropriations
-STATUTE-
(a) The United States Governor of the Bank is hereby authorized
to agree to contribute on behalf of the United States $50,000,000
to the special funds of the Bank. This contribution shall be made
available to the Bank pursuant to the provisions of article 19 of
the articles of agreement of the Bank.
(b) In order to pay for the United States contribution to the
special funds, there is hereby authorized to be appropriated
without fiscal year limitation $50,000,000 for payment by the
Secretary of the Treasury.
-SOURCE-
(Pub. L. 89-369, Sec. 21, as added Pub. L. 93-537, Dec. 22, 1974,
88 Stat. 1735.)
-End-
-CITE-
22 USC Sec. 285s 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285s. Additional subscription to shares; authorization of
appropriations
-STATUTE-
(a) The United States Governor of the Bank is authorized to
subscribe on behalf of the United States to sixty-seven thousand
and five hundred additional shares of the capital stock of the
Bank: Provided, however, That any subscription to additional shares
shall be effective only to such extent or in such amounts as are
provided in advance in appropriation Acts.
(b) In order to pay for the increase in the United States
subscription to the Bank provided for in this section, there are
authorized to be appropriated without fiscal year limitation
$814,286,250 for payment by the Secretary of the Treasury.
-SOURCE-
(Pub. L. 89-369, Sec. 22, as added Pub. L. 95-118, title V, Sec.
501, Oct. 3, 1977, 91 Stat. 1068; amended Pub. L. 97-35, title
XIII, Sec. 1353, Aug. 13, 1981, 95 Stat. 745.)
-MISC1-
AMENDMENTS
1981 - Subsec. (a). Pub. L. 97-35 substituted "effective only to
such extent or in such amounts as are provided in advance in
appropriation Acts" for "made only after the amount required for
such subscription has been appropriated".
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except that
any funds authorized to be appropriated shall not be available for
use or obligation prior to Oct. 1, 1981, see section 1372 of Pub.
L. 97-35, set out as an Effective Date note under section 290i of
this title.
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. 285t 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285t. Additional contribution to special funds; authorization
of appropriations
-STATUTE-
(a) The United States Governor of the Bank is authorized to
contribute on behalf of the United States $180,000,000 to the Asian
Development Fund, a special fund of the Bank: Provided, however,
That any commitment to make such contribution shall be made subject
to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution to the
Asian Development Fund provided for in this section, there are
authorized to be appropriated without fiscal year limitation
$180,000,000 for payment by the Secretary of the Treasury:
Provided, however, That not more than $14,116,177 may be made
available for such contribution for the fiscal year 1982.
-SOURCE-
(Pub. L. 89-369, Sec. 23, as added Pub. L. 95-118, title V, Sec.
501, Oct. 3, 1977, 91 Stat. 1069; amended Pub. L. 97-35, title
XIII, Sec. 1352(c), Aug. 13, 1981, 95 Stat. 745.)
-MISC1-
AMENDMENTS
1981 - Subsec. (b). Pub. L. 97-35 inserted provision limiting
amount of appropriations available for contributions for fiscal
year 1982.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except that
any funds authorized to be appropriated shall not be available for
use or obligation prior to Oct. 1, 1981, see section 1372 of Pub.
L. 97-35, set out as an Effective Date note under section 290i of
this title.
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. 285u 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285u. Additional contribution to special funds
-STATUTE-
(a) United States share
The United States Governor of the Bank is authorized to
contribute on behalf of the United States $378,250,000 to the Asian
Development Fund, a special fund of the Bank, except that any
commitment to make such contribution shall be made subject to
obtaining the necessary appropriations.
(b) Authorization of appropriations; maximum available for certain
years
In order to pay for the United States contribution to the Asian
Development Fund provided for in this section, there are authorized
to be appropriated, without fiscal year limitation, $378,250,000
for payment by the Secretary of the Treasury: Provided, however,
That not more than $111,250,000 of such sum may be made available
for the fiscal year 1982, and not more than $44,500,000 of such sum
may be made available for the fiscal year 1983.
(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 Asian
Development Fund authorized by this section by letter of credit
in four annual installments; and
(2) shall take the steps necessary to obtain a certification
from the Bank that any undisbursed balances resulting from
drawdowns 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. 89-369, Sec. 24, as added Pub. L. 96-259, title II, Sec.
201, June 3, 1980, 94 Stat. 430; amended Pub. L. 97-35, title XIII,
Sec. 1352(b), Aug. 13, 1981, 95 Stat. 744.)
-MISC1-
AMENDMENTS
1981 - Subsec. (b). Pub. L. 97-35 inserted provision limiting
amount of appropriations for fiscal years 1982 and 1983.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except that
any funds authorized to be appropriated shall not be available for
use or obligation prior to Oct. 1, 1981, see section 1372 of Pub.
L. 97-35, set out as an Effective Date note under section 290i of
this title.
-End-
-CITE-
22 USC Sec. 285v 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285v. Sense of Congress respecting membership of Taiwan in
Bank
-STATUTE-
It is the sense of the Congress that it is the policy of the
United States that Taiwan (before January 1, 1979, known as the
Republic of China) shall be permitted to retain membership in the
Asian Development Bank and that the United States Executive
Director of the Bank shall notify the Bank that a serious review of
future United States participation, including any future payments
to the Asian Development Fund, would ensue if Taiwan were expelled
from the Bank.
-SOURCE-
(Pub. L. 89-369, Sec. 25, as added Pub. L. 96-259, title II, Sec.
201, June 3, 1980, 94 Stat. 430.)
-End-
-CITE-
22 USC Sec. 285w 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285w. Contribution to Asian Development Fund; authorization of
appropriations
-STATUTE-
(a) The United States Governor of the Bank is authorized to
contribute on behalf of the United States $66,750,000 to the Asian
Development Fund, a special fund of the Bank: Provided, however,
That any commitment to make such contribution shall be made subject
to obtaining the necessary appropriations.
(b) In order to pay for the United States contribution to the
Asian Development Fund provided for in this section, there is
authorized to be appropriated, without fiscal year limitation,
$66,750,000 for payment by the Secretary of the Treasury: Provided,
however, That no funds may be made available for such contribution
for the fiscal year 1982.
-SOURCE-
(Pub. L. 89-369, Sec. 26, as added Pub. L. 97-35, title XIII, Sec.
1352(a), Aug. 13, 1981, 95 Stat. 744.)
-MISC1-
EFFECTIVE DATE
Section effective Aug. 13, 1981, except that any funds authorized
to be appropriated shall not be available for use or obligation
prior to Oct. 1, 1981, see section 1372 of Pub. L. 97-35, set out
as a note under section 290i of this title.
-End-
-CITE-
22 USC Sec. 285x 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285x. Additional subscription to shares
-STATUTE-
(a) United States share
(1) The United States Governor of the Bank is authorized to
subscribe on behalf of the United States to one hundred
twenty-three thousand three hundred and seventy-five additional
shares of the capital stock of the Bank.
(2) Any subscription to the capital stock of the Bank shall be
effective only to such extent or in such amounts as are provided in
advance in appropriation Acts.
(b) Authorization of appropriations
In order to pay for the increase in the United States
subscription to the Bank provided for in subsection (a) of this
section, there are authorized to be appropriated, without fiscal
year limitation, $1,322,999,476 for payment by the Secretary of the
Treasury.
(c) Continued membership of Republic of China in Bank
(1) The Congress hereby finds that -
(A) the Republic of China (Taiwan) is a charter member in good
standing of the Asian Development Bank;
(B) the Republic of China has grown from a borrower to a lender
in the Asian Development Bank; and
(C) the Republic of China provides, through its economic
success, a model for other nations in Asia.
(2) It is the sense of the Congress that -
(A) Taiwan, Republic of China, should remain a full member of
the Asian Development Bank, and that its status within that body
should remain unaltered no matter how the issue of the People's
Republic of China's application for membership is disposed of;
(B) the President and the Secretary of State should express
support of Taiwan, Republic of China, making it clear that the
United States will not countenance attempts to expel Taiwan,
Republic of China, from the Asian Development Bank; and
(C) the Secretary of the Senate and Clerk of the House shall
transmit a copy of this resolution to the President with the
request that he transmit such copy to the Board of Governors of
the Asian Development Bank.
-SOURCE-
(Pub. L. 89-369, Sec. 27, as added Pub. L. 98-181, title X, Sec.
1002, Nov. 30, 1983, 97 Stat. 1285.)
-End-
-CITE-
22 USC Sec. 285y 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285y. Additional contribution to special funds; authorization
of appropriations
-STATUTE-
(a)(1) The United States Governor of the Bank is authorized to
contribute on behalf of the United States $520,000,000 to the Asian
Development Fund, a special fund of the Bank.
(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 to the
Asian Development Fund provided for in this section, there are
authorized to be appropriated, without fiscal year limitation,
$520,000,000 for payment by the Secretary of the Treasury.
-SOURCE-
(Pub. L. 89-369, Sec. 28, as added Pub. L. 98-181, title X, Sec.
1002, Nov. 30, 1983, 97 Stat. 1286.)
-End-
-CITE-
22 USC Sec. 285z 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285z. Additional contribution to special funds; authorization
of appropriations
-STATUTE-
(a) The United States Governor of the Bank is authorized to
contribute on behalf of the United States $584,280,000 to the Asian
Development Fund, a special Fund of the Bank, except that any
commitment to make such contributions shall be made subject to
obtaining the necessary appropriations.
(b) In order to pay for the United States contribution provided
for in subsection (a) of this section, there are authorized to be
appropriated, without fiscal year limitation, $584,280,000 for
payment by the Secretary of the Treasury.
-SOURCE-
(Pub. L. 89-369, Sec. 29, as added Pub. L. 100-202, Sec. 101(e)
[title I], Dec. 22, 1987, 101 Stat. 1329-131, 1329-134.)
-COD-
CODIFICATION
Section 29 of Pub. L. 89-369 is based on section 201 of title II
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. 285aa 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XIV - ASIAN DEVELOPMENT BANK
-HEAD-
Sec. 285aa. Capital increase
-STATUTE-
(a) Subscription authorized
(1) The United States Governor of the Bank may subscribe on
behalf of the United States to 35,230 additional shares of the
capital stock of the Bank. (2) Any subscription by the United
States to the capital stock of the Bank 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 increase in the United States
subscription to the Bank provided for in subsection (a) of this
section, there are authorized to be appropriated, without fiscal
year limitation, $213,000,000 for payment by the Secretary of the
Treasury.
-SOURCE-
(Pub. L. 89-369, Sec. 30, as added Pub. L. 102-145, Sec. 125(b), as
added Pub. L. 102-266, Sec. 102, Apr. 1, 1992, 106 Stat. 97.)
-End-
-CITE-
22 USC SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND
BANK FOR RECONSTRUCTION AND
DEVELOPMENT 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 286q, 290k-5, 290l-2,
290o-2 of this title.
-End-
-CITE-
22 USC Sec. 286 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286. Acceptance of membership by United States in
International Monetary Fund
-STATUTE-
The President is hereby authorized to accept membership for the
United States in the International Monetary Fund (hereinafter
referred to as the "Fund"), and in the International Bank for
Reconstruction and Development (hereinafter referred to as the
"Bank"), provided for by the Articles of Agreement of the Fund and
the Articles of Agreement of the Bank as set forth in the Final Act
of the United Nations Monetary and Financial Conference dated July
22, 1944, and deposited in the archives of the Department of State.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 2, 59 Stat. 512.)
-MISC1-
SHORT TITLE OF 1968 AMENDMENT
Pub. L. 90-349, June 19, 1968, 82 Stat. 188 [enacting sections
286n to 286r of this title and amending sections 412, 415, 417, and
467 of Title 12, Banks and Banking], is known as the "Special
Drawing Rights Act". For complete classification of this Act to the
Code, see Short Title note set out under section 286n of this title
and Tables.
SHORT TITLE
Section 1 of act July 31, 1945, provided: "This act [enacting
this subchapter and amending section 822a of former Title 31, Money
and Finance] may be cited as the 'Bretton Woods Agreements Act'."
PAR VALUE MODIFICATION
For Congressional direction that the Secretary of the Treasury
maintain the value in terms of gold of the holdings in United
States dollars of the International Monetary Fund and of the
International Bank for Reconstruction and Development following the
establishment of a par value of the dollar at $38 for a fine troy
ounce of gold pursuant to the Par Value Modification Act and for
the authorization of the appropriation necessary to provide such
maintenance of value, see section 5152 of Title 31, Money and
Finance.
-End-
-CITE-
22 USC Sec. 286a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286a. Appointments
-STATUTE-
(a) Governors and executive directors; term of office
The President, by and with the advice and consent of the Senate,
shall appoint a governor of the Fund who shall also serve as a
governor of the Bank, and an executive director of the Fund and an
executive director of the Bank. The executive directors so
appointed shall also serve as provisional executive directors of
the Fund and the Bank for the purposes of the respective Articles
of Agreement. The term of office for the governor of the Fund and
of the Bank shall be five years. The term of office for the
executive directors shall be two years, but the executive directors
shall remain in office until their successors have been appointed.
(b) Alternates; term of office
The President, by and with the advice and consent of the Senate,
shall appoint an alternate for the governor of the Fund and an
alternate for the governor of the Bank. The President, by and with
the advice and consent of the Senate, shall appoint an alternate
for each of the executive directors. The alternate for each
executive director shall be appointed from among individuals
recommended to the President by the executive director. The terms
of office for alternates for the governor and the executive
directors shall be the same as the terms specified in subsection
(a) of this section for the governor and executive directors.
(c) Governor to serve as councillor; alternates and associates
Should the provisions of Schedule D of the Articles of Agreement
of the Fund apply, the Governor of the Fund shall also serve as
councillor, shall designate an alternate for the councillor, and
may designate associates.
(d) Compensation for services
(1) No person shall be entitled to receive any salary or other
compensation from the United States for services as a Governor,
executive director, councillor, alternate, or associate.
(2) The United States executive director of the Fund shall not be
compensated by the Fund at a rate in excess of the rate provided
for an individual occupying a position at level IV of the Executive
Schedule under section 5315 of title 5. The United States alternate
executive director of the Fund shall not be compensated by the Fund
at a rate in excess of the rate provided for an individual
occupying a position at level V of the Executive Schedule under
section 5316 of title 5.
(3) The Secretary of the Treasury shall instruct the United
States executive director of the Fund to present to the Fund's
Executive Board a comprehensive set of proposals, consistent with
maintaining high levels of competence of Fund personnel and
consistent with the Articles of Agreement, with the objective of
assuring that salaries and other compensation accorded Fund
employees do not exceed those received by persons filling similar
levels of responsibility within national government service or
private industry. The Secretary shall report these proposals
together with any measures adopted by the Fund's Executive Board to
the Congress prior to February 1, 1979.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 3, 59 Stat. 512; Pub. L. 93-94, Aug.
15, 1973, 87 Stat. 314; Pub. L. 94-564, Sec. 2, Oct. 19, 1976, 90
Stat. 2660; Pub. L. 95-435, Sec. 2, Oct. 10, 1978, 92 Stat. 1051.)
-MISC1-
AMENDMENTS
1978 - Subsec. (d). Pub. L. 95-435 designated existing provisions
as par. (1) and added pars. (2) and (3).
1976 - Subsec. (c). Pub. L. 94-564, Sec. 2(1), amended subsec.
(c) generally to provide that the Governor serve as councillor and
designate an alternate and associates. Former provisions relating
to compensation were included in subsec. (d).
Subsec. (d). Pub. L. 94-564, Sec. 2(2), added subsec. (d).
1973 - Subsec. (b). Pub. L. 93-94 substituted "and an alternate
for the governor of the Bank" for "who shall also serve as
alternate for the governor of the Bank".
EFFECTIVE DATE OF 1976 AMENDMENT
Section 9 of Pub. L. 94-564 provided that: "The amendments made
by sections 2, 3, 4, 5, 6, and 7 of this Act [amending this
section, sections 286c, 286e-2, 286o, 286q, and 286r of this title,
and section 822a of former Title 31, Money and Finance] shall
become effective upon the entry into force of the amendments to the
Articles of Agreement of the International Monetary Fund approved
in Resolution Numbered 31-4 of the Board of Governors of the Fund."
Such amendments entered into force Apr. 1, 1978.
LEVELS OF FUND SALARIES AND MINIMIZATION OF TRAVEL COSTS
Pub. L. 96-389, Sec. 9, Oct. 7, 1980, 94 Stat. 1554, provided
that: "The United States Executive Director to the Fund shall seek
to insure (a) that Fund salaries do not exceed those levels
endorsed by the Fund Bank Joint Committee on Staff Compensation
Issues; and (b) that travel costs are minimized by limiting first
class and supersonic travel to instances where no reasonable
alternative exists."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 282a, 284a, 290k-1,
290o-1 of this title.
-End-
-CITE-
22 USC Sec. 286b 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286b. National Advisory Council on International Monetary and
Financial Problems
-STATUTE-
(a) Establishment and composition
In order to coordinate the policies and operations of the
representatives of the United States on the Fund and the Bank and
of all agencies of the Government which make or participate in
making foreign loans or which engage in foreign financial, exchange
or monetary transactions, there is hereby established the National
Advisory Council on International Monetary and Financial Problems
(hereinafter referred to as the "Council"), consisting of the
Secretary of the Treasury, as Chairman, the Secretary of State, the
Secretary of Commerce, the Chairman of the Board of Governors of
the Federal Reserve System, the President of the Export-Import Bank
of the United States, and during such period as the Foreign
Operations Administration shall continue to exist, the Director of
the Foreign Operations Administration.
(b) Duties and functions; reports by Council
(1) The Council, after consultation with the representatives of
the United States on the Fund and the Bank, shall recommend to the
President general policy directives for the guidance of the
representatives of the United States on the Fund and the Bank.
(2) The Council shall advise and consult with the President and
the representatives of the United States on the Fund and the Bank
on major problems arising in the administration of the Fund and the
Bank.
(3) The Council shall coordinate, by consultation or otherwise,
so far as is practicable, the policies and operations of the
representatives of the United States on the Fund and the Bank, the
Export-Import Bank of the United States and all other agencies of
the Government to the extent that they make or participate in the
making of foreign loans or engage in foreign financial, exchange or
monetary transactions.
(4) Whenever, under the Articles of Agreement of the Fund or the
Articles of Agreement of the Bank, the approval, consent or
agreement of the United States is required before an act may be
done by the respective institutions, the decision as to whether
such approval, consent, or agreement, shall be given or refused
shall (to the extent such decision is not prohibited by section
286c of this title) be made by the Council, under the general
direction of the President. No governor, executive director, or
alternate representing the United States shall vote in favor of any
waiver of condition under article V, section 4, or in favor of any
declaration of the United States dollar as a scarce currency under
article VII, section 3, of the Articles of Agreement of the Fund,
without prior approval of the Council.
(5) The Council shall make such reports and recommendations to
the President as he may from time to time request, or as the
Council may consider necessary to more effectively or efficiently
accomplish the purposes of this subchapter or the purposes for
which the Council is created.
(6) The general policy objectives for the guidance of the United
States Executive Director of the Bank shall take into account the
effect that development assistance loans have upon individual
industry sectors and international commodity markets -
(A) to minimize projected adverse impacts; and
(B) to avoid, wherever possible, government subsidization of
production and exports of international commodities without
regard to economic conditions in the markets for such
commodities.
(c) Reports to Council
The representatives of the United States on the Fund and the
Bank, and the Export-Import Bank of the United States (and all
other agencies of the Government to the extent that they make or
participate in the making of foreign loans or engage in foreign
financial, exchange or monetary transactions) shall keep the
Council fully informed of their activities and shall provide the
Council with such further information or data in their possession
as the Council may deem necessary to the appropriate discharge of
its responsibilities under this subchapter.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 4, 59 Stat. 512; Apr. 3, 1948, ch.
169, title I, Sec. 106, 62 Stat. 141; Oct. 10, 1951, ch. 479, title
V, Sec. 501(e)(2), 65 Stat. 378; 1953 Reorg. Plan No. 5, eff. June
30, 1953, 18 F.R. 3741, 67 Stat. 637; 1953 Reorg. Plan No. 7, eff.
Aug. 1, 1953, 18 F.R. 4541, 67 Stat. 639; Aug. 9, 1954, ch. 660,
Sec. 2, 68 Stat. 678; Pub. L. 89-126, Sec. 1(1), Aug. 14, 1965, 79
Stat. 519; Pub. L. 90-267, Sec. 1(a), Mar. 13, 1968, 82 Stat. 47;
Pub. L. 98-181, title VIII, Sec. 808(a), Nov. 30, 1983, 97 Stat.
1273; Pub. L. 101-240, title V, Sec. 541(d)(1), (f)(1), Dec. 19,
1989, 103 Stat. 2518, 2519.)
-MISC1-
AMENDMENTS
1989 - Subsec. (b). Pub. L. 101-240 redesignated pars. (7) and
(8) as (5) and (6), respectively, and struck out former pars. (5)
and (6) which read as follows:
"(5) The Council shall transmit to the President and to the
Congress an annual report with respect to the participation of the
United States in the Fund and Bank.
"(6) Each such report shall contain such data concerning the
operations and policies of the Fund and Bank, such recommendations
concerning the Fund and Bank, and such other data and material as
the Council may deem appropriate."
1983 - Subsec. (b)(8). Pub. L. 98-181 added par. (8).
1965 - Subsec. (b)(5). Pub. L. 89-126 substituted provisions
requiring an annual report, for provisions which required the
Council to report from time to time, but not less frequently than
every six months.
Subsec. (b)(6). Pub. L. 89-126 struck out provisions which
required special reports on operations and policies of the Fund and
Bank and prescribed contents of such reports, and inserted
provisions requiring the annual report to contain such data
concerning the operations and policies of the Fund and Bank, such
recommendations concerning the Fund and the Bank, and such other
data and material as deemed appropriate.
1954 - Subsec. (a). Act Aug. 9, 1954, provided membership on
Council for President of the Export-Import Bank of Washington.
1951 - Subsec. (a). Act Oct. 10, 1951, substituted "Mutual
Security Agency" for "Economic Cooperation Administration", and
"Director for Mutual Security" for "Administrator for Economic
Cooperation".
1948 - Subsec. (a). Act Apr. 3, 1948, ch. 169, title I, Sec. 106,
62 Stat. 141, added Administrator for Economic Cooperation, during
existence of the Administration, to membership of National Advisory
Council.
-CHANGE-
CHANGE OF NAME
"Export-Import Bank of Washington" changed in text to
"Export-Import Bank of the United States" to conform to such change
in name in the Export-Import Bank Act of 1945, section 635 et seq.
of Title 12, Banks and Banking, provided for in section 1(a) of
Pub. L. 90-267.
-MISC2-
EFFECTIVE DATE OF 1954 AMENDMENT
Amendment by act Aug. 9, 1954, effective upon initial appointment
of President, First Vice President, and one member of the Board of
Directors of the Export-Import Bank of Washington, see section 4 of
act Aug. 9, 1954, set out as a note under section 635a of Title 12,
Banks and Banking.
REPEALS
Act Apr. 3, 1948, cited as a credit to this section, was repealed
by act June 20, 1952, ch. 449, Sec. 7(c), 66 Stat. 144.
-TRANS-
TRANSFER OF FUNCTIONS
National Advisory Council on International Monetary and Financial
Problems abolished and its functions, together with functions of
its chairman and other officers, transferred to President by
sections 1(b) and 3(a) of Reorg. Plan No. 4 of 1965, eff. July 27,
1965, 30 F.R. 9353, 79 Stat. 1321, set out in the Appendix to Title
5, Government Organization and Employees.
Function of Chairman of Board of Directors of Export-Import Bank
of Washington of being a member of National Advisory Council on
International Monetary and Financial Problems abolished by Reorg.
Plan No. 5 of 1953, eff. June 30, 1953, 18 F.R. 3741, 67 Stat. 637,
set out in the Appendix to Title 5.
Foreign Operations Administration abolished by Ex. Ord. No.
10610, May 9, 1955, 20 F.R. 3179, and its functions and offices
transferred to Department of State to be administered by
International Cooperation Administration. For later transfer, see
section 2381 of this title, and notes set out under that section.
Office of Director for Mutual Security abolished and functions of
Director transferred to Director of Foreign Operations
Administration by Reorg. Plan No. 7 of 1953, eff. Aug. 1, 1953, 18
F.R. 4541. Section 4 of said Reorg. Plan No. 7 of 1953,
specifically provided that Director of Foreign Operations
Administration shall be a member of National Advisory Council on
International Monetary and Financial Problems.
-EXEC-
EX. ORD. NO. 11269. NATIONAL ADVISORY COUNCIL ON INTERNATIONAL
MONETARY AND FINANCIAL POLICIES
Ex. Ord. No. 11269, Feb. 14, 1966, 31 F.R. 2813, as amended by
Ex. Ord. No. 11334, Mar. 7, 1967, 32 F.R. 3933; Ex. Ord. No. 11808,
Sept. 30, 1974, 39 F.R. 35563; Ex. Ord. No. 11977, Mar. 14, 1977,
42 F.R. 14671; Ex. Ord. No. 12164, Sept. 29, 1979, 44 F.R. 56681;
Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989; Ex. Ord. No. 12403,
Feb. 8, 1983, 48 F.R. 6087; Ex. Ord. No. 12567, Oct. 2, 1986, 51
F.R. 35495; Ex. Ord. No. 12647, Aug. 2, 1988, 53 F.R. 29323; Ex.
Ord. No. 12766, June 18, 1991, 56 F.R. 28463; Ex. Ord. No. 13118,
Sec. 10(9), Mar. 31, 1999, 64 F.R. 16598, provided:
By virtue of the authority vested in me by Reorganization Plan
No. 4 of 1965 (30 F.R. 9353) [set out in the Appendix to Title 5,
Government Organization and Employees], and as President of the
United States, it is ordered as follows:
Section 1. Establishment of Council. (a) There is hereby
established the National Advisory Council on International Monetary
and Financial Policies, hereinafter referred to as the Council.
(b) The Council shall be composed of the following members: the
Secretary of the Treasury, who shall be the chairman of the
Council, the Assistant to the President for Economic Affairs, who
shall be Deputy Chairman of the Council, the Secretary of State,
the United States Trade Representative, the Secretary of Commerce,
the Chairman of the Board of Governors of the Federal Reserve
System, the Administrator of the United States Agency for
International Development, and the President of the Export-Import
Bank of Washington [now the Export-Import Bank of the United
States].
(c) Whenever matters within the jurisdiction of the Council may
be of interest to Federal agencies not represented on the Council
under Section 1(b) of this order, the Chairman of the Council may
consult with such agencies and may invite them to designate
representatives to participate in meetings and deliberations of the
Council.
Sec. 2. Functions of the Council. (a) Exclusive of the functions
delegated by the provisions of Section 3, below, and subject to the
limitations contained in subsection (b) of this Section, all of the
functions which are now vested in the President in consequence of
their transfer to him effected by the provisions of Section 1(b) of
Reorganization Plan No. 4 of 1965 are hereby delegated to the
Council.
(b) The functions under Sections 4(a) and 4(b)(3) of the Bretton
Woods Agreements Act, including those made applicable to the
International Finance Corporation, the Inter-American Development
Bank, and the International Development Association (22 U.S.C.
286b(a) and (b)(3); 282b; 283b; 284b), to the extent that such
functions consist of coordination of policies, are hereby delegated
to the Council. The functions so delegated shall be deemed to
include the authority to review proposed individual loan,
financial, exchange, or monetary transactions to the extent
necessary or desirable to effectuate the coordination of policies.
(c) The Council shall perform with respect to the Asian
Development Bank, African Development Fund,, [sic] African
Development Bank, Inter-American Investment Corporation,
Multilateral Investment Guarantee Agency, and European Bank for
Reconstruction and Development, the same functions as those
delegated to it by subsections (a) and (b) of this section with
respect to other international financial institutions.
Sec. 3. Functions of the Secretary of the Treasury. (a) Functions
which are now vested in the President in consequence of their
transfer to him effected by the provisions of Section 1(b) of
Reorganization Plan No. 4 of 1965 are hereby delegated to the
Secretary of the Treasury to the extent of the following:
(1) Authority, subject to the provisions of Section 7 of this
Order, to instruct representatives of the United States to
international financial organizations.
(2) Authority provided for in Section 4(b)(4) of the Bretton
Woods Agreements Act (22 U.S.C. 286b(b)(4)). Such authority,
insofar as it relates to the development aspects of the policies,
programs, or projects of the International Bank for Reconstruction
and Development shall be exercised subject to the provisions of
Section 7 of this Order.
(b) In carrying out the functions delegated to him by subsection
(a) of this Section the Secretary shall consult with the Council.
(c) Nothing in this order shall be deemed to derogate from the
responsibilities of the Secretary of State with respect to the
foreign policy of the United States.
(d) The Secretary of the Treasury shall perform, with respect to
the Asian Development Bank, African Development Fund,, [sic]
African Development Bank, Inter-American Investment Corporation,
Multilateral Investment Guarantee Agency, and European Bank for
Reconstruction and Development, the same functions as those
delegated to him by subsections (a) and (b) of this section with
respect to other international financial institutions.
(e) The Secretary of the Treasury is hereby delegated the
functions conferred upon the President by Section 203(b) and
Section 207 of the Act of May 31, 1976 (90 Stat. 593 and 594, 22
U.S.C. 290g-1 and 290g-5), subject to the provisions of Section 7
of this Order.
Sec. 4. Information. (a) All agencies and officers of the
Government, including representatives of the United States to
international financial organizations, (1) shall keep the Council
or the Secretary of the Treasury, as the case may be, fully
informed concerning the foreign loan, financial, exchange, and
monetary transactions in which they engage or may engage or with
respect to which they have other responsibility, and (2) shall
provide the Council, the Secretary of State, and the Secretary with
such further information or data in their possession as the
Council, the Secretary of State, or the Secretary, as the case may
be, may deem necessary to the appropriate discharge of the
responsibilities of the Council, the Secretary of State, and
Secretary under Sections 2 and 3 of this order, respectively.
(b) The Council shall from time to time transmit to all
appropriate agencies and officers of the Government statements of
the policies of the Council under this order and such other
information relating to the above-mentioned transactions or to the
functions of the Council hereunder as the Council shall deem
desirable.
Sec. 5. Executive Order No. 10033. Section 2(a) of Executive
Order No. 10033 of February 8, 1949 [set out as a note under
section 286f of this title], is hereby amended by substituting for
the name "National Advisory Council on International Monetary and
Financial Problems" the following: "National Advisory Council on
International Monetary and Financial Policies."
Sec. 6. Effective date. The provisions of this order shall be
effective as of January 1, 1966.
Sec. 7. Functions of the Secretary of State. The Secretary of
State shall advise both the Secretary of the Treasury and the
appropriate United States representatives to the International Bank
for Reconstruction and Development, the International Development
Association, the International Finance Corporation, the
Inter-American Development Bank, the Asian Development Bank, the
African Development Fund,, [sic] African Development Bank,
Inter-American Investment Corporation, Multilateral Investment
Guarantee Agency, and European Bank for Reconstruction and
Development on the development aspects of matters relating to those
institutions and their activities.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 262, 282b, 283b, 283cc,
284b, 290g-2, 290i-3, 290k-5, 290l-2, 290m, 290o-2 of this title.
-End-
-CITE-
22 USC Secs. 286b-1, 286b-2 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Secs. 286b-1, 286b-2. Repealed. Pub. L. 101-240, title V, Sec.
541(d)(1), (5), Dec. 19, 1989, 103 Stat. 2518
-MISC1-
Section 286b-1, Pub. L. 91-599, ch. 3, Sec. 31, Dec. 30, 1970, 84
Stat. 1658, related to annual report to Congress of National
Advisory Council on International Monetary and Financial Policies.
Section 286b-2, act July 31, 1945, ch. 339, Sec. 50, as added
Nov. 30, 1983, Pub. L. 98-181, title VIII, Sec. 813, 97 Stat. 1276,
related to reports to Congress by National Advisory Council on
International Monetary and Financial Policies and Secretary of the
Treasury.
-End-
-CITE-
22 USC Sec. 286c 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286c. Congressional authorization needed for certain actions
-STATUTE-
Unless Congress by law authorizes such action, neither the
President nor any person or agency shall on behalf of the United
States (a) request or consent to any change in the quota of the
United States under article III, section 2(a), of the Articles of
Agreement of the Fund; (b) propose a par value for the United
States dollar under paragraph 2, paragraph 4, or paragraph 10 of
schedule C of the Articles of Agreement of the Fund; (c) propose
any change in the par value of the United States dollar under
paragraph 6 of schedule C of the Articles of Agreement of the Fund,
or approve any general change in par values under paragraph 11 of
schedule C; (d) subscribe to additional shares of stock under
article II, section 3, of the Articles of Agreement of the Bank;
(e) accept any amendment under article XXVIII of the Articles of
Agreement of the Fund or Article VIII of the Articles of Agreement
of the Bank; (f) make any loan to the Fund or the Bank; or (g)
approve any disposition of Fund gold, unless the Secretary
certifies to the Congress that such disposition is necessary for
the Fund to restitute gold to its members, or for the Fund to
provide liquidity that will enable the Fund to meet member country
claims on the Fund or to meet threats to the systemic stability of
the international financial system. Unless Congress by law
authorizes such action, no governor or alternate appointed to
represent the United States shall vote for an increase of capital
stock of the Bank under article II, section 2, of the Articles of
Agreement of the Bank, if such increase involves an increased
subscription on the part of the United States. Neither the
President nor any person or agency shall, on behalf of the United
States, consent to any borrowing (other than borrowing from a
foreign government or other official public source) by the Fund of
funds denominated in United States dollars, unless the Secretary of
the Treasury transmits a notice of such proposed borrowing to both
Houses of the Congress at least 60 days prior to the date on which
such borrowing is scheduled to occur.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 5, 59 Stat. 514; Pub. L. 89-126, Sec.
1(2), Aug. 14, 1965, 79 Stat. 519; Pub. L. 94-564, Sec. 3, Oct. 19,
1976, 90 Stat. 2660; Pub. L. 95-147, Sec. 4(a)(1), Oct. 28, 1977,
91 Stat. 1228; Pub. L. 98-181, title VIII, Sec. 811, Nov. 30, 1983,
97 Stat. 1274; Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title V,
Sec. 504(d)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A-317.)
-MISC1-
AMENDMENTS
1999 - Pub. L. 106-113, which directed substitution of "approve
any disposition of Fund gold, unless the Secretary certifies to the
Congress that such disposition is necessary for the Fund to
restitute gold to its members, or for the Fund to provide liquidity
that will enable the Fund to meet member country claims on the Fund
or to meet threats to the systemic stability of the international
financial system." for "approve either the disposition of more than
25 million ounces of Fund gold for the benefit of the Trust Fund
established by the Fund on May 6, 1976, or the establishment of any
additional trust fund whereby resources of the International
Monetary Fund would be used for the special benefit of a single
member, or of a particular segment of the membership, of the Fund."
in cl. (g) of first sentence, was executed by making the
substitution for text which ended with "the fund." rather than "the
Fund.", to reflect the probable intent of Congress.
1983 - Pub. L. 98-181 inserted provision prohibiting the
President or any person or agency from consenting to a borrowing of
funds denominated in dollars unless notice of such borrowing is
transmitted to Congress at least 60 days prior to such borrowing.
1977 - Pub. L. 95-147 added to cl. (g) provisions relating to
disposition of more than 25 million ounces of Fund gold for the
benefit of the Trust Fund.
1976 - Pub. L. 94-564 amended cls. (a) to (g) generally.
1965 - Pub. L. 89-126 inserted "if such increase involves an
increased subscription on the part of the United States".
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment effective Apr. 1, 1978, see section 9 of Pub. L.
94-564, set out as a note under section 286a of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 286b of this title.
-End-
-CITE-
22 USC Sec. 286d 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286d. Federal Reserve banks as depositories
-STATUTE-
Any Federal Reserve bank which is requested to do so by the Fund
or 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-
(July 31, 1945, ch. 339, Sec. 6, 59 Stat. 514.)
-End-
-CITE-
22 USC Sec. 286e 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e. Payment of subscriptions to Fund and Bank by United
States; issuance of special notes; income covered into Treasury
-STATUTE-
The Secretary of the Treasury is authorized to pay the balance of
the subscription of the United States to the Fund not provided for
in subsection (a) and to pay the subscription of the United States
to the Bank from time to time when payments are required to be made
to the Bank. For the purpose of making these payments, the
Secretary of the Treasury is authorized to use as a public-debt
transaction $8,675,000,000 of the proceeds of any securities
hereafter issued under chapter 31 of title 31, and the purposes for
which securities may be issued under that chapter are extended to
include such purpose. Payment under this paragraph of the
subscription of the United States to the Fund or the Bank and
repayments thereof shall be treated as public-debt transactions of
the United States.
For the purpose of keeping to a minimum the cost to the United
States of participation in the Fund and the Bank, the Secretary of
the Treasury, after paying the subscription of the United States to
the Fund, and any part of the subscription of the United States to
the Bank required to be made under article II, section 7(i), of the
Articles of Agreement of the Bank, is authorized and directed to
issue special notes of the United States from time to time at par
and to deliver such notes to the Fund and the Bank in exchange for
dollars to the extent permitted by the respective Articles of
Agreement. The special notes provided for in this paragraph shall
be issued under the authority and subject to the provisions of
chapter 31 of title 31, and the purposes for which securities may
be issued under that chapter are extended to include the purposes
for which special notes are authorized and directed to be issued
under this paragraph, but such notes shall bear no interest, shall
be nonnegotiable, and shall be payable on demand of the Fund or the
Bank, as the case may be. The face amount of special notes issued
to the Fund under the authority of this paragraph and outstanding
at any one time shall not exceed in the aggregate the amount of the
subscription of the United States actually paid to the Fund and the
dollar equivalent of currencies and gold which the United States
shall have purchased from the Fund in accordance with the Articles
of Agreement, and the face amount of such notes issued to the Bank
and outstanding at any one time shall not exceed in the aggregate
the amount of the subscription of the United States actually paid
to the Bank under article II, section 7(i) of the Articles of
Agreement of the Bank.
Any payment made to the United States by the Fund or the Bank as
a distribution of net income shall be covered into the Treasury as
a miscellaneous receipt.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 7(b)-(d), 59 Stat. 514; Pub. L.
86-48, Sec. 2, June 17, 1959, 73 Stat. 80; Pub. L. 87-490, Sec. 2,
June 19, 1962, 76 Stat. 105.)
-REFTEXT-
REFERENCES IN TEXT
Subsection (a), referred to in the first par., means section 7(a)
of act July 31, 1945, ch. 339, 59 Stat. 514, which generally
amended subsec. (c) of section 822a of former Title 31, Money and
Finance. Section 822a(c) of former Title 31 was repealed and
reenacted as section 5302(d) of Title 31 by Pub. L. 97-258, Sec.
4(a), Sept. 13, 1982, 96 Stat. 1067, the first section of which
enacted Title 31.
-COD-
CODIFICATION
In first and second pars., "chapter 31 of title 31" and "that
chapter" substituted for "the Second Liberty Bond Act, as amended"
and "that Act", respectively, 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 is based on subsecs. (b) to (d) of section 7 of act July
31, 1945. Subsec. (a) of section 7 amended section 822a of former
Title 31. See References in Text note above.
-MISC1-
AMENDMENTS
1962 - Pub. L. 87-490 included in the limitation of face amount
of special notes issued to the Fund the dollar equivalent of
currencies and gold which the United States shall have purchased
from the Fund in accordance with the Articles of Agreement.
1959 - Pub. L. 86-48 struck out "of $950,000,000" after "is
authorized to pay the balance", and substituted "$8,675,000,000"
for "not to exceed $4,125,000,000".
INCREASE IN QUOTA OF UNITED STATES; APPROPRIATION REQUIREMENTS;
TRANSFERS AND CREDITS; RESTRICTIONS
Pub. L. 96-544, Dec. 17, 1980, 94 Stat. 3213, provided that: "For
an increase in the United States quota in the International
Monetary Fund, the dollar equivalent of 4,202.5 million Special
Drawing Rights (approximately $5,537,839,000), to remain available
until expended, and balances equivalent to the current SDR value of
the United States quota in the Fund shall be merged with this
appropriation. Amounts equivalent to the United States reserve
position in the Fund shall be credited to this appropriation.
Amounts available in this account may be transferred to the Fund by
the Secretary of the Treasury to meet United States obligations in
the Fund in an amount not to exceed at any time the United States
quota in the Fund. The amounts provided for valuation adjustments
of Fund holdings of United States dollars shall continue to be
available for this purpose and shall be available for transfers to
this appropriation account for the purpose of such adjustments. In
the administration of these funds it shall be the policy of the
United States:
"(1) that the Palestine Liberation Organization should not be
given membership in the Fund or be given observer status or any
other official status at any meeting sponsored by or associated
with the Fund;
"(2) that the United States Executive Director of the Fund
shall promptly notify the Fund of such policy;
"(3) that in the event that the Fund provides either
membership, observer status, or any other official status to the
Palestine Liberation Organization, such action would result in a
serious diminution of United States support; and
"(4) that upon review of such action, the President would be
required to report his recommendations to the Congress with
regard to any further United States participation in the Fund."
-End-
-CITE-
22 USC Sec. 286e-1 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-1. Increase in quota of United States and in capital
stock of Bank; subscription to additional shares
-STATUTE-
(a) The United States Governor of the Fund is authorized to
request and consent to an increase of $1,375,000,000 in the quota
of the United States under article III, section 2, of the articles
of agreement of the Fund, as proposed in the resolution of the
Board of Governors of the Fund dated February 2, 1959.
(b) The United States Governor of the Bank is authorized (1) to
vote for increases in the capital stock of the Bank under article
II, section 2, of the articles of agreement of the Bank, as
recommended in the resolution of the Board of Governors of the Bank
dated February 2, 1959, and (2) if such increases become effective,
to subscribe on behalf of the United States to thirty-one thousand
seven hundred and fifty additional shares of stock under article
II, section 3, of the articles of agreement of the Bank.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 16, as added Pub. L. 86-48, Sec. 1,
June 17, 1959, 73 Stat. 80.)
-End-
-CITE-
22 USC Sec. 286e-1a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-1a. Increase in capital stock of Bank
-STATUTE-
The United States Governor of the Bank is authorized to vote for
an increase of $1,000,000,000 in the authorized capital stock of
the Bank under article II, section 2, of the articles of agreement
of the Bank, as recommended in the report, dated November 6, 1962,
to the Board of Governors of the Bank by the Bank's Executive
Directors.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 19, as added Pub. L. 88-178, Nov. 13,
1963, 77 Stat. 334.)
-End-
-CITE-
22 USC Sec. 286e-1b 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-1b. Increase in quota of United States; authorization of
appropriations
-STATUTE-
(a) The United States Governor of the Fund is authorized to
consent to an increase of $1,035,000,000 in the quota of the United
States in the Fund.
(b) In order to pay the increase in the United States
subscription to the Fund provided for in this section, there is
hereby authorized to be appropriated $1,035,000,000, to remain
available until expended.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 20, as added Pub. L. 89-31, June 2,
1965, 79 Stat. 119.)
-End-
-CITE-
22 USC Sec. 286e-1c 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-1c. Additional increase in quota of United States
-STATUTE-
(a) The United States Governor of the Fund is authorized to
consent to an increase of $1,540,000,000 in the quota of the United
States in the Fund.
(b) In order to pay the increase in the United States quota in
the Fund provided for in this section, there is hereby authorized
to be appropriated $1,540,000,000, to remain available until
expended.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 22, as added Pub. L. 91-599, ch. 1,
Sec. 1, Dec. 30, 1970, 84 Stat. 1657.)
-End-
-CITE-
22 USC Sec. 286e-1d 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-1d. Increase in capital stock of Bank; subscription to
additional shares; authorization of appropriations
-STATUTE-
(a) The United States Governor of the Bank is authorized (1) to
vote for an increase of $3,000,000,000 in the authorized capital
stock of the Bank, and (2) if such increase becomes effective, to
subscribe on behalf of the United States to two thousand four
hundred and sixty-one additional shares of the capital stock of the
Bank.
(b) In order to pay for the increase in the United States
subscription to the Bank provided for in this section, there is
hereby authorized to be appropriated $246,100,000 to remain
available until expended.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 23, as added Pub. L. 91-599, ch. 1,
Sec. 1, Dec. 30, 1970, 84 Stat. 1657.)
-End-
-CITE-
22 USC Sec. 286e-1e 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-1e. Equivalent increase in quota of United States
-STATUTE-
The United States Governor of the Fund is authorized to consent
to an increase in the quota of the United States in the Fund
equivalent to 1,705 million Special Drawing Rights.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 25, as added Pub. L. 94-564, Sec. 1,
Oct. 19, 1976, 90 Stat. 2660.)
-End-
-CITE-
22 USC Sec. 286e-1f 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-1f. Additional increase in capital stock of Bank;
subscription to additional shares; authorization of
appropriations
-STATUTE-
(a) The United States Governor of the Bank is authorized -
(1) to vote for an increase of seventy thousand shares in the
authorized capital stock of the Bank; and
(2) if such increase becomes effective, to subscribe on behalf
of the United States to thirteen thousand and five additional
shares of the capital stock of the Bank: Provided, however, That
any subscription to additional shares 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 increase in the United States
subscription to the Bank provided for in this section, there are
authorized to be appropriated, without fiscal year limitation,
$1,568,856,318 for payment by the Secretary of the Treasury.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 27, as added Pub. L. 95-118, title
II, Sec. 201, Oct. 3, 1977, 91 Stat. 1067; amended Pub. L. 97-35,
title XIII, Sec. 1312, Aug. 13, 1981, 95 Stat. 740.)
-MISC1-
AMENDMENTS
1981 - Subsec. (a)(2). Pub. L. 97-35 substituted "effective only
to such extent or in such amounts as are provided in advance in
appropriations Acts" for "made only after the amount required for
such subscription has been appropriated".
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except that
any funds authorized to be appropriated shall not be available for
use or obligation prior to Oct. 1, 1981, see section 1372 of Pub.
L. 97-35, set out as an Effective Date note under section 290i of
this title.
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. 286e-1g 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-1g. Additional increase in quota of United States;
condition
-STATUTE-
The United States Governor of the Fund is authorized to consent
to an increase in the quota of the United States in the Fund
equivalent to 4,202.5 million Special Drawing Rights, limited to
such amounts as are appropriated in advance in appropriation Acts.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 32, as added and amended Pub. L.
96-389, Secs. 1, 11, Oct. 7, 1980, 94 Stat. 1551, 1555.)
-MISC1-
AMENDMENTS
1980 - Pub. L. 96-389, Sec. 11, substituted "limited to such
amounts as are appropriated in advance in appropriation Acts" for
"to such extent or in such amounts as are provided in
appropriations Acts".
EFFECTIVE DATE
Section effective Oct. 7, 1980, see section 12 of Pub. L. 96-389,
set out as a note under section 286s of this title.
-End-
-CITE-
22 USC Sec. 286e-1h 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-1h. Increase of subscription of stock; authority of
United States Governor of Bank; authorization of appropriations
-STATUTE-
(a) The United States Governor of the Bank is authorized -
(1) to vote to increase by three hundred and sixty-five
thousand shares the authorized capital stock of the Bank; and
(2) to subscribe on behalf of the United States to not more
than seventy-three thousand and ten shares of the capital stock
of the Bank: Provided, however, That not more than seven and
one-half percent ($658,305,195) of the price of the shares
subscribed may be paid in to the Bank on subscription, with the
remainder of that price ($8,149,256,155) being subject to call
only when a call on unpaid subscriptions is required to meet
obligations of the Bank for funds borrowed or on loans guaranteed
by it and not for use by the Bank in its lending activities or
for administrative expenses: Provided further, That any
subscription to such additional shares 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 paid-in portion of the United States
subscription to the Bank provided for in this section, there is
authorized to be appropriated, without fiscal year limitation,
$658,305,195 for payment by the Secretary of the Treasury:
Provided, however, That not more than $109,720,549 of such sum may
be made available for each of the fiscal years 1982, 1983, and
1984.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 39, as added Pub. L. 97-35, title
XIII, Sec. 1311, Aug. 13, 1981, 95 Stat. 740.)
-MISC1-
EFFECTIVE DATE
Section effective Aug. 13, 1981, except that any funds authorized
to be appropriated shall not be available for use or obligation
prior to Oct. 1, 1981, see section 1372 of Pub. L. 97-35, set out
as a note under section 290i of this title.
-End-
-CITE-
22 USC Sec. 286e-1i 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-1i. Increase in United States quota; consultations with
Congress
-STATUTE-
(a) The United States Governor of the Fund is authorized to
consent to an increase in the quota of the United States in the
Fund equivalent to 5,310,800,000 Special Drawing Rights, limited to
such amounts as are provided in advance in appropriations Acts.
(b)(1) The Secretary of the Treasury shall consult with the
chairman and the ranking minority member of -
(A) the Committee on Banking, Finance and Urban Affairs and the
Committee on Appropriations of the House of Representatives, and
any appropriate subcommittee of each such committee; and
(B) the committee on Foreign Relations, the Committee on
Appropriations, and the Committee on Banking, Housing, and Urban
Affairs of the Senate, and any appropriate subcommittee of each
such committee,
for purposes of discussing the position of the executive branch and
the views of the Congress with respect to any international
negotiations being held to consider any future quota increase for
the International Monetary Fund which may involve an increased
contribution, subscription, or loan by the United States.
(2) Such consultation shall be made -
(A) not later than thirty days before the initiation of such
international negotiations;
(B) during the period in which such negotiations are being
held, in a frequent and timely manner; and
(C) before a session of such negotiations is held at which the
United States representatives may agree to such quota increase.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 41, as added Pub. L. 98-181, title
VIII, Sec. 802(a)(4), Nov. 30, 1983, 97 Stat. 1268.)
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 286y of this title.
-End-
-CITE-
22 USC Sec. 286e-1j 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-1j. Additional increase in capital stock of Bank;
subscription to additional shares; authorization of
appropriations
-STATUTE-
(a) The United States Governor of the Bank is authorized -
(1) to vote for an increase of seventy thousand shares in the
authorized capital stock of the Bank; and
(2) to subscribe on behalf of the United States to twelve
thousand four hundred and fifty-three additional shares of the
capital stock of the Bank, except that any subscription to such
additional shares 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 increase in the United States
subscription to the Bank provided for in this section, there are
authorized to be appropriated, without fiscal year limitation,
$1,502,267,655 for payment by the Secretary of the Treasury.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 51, as added Pub. L. 99-190, Sec.
101(i) [title I, (a)], Dec. 19, 1985, 99 Stat. 1291, 1294.)
-COD-
CODIFICATION
Section 51 of act July 31, 1945, is based on section 301 of title
III 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. 286e-1k 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-1k. Capital stock increase
-STATUTE-
(a) Increase authorized
The United States Governor of the Bank is authorized -
(1) to vote for an increase of 620,000 shares in the authorized
capital stock of the Bank; and
(2) to subscribe on behalf of the United States to 116,262
additional shares of the capital stock of the Bank, except that
any subscription to such additional shares 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 increase in the United States
subscription to the Bank provided for in this section, there are
authorized to be appropriated, without fiscal year limitation,
$14,025,266,370, for payment by the Secretary of the Treasury.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 53, as added Pub. L. 100-461, title
V, Sec. 555, Oct. 1, 1988, 102 Stat. 2268-36.)
-COD-
CODIFICATION
Section 53 of act July 31, 1945, is based on section 1 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. 286e-1l 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-1g742l. Quota increase
-STATUTE-
The United States Governor of the Fund may consent to an increase
in the quota of the United States in the Fund equivalent to
8,608,500,000 Special Drawing Rights, limited to such amounts as
are provided in advance in appropriations Acts.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 56, as added Pub. L. 102-511, title
X, Sec. 1001, Oct. 24, 1992, 106 Stat. 3357.)
-End-
-CITE-
22 USC Sec. 286e-1m 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-1m. Quota increase
-STATUTE-
(a) In general
The United States Governor of the Fund may consent to an increase
in the quota of the United States in the Fund equivalent to
10,622,500,000 Special Drawing Rights.
(b) Subject to appropriations
The authority provided by subsection (a) of this section shall be
effective only to such extent or in such amounts as are provided in
advance in appropriations Acts.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 61, as added Pub. L. 105-277, div. A,
Sec. 101(d) [title VI, Sec. 608], Oct. 21, 1998, 112 Stat.
2681-150, 2681-224.)
-End-
-CITE-
22 USC Sec. 286e-2 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-2. Loans to Fund
-STATUTE-
(a) Limitation; balance of payments and reserve position
considerations
In order to carry out the purposes of the decisions of January 5,
1962, February 24, 1983, and January 27, 1997, as amended in
accordance with their terms, of the Executive Directors of the
International Monetary Fund, the Secretary of the Treasury is
authorized to make loans, in an amount not to exceed the equivalent
of 6,712,000,000 Special Drawing Rights, limited to such amounts as
are provided in advance in appropriations Acts, except that prior
to activation, the Secretary of the Treasury shall certify that
supplementary resources are needed to forestall or cope with an
impairment of the international monetary system and that the Fund
has fully explored other means of funding, to the Fund under
article VII, section 1(i), of the Articles of Agreement of the
Fund. Any loan under the authority granted in this subsection shall
be made with due regard to the present and prospective balance of
payments and reserve position of the United States.
(b) Authorization of appropriations; repayments available for loans
to Fund
For the purpose of making loans to the International Monetary
Fund pursuant to this section, there is authorized to be
appropriated 6,712,000,000 Special Drawing Rights, except that
prior to activation, the Secretary of the Treasury shall certify
whether supplementary resources are needed to forestall or cope
with an impairment of the international monetary system and that
the Fund has fully explored other means of funding, to remain
available until expended to meet calls by the International
Monetary Fund. Any payments made to the United States by the
International Monetary Fund as a repayment on account of the
principal of a loan made under this section shall continue to be
available for loans to the International Monetary Fund.
(c) Interest and charges covered into Treasury; additional
authorization of appropriations for payment of charges for
purchase of currencies or gold from Fund
Payments of interest and charges to the United States on account
of any loan to the International Monetary Fund shall be covered
into the Treasury as miscellaneous receipts. In addition to the
amount authorized in subsection (b) of this section, there is
authorized to be appropriated such amounts as may be necessary for
the payment of charges in connection with any purchases of
currencies or gold by the United States from the International
Monetary Fund.
(d) Amendment to Executive Directors' decision prohibited;
conditions
Unless the Congress by law so authorizes, neither the President,
the Secretary of the Treasury, nor any other person acting on
behalf of the United States, may instruct the United States
Executive Director to the Fund to consent to any amendment to the
Decision of February 24, 1983, or the Decision of January 27, 1997,
of the Executive Directors of the Fund, if the adoption of such
amendment would significantly alter the amount, terms, or
conditions of participation by the United States in the General
Arrangements to Borrow or the New Arrangements to Borrow, as
applicable.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 17, as added Pub. L. 87-490, Sec. 1,
June 19, 1962, 76 Stat. 105; amended Pub. L. 94-564, Sec. 4, Oct.
19, 1976, 90 Stat. 2661; Pub. L. 98-181, title VIII, Sec.
802(a)(1)-(3), Nov. 30, 1983, 97 Stat. 1268; Pub. L. 105-277, div.
A, Sec. 101(d) [title VI, Sec. 609], Oct. 21, 1998, 112 Stat.
2681-150, 2681-224.)
-MISC1-
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-277, Sec. 101(d) [title VI, Sec.
609(1)], substituted "February 24, 1983, and January 27, 1997" for
"and February 24, 1983" and "6,712,000,000" for "4,250,000,000".
Subsec. (b). Pub. L. 105-277, Sec. 101(d) [title VI, Sec.
609(2)], substituted "6,712,000,000" for "4,250,000,000".
Subsec. (d). Pub. L. 105-277, Sec. 101(d) [title VI, Sec.
609(3)], inserted "or the Decision of January 27, 1997," after
"February 24, 1983," and "or the New Arrangements to Borrow, as
applicable" before period at end.
1983 - Subsec. (a). Pub. L. 98-181, Sec. 802(a)(1), substituted
"decisions of January 5, 1962, and February 24, 1983, as amended in
accordance with their terms" for "decision of January 5, 1962", and
"in an amount not to exceed the equivalent of 4,250,000,000 Special
Drawing Rights, limited to such amounts as are provided in advance
in appropriations Acts, except that prior to activation, the
Secretary of the Treasury shall certify that supplementary
resources are needed to forestall or cope with an impairment of the
international monetary system and that the fund has fully explored
other means of funding" for "not to exceed $2,000,000,000
outstanding at any one time".
Subsec. (b). Pub. L. 98-181, Sec. 802(a)(2), substituted
"4,250,000,000 Special Drawing Rights, except that prior to
activation, the Secretary of the Treasury shall certify whether
supplementary resources are needed to forestall or cope with an
impairment of the international monetary system and that the Fund
has fully explored other means of funding" for "$2,000,000,000".
Subsec. (d). Pub. L. 98-181, Sec. 802(a)(3), added subsec. (d).
1976 - Subsec. (a). Pub. L. 94-564 substituted "section 1(i)" for
"section 2(i)".
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment effective Apr. 1, 1978, see section 9 of Pub. L.
94-564, set out as a note under section 286a of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 2 sections 645, 901.
-End-
-CITE-
22 USC Sec. 286e-3 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-3. Transfers to stabilization fund of purchase of
currencies or gold from International Monetary Fund;
administration; utilization of fund resources for repayments
-STATUTE-
Any purchases of currencies or gold by the United States from the
International Monetary Fund may be transferred to and administered
by the fund established by section 5302 of title 31, for use in
accordance with the provisions of that section. The Secretary of
the Treasury is authorized to utilize the resources of that fund
for the purpose of any repayments in connection with such
transactions.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 18, as added Pub. L. 87-490, Sec. 1,
June 19, 1962, 76 Stat. 105.)
-COD-
CODIFICATION
"Section 5302 of title 31" substituted in text for "section 10 of
the Gold Reserve Act of 1934, as amended (31 U.S.C. 822a)" 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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 31 section 5302.
-End-
-CITE-
22 USC Sec. 286e-4 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-4. Loans to International Finance Corporation; amendment
to Articles of Agreement
-STATUTE-
The United States Governor of the Bank is authorized to agree to
an amendment to the articles of agreement of the Bank to permit the
Bank to make, participate in, or guarantee loans to the
International Finance Corporation for use in the lending operations
of the latter.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 21, as added Pub. L. 89-126, Sec.
1(3), Aug. 14, 1965, 79 Stat. 519.)
-End-
-CITE-
22 USC Sec. 286e-5 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-5. Amendments to Articles of Agreement
-STATUTE-
The United States Governor of the Fund is authorized to accept
the amendments to the Articles of Agreement of the Fund approved in
resolution numbered 31-4 of the Board of Governors of the Fund.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 24, as added Pub. L. 94-564, Sec. 1,
Oct. 19, 1976, 90 Stat. 2660.)
-End-
-CITE-
22 USC Sec. 286e-5a 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-5a. Additional amendments to Articles of Agreement
-STATUTE-
The United States Governor of the Bank is hereby authorized to
agree to and to accept the amendment to the Articles of Agreement
in the proposed resolution entitled "Amendment to the Articles of
Agreement of the Bank", forwarded to the United States on February
27, 1987.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 52, as added Pub. L. 100-202, Sec.
101(e) [title I], Dec. 22, 1987, 101 Stat. 1329-131, 1329-134.)
-COD-
CODIFICATION
Section 52 of act July 31, 1945, is based on section 601 of title
VI 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. 286e-5b 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-5b. Acceptance of amendments to Articles of Agreement of
the Fund
-STATUTE-
The United States Governor of the Fund may agree to and accept
the amendments to the Articles of Agreement of the Fund as proposed
in the resolution numbered 45-3 of the Board of Governors of the
Fund that was approved by such Board on June 28, 1990.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 57, as added Pub. L. 102-511, title
X, Sec. 1001, Oct. 24, 1992, 106 Stat. 3357.)
-End-
-CITE-
22 USC Sec. 286e-6 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-6. Vote against establishment of Council
-STATUTE-
The United States Governor of the Fund is directed to vote
against the establishment of a Council authorized under Article
XII, Section 1 of the Fund Articles of Agreement as amended, if
under any circumstances the United States' vote in the Council
would be less than its weighted vote in the Fund.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 26, as added Pub. L. 94-564, Sec. 1,
Oct. 19, 1976, 90 Stat. 2660.)
-End-
-CITE-
22 USC Sec. 286e-7 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-7. Supplementary Financing Facility
-STATUTE-
(a) Availability of resources
For the purpose of participation of the United States in the
Supplementary Financing Facility (hereinafter referred to as the
"facility") established by the decision numbered 5508-(77/127) of
the Executive Directors of the Fund, the Secretary of the Treasury
is authorized to make resources available as provided in the
decision numbered 5509-(77/127) of the Fund, in an amount not to
exceed the equivalent of 1,450 million Special Drawing Rights.
(b) Adjustments in the value of monetary assets
The Secretary of the Treasury shall account, through the fund
established by section 5302 of title 31, for any adjustment in the
value of monetary assets held by the United States in respect of
United States participation in the facility.
(c) Authorization of appropriations
Notwithstanding any other provision of this section, the
authority of the Secretary to enter into agreements making
resources available under this section shall be limited to such
amounts as are appropriated in advance in appropriation Acts.
Effective October 1, 1978, there are hereby authorized to be
appropriated to the Secretary of the Treasury, without fiscal year
limitation, such sums as are necessary to carry out subsection (a)
of this section, but not to exceed an amount of dollars equivalent
to 1,450 million Special Drawing Rights.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 28, as added Pub. L. 95-435, Sec. 1,
Oct. 10, 1978, 92 Stat. 1051.)
-COD-
CODIFICATION
In subsec. (b), "section 5302 of title 31" substituted for
"section 10 of the Gold Reserve Act of 1934, as amended (31 U.S.C.
822a)" 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. 286e-8 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-8. Treatment of creditors in debt rescheduling
-STATUTE-
The Secretary of the Treasury shall instruct the United States
executive director to seek to assure that no decision by the
International Monetary Fund undermines or departs from United
States policy regarding the comparability of treatment of public
and private creditors in cases of debt rescheduling where official
United States credits are involved.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 29, as added Pub. L. 95-435, Sec. 3,
Oct. 10, 1978, 92 Stat. 1052; amended Pub. L. 96-389, Sec. 5, Oct.
7, 1980, 94 Stat. 1554.)
-MISC1-
AMENDMENTS
1980 - Pub. L. 96-389 struck out "on the use of the facility"
after "Monetary Fund".
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-389 effective Oct. 7, 1980, see section
12 of Pub. L. 96-389, set out as an Effective Date note under
section 286s of this title.
-End-
-CITE-
22 USC Sec. 286e-9 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-9. Stabilization programs
-STATUTE-
The Secretary of the Treasury shall instruct the United States
executive director on the Executive Board of the International
Monetary Fund to initiate a wide consultation with the managing
director of the Fund and other member country executive directors
with regard to encouraging the staff of the Fund to formulate
stabilization programs which, to the maximum feasible extent,
foster a broader base of productive investment and employment,
especially in those productive activities which are designed to
meet basic human needs.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 30, as added Pub. L. 95-435, Sec. 4,
Oct. 10, 1978, 92 Stat. 1052; amended Pub. L. 96-389, Sec. 2(b),
Oct. 7, 1980, 94 Stat. 1553; Pub. L. 101-240, title V, Sec.
541(d)(1), (f)(2), Dec. 19, 1989, 103 Stat. 2518, 2519.)
-MISC1-
AMENDMENTS
1989 - Pub. L. 101-240 struck out subsec. (a) designation and
struck out subsec. (b) which read as follows: "In order to gain a
better understanding of the social, political and economic impact
of the Fund's stabilization programs on borrowing countries,
especially as it relates to the poor majority within those
countries, the United States Governor of the Fund shall prepare and
submit, not later than 180 days after the close of each calendar
year, a report to the Congress. Such report shall evaluate, to the
maximum extent feasible, with respect to countries to which loans
are made during each year, the effects of policies of those
countries which result from the standby agreements on basic human
needs in such countries."
1980 - Subsec. (a). Pub. L. 96-389, Sec. 2(b)(1), struck out
"entered into pursuant to loans from the Supplementary Financing
Facility" after "stabilization programs".
Subsec. (b). Pub. L. 96-389, Sec. 2(b)(2), (3), struck out
"entered into pursuant to loans from the Supplementary Financing
Facility" after "stabilization programs" and "by the Supplementary
Financing Facility" after "loans are made".
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-389 effective Oct. 7, 1980, see section
12 of Pub. L. 96-389, set out as an Effective Date note under
section 286s of this title.
-End-
-CITE-
22 USC Sec. 286e-10 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-10. Repealed. Pub. L. 97-35, title XIII, Sec. 1371(a)(1),
Aug. 13, 1981, 95 Stat. 746
-MISC1-
Section, act July 31, 1945, ch. 339, Sec. 31, as added Oct. 10,
1978, Pub. L. 95-435, Sec. 4, 92 Stat. 1052, required an annual
report to Congress on the status of internationally recognized
human rights in each country which draws on funds under the
Supplementary Financing Facility of the International Monetary
Fund.
EFFECTIVE DATE OF REPEAL
Repeal effective Aug. 13, 1981, see section 1372 of Pub. L.
97-35, set out as an Effective Date note under section 290i of this
title.
-End-
-CITE-
22 USC Sec. 286e-11 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-11. Assistance by the Fund to any country harboring
international terrorists
-STATUTE-
The Secretary of the Treasury shall instruct the Executive
Director of the United States to the International Monetary Fund to
work in opposition to any extension of financial or technical
assistance by the Supplemental Financing Facility or by any other
agency or facility of such Fund to any country the government of
which -
(1) permits entry into the territory of such country to any
person who has committed an act of international terrorism,
including any act of aircraft hijacking, or otherwise supports,
encourages, or harbors such person; or
(2) fails to take appropriate measures to prevent any such
person from committing any such act outside the territory of such
country.
-SOURCE-
(Pub. L. 95-435, Sec. 6, Oct. 10, 1978, 92 Stat. 1053.)
-COD-
CODIFICATION
Section was not enacted as part of act July 31, 1945, ch. 339, 59
Stat. 512, known as the Bretton Woods Agreements Act, which
comprises this subchapter.
-End-
-CITE-
22 USC Sec. 286e-12 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-12. Contribution to Interest Subsidy Account of Enhanced
Structural Adjustment Facility of International Monetary Fund
-STATUTE-
(a) Contribution authorized
(1) In general
Subject to paragraph (2), the United States Governor of the
Fund may contribute $150,000,000 to the Interest Subsidy Account
of the Enhanced Structural Adjustment Facility of the Fund on
behalf of the United States.
(2) Condition
The United States Governor of the Fund may not make a
commitment to contribute any amount authorized to be contributed
under paragraph (1) before an amount equal to such amount has
been appropriated for such purpose.
(b) Limitation on authorization of appropriations
To pay for the contribution authorized by subsection (a) of this
section, there are authorized to be appropriated not to exceed
$150,000,000, without fiscal year limitation, for payment by the
Secretary of the Treasury.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 54, as added Pub. L. 101-240, title
III, Sec. 301, Dec. 19, 1989, 103 Stat. 2500.)
-End-
-CITE-
22 USC Sec. 286e-13 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286e-13. Approval of fund pledge to sell gold to provide
resources for Reserve Account of Enhanced Structural Adjustment
Facility Trust
-STATUTE-
The Secretary of the Treasury is authorized to instruct the
United States Executive Director of the Fund to vote to approve the
Fund's pledge to sell, if needed, up to 3,000,000 ounces of the
Fund's gold, to restore the resources of the Reserve Account of the
Enhanced Structural Adjustment Facility Trust to a level that would
be sufficient to meet obligations of the Trust payable to lenders
which have made loans to the Loan Account of the Trust that have
been used for the purpose of financing programs to Fund members
previously in arrears to the Fund.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 58, as added Pub. L. 102-511, title
X, Sec. 1001, Oct. 24, 1992, 106 Stat. 3357.)
-End-
-CITE-
22 USC Sec. 286f 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286f. Obtaining and furnishing information to the Fund
-STATUTE-
(a) Required disclosure
Whenever a request is made by the Fund to the United States as a
member to furnish data under article VIII, section 5, of the
Articles of Agreement of the Fund, the President may, through any
agency he may designate, require any person to furnish such
information as the President may determine to be essential to
comply with such request. In making such determination the
President shall seek to collect the information only in such detail
as is necessary to comply with the request of the Fund. No
information so acquired shall be furnished to the Fund in such
detail that the affairs of any person are disclosed.
(b) Penalty for refusal
In the event any person refuses to furnish such information when
requested to do so, the President, through any designated
governmental agency, may by subpoena require such person to appear
and testify or to appear and produce records and other documents,
or both. In case of contumacy by, or refusal to obey a subpoena
served upon any such person, the district court for any district in
which such person is found or resides or transacts business, upon
application by the President or any governmental agency designated
by him, shall have jurisdiction to issue an order requiring such
person to appear and give testimony or appear and produce records
and documents, or both; and any failure to obey such order of the
court may be punished by such court as a contempt thereof.
(c) Penalty for unlawful disclosures
It shall be unlawful for any officer or employee of the
Government, or for any advisor or consultant to the Government, to
disclose, otherwise than in the course of official duty, any
information obtained under this section, or to use any such
information for his personal benefit. Whoever violates any of the
provisions of this subsection shall, upon conviction, be fined not
more than $5,000, or imprisoned for not more than five years, or
both.
(d) "Person" defined
The term "person" as used in this section means an individual,
partnership, corporation or association.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 8, 59 Stat. 515.)
-EXEC-
EX. ORD. NO. 10033. REGULATIONS GOVERNING THE PROVIDING OF
STATISTICAL INFORMATION TO INTERGOVERNMENTAL ORGANIZATIONS
Ex. Ord. No. 10033, Feb. 8, 1949, 14 F.R. 561, as amended by Ex.
Ord. No. 11269, Feb. 14, 1966, 31 F.R. 2813; Ex. Ord. No. 12013,
Oct. 7, 1977, 42 F.R. 54931; Ex. Ord. No. 12318, Aug. 21, 1981, 46
F.R. 42833, provided:
Section 1. Except as provided in section 2 hereof, the Director
of the Office of Management and Budget, hereinafter referred to as
the Director, (a) shall determine, with the concurrence of the
Secretary of State, what statistical information shall be provided
in response to official requests received by the United States
Government from any intergovernmental organization of which this
country is a member, and (b) shall determine which Federal
executive agency or agencies shall prepare the statistical
information thus to be provided. The statistical information so
prepared shall be transmitted to the requesting intergovernmental
organization through established channels by the Secretary of State
or by any Federal executive agency now or hereafter authorized by
the Secretary of State to transmit such information.
Sec. 2. (a) The National Advisory Council on International
Monetary and Financial Policies, hereinafter referred to as the
National Advisory Council, shall determine, after consultation with
the Director, what information is essential in order that the
United States Government may comply with official requests for
information received from the International Monetary Fund or the
International Bank for Reconstruction and Development.
(b) The Director shall determine which Federal executive agency
or agencies shall collect or make available information found
essential under section 2(a) hereof.
(c) In the collection of information pursuant to a determination
made by the Director under section 2(b) hereof in response to a
request under article VIII, section 5, of the Articles of Agreement
of the International Monetary Fund, the authority conferred on the
President by section 8 of the Bretton Woods Agreements Act [this
section] to require any person to furnish such information, by
subpoena or otherwise, may be exercised by each of the
following-named agencies:
Department of Agriculture.
Department of Commerce.
Department of the Interior.
Department of Labor.
Department of the Treasury.
Board of Governors of the Federal Reserve System.
Federal Communications Commission.
Federal Deposit Insurance Corporation.
Federal Power Commission.
Federal Trade Commission.
Interstate Commerce Commission.
Securities and Exchange Commission.
United States Maritime Commission.
United States Tariff Commission [now the United States
International Trade Commission].
(d) The information collected or made available under section 2
of this order shall be submitted to the National Advisory Council
for review and for presentation to the said Fund or Bank.
(e) As used in this order, the word "person" means an individual,
partnership, corporation, or association.
Sec. 3. The Director's determination of any matter under section
1 or section 2(b) of this order shall be made after consulting
appropriate Federal executive agencies and giving due consideration
to any responsibility now exercised by any of them in relation to
an intergovernmental organization.
Sec. 4. This order shall not be construed to authorize the
Director or the National Advisory Council to provide, or to require
any Federal executive agency to provide, to an intergovernmental
organization (a) information during any period of time when the
agency having primary responsibility for security of the specified
information declares that it must be withheld from the
intergovernmental organization in the interest of military
security, or (b) information which any Federal executive agency is
required by law to maintain on a confidential basis.
Sec. 5. The Director and the National Advisory Council are
authorized to prescribe such regulations as may be necessary to
carry out their respective responsibilities under this order.
Sec. 6. To the extent that this order conflicts with any previous
Executive order, the provisions of this order shall control.
Sec. 7. [Revoked by Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R.
42833]
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 286z of this title; title
31 section 5315.
-End-
-CITE-
22 USC Sec. 286g 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286g. Jurisdiction and venue of actions
-STATUTE-
For the purpose of any action which may be brought within the
United States or its Territories or possessions by or against the
Fund or the Bank in accordance with the Articles of Agreement of
the Fund or the Articles of Agreement of the Bank, the Fund or the
Bank, as the case may be, shall be deemed to be an inhabitant of
the Federal judicial district in which its principal office in the
United States is located, and any such action at law or in equity
to which either the Fund or 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 shall have original
jurisdiction of any such action. When either the Fund or the Bank
is a defendant in any such action, it may, at any time before the
trial thereof, remove such action from a State court 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-
(July 31, 1945, ch. 339, Sec. 10, 59 Stat. 516.)
-End-
-CITE-
22 USC Sec. 286h 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286h. Status, privileges, and immunities of the United States
-STATUTE-
The provisions of article IX, sections 2 to 9, both inclusive,
and the first sentence of article VIII, section 2(b), of the
Articles of Agreement of the Fund, and the provisions of article
VI, section 5(i), and article VII, sections 2 to 9, both inclusive,
of the Articles of Agreement of the Bank, shall have full force and
effect in the United States and its Territories and possessions
upon acceptance of membership by the United States in, and the
establishment of, the Fund and the Bank, respectively.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 11, 59 Stat. 516.)
-End-
-CITE-
22 USC Sec. 286i 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286i. Stabilization loans by Bank; amendment to Articles of
Agreement
-STATUTE-
The governor and executive director of the Bank appointed by the
United States are directed to obtain promptly an official
interpretation by the Bank as to its authority to make or guarantee
loans for programs of economic reconstruction and the
reconstruction of monetary systems, including long-term
stabilization loans. If the Bank does not interpret its powers to
include the making or guaranteeing of such loans, the governor of
the Bank representing the United States is directed to propose
promptly and support an amendment to the Articles of Agreement for
the purpose of explicitly authorizing the Bank, after consultation
with the Fund, to make or guarantee such loans. The President is
authorized and directed to accept an amendment to that effect on
behalf of the United States.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 12, 59 Stat. 516.)
-End-
-CITE-
22 USC Sec. 286j 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286j. Use of Fund resources
-STATUTE-
(a) Official interpretation of authority of Fund
The governor and executive director of the Fund appointed by the
United States are directed to obtain promptly an official
interpretation by the Fund as to whether its authority to use its
resources extends beyond current monetary stabilization operations
to afford temporary assistance to members in connection with
seasonal, cyclical, and emergency fluctuations in the balance of
payment of any member for current transactions, and whether it has
authority to use its resources to provide facilities for relief,
reconstruction, or armaments, or to meet a large or sustained
outflow of capital on the part of any member.
(b) Proposal of amendment
If the interpretation by the Fund answers in the affirmative any
of the questions stated in subsection (a) of this section, the
governor of the Fund representing the United States is directed to
propose promptly and support an amendment to the Articles of
Agreement for the purpose of expressly negativing such
interpretation. The President is authorized and directed to accept
an amendment to that effect on behalf of the United States.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 13, 59 Stat. 517.)
-End-
-CITE-
22 USC Sec. 286k 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286k. Further promotion of international economic relations
-STATUTE-
(a) Congressional declaration of policy
In the realization that additional measures of international
economic cooperation are necessary to facilitate the expansion and
balanced growth of international trade and render most effective
the operations of the Fund and the Bank, it is declared to be the
policy of the United States to seek to bring about further
agreement and cooperation among nations and international bodies,
as soon as possible, on ways and means which will best reduce
obstacles to and restrictions upon international trade, eliminate
unfair trade practices, promote mutually advantageous commercial
relations, and otherwise facilitate the expansion and balanced
growth of international trade and promote the stability of
international economic relations. In considering the policies of
the United States in foreign lending and the policies of the Fund
and the Bank, particularly in conducting exchange transactions, the
Council and the United States representatives on the Fund and the
Bank shall give careful consideration to the progress which has
been made in achieving such agreement and cooperation.
(b) Transmittal of information to Congressional committees
The President shall, upon the request of any committee of the
Congress with legislative or oversight jurisdiction over monetary
policy or the International Monetary Fund, provide to such
committee any appropriate information relevant to that committee's
jurisdiction which is furnished to any department or agency of the
United States by the International Monetary Fund. The President
shall comply with this provision consistent with United States
membership obligations in the International Monetary Fund and
subject to such limitations as are appropriate to the sensitive
nature of the information.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 14, 59 Stat. 517; Pub. L. 95-147,
Sec. 4(a)(2), Oct. 28, 1977, 91 Stat. 1228.)
-MISC1-
AMENDMENTS
1977 - Pub. L. 95-147 designated existing provisions as subsec.
(a) and added subsec. (b).
-End-
-CITE-
22 USC Sec. 286k-1 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286k-1. Securities issued by Bank as exempt securities;
reports filed with Security and Exchange Commission
-STATUTE-
(a) Any securities issued by International Bank for
Reconstruction and Development (including any guaranty by the bank,
whether or not limited in scope), and any securities guaranteed by
the bank as to both principal and interest, shall be deemed to be
exempted securities within the meaning of subsection (a)(2) of
section 77c of title 15, and subsection (a)(12) of section 78c 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) Repealed. Pub. L. 101-240, title V, Sec. 541(d)(1), Dec. 19,
1989, 103 Stat. 2518.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 15, as added June 29, 1949, ch. 276,
Sec. 2, 63 Stat. 298; amended Pub. L. 101-240, title V, Sec.
541(d)(1), Dec. 19, 1989, 103 Stat. 2518.)
-MISC1-
AMENDMENTS
1989 - Subsec. (b). Pub. L. 101-240 struck out subsec. (b) which
related to contents of National Advisory Council reports provided
for in section 286b of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 286k-2 of this title.
-End-
-CITE-
22 USC Sec. 286k-2 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286k-2. Suspension of right of International Bank to issue
securities under section 286k-1; report of Securities and
Exchange Commission
-STATUTE-
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
section 286k-1 (a) of this title 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 section 286k-1 of
this title and section 24 of title 12 and in connection therewith
shall include any views submitted for such purpose by any
association of dealers registered with the Commission.
-SOURCE-
(June 29, 1949, ch. 276, Sec. 3, 63 Stat. 299.)
-COD-
CODIFICATION
Section was not enacted as part of act July 31, 1945, ch. 339, 59
Stat. 512, known as the Bretton Woods Agreements Act, which
comprises this subchapter.
-TRANS-
DELEGATION OF FUNCTIONS
Functions of National Advisory Council on International Monetary
and Financial Problems delegated to National Advisory Council on
International Monetary and Financial Policies, see section 2(a) of
Ex. Ord. No. 11269, Feb. 14, 1966, 31 F.R. 2813, set out as a note
under section 286b of this title.
-End-
-CITE-
22 USC Sec. 286l 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286g742l. British loan; authorization to Secretary of the
Treasury to carry out agreement
-STATUTE-
The Secretary of the Treasury, in consultation with the National
Advisory Council on International Monetary and Financial Problems,
is authorized to carry out the agreement dated December 6, 1945,
between the United States and the United Kingdom which was
transmitted by the President to the Congress on January 30, 1946,
and the action of the Secretary of the Treasury in signing the
agreement dated March 6, 1957, amending said agreement is approved.
-SOURCE-
(July 15, 1946, ch. 577, Sec. 1, 60 Stat. 535; Pub. L. 85-21, Apr.
20, 1957, 71 Stat. 17.)
-REFTEXT-
REFERENCES IN TEXT
Agreement dated December 6, 1945, between the United States and
the United Kingdom, referred to in text, is set out as a note
below.
-COD-
CODIFICATION
Section was not enacted as a part of act July 31, 1945, ch. 339,
59 Stat. 512, known as the Bretton Woods Agreements Act, which
comprises this subchapter.
-MISC1-
AMENDMENTS
1957 - Pub. L. 85-21 inserted ", and the action of the Secretary
of the Treasury in signing the agreement dated March 6, 1957,
amending said agreement is approved".
-TRANS-
DELEGATION OF FUNCTIONS
Functions of National Advisory Council on International Monetary
and Financial Problems delegated to National Advisory Council on
International Monetary and Financial Policies, see section 2(a) of
Ex. Ord. No. 11269, Feb. 14, 1966, 31 F.R. 2813, set out as a note
under section 286b of this title.
-MISC2-
PURPOSES
In defining the purposes of act July 15, 1946, sections 286l and
286m of this title, Congress stated that:
"Whereas in the Bretton Woods Agreements Act [this subchapter]
the Congress has declared it to be the policy of the United States
'to seek to bring about further agreement and cooperation among
nations and international bodies, as soon as possible, on ways and
means which will best reduce obstacles to and restrictions upon
international trade, eliminate unfair trade practices, promote
mutually advantageous commercial relations, and otherwise
facilitate the expansion and balanced growth of international trade
and promote the stability of international economic relations'; and
"Whereas in further implementation of the purposes of the Bretton
Woods Agreements, the Governments of the United States and the
United Kingdom have negotiated an agreement dated December 6, 1945,
designed to expedite the achievement of stable and orderly exchange
arrangements, the prompt elimination of exchange restrictions and
discriminations, and other objectives of the above-mentioned policy
declared by the Congress."
FINANCIAL AGREEMENT BETWEEN THE GOVERNMENTS OF THE UNITED STATES
AND THE UNITED KINGDOM
It is hereby agreed between the Government of the United States
of America and the Government of the United Kingdom of Great
Britain and Northern Ireland as follows:
1. Effective date of the agreement: The effective date of this
Agreement shall be the date on which the Government of the United
States notifies the Government of the United Kingdom that the
Congress of the United States has made available the funds
necessary to extend to the Government of the United Kingdom the
line of credit in accordance with the provisions of this Agreement.
2. Line of credit: The Government of the United States will
extend to the Government of the United Kingdom a line of credit of
$3,750,000,000 which may be drawn upon at any time between the
effective date of this Agreement and December 31, 1951, inclusive.
3. Purpose of the line of credit: The purpose of the line of
credit is to facilitate purchases by the United Kingdom of goods
and services in the United States, to assist the United Kingdom to
meet transitional post-war deficits in its current balance of
payments, to help the United Kingdom to maintain adequate reserves
of gold and dollars, and to assist the Government of the United
Kingdom to assume the obligations of multilateral trade, as defined
in this and other agreements.
4. Amortization and interest:
(i) The amount of the line of credit drawn by December 31, 1951,
shall be repaid in 50 annual installments beginning on December 31,
1951, with interest at the rate of 2 percent per annum. Interest
for the year 1951 shall be computed on the amount outstanding on
December 31, 1951, and for each year thereafter, interest shall be
computed on the amount outstanding on January 1 of each such year.
Forty-nine annual installments of principal repayments and
interest shall be equal, calculated at the rate of $31,823,000 for
each $1,000,000,000 of the line of credit drawn by December 31,
1951, and the fiftieth installment shall be at the rate of
$31,840,736.65 for each such $1,000,000,000. Each installment shall
consist of the full amount of the interest due and the remainder of
the installment shall be the principal to be repaid in that year.
Payments required by this section are subject to the provisions of
section 5.
(ii) The Government of the United Kingdom may accelerate
repayment of the amount drawn under this line of credit.
5. Deferment of annual installments.
(i) In any calendar year after December 31, 1956, in which the
Government of the United Kingdom advises the Government of the
United States that it finds that a deferment is necessary in view
of the present and prospective conditions of international exchange
and the level of its gold and foreign exchange reserves, the
Government of the United Kingdom may defer the payment of the
annual installment for that year of principal repayment and
interest specified under Section 4. Not more than seven (7) annual
installments may be so deferred. The first of any such deferred
installments shall be paid on December 31, 2001, and the others
shall be paid annually thereafter, in order.
(ii) In addition, the installment of interest in respect of the
year 1956 is hereby deferred, in lieu of any right of waiver
hitherto existing. This installment shall be paid on December 31 of
the year following that in which the last of all other
installments, including installments deferred under the preceding
paragraph, is due.
(iii) Deferred installments shall bear interest at the rate of 2
percent per annum, payable annually on December 31 of each year
following that in which deferment occurs.
(iv) Payment of deferred installments may be accelerated, in
whole or in part, at the option of the Government of the United
Kingdom. [Amended Mar. 6, 1957, eff. Apr. 25, 1957.]
6. Relation of this line of credit to other obligations. The
Government of the United Kingdom undertakes not to defer an
installment under Section 5 of this Agreement in any year, unless
it also defers the installment due in that year under the Financial
Agreement between the Government of Canada and the Government of
the United Kingdom, dated March 6, 1946. [Amended Mar. 6, 1957,
eff. Apr. 25, 1957.]
7. Sterling area exchange arrangements: The Government of the
United Kingdom will complete arrangements as early as practicable
and in any case not later than one year after the effective date of
this Agreement, unless in exceptional cases a later date is agreed
upon after consultation, under which immediately after the
completion of such arrangements the sterling receipts from current
transactions of all sterling area countries (apart from any
receipts arising out of military expenditure by the Government of
the United Kingdom prior to December 31, 1948, to the extent to
which they are treated by agreement with the countries concerned on
the same basis as the balances accumulated during the war) will be
freely available for current transactions in any currency area
without discrimination; with the result that any discrimination
arising from the so-called sterling area dollar pool will be
entirely removed and that each member of the sterling area will
have its current sterling and dollar receipts at its free
disposition for current transactions anywhere.
8. Other exchange arrangements:
(i) Government of the United Kingdom agrees that after the
effective date of this Agreement it will not apply exchange
controls in such a manner as to restrict (a) payments or transfers
in respect of products of the United States permitted to be
imported into the United Kingdom or other current transactions
between the two countries or (b) the use of sterling balances to
the credit of residents of the United States arising out of current
transactions. Nothing in this paragraph (i) shall affect the
provisions of Article VII of the Articles of Agreement of the
International Monetary Fund when those Articles have come into
force.
(ii) The Governments of the United States and the United Kingdom
agree that not later than one year after the effective date of this
Agreement, unless in exceptional cases a later date is agreed upon
after consultation, they will impose no restrictions on payments
and transfers for current transactions. The obligations of this
paragraph (ii) shall not apply:
(a) to balances of third countries and their nationals
accumulated before this paragraph (ii) becomes effective; or
(b) to restrictions imposed in conformity with the Articles of
Agreement of the International Monetary Fund, provided that the
Governments of the United Kingdom and the United States will not
continue to invoke the provisions of Article XIV, Section 2 of
those Articles after this paragraph (ii) becomes effective, unless
in exceptional cases after consultation they agree otherwise; or
(c) to restrictions imposed in connection with measures designed
to uncover and dispose of assets of Germany and Japan.
(iii) This section and section 9, which are in anticipation of
more comprehensive arrangements by multilateral agreement, shall
operate until December 31, 1951.
9. Import arrangements: If either the Government of the United
States or the Government of the United Kingdom imposes or maintains
quantitative import restrictions, such restrictions shall be
administered on a basis which does not discriminate against imports
from the other country in respect of any product; provided that
this undertaking shall not apply in cases in which (a) its
application would have the effect of preventing the country
imposing such restrictions from utilizing, for the purchase of
needed imports, inconvertible currencies accumulated up to December
31, 1946, or (b) there may be special necessity for the country
imposing such restrictions to assist, by measures not involving a
substantial departure from the general rule of non-discrimination,
a country whose economy has been disrupted by war, or (c) either
government imposes quantitative restrictions having equivalent
effect to any exchange restrictions which that government is
authorized to impose in conformity with Article VII of the Articles
of Agreement of the International Monetary Fund. The provisions of
this section shall become effective as soon as practicable but not
later than December 31, 1946.
10. Accumulated sterling balances:
(i) The Government of the United Kingdom intends to make
agreements with the countries concerned, varying according to the
circumstances of each case, for an early settlement covering the
sterling balances accumulated by sterling area and other countries
prior to such settlement (together with any future receipts arising
out of military expenditure by the Government of the United Kingdom
to the extent to which they are treated on the same basis by
agreement with the countries concerned). The settlements with the
sterling area countries will be on the basis of dividing these
accumulated balances into three categories (a) balances to be
released at once and convertible into any currency for current
transactions, (b) balances to be similarly released by installments
over a period of years beginning in 1951, and (c) balances to be
adjusted as a contribution to the settlement of war and postwar
indebtedness and in recognition of the benefits which the countries
concerned might be expected to gain from such a settlement. The
Government of the United Kingdom will make every endeavor to secure
the early completion of these arrangements.
(ii) In consideration of the fact that an important purpose of
the present line of credit is to promote the development of
multilateral trade and facilitate its early resumption on a
non-discriminatory basis, the Government of the United Kingdom
agrees that any sterling balances released or otherwise available
for current payments will, not later than one year after the
effective date of this Agreement unless in special cases a later
date is agreed upon after consultation, be freely available for
current transactions in any currency area without discrimination.
11. Definitions:
For the purposes of this Agreement:
(i) The term "current transactions" shall have the meaning
prescribed in Article XIX (i) of the Articles of Agreement of the
International Monetary Fund.
(ii) The term "sterling area" means the United Kingdom and the
other territories declared by the Defence (Finance) Definition of
the Sterling Area) (No. 2) Order, 1944, to be included in the
sterling area, namely "the following territories excluding Canada
and Newfoundland, that is to say -
(a) any Dominion,
(b) any other part of His Majesty's dominions,
(c) any territory in respect of which a mandate on behalf of the
League of Nations has been accepted by His Majesty and is being
exercised by His Majesty's Government in the United Kingdom or in
any Dominion,
(d) any British protectorate or protected State,
(e) Egypt, the Anglo-Egyptian Sudan and Iraq.
(f) Iceland and the Faroe Islands."
12. Consultation on Agreement: Either government shall be
entitled to approach the other for a reconsideration of any of the
provisions of this Agreement, if in its opinion the prevailing
conditions of international exchange justify such reconsideration,
with a view to agreeing upon modifications for presentation to
their respective legislatures.
Signed in duplicate at Washington, District of Columbia this 6th
day of December, 1945.
For the Government of the United States of America:
Fred M. Vinson,
Secretary of the Treasury
of the United States of America.
For the Government of the United Kingdom of Great Britain and
Northern Ireland:
Halifax.
-End-
-CITE-
22 USC Sec. 286m 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286m. Amount of loan; public-debt transaction; disposition of
interest payments
-STATUTE-
For the purpose of carrying out the agreement dated December 6,
1945, between the United States and the United Kingdom, the
Secretary of the Treasury is authorized to use as a public-debt
transaction not to exceed $3,750,000,000 of the proceeds of any
securities issued after July 15, 1946, under chapter 31 of title
31, and the purposes for which securities may be issued under that
chapter are extended to include such purpose. Payments to the
United Kingdom under this section and section 286l of this title
and pursuant to the agreement and repayments thereof shall be
treated as public-debt transactions of the United States. Payments
of interest to the United States under the agreement shall be
covered into the Treasury as miscellaneous receipts.
-SOURCE-
(July 15, 1946, ch. 577, Sec. 2, 60 Stat. 535.)
-REFTEXT-
REFERENCES IN TEXT
Agreement dated December 6, 1945, between the United States and
the United Kingdom, referred to in text, is set out as a note under
section 286l of this title.
-COD-
CODIFICATION
"Chapter 31 of title 31" and "that chapter" substituted in text
for "the Second Liberty Bond Act, as amended" and "that Act",
respectively, 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 was not enacted as a part of act July 31, 1945, ch. 339,
59 Stat. 512, known as the Bretton Woods Agreement Act, which
comprises this subchapter.
-End-
-CITE-
22 USC Sec. 286n 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286n. Special Drawing Rights
-STATUTE-
The President is hereby authorized (a) to accept the amendment to
the articles of agreement of the International Monetary Fund
(hereinafter referred to as the "Fund"), attached to the April 1968
report by the Executive Directors to the Board of Governors of the
Fund, for the purpose of (i) establishing a facility based on
Special Drawing Rights in the Fund and (ii) giving effect to
certain modifications in the present rules and practices of the
Fund, and (b) to participate in the special drawing account
established by the amendment.
-SOURCE-
(Pub. L. 90-349, Sec. 2, June 19, 1968, 82 Stat. 188.)
-COD-
CODIFICATION
Section was not enacted as part of act July 31, 1945, ch. 339, 59
Stat. 512, known as the Bretton Woods Agreement Act, which
comprises this subchapter.
-MISC1-
SHORT TITLE
Section 1 of Pub. L. 90-349 provided: "That this Act [enacting
this section and sections 286o to 286r of this title and amending
sections 412, 415, 417, and 467 of Title 12, Banks and Banking] may
be cited as the 'Special Drawing Rights Act'."
-End-
-CITE-
22 USC Sec. 286o 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286g742o. Administration as part of the Exchange Stabilization
Fund
-STATUTE-
(a) Special Drawing Rights
Special Drawing Rights allocated to the United States pursuant to
article XVIII of the Articles of Agreement of the Fund, and Special
Drawing Rights otherwise acquired by the United States, shall be
credited to the account of, and administered as part of, the
Exchange Stabilization Fund established by section 5302 of title
31.
(b) Deposit in and withdrawal from Fund
The proceeds resulting from the use of Special Drawing Rights by
the United States, and payments of interest to the United States
pursuant to article XX, article XXIV, and article XXV of the
Articles of Agreement of the Fund, shall be deposited in the
Exchange Stabilization Fund. Currency payments by the United States
in return for Special Drawing Rights, and payments of charges or
assessments pursuant to article XX, article XXIV, and article XXV
of the Articles of Agreement of the Fund, shall be made from the
resources of the Exchange Stabilization Fund.
-SOURCE-
(Pub. L. 90-349, Sec. 3, June 19, 1968, 82 Stat. 188; Pub. L.
94-564, Sec. 5(1), (2), Oct. 19, 1976, 90 Stat. 2661.)
-COD-
CODIFICATION
In subsec. (a), "section 5302 of title 31" substituted for
"section 10 of the Gold Reserve Act of 1934, as amended (31 U.S.C.
822a)" 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 was not enacted as part of act July 31, 1945, ch. 339, 59
Stat. 512, known as the Bretton Woods Agreement Act, which
comprises this subchapter.
-MISC1-
AMENDMENTS
1976 - Subsec. (a). Pub. L. 94-564, Sec. 5(1), substituted
"article XVIII" for "article XXIV".
Subsec. (b). Pub. L. 94-564, Sec. 5(2), substituted "article XX,
article XXIV, and XXV" for "article XXVI, article XXX, and article
XXXI" wherever appearing.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment effective Apr. 1, 1978, see section 9 of Pub. L.
94-564, set out as a note under section 286a of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 31 section 5302.
-End-
-CITE-
22 USC Sec. 286p 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286p. Issuance, purpose, and redemption of Special Drawing
Rights certificates
-STATUTE-
(a) The Secretary of the Treasury is authorized to issue to the
Federal Reserve banks, and such banks shall purchase, Special
Drawing Right certificates in such form and in such denominations
as he may determine, against any Special Drawing Rights held to the
credit of the Exchange Stabilization Fund. Such certificates shall
be issued and remain outstanding only for the purpose of financing
the acquisition of Special Drawing Rights or for financing exchange
stabilization operations. The amount of Special Drawing Right
certificates issued and outstanding shall at no time exceed the
value of the Special Drawing Rights held against the Special
Drawing Right certificates. The proceeds resulting from the
issuance of Special Drawing Right certificates shall be covered
into the Exchange Stabilization Fund.
(b) Special Drawing Right certificates owned by the Federal
Reserve banks shall be redeemed from the resources of the Exchange
Stabilization Fund at such times and in such amounts as the
Secretary of the Treasury may determine.
-SOURCE-
(Pub. L. 90-349, Sec. 4, June 19, 1968, 82 Stat. 188.)
-COD-
CODIFICATION
Section was not enacted as part of act July 31, 1945, ch. 339, 59
Stat. 512, known as the Bretton Woods Agreement Act, which
comprises this subchapter.
-End-
-CITE-
22 USC Sec. 286q 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286q. Limitation on allocations to the United States
-STATUTE-
(a) Unless Congress by law authorizes such action, neither the
President nor any person or agency shall on behalf of the United
States vote to allocate in each basic period Special Drawing Rights
under article XVIII, sections 2 and 3, of the Articles of Agreement
of the Fund so that allocations to the United States in that period
exceed an amount equal to the United States quota in the Fund as
authorized under the Bretton Woods Agreements Act [22 U.S.C. 286 et
seq.].
(b)(1) Neither the President nor any person or agency shall on
behalf of the United States vote to allocate Special Drawing Rights
under article XVIII, sections 2 and 3, of the Articles of Agreement
of the Fund without consultations by the Secretary of the Treasury
at least 90 days prior to any such vote, with the Chairman and
ranking minority members of the Committee on Foreign Relations and
the Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Banking, Finance and Urban Affairs of the
House of Representatives, and the appropriate subcommittees
thereof.
(2) Such consultations shall include an explanation of the
consistency of such proposal to allocate with the requirements of
the Articles of Agreement of the Fund, in particular the
requirement that in all its decisions with respect to allocation of
Special Drawing Rights, the Fund shall "seek to meet the long-term
global need, as and when it arises, to supplement existing reserve
assets in such manner as will promote the attainment of its
purposes and will avoid economic stagnation and deflation as well
as excess demand and inflation in the world".
-SOURCE-
(Pub. L. 90-349, Sec. 6, June 19, 1968, 82 Stat. 189; Pub. L.
91-599, ch. 1, Sec. 2, Dec. 30, 1970, 84 Stat. 1657; Pub. L.
94-564, Sec. 5(3), Oct. 19, 1976, 90 Stat. 2661; Pub. L. 98-181,
title VIII, Sec. 803, Nov. 30, 1983, 97 Stat. 1270.)
-REFTEXT-
REFERENCES IN TEXT
The Bretton Woods Agreements Act, referred to in subsec. (a), is
act July 31, 1945, ch. 339, 59 Stat. 512, as amended, which is
classified principally to this subchapter (Sec. 286 et seq.). 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 was not enacted as part of act July 31, 1945, ch. 339, 59
Stat. 512, known as the Bretton Woods Agreement Act, which
comprises this subchapter.
-MISC1-
AMENDMENTS
1983 - Pub. L. 98-181 designated existing provisions as subsec.
(a) and added subsec. (b).
1976 - Pub. L. 94-564 substituted "article XVIII" for "article
XXIV".
1970 - Pub. L. 91-599 inserted "in each basic period" after "vote
to allocate" and substituted "allocations to the United States in
that period exceed an amount equal to the United States quota in
the Fund as authorized under the Bretton Woods Agreements Act" for
"net cumulative allocations to the United States exceed an amount
equal to the United States quota in the Fund as heretofore
authorized under the Bretton Woods Agreements Act of 1945, as
amended".
-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.
-MISC2-
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment effective Apr. 1, 1978, see section 9 of Pub. L.
94-564, set out as a note under section 286a of this title.
-End-
-CITE-
22 USC Sec. 286r 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286r. United States participation in special drawing account
-STATUTE-
The provisions of article XXI(b) of the Articles of Agreement of
the Fund shall have full force and effect in the United States and
its territories and possessions when the United States becomes a
participant in the special drawing account.
-SOURCE-
(Pub. L. 90-349, Sec. 7, June 19, 1968, 82 Stat. 189; Pub. L.
94-564, Sec. 5(4), Oct. 19, 1976, 90 Stat. 2661.)
-COD-
CODIFICATION
Section was not enacted as part of act July 31, 1945, ch. 339, 59
Stat. 512, known as the Bretton Woods Agreement Act, which
comprises this subchapter.
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-564 substituted "article XXI(b)" for "article
XXVII(b)".
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment effective Apr. 1, 1978, see section 9 of Pub. L.
94-564, set out as a note under section 286a of this title.
-End-
-CITE-
22 USC Sec. 286s 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286s. Consideration of basic human needs in economic
adjustment programs supported by Fund
-STATUTE-
(a) Formulation and design of programs
The President shall instruct the Secretary of the Treasury, the
Secretary of State, and other appropriate Federal officials to use
all appropriate means to encourage countries, in formulating
economic adjustment programs to deal with their balance of payments
difficulties, to design those programs so as to safeguard, to the
maximum feasible extent, jobs, investment, real per capita income,
policies to reduce the gap in wealth between rich and poor, and
social programs such as health, housing, and education.
(b) Changes in Fund guidelines, policies, and decisions; review
prior to approval of standby arrangements; coordination among
institutions; coordination between Fund and Bank; periodic
analyses
To ensure the effectiveness of economic adjustment programs
supported by Fund resources and the reinforcement of those programs
by longer term efforts to promote sustained growth and improved
living conditions -
(1) United States representatives to the Fund shall recommend
and shall work for changes in Fund guidelines, policies, and
decisions that would -
(A) permit stand-by arrangements to be extended beyond three
years, as necessary to enable Fund members to implement their
economic adjustment programs successfully;
(B) provide that in approving any economic adjustment program
the Fund shall take into account the effect such program will
have on jobs, investment, real per capita income, the gap in
wealth between the rich and poor, and social programs such as
health, housing, and education, in order to seek to minimize
the adverse impact of those adjustment programs on basic human
needs; and
(C) provide that letters of intent submitted to the Fund in
support of an economic adjustment program reflect that the
member country has taken into account the effect such program
will have on the factors listed in subparagraph (B);
(2)(A) before voting on the approval of any standby arrangement
with respect to any economic adjustment program, the United
States Executive Director shall review -
(i) any analysis of factors prepared by the Fund or the
member country in accordance with subparagraphs (B) and (C) of
paragraph (1), or
(ii) if no such analysis is prepared and available for such
review, an analysis which shall be prepared by the United
States Governor of the Fund which examines the effect of the
program on the factors listed in subparagraph (B) of paragraph
(1); and
(B) the United States Executive Director of the Fund shall take
into account the analysis reviewed pursuant to subparagraph (A)
of this paragraph in voting on approval of that standby
arrangement;
(3) United States representatives to the Fund, to the Bank, and
to other appropriate institutions shall work toward improving
coordination among these institutions and, in particular, shall
work toward formulation of programs in association with economic
adjustment programs supported by Fund resources which (A) will,
among other things, promote employment, investment, real income
per capita, improvements in income distribution, and the
objectives of social programs such as health, housing, and
education, and (B) will, to the maximum extent feasible and
consistent with the borrowing country's need to improve its
balance of payments position within a reasonable period,
ameliorate any adverse effects of economic adjustment programs on
the poor;
(4) United States representatives to the Fund and the Bank
shall seek amendments to decisions on policies on the use of Fund
and Bank resources to provide that, where countries are seeking
Extended Fund Facility or upper credit tranche drawings from the
Fund and are eligible to receive financing from the Bank, the
Fund and Bank will coordinate their financing activities in order
-
(A) to take into account the effects of economic adjustment
programs on the areas listed in clause (A) of paragraph (3),
(B) to provide, to the extent feasible, Bank project loans
designed to safeguard and further basic human needs in
countries adopting economic adjustment programs supported by
Fund resources, and
(C) to provide, as appropriate, Bank financing for programs
of structural adjustment that will facilitate development of a
productive economic base and greater attainment of basic human
needs objectives over the longer term; and
(5) United States representatives to the Fund and the Bank
shall request the Fund and the Bank to provide periodic analyses
of the effects of economic adjustment programs supported by Fund
or Bank financing on jobs, investment, real income per capita,
income distribution, and social programs such as health, housing,
and education.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 33, as added Pub. L. 96-389, Sec.
2(a), Oct. 7, 1980, 94 Stat. 1551; amended Pub. L. 101-240, title
V, Sec. 541(d)(1), Dec. 19, 1989, 103 Stat. 2518.)
-MISC1-
AMENDMENTS
1989 - Subsec. (c). Pub. L. 101-240 struck out subsec. (c) which
required inclusion of statement detailing progress made in carrying
out subsecs. (a) and (b) requirements in Council's annual report to
Congress.
EFFECTIVE DATE
Section 12 of Pub. L. 96-389 provided that: "This Act [enacting
this section and sections 286e-1g and 286t to 286x of this title,
amending sections 286e-1g, 286e-8, and 286e-9 of this title and
section 27 of former Title 31, Money and Finance, and enacting
provisions set out as notes under sections 286a and 286t of this
title and section 822a of former Title 31] shall take effect on its
date of enactment [Oct. 7, 1980], except that funds may not be
appropriated under any authorization contained in this Act for any
period prior to October 1, 1980."
-End-
-CITE-
22 USC Sec. 286t 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286t. Omitted
-COD-
CODIFICATION
Section, act July 31, 1945, ch. 339, Sec. 34, as added Oct. 7,
1980, Pub. L. 96-389, Sec. 4(b), 94 Stat. 1553, directed the
Secretary of the Treasury, in cooperation with the United States
Director of the Fund, to study and report to Congress prior to May
15, 1981, with respect to adequacy of Fund resources and method of
increasing Fund liquidity, promotion of more direct recycling of
oil surpluses, and methods of providing adequate resources for
balance-of-payments financing.
-MISC1-
RECYCLING BALANCE-OF-PAYMENTS SURPLUSES BY OIL EXPORTING COUNTRIES
Section 4(a) of Pub. L. 96-389 provided that: "It is the sense of
the Congress that (1) the interests of the United States and those
of other member countries require an effective International
Monetary Fund equipped with resources adequate to facilitate
orderly balance-of-payments adjustments; (2) persistent
balance-of-payments surpluses in oil exporting countries have
placed, and will continue to place, severe strains on the resources
of oil importing countries and on the liquidity of the Fund; (3)
these strains can only be relieved if the oil exporting countries
assume a greater burden for financing balance-of-payments deficits
through direct methods of recycling their surpluses and through
proportionally greater contributions to the Fund and to the
international lending institutions; and (4) the Fund must explore
innovative proposals to encourage more direct recycling of oil
surpluses and to increase its own liquidity."
-End-
-CITE-
22 USC Sec. 286u 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286u. Dollar-Special Drawing Rights substitution account
-STATUTE-
It is the sense of the Congress that the Secretary of the
Treasury and the United States Executive Director of the Fund shall
encourage member countries of the Fund to negotiate a
dollar-Special Drawing Rights substitution account in which
equitable burden sharing would exist among participants in the
account.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 35, as added Pub. L. 96-389, Sec.
4(b), Oct. 7, 1980, 94 Stat. 1554; amended Pub. L. 97-35, title
XIII, Sec. 1371(a)(2), Aug. 13, 1981, 95 Stat. 746.)
-MISC1-
AMENDMENTS
1981 - Pub. L. 97-35 struck out reporting requirement on progress
toward achieving account.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, see section
1372 of Pub. L. 97-35, set out as an Effective Date note under
section 290i of this title.
EFFECTIVE DATE
Amendment by Pub. L. 96-389 effective Oct. 7, 1980, see section
12 of Pub. L. 96-389, set out as a note under section 286s of this
title.
-End-
-CITE-
22 USC Sec. 286v 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286v. Membership for Taiwan in Fund
-STATUTE-
It is the sense of the Congress that it is the policy of the
United States that Taiwan (before January 1, 1979, known as the
Republic of China) shall be granted appropriate membership in the
Fund and that the United States Executive Director of the Fund
shall so notify the Fund.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 36, as added Pub. L. 96-389, Sec. 6,
Oct. 7, 1980, 94 Stat. 1554.)
-MISC1-
EFFECTIVE DATE
Section effective Oct. 7, 1980, see section 12 of Pub. L. 96-389,
set out as a note under section 286s of this title.
-End-
-CITE-
22 USC Sec. 286w 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286w. Denial of membership or other status in Fund for
Palestine Liberation Organization; United States participation in
Fund if membership or other status granted; report by President
to Congress
-STATUTE-
It is the policy of the United States that the Palestine
Liberation Organization should not be given membership in the Fund
or be given observer status or any other official status at any
meeting sponsored by or associated with the Fund. The United States
Executive Director of the Fund shall promptly notify the Fund of
such policy.
In the event that the Fund provides either membership, observer
status, or any other official status to the Palestine Liberation
Organization, such action would result in a serious diminution of
United States support. Upon review of such action, the President
would be required to report his recommendations to the Congress
with regard to any further United States participation in the Fund.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 37, as added Pub. L. 96-389, Sec. 7,
Oct. 7, 1980, 94 Stat. 1554.)
-MISC1-
EFFECTIVE DATE
Section effective Oct. 7, 1980, see section 12 of Pub. L. 96-389,
set out as a note under section 286s of this title.
-End-
-CITE-
22 USC Sec. 286x 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286x. Assistance to private sector of El Salvador, Nicaragua,
and other nations
-STATUTE-
It is the sense of the Congress that in providing assistance
through loans or other means to any nation, in particular El
Salvador and Nicaragua, the Fund and the Bank should encourage
programs which assist the private sector to create an environment
which will stabilize the economy of the nation; and that the United
States representatives to the Fund and the Bank shall promote the
use of assistance by the Fund and the Bank to encourage such
programs.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 38, as added Pub. L. 96-389, Sec. 8,
Oct. 7, 1980, 94 Stat. 1554.)
-MISC1-
EFFECTIVE DATE
Section effective Oct. 7, 1980, see section 12 of Pub. L. 96-389,
set out as a note under section 286s of this title.
-End-
-CITE-
22 USC Sec. 286y 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286y. Promoting conditions for exchange rate stability
-STATUTE-
(a) In order to help assure that the resources provided under
section 286e-1i of this title are used to support pro-growth
policies which will help establish the economic conditions
necessary for more appropriate financial and exchange rate
alignment and stability, it is the sense of Congress that the
Secretary of the Treasury shall -
(1) in consultation with the Secretary of State and the United
States Trade Representative, initiate discussions with other
countries regarding the economic dislocations which result from
structural exchange rate imbalances; and
(2) instruct the United States Executive Director of the Fund
to work for adoption of policies in the Fund, both within the
framework of article IV (of the Articles of Agreement of the
Fund) consultations and with respect to the conditions associated
with Fund-supported balance of payments adjustments programs,
which promote conditions contributing to the stability of
exchange rates and avoid the manipulation of exchange rates
between major currencies. Among other initiatives, the Secretary
of the Treasury shall propose strengthening the article IV
consultation procedures of the Fund to attempt to ensure that
countries which are artificially maintaining undervalued or
overvalued rates of exchange agree to adopt market determined
exchange rates.
(b) In determining his vote on extensions of assistance to any
Fund borrower, the United States Executive Director of the Fund
shall take into account whether such borrower's policies are
consistent with the requirements of article IV of the Articles of
Agreement of the Fund.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 40, as added Pub. L. 98-181, title
VIII, Sec. 801, Nov. 30, 1983, 97 Stat. 1267.)
-End-
-CITE-
22 USC Sec. 286z 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286z. Collection and exchange of information on monetary and
financial problems
-STATUTE-
(a) Sense of Congress
It is the sense of the Congress that -
(1) the lack of sufficient information currently available to
allow members of the Fund to make sound and prudent decisions
concerning their public and private sector international
borrowing, and to allow lenders to make sound and prudent
decisions concerning their international lending, threatens the
stability of the international monetary system; and
(2) in recognition of the Fund's duties, as provided
particularly by article VIII of the Articles of Agreement of the
Fund, to act as a center for the collection and exchange of
information on monetary and financial problems, the Fund should
adopt necessary and appropriate measures to ensure that more
complete and timely financial information will be available.
(b) Initiation by United States Executive Director of discussions
with other Directors; adoption of procedures
To this end, the Secretary of the Treasury shall instruct the
United States Executive Director of the Fund to initiate
discussions with other directors of the Fund and with Fund
management, and to propose and vote for, the adoption of
procedures, within the Fund -
(1) to collect and disseminate information, on a quarterly
basis, from and to Fund members, and to such other persons as the
Fund deems appropriate, concerning -
(A) the extension of credit by banks or nonbanks to private
and public entities, including all government entities,
instrumentalities, and central banks of member countries; and
(B) the receipt of such credit by those private and public
entities of member countries, where such banks or nonbanks are
not principally established within the borders of the member
country to which the credits are extended; and
(2) to disseminate publicly information which is developed in
the course of the Fund's collection, and to review and comment on
efforts which the Fund determines would serve to enhance the
informational base upon which international borrowing and lending
decisions are taken.
(c) "Credit" defined
For purposes of this section, the term "credit" includes -
(1) outstanding loans to private and public entities, including
government entities, instrumentalities, and central banks of any
member, and
(2) unused lines of credit which have been made available to
those private and public entities of any member,
where such loans or lines of credit are repayable in freely
convertible currency.
(d) Providing necessary information
The President is authorized to use the authority provided under
section 286f of this title to require any person (as defined in
such section) subject to the jurisdiction of the United States to
provide such information as the Fund determines to be necessary in
order to carry out the provisions of this section.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 42, as added Pub. L. 98-181, title
VIII, Sec. 802(a)(4), Nov. 30, 1983, 97 Stat. 1269.)
-End-
-CITE-
22 USC Sec. 286aa 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286aa. Instructions to United States Executive Director;
Communist dictatorships
-STATUTE-
The Congress hereby finds that Communist dictatorships result in
severe constraints on labor and capital mobility and other highly
inefficient labor and capital supply rigidities which contribute to
balance of payments deficits in direct contradiction of the goals
of the International Monetary Fund. Therefore, the Secretary of the
Treasury shall instruct the United States Executive Director of the
Fund to actively oppose any facility involving use of Fund credit
by any Communist dictatorship, unless the Secretary of the Treasury
certifies and documents in writing upon request and so notifies and
appears, if requested, before the Foreign Relations and Banking,
Housing, and Urban Affairs Committees of the Senate and the
Banking, Finance and Urban Affairs Committee of the House of
Representatives, at least twenty-one days in advance of any vote on
such drawing that such drawing -
(1) provides the basis for correcting the balance of payments
difficulties and restoring a sustainable balance of payments
position;
(2) would reduce the severe constraints on labor and capital
mobility or other highly inefficient labor and capital supply
rigidities and advances market-oriented forces in that country;
and
(3) is in the best economic interest of the majority of the
people in that country.
Should the Secretary not meet a request to appear before the
aforementioned committees at least twenty-one days in advance of
any vote on any facility involving use of Fund credit by any
communist dictatorship and certify and document in writing that
these three conditions have been met, the United States Executive
Director shall vote against such program.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 43, as added Pub. L. 98-181, title
VIII, Sec. 804, Nov. 30, 1983, 97 Stat. 1270; amended Pub. L.
103-149, Sec. 4(b)(6), Nov. 23, 1993, 107 Stat. 1505.)
-MISC1-
AMENDMENTS
1993 - Pub. L. 103-149 struck out "(a)" before "The Congress" and
struck out subsec. (b) which related to use of International
Monetary Fund credit by any country which practices apartheid.
-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.
-End-
-CITE-
22 USC Sec. 286bb 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286bb. Elimination of predatory agricultural export subsidies
-STATUTE-
The Secretary of the Treasury shall instruct the United States
Executive Director of the Fund to propose and work for the adoption
of a policy encouraging Fund members to eliminate all predatory
agricultural export subsidies which might result in the reduction
of other member countries' exports.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 44, as added Pub. L. 98-181, title
VIII, Sec. 805, Nov. 30, 1983, 97 Stat. 1271.)
-End-
-CITE-
22 USC Sec. 286cc 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286cc. Sustaining economic growth
-STATUTE-
(a) Economic adjustment programs
(1) The President shall instruct the Secretary of the Treasury,
the Secretary of State, and other appropriate Federal officials,
and shall request the Chairman of the Board of Governors of the
Federal Reserve System, to use all appropriate means to encourage
countries to formulate economic adjustment programs to deal with
their balance of payment difficulties and external debt owed to
private banks.
(2) Such economic adjustment programs should be designed to
safeguard, to the maximum extent feasible, international economic
growth, world trade, employment, and the long-term solvency of
banks, and to minimize the likelihood of civil disturbances in
countries needing economic adjustment programs.
(b) Changes in Fund guidelines; limitations on debt service
exceptions
To ensure the effectiveness of economic adjustment programs
supported by Fund resources -
(1) the United States Executive Director of the Fund shall
recommend and shall work for changes in Fund guidelines,
policies, and decisions which would -
(A) convert short-term bank debt which was made at high
interest rates into long-term debt at lower rates of interest;
(B) assure that the annual external debt service, which shall
include principal, interest, points, fees, and other charges
required of the country involved, is a manageable and prudent
percentage of the projected annual export earnings of such
country; and
(C) provide that in approving any economic adjustment program
the Fund shall take into account the number of countries
applying to the Fund for economic adjustment programs and the
aggregate effects that such programs will have on international
economic growth, world trade, exports and employment of other
member countries, and the long-term solvency of banks; and
(2) except as provided in subsection (c) of this section, the
United States Executive Director of the Fund shall oppose and
vote against providing assistance from the Fund for any economic
adjustment program for a country in which the annual external
debt service exceeds 85 per centum of the annual export earnings
of such country, unless the Secretary of the Treasury first
determines and provides written documentation to the Committee on
Banking, Housing, and Urban Affairs and the Committee on Foreign
Relations of the Senate and the Committee on Banking, Finance and
Urban Affairs of the House of Representatives that -
(A) the economic adjustment program converts high interest
rate, short-term bank debt into long-term debt at significantly
narrower interest rate spreads than the average interest rate
spreads prevailing on bank debt reschedulings negotiated
between August 1982 and August 1983 for countries receiving
assistance from the Fund for economic adjustment programs in
order to minimize the burdens of adjustment on the debtor
nation, provided that such interest rate spreads are consistent
with that nation's need to obtain adequate external private
financing;
(B) the annual external debt service required of the country
involved is a manageable and prudent percentage of the
projected annual export earnings of such country; and
(C) the economic adjustment program will not have an adverse
impact on international economic growth, world trade, exports,
and employment of other member countries, and the long-term
solvency of banks.
(c) Emergencies and extraordinary circumstances
The provisions of subsection (b)(2) of this section shall not
apply in any case in which the Secretary of the Treasury first
determines and provides written documentation to the Committee on
Banking, Housing, and Urban Affairs and the Committee on Foreign
Relations of the Senate and the Committee on Banking, Finance and
Urban Affairs of the House of Representatives that -
(1) an emergency exists in a nation that has applied to the
Fund for assistance that requires an immediate short-term loan to
avoid disrupting orderly financial markets;
(2) a sudden decrease in export earnings in the country
applying to the Fund for assistance has increased the ratio of
annual external debt service to annual export earnings, to
greater than 85 per centum for a period projected to be no more
than one year; or
(3) other extraordinary circumstances exist which warrant
waiving the provisions of subsection (b)(2) of this section.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 45, as added Pub. L. 98-181, title
VIII, Sec. 806, Nov. 30, 1983, 97 Stat. 1272.)
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 262r of this title.
-End-
-CITE-
22 USC Sec. 286dd 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286dd. Fund bailouts of banks; rescheduling of debt
-STATUTE-
The Secretary of the Treasury shall instruct the United States
Executive Director of the Fund -
(1) to oppose and vote against any Fund drawing by a member
country where, in his judgment, the Fund resources would be drawn
principally for the purpose of repaying loans which have been
imprudently made by banking institutions to the member country;
and
(2) to work to insure that the Fund encourages borrowing
countries and banking institutions to negotiate, where
appropriate, a rescheduling of debt which is consistent with safe
and sound banking practices and the country's ability to pay.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 46, as added Pub. L. 98-181, title
VIII, Sec. 807, Nov. 30, 1983, 97 Stat. 1273.)
-End-
-CITE-
22 USC Sec. 286ee 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286ee. International cooperation
-STATUTE-
The Secretary of the Treasury shall instruct the United States
Executive Director of the Fund to propose that the Fund adopt the
following policies with respect to international lending:
(1) In its consultations with a member government on its
economic policies pursuant to article IV of the Articles of
Agreement of the Fund, the Fund should -
(A) intensify its examination of the trend and volume of
external indebtedness of private and public borrowers in the
member country and comment, as appropriate, in its report to
the Executive Board from the viewpoint of the contribution of
such borrowings to the economic stability of the borrower; and
(B) consider to what extent and in what form these comments
might be made available to the international banking community
and the public.
(2) As part of any Fund-approved stabilization program, the
Fund should give consideration to placing limits on public sector
external short- and long-term borrowing.
(3) As a part of its annual report, and at such times as it may
consider desirable, the Fund should publish its evaluation of the
trend and volume of international lending as it affects the
economic situation of lenders, borrowers, and the smooth
functioning of the international monetary system.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 47, as added Pub. L. 98-181, title
VIII, Sec. 809, Nov. 30, 1983, 97 Stat. 1274.)
-End-
-CITE-
22 USC Sec. 286ff 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286ff. Fund interest rates
-STATUTE-
The Secretary of the Treasury shall instruct the United States
Executive Director of the Fund to propose and work for the adoption
of Fund policies regarding the rate of remuneration paid on use of
member's quota subscriptions and the rate of charges on Fund
drawings to bring those rates in line with market rates.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 48, as added Pub. L. 98-181, title
VIII, Sec. 810, Nov. 30, 1983, 97 Stat. 1274.)
-End-
-CITE-
22 USC Sec. 286gg 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286gg. Elimination of trade restrictions
-STATUTE-
(a) Promotion of fair trade as financial assistance policy
(1) The Secretary of the Treasury shall instruct the United
States Executive Director of each of the multilateral development
banks (in this section referred to as the "banks") and of the Fund
to initiate a wide consultation with the Managing Director of each
of the banks and of the Fund and the other directors of the banks
and of the Fund with regard to the development of financial
assistance policies which, to the maximum feasible extent -
(A) reduce obstacles to and restrictions upon international
trade and investment in goods and services;
(B) eliminate unfair trade and investment practices; and
(C) promote mutually advantageous economic relations.
(2) The Secretary of the Treasury shall work closely in this
effort with the Trade Policy Committee.
(3) As part of this effort, the Secretary of the Treasury shall
also instruct the United States Executive Director of each of the
banks and of the Fund to encourage close cooperation between their
staff and the Secretariat of the World Trade Organization (as the
term "World Trade Organization" is defined in section 3501(8) of
title 19).
(b) Agreement to eliminate unfair trade practices as condition of
financial assistance
(1) The Secretary of the Treasury shall instruct the United
States Executive Director of each of the banks and of the Fund,
prior to the extension to any country of financial assistance by
the banks and by the Fund, to work to have the banks and the Fund
obtain the agreement of such country to eliminate, in a manner
consistent with its balance of payments adjustment program, unfair
trade and investment practices with respect to goods and services
which the United States Trade Representative, after consultation
with the Trade Policy Committee, has determined to have a
significant deleterious effect on the international trading system.
(2) Such practices include -
(A) the provision of predatory export subsidies, employed in
connection with the exporting of agricultural commodities and
products thereof to foreign countries;
(B) the provision of other export subsidies, such as government
subsidized below-market interest rate financing for commodities
or manufactured goods;
(C) unreasonable import restrictions;
(D) the imposition of trade-related performance requirements on
foreign investment; and
(E) practices which are inconsistent with international
agreements.
(c) United States position on requests for loans or drawing under
bank and Fund programs; progress made in eliminating unfair trade
practices
(1) In determining the United States position on requests for
loans or periodic drawing under bank and Fund programs, the
Secretary of the Treasury shall take full account of the progress
countries have made in achieving targets for eliminating or phasing
out the practices referred to in subsection (b) of this section.
(2) In the event that the United States supports a request for
loans or drawing by a country that has not achieved the bank and
Fund targets relating to such practices specified in its program,
the Secretary of the Treasury shall report to the appropriate
committees of the Congress the reasons for the United States
position.
(d) "Multilateral development banks" defined
For purposes of this section, the term "multilateral development
banks" means the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the African
Development Bank, and the Asian Development Bank.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 49, as added Pub. L. 98-181, title
VIII, Sec. 812, Nov. 30, 1983, 97 Stat. 1275; amended Pub. L.
99-500, Sec. 101(f) [title V, Sec. 555], Oct. 18, 1986, 100 Stat.
1783-213, 1783-240, and Pub. L. 99-591, Sec. 101(f) [title V, Sec.
555], Oct. 30, 1986, 100 Stat. 3341-214, 3341-240; Pub. L. 106-36,
title I, Sec. 1002(c), June 25, 1999, 113 Stat. 133.)
-COD-
CODIFICATION
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
-MISC1-
AMENDMENTS
1999 - Subsec. (a)(3). Pub. L. 106-36 substituted "Secretariat of
the World Trade Organization (as the term 'World Trade
Organization' is defined in section 3501(8) of title 19)" for "GATT
Secretariat".
1986 - Subsec. (a)(1). Pub. L. 99-500 and Pub. L. 99-591, Sec.
101(f) [title V, Sec. 555(b)], inserted "each of the multilateral
development banks (in this section referred to as the 'banks') and
of", "each of the banks and of", and "banks and of the", and
substituted "development of financial" for "development of Fund
financial".
Subsec. (a)(3). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(f)
[title V, Sec. 555(c)], inserted "each of the banks and of" and
substituted "their staff" for "Fund staff".
Subsec. (b)(1). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(f)
[title V, Sec. 555(d)], inserted "each of the banks and of", "the
banks and by", and "the banks and".
Subsec. (c). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(f)
[title V, Sec. 555(e), (f)], inserted "bank and" and "loans or" in
pars. (1) and (2).
Subsec. (d). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(f)
[title V, Sec. 555(a)], added subsec. (d).
-End-
-CITE-
22 USC Sec. 286hh 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286hh. Policy based lending for debt reduction
-STATUTE-
(a) Criteria
The Secretary of the Treasury shall instruct the United States
Executive Director of the International Bank for Reconstruction and
Development to initiate discussions with other directors of such
bank and to advocate and support the facilitation of voluntary
market-based programs for the reduction of sovereign debt and the
promotion of sustainable economic development, which, if
implemented, would -
(1) not require any organization or government to participate
in such a program;
(2) result in debt reduction for each participating country
tailored to the particular situation of each country;
(3) provide assistance to participating countries conditioned
on the implementation of economic reforms, and the preservation
of economic reforms previously implemented, by the country that
are consistent with the principles of sustainable development;
(4) encourage participating countries to make economic
adjustments steadily and over a period of time in order to
achieve policy reform;
(5) use debt reduction techniques that would not compensate
commercial banks for the reduction in the value of such debt, but
would serve as a catalyst for new lending;
(6) involve such bank in lending for purposes of debt reduction
and conversion only where such involvement would not lower the
credit rating of such bank;
(7) not require public sector funding beyond that provided
through any capital increase for such bank, and any replenishment
for the International Development Association, which is agreed to
by the member countries of such institutions; and
(8) accomplish debt reduction, not as an end, but as a means to
greater growth and investment in, and the restoration of
voluntary private lending to, participating countries for
environmentally and economically sustainable development.
(b) Policy based lending for debt reduction and sustainable growth
The Secretary of the Treasury shall instruct the United States
Executive Director of the International Bank for Reconstruction and
Development to initiate discussions with other directors of such
bank and to propose that policy based loans be made by such bank
for, among other reasons, facilitating a reduction in the debt
service burden of any country which is participating in a voluntary
market-based program for debt reduction described in subsection (c)
of this section.
(c) Voluntary market-based program for debt reduction and
sustainable growth
In connection with the discussions initiated pursuant to
subsection (b) of this section, the Secretary shall instruct the
United States Executive Director of the International Bank for
Reconstruction and Development to propose that a country be
considered to be participating in a voluntary market-based program
of debt reduction for purposes of subsection (b) of this section if
the creditors of such country agree to significantly reduce the
debt service of such country through forgiveness of a percentage of
the interest owed by such country on any sovereign debt or through
any other means.
(d) Reports
Not later than March 1, 1989, March 1, 1991, and March 1, 1993,
respectively, the Secretary of the Treasury shall submit to the
Committee on Banking, Finance and Urban Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate 3 reports each of which -
(1) describes the long term strategy and lending programs of
the International Bank for Reconstruction and Development for
reducing and managing the debt burden of the countries designated
as "Highly Indebted Countries" in the 1987-1988 World Debt Tables
published by such bank, and summarize the long term strategy and
lending programs of such bank for other seriously indebted
countries;
(2) contains an explanation of the measures taken by such bank
to facilitate the reduction of the debt burden of the countries
designated as "Highly Indebted Countries" in the 1987-1988 World
Debt tables (!1) published by such bank;
(3) describes the extent (if any) to which such bank has
implemented the measures described in subsections (b) and (c) of
this section; and
(4) describes the success each of such countries has had in
managing and reducing their debt burdens and achieving
sustainable and equitable economic growth as measured by criteria
including the ratio of debt service to exports, the ratio of debt
to gross national product, net resource flows, and per capita
income.
(e) Review by House Banking Committee
On receipt of each report required to be submitted pursuant to
subsection (d) of this section, and after consultation with the
Secretary of the Treasury, the Committee on Banking, Finance and
Urban Affairs of the House of Representatives shall forward such
report to the Committee on Appropriations of the House of
Representatives with an assessment by the Committee on Banking,
Finance and Urban Affairs describing the effect on the
international debt situation of funding the subscription of the
United States to the shares of capital stock of the International
Bank for Reconstruction and Development due for payment by the
United States in the then next fiscal year.
-SOURCE-
(Pub. L. 100-461, title V, Sec. 555, Oct. 1, 1988, 102 Stat.
2268-36.)
-COD-
CODIFICATION
Section is based on section 3 of H.R. 4645, One Hundredth
Congress, as reported Sept. 28, 1988, and enacted into law by Pub.
L. 100-461.
Section was not enacted as part of act July 31, 1945, ch. 339, 59
Stat. 512, known as the Bretton Woods Agreements Act, which
comprises this subchapter.
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 286ii of this title.
-FOOTNOTE-
(!1) So in original. Probably should be capitalized.
-End-
-CITE-
22 USC Sec. 286ii 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286ii. Limitations on Bank policy based lending; actions
required to be taken to oppose excessive policy based lending by
Bank
-STATUTE-
The Secretary of the Treasury shall -
(1) take all necessary steps to encourage the International
Bank for Reconstruction and Development to limit -
(A) the aggregate value of the policy based loans made by
such bank (other than for the purpose described in section
286hh(b) of this title) in any fiscal year of such bank
beginning after June 30, 1989, to 25 percent of the aggregate
value of all loans made by such bank in such fiscal year; and
(B) the aggregate value of the policy based loans made by
such bank to the government of a particular country (other than
for the purpose described in section 286hh(b) of this title) in
any fiscal year of such bank beginning after June 30, 1989, and
occurring during any period of 3 consecutive fiscal years of
such bank (determined after disregarding any such fiscal year
in which such bank did not make a policy based loan to such
government), to 50 percent of the aggregate value of all loans
made by such bank to such government during such 3-year period;
(2) instruct the United States Executive Director of such bank
to propose and actively seek the adoption by the board of
Executive Directors of such bank of a resolution establishing as
official bank operating policy for fiscal years 1990 through 1995
of such bank the limits specified in paragraph (1); and
(3) until the resolution described in paragraph (2) is adopted,
undertake, in consultation with the Secretary of State,
discussions with other member country governments to secure the
consent and cooperation of such governments with respect to the
adoption of the limits specified in paragraph (1).
-SOURCE-
(Pub. L. 100-461, title V, Sec. 555, Oct. 1, 1988, 102 Stat.
2268-36.)
-COD-
CODIFICATION
Section is based on section 4 of H.R. 4645, One Hundredth
Congress, as reported Sept. 28, 1988, and enacted into law by Pub.
L. 100-461.
Section was not enacted as part of act July 31, 1945, ch. 339, 59
Stat. 512, known as the Bretton Woods Agreements Act, which
comprises this subchapter.
-End-
-CITE-
22 USC Sec. 286jj 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286jj. Partial guarantees in connection with debt reduction
for borrower countries
-STATUTE-
The Secretary of the Treasury shall instruct the United States
Executive Director of the International Bank for Reconstruction and
Development to initiate discussions with other directors of such
bank and to propose that such bank establish criteria under which
such bank would provide partial guarantees on debt service payments
by borrower countries to private creditors when such guarantees
would serve a catalytic role in facilitating final agreement on
financing packages which involve significant debt reduction.
-SOURCE-
(Pub. L. 100-461, title V, Sec. 555, Oct. 1, 1988, 102 Stat.
2268-36.)
-COD-
CODIFICATION
Section is based on section 5 of H.R. 4645, One Hundredth
Congress, as reported Sept. 28, 1988, and enacted into law by Pub.
L. 100-461.
Section was not enacted as part of act July 31, 1945, ch. 339, 59
Stat. 512, known as the Bretton Woods Agreements Act, which
comprises this subchapter.
-End-
-CITE-
22 USC Sec. 286kk 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286kk. Discussions to enhance capacity of Fund to alleviate
potentially adverse impacts of Fund programs on poor and
environment
-STATUTE-
The Secretary of the Treasury shall instruct the United States
Executive Director of the Fund to seek policy changes by the Fund,
through formal initiatives and through bilateral discussions, which
will result in -
(1) the initiation of a systematic review of policy
prescriptions implemented by the Fund, for the purpose of
determining whether the Fund's objectives were met and the social
and environmental impacts of such policy prescriptions; and
(2) the establishment of procedures which ensure the inclusion,
in future economic reform programs approved by the Fund, of
policy options which eliminate or reduce the potential adverse
impact on the well-being of the poor or the environment resulting
from such programs.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 55, as added Pub. L. 101-240, title
III, Sec. 302, Dec. 19, 1989, 103 Stat. 2500.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 262r of this title.
-End-
-CITE-
22 USC Sec. 286ll 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286g742ll. Fund policy changes
-STATUTE-
(a) Policy changes within IMF
The Secretary of the Treasury shall instruct the United States
Executive Director of the Fund to promote regularly and vigorously
in program discussions and quota increase negotiations the
following proposals:
(1) Poverty alleviation, reduction of barriers to economic and
social progress, and progress toward environmentally sound
policies and programs
(A)(i) Considerations of poverty alleviation and the reduction
of barriers to economic and social progress should be
incorporated into all Fund programs and all consultations under
article IV of the Articles of Agreement of the Fund.
(ii) Preparation of Policy Framework Papers should be extended
to all nations which have Fund programs and active Bank or
International Development Association lending programs, and
existence of a Policy Framework Paper should be a precondition
for new lending to such nations by the Fund.
(iii) All Policy Framework Papers should articulate the
principal poverty, economic, and social measures that the
borrowing nation needs to address, and this portion of the Policy
Framework Paper (or a summary thereof that includes specific
measures and timing) should be made available when the Policy
Framework Paper is submitted to the Executive Directors of the
Bank and of the Fund for consideration.
(iv) In considering whether to allocate resources of the Fund
to a borrower, the Fund should take into consideration the nature
of the program and commitment of the borrower to address the
issues referred to in clause (iii).
(v) The Fund should establish procedures to enable the Fund to
cooperate with the Bank in evaluating the effectiveness of the
measures referred to in clause (iii), at the levels of policy,
project design, monitoring, and reporting, in the international
financial institutions and in the borrowing nations.
(B)(i) The Fund should be encouraged to make further progress
toward environmentally sound policies and programs.
(ii) The Fund should incorporate environmental considerations
into all Fund programs, including consultations under article IV
of the Articles of Agreement of the Fund.
(iii) The Fund should be encouraged to support the efforts of
nations to implement systems of natural resource accounting in
their national income accounts.
(iv) The Fund should be encouraged to assist and cooperate
fully with the statistical research being undertaken by the
Organization for Economic Cooperation and Development and by the
United Nations in order to facilitate development and adoption of
a generally applicable system for taking account of the depletion
or degradation of natural resources in national income accounts.
(v) The Fund should be encouraged to consider and implement, as
appropriate, revisions in its national income reporting systems
consistent with such new systems as are of general applicability.
(2) Policy audits
(A) The Fund should conduct periodic audits to review
systematically the policy prescriptions recommended and required
by the Fund in the areas of poverty and the environment.
(B) The purposes of such audits would be -
(i) to determine whether the Fund's objectives were met; and
(ii) to evaluate the social and environmental impacts of the
implementation of the policy prescriptions.
(C) Such audits would have access to all ongoing programs and
activities of the Fund and the ability to review the effects of
Fund-supported programs, on a country-by-country basis, with
respect to poverty, economic development, and environment.
(D) Such audits should be made public as appropriate with due
respect to confidentiality.
(3) Ensuring policy options that increase the productive
participation of the poor
The Fund should establish procedures that ensure the focus of
future economic reform programs approved by the Fund on policy
options that increase the productive participation of the poor in
the economy.
(4) Public access to information
(A) The Fund should establish procedures for public access to
information.
(B) Such procedures shall seek to ensure access of the public
to information while paying due regard to appropriate
confidentiality.
(C) Policy Framework Papers and the supporting documents
prepared by the Fund's mission to a country are examples of
documents that should be made public at an appropriate time and
in appropriate ways.
(b) Progress report
Each annual report of the National Advisory Council on
International Monetary and Financial Policies shall describe the
following:
(1) The actions that the United States Executive Director and
other officials have taken to convince the Fund to adopt the
proposals set forth in subsection (a) of this section through
formal initiatives before the Board and management of the Fund,
through bilateral discussions with other member nations, and
through any further quota increase negotiations.
(2) The status of the progress being made by the Fund in
implementing the proposals set forth in subsection (a) of this
section.
(c) Study
The Secretary of the Treasury shall instruct the United States
Executive Director to the Fund to urge the Fund -
(1) to explore ways to increase the involvement and
participation of important ministries, national development
experts, environmental experts, free-market experts, and other
legitimate experts and representatives from the loan-recipient
country in the development of Fund programs; and
(2) to report on the status of Fund efforts in this regard.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 59, as added Pub. L. 102-511, title
X, Sec. 1002, Oct. 24, 1992, 106 Stat. 3357.)
-End-
-CITE-
22 USC Sec. 286mm 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286mm. Measures to reduce military spending by developing
nations
-STATUTE-
(a) Development by Fund of means to measure military spending
(1) Position of the United States
The United States Executive Director of the Fund shall use the
voice and vote of the United States to urge the Fund, in
consultation with the Bank, to continue to develop an economic
methodology to measure the level of military spending by each
developing country.
(2) Progress report to the Congress
No later than 1 year after October 24, 1992, the Secretary of
the Treasury shall submit to the Committee on Banking, Finance
and Urban Affairs of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Foreign Relations of the Senate a report on the
status of the development by the Fund of a workable economic
methodology to measure military spending by developing countries.
(b) Annual reports by Fund on levels of military spending
The United States Executive Director of the Fund shall use the
voice and vote of the United States to urge the Fund, beginning
with 1994, to provide the Executive Board of the Fund with annual
reports stating the estimate by the Fund of the level of military
spending by each developing country in the immediately preceding
calendar year (or, with respect to developing countries whose
fiscal years are not calendar years, in the most recently completed
fiscal year of the developing country), not later than the date of
the annual fall Interim and Development Committee meetings.
(c) Analysis and assessment of military spending to be included in
article IV consultations by Fund
The United States Executive Director of the Fund shall use the
voice and vote of the United States to urge the Fund, beginning no
later than the date of the first report provided as described in
subsection (b) of this section, to include in every article IV
consultation with a developing country an analysis of the level of
military spending by the developing country in the immediately
preceding calendar year (or, with respect to developing countries
whose fiscal years are not calendar years, in the most recently
completed fiscal year of the developing country).
-SOURCE-
(July 31, 1945, ch. 339, Sec. 60, as added Pub. L. 102-511, title
X, Sec. 1003, Oct. 24, 1992, 106 Stat. 3359.)
-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.
-End-
-CITE-
22 USC Sec. 286nn 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286nn. Approval of contributions for debt reductions for the
poorest countries
-STATUTE-
For the purpose of mobilizing the resources of the Fund in order
to help reduce poverty and improve the lives of residents of poor
countries and, in particular, to allow those poor countries with
unsustainable debt burdens to receive deeper, broader, and faster
debt relief, without allowing gold to reach the open market or
otherwise adversely affecting the market price of gold, the
Secretary of the Treasury is authorized to instruct the United
States Executive Director of the Fund to vote -
(1) to approve an arrangement whereby the Fund -
(A) sells a quantity of its gold at prevailing market prices
to a member or members in nonpublic transactions sufficient to
generate 2.226 billion Special Drawing Rights in profits on
such sales;
(B) immediately after, and in conjunction with each such
sale, accepts payment by such member or members of such gold to
satisfy existing repurchase obligations of such member or
members so that the Fund retains ownership of the gold at the
conclusion of such payment; and
(C) uses the earnings on the investment of the profits of
such sales through a separate subaccount, only for the purpose
of providing debt relief from the Fund under the modified
Heavily Indebted Poor Countries (HIPC) Initiative (as defined
in section 262p-6 of this title); and
(2) to support a decision that shall terminate the Special
Contingency Account 2 (SCA-2) of the Fund so that the funds in
the SCA-2 shall be made available to the poorest countries. Any
funds attributable to the United States participation in SCA-2
shall be used only for debt relief from the Fund under the
modified HIPC Initiative.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 62, as added Pub. L. 106-113, div. B,
Sec. 1000(a)(5) [title V, Sec. 503(a)], Nov. 29, 1999, 113 Stat.
1536, 1501A-316; amended Pub. L. 106-429, Sec. 101(a) [title VIII,
Sec. 801(a)], Nov. 6, 2000, 114 Stat. 1900, 1900A-64.)
-MISC1-
AMENDMENTS
2000 - Par. (1)(B), (D). Pub. L. 106-429 inserted "and" at end of
subpar. (B) and struck out subpar. (D) which read as follows:
"shall not use more than 9/14 of the earnings on the investment
of the profits of such sales; and".
CERTIFICATION TO CONGRESS RELATING TO USE OF PROFITS TO AUGMENT
INTERNATIONAL MONETARY FUND
Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title V, Sec. 503(b)],
Nov. 29, 1999, 113 Stat. 1536, 1501A-316, provided that: "Within 15
days after the United States Executive Director casts the votes
necessary to carry out the instruction described in section 62 of
the Bretton Woods Agreements Act [22 U.S.C. 286nn], the Secretary
of the Treasury shall certify to the Congress that neither the
profits nor the earnings on the investment of profits from the gold
sales made pursuant to the instruction or of the funds attributable
to United States participation in SCA-2 will be used to augment the
resources of any reserve account of the International Monetary Fund
for the purpose of making loans."
-End-
-CITE-
22 USC Sec. 286oo 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XV - INTERNATIONAL MONETARY FUND AND BANK FOR
RECONSTRUCTION AND DEVELOPMENT
-HEAD-
Sec. 286g742oo. Principles for International Monetary Fund lending
-STATUTE-
It is the policy of the United States to work to implement
reforms in the International Monetary Fund (IMF) to achieve the
following goals:
(1) Short-term balance of payments financing
Lending from the general resources of the Fund should
concentrate chiefly on short-term balance of payments financing.
(2) Limitations on medium-term financing
Use of medium-term lending from the general resources of the
Fund should be limited to a set of well-defined circumstances,
such as -
(A) when a member's balance of payments problems will be
protracted;
(B) such member has a strong structural reform program in
place; and
(C) the member has little or no access to private sources of
capital.
(3) Premium pricing
Premium pricing should be introduced for lending from the
general resources of the Fund, for greater than 200 percent of a
member's quota in the Fund, to discourage excessive use of Fund
lending and to encourage members to rely on private financing to
the maximum extent possible.
(4) Redressing misreporting of information
The Fund should have in place and apply systematically a strong
framework of safeguards and measures to respond to, correct, and
discourage cases of misreporting of information in the context of
a Fund program, including -
(A) suspending Fund disbursements and ensuring that Fund
lending is not resumed to members that engage in serious
misreporting of material information until such time as
remedial actions and sanctions, as appropriate, have been
applied;
(B) ensuring that members make early repayments, where
appropriate, of Fund resources disbursed on the basis of
misreported information;
(C) making public cases of serious misreporting of material
information;
(D) requiring all members receiving new disbursements from
the Fund to undertake annually independent audits of central
bank financial statements and publish the resulting audits; and
(E) requiring all members seeking new loans from the Fund to
provide to the Fund detailed information regarding their
internal control procedures, financial reporting and audit
mechanisms and, in cases where there are questions about the
adequacy of these systems, undertaking an on-site review and
identifying needed remedies.
-SOURCE-
(July 31, 1945, ch. 339, Sec. 63, as added Pub. L. 106-429, Sec.
101(a) [title VIII, Sec. 805], Nov. 6, 2000, 114 Stat. 1900,
1900A-67.)
-COD-
CODIFICATION
Section 101(a) [title VIII, Sec. 805] of Pub. L. 106-429, which
directed amendment of the Bretton Woods Agreement Act by adding
this section, was executed by amending the Bretton Woods Agreements
Act by adding this section, to reflect the probable intent of
Congress.
-End-
-CITE-
22 USC SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION
-HEAD-
SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 289b of this title.
-End-
-CITE-
22 USC Sec. 287 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7 - INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XVI - UNITED NATIONS ORGANIZATION
-HEAD-
Sec. 287. Representation in Organization
-STATUTE-
(a) Appointment of representative; rank, status, and tenure; duties
The President, by and with the advice and consent of the Senate,
shall appoint a representative of the United States to the United
Nations who shall have the rank and status of Ambassador
Extraordinary and Plenipotentiary and shall hold office at the
pleasure of the President. Such representative shall represent the
United States in the Security Council of the United Nations and may
serve ex officio as representative of the United States in any
organ, commission, or other body of the United Nations other than
specialized agencies of the United Nations, and shall perform such
other functions in connection with the participation of the United
States in the United Nations as the President may, from time to
time, direct.
(b) Appointment of additional representatives; rank, status, and
tenure; duties; reappointment unnecessary
The President, by and with the advice and consent of the Senate,
shall appoint additional persons with appropriate titles, rank, and
status to represent the United States in the principal organs of
the United Nations and in such organs, commissions, or other bodies
as may be created by the United Nations with respect to nuclear
energy or disarmament (control and limitation of armament). Such
persons shall serve at the pleasure of the President and subject to
the direction of the Representative of the United States to the
United Nations. They shall, at the direction of the Representative
of the United States to the United Nations, represent the United
States in any organ, commission, or other body of the United
Nations, including the Security Council, the Economic and Social
Council, and the Trusteeship Council, and perform such other
functions as the Representative of the United States is authorized
to perform in connection with the participation of the United
States in the United Nations. Any Deputy Representative or any
other officer holding office at the time the provisions of this
Act, as amended, become effective shall not be required to be
reappointed by reason of the enactment of this Act, as amended.
(c) Appointment of special and alternate representatives; number;
senior representative; duties
The President, by and with the advice and consent of the Senate,
shall designate from time to time to attend a specified session or
specified sessions of the General Assembly of the United Nations
not to exceed five representatives of the United States and such
number of alternates as he may determine consistent with the rules
of procedure of the General Assembly. One of the representatives
shall be designated as the senior representative.
(d) Additional appointees; conditions governing certain
appointments; designation of certain State Department officers to
sit on Security Council
The President may also appoint from time to time such other
persons as he may deem necessary to represent the United States in
organs and agencies of the United Nations. The President may,
without the advice and consent of the Senate, designate any officer
of the United States to act without additional compensation as the
representative of the United States in either the Economic and
Social Council or the Trusteeship Council (1) at any specified
session thereof where the position is vacant or in the absence or
disability of the regular representative or (2) in connection with
a specified subject matter at any specified session of either such
Council in lieu of the regular representative. The President may
designate any officer of the Department of State, whose appointment
is subject to confirmation by the Senate, to act, without
additional compensation, for temporary periods as the
representative of the United States in the Security Council of the
United Nations in the absence or disability of the representatives
provided for under subsections (a) and (b) of this section or in
lieu of such representatives in connection with a specified subject
matter.
(e) Appointment of representative to European office of United
Nations; rank, status, and tenure; duties
The President, by and with the advice and consent of the Senate,
shall appoint a representative of the United States to the European
office of the United Nations, with appropriate rank and status who
shall serve at the pleasure of the President and subject to the
direction of the Secretary of State. Such person shall, at the
direction of the Secretary of State, represent the United States at
the European office of the United Nations, and perform such other
functions there in connection with the participation of the United
States in international organizations as the Secretary of State
may, from time to time, direct.
(f) Representation by President or Secretary of State
Nothing contained in this section shall preclude the President or
the Secretary of State, at the direction of the President, from
representing the United States at any meeting or session of any
organ or agency of the United Nations.
(g) Compensation
All persons appointed in pursuance of authority contained in this
section shall receive compensation at rates determined by the
President upon the basis of duties to be performed but not in
excess of rates authorized by sections 3961, 3962, and 3963 of this
title for chiefs of mission, members of the Senior Foreign Service,
and Foreign Service officers occupying positions of equivalent
importance, except that no member of the Senate or House of
Representatives or officer of the United States who is designated
under subsections (c) and (d) of this section as a representative
of the United States or as an alternate to attend any specified
session or specified sessions of the General Assembly shall be
entitled to receive such compensation.
(h) Appointment of representative to Vienna office of United
Nations; rank, status, and tenure; duties
The President, by and with the advice and consent of the Senate,
shall appoint a representative of the United States to the Vienna
office of the United Nations with appropriate rank and status, who
shall serve at the pleasure of the President and subject to the
direction of the Secretary of State. Such individual shall, at the
direction of the Secretary of State, represent the United States at
the Vienna office of the United Nations and perform such other
functions there in connection with the participation of the United
States in international organizations as the Secretary of State
from time to time may direct. The representative of the United
States to the Vienna office of the United Nations shall also serve
as representative of the United States to the International Atomic
Energy Agency.
-SOURCE-
(Dec. 20, 1945, ch. 583, Sec. 2, 59 Stat. 619; Oct. 10, 1949, ch.
660, Secs. 1, 2, 63 Stat. 734, 735; Pub. L. 89-206, Secs. 1, 2,
Sept. 28, 1965, 79 Stat. 841, 842; Pub. L. 96-465, title II, Sec.
2206(a)(2)(A), Oct. 17, 1980, 94 Stat. 2160; Pub. L. 97-241, title
I, Sec. 118, Aug. 24, 1982, 96 Stat. 279; Pub. L. 106-113, div. B,
Sec. 1000(a)(7) [div. A, title VII, Sec. 708(a)], Nov. 29, 1999,
113 Stat. 1536, 1501A-461.)
-REFTEXT-
REFERENCES IN TEXT
This Act, as amended, referred to in subsec. (b), is Pub. L.
89-206, Sept. 28, 1965, 79 Stat. 841, which amended this section.
For complete classification of this Act to the Code, see Tables.
-MISC1-
AMENDMENTS
1999 - Subsec. (h). Pub. L. 106-113 inserted at end "The
representative of the United States to the Vienna office of the
United Nations shall also serve as representative of the United
States to the International Atomic Energy Agency."
1982 - Subsec. (h). Pub. L. 97-241 added subsec. (h).
1980 - Subsec. (g). Pub. L. 96-465 substituted "sections 3961,
3962, and 3963 of this title for chiefs of mission, members of the
Senior Foreign Service," for "sections 866 and 867 of this title
for chiefs of mission".
1965 - Subsec. (a). Pub. L. 89-206, Sec. 1(a), struck out
provisions which related to the appointment, rank and status,
tenure and duties of a deputy representative of the United States
to the United Nations.
Subsec. (b). Pub. L. 89-206, Sec. 1(a), substituted provisions
that the President, by and with the advice and consent of the
Senate, shall appoint additional persons with appropriate titles,
rank, and status to represent the United States in the principal
organs of the United Nations and in such organs, commissions, or
other bodies as may be created by the United Nations with respect
to nuclear energy or disarmament, that they shall serve at the
pleasure of the President and subject to the direction of the
Representative of the United States to the United Nations, that
they shall, at the direction of the Representative of the United
States to the United Nations, represent the United States in any
organ, commission, or other body of the United Nations, including
the Security Council, the Economic and Social Council, and the
Trusteeship Council, and perform such other functions as the
Representative of the United States is authorized to perform in
connection with the participation of the United States in the
United Nations, and that any Deputy Representative or any other
officer holding office at the time the provisions of this Act, as
amended, become effective shall not be required to be reappointed
by reason of the enactment of this Act, as amended, for provisions
which authorized the President, by and with the advice and consent
of the Senate, to appoint an additional deputy representative of
the United States to the Security Council who shall hold office at
the pleasure of the President, and which required the deputy
representative to represent the United States in the Security
Council of the United Nations in the event of the absence or
disability of both the representative and the deputy representative
of the United States to the United Nations.
Subsec. (d). Pub. L. 89-206, Sec. 1(b), struck out provisions
which required the representative of the United States in the
Economic and Social Council and in the Trusteeship Council of the
United Nations to be appointed only by and with the advice and
consent of the Senate and which required the advice and consent of
the Senate for the appointment by the President of the
representative of the United States in any commission that may be
formed by the United Nations with respect to atomic energy or in
any other commission of the United Nations to which the United
States is entitled to appoint a representative.
Subsecs. (e) to (g). Pub. L. 89-206, Sec. 2, added subsec. (e)
and redesignated former subsecs. (e) and (f) as (f) and (g),
respectively.
1949 - Subsec. (a). Act Oct. 10, 1949, Sec. 1, created new post
of deputy representative, and allowed the principal and deputy
representatives to serve ex officio on any organ, commission, or
body, other than specialized agencies, of the United Nations.
Subsec. (b). Act Oct. 10, 1949, Sec. 1, amended subsec. (b)
generally, to provide for appointment of an additional deputy
representative.
Subsec. (c). Act Oct. 10, 1949, Sec. 1, amended subsec. (c)
generally, to provide for appointment of special and alternate
representatives.
Subsec. (d). Act Oct. 10, 1949, Sec. 1, allowed the designation
by the President of any State Department officer, whose appointment
is subject to confirmation by the Senate, to sit on the Security
Council in certain instances.
Subsec. (f). Act Oct. 10, 1949, Sec. 2, added subsec. (f).
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VII, Sec.
708(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-462, provided that:
"The amendments made by subsections (a) and (b) [amending this
section and section 2021 of this title] shall apply to individuals
appointed on or after the date of enactment of this Act [Nov. 29,
1999]."
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.
SHORT TITLE
Section 1 of act Dec. 20, 1945, provided that: "This Act
[enacting this subchapter] may be cited as the 'United Nations
Participation Act of 1945'."
UNITED STATES MEMBERSHIP ON THE UNITED NATIONS COMMISSION ON HUMAN
RIGHTS AND INTERNATIONAL NARCOTICS CONTROL BOARD
Pub. L. 107-228, div. A, title IV, Sec. 408, Sept. 30, 2002, 116
Stat. 1391, provided that: "The United States, in connection with
its voice and vote in the United Nations General Assembly and the
United Nations Economic and Social Council, shall make every
reasonable effort -
"(1) to secure a seat for the United States on the United
Nations Commission on Human Rights;
"(2) to secure a seat for a United States national on the
United Nations International Narcotics Control Board; and
"(3) to prevent membership on the Human Rights Commission by
any member nation the government of which, in the judgment of the
Secretary, based on the Department's Annual Country Reports on
Human Rights and the Annual Report on International Report on
Religious Freedom, consistently violates internationally
recognized human rights or has engaged in or tolerated
particularly severe violations of religious freedom in that
country."
[For definitions of "Secretary" and "Department" as used in
section 408 of Pub. L. 107-228, set out above, see section 3 of
Pub. L. 107-228, set out as a note under section 2651 of this
title.]
UNITED NATIONS POLICY ON ISRAEL AND THE PALESTINIANS
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VII, Sec.
721], Nov. 29, 1999, 113 Stat. 1536, 1501A-462, provided that:
"(a) Congressional Statement. - It shall be the policy of the
United States to promote an end to the persistent inequity
experienced by Israel in the United Nations whereby Israel is the
only longstanding member of the organization to be denied
acceptance into any of the United Nations regional blocs.
"(b) Policy on Abolition of Certain United Nations Groups. - It
shall be the policy of the United States to seek the abolition of
certain United Nations groups the existence of which is inimical to
the ongoing Middle East peace process, those groups being the
Special Committee to Investigate Israeli Practices Affecting the
Human Rights of the Palestinian People and other Arabs of the
Occupied Territories; the Committee on the Exercise of the
Inalienable Rights of the Palestinian People; the Division for the
Palestinian Rights; and the Division on Public Information on the
Question of Palestine.
"(c) Annual Reports. - On January 15 of each year, the Secretary
of State shall submit a report to the appropriate congressional
committees [Committee on International Relations of the House of
Representatives and Committee on Foreign Relations of the Senate]
(in classified or unclassified form as appropriate) on -
"(1) actions taken by representatives of the United States to
encourage the nations of the Western Europe and Others Group
(WEOG) to accept Israel into their regional bloc;
"(2) other measures being undertaken, and which will be
undertaken, to ensure and promote Israel's full and equal
participation in the United Nations; and
"(3) steps taken by the United States under subsection (b) to
secure abolition by the United Nations of groups described in
that subsection.
"(d) Annual Consultation. - At the time of the submission of each
annual report under subsection (c), the Secretary of State shall
consult with the appropriate congressional committees on specific
responses received by the Secretary of State from each of the
nations of the Western Europe and Others Group (WEOG) on their
position concerning Israel's acceptance into their organization."
UNITED STATES COMMISSION ON IMPROVING THE EFFECTIVENESS OF THE
UNITED NATIONS
Pub. L. 100-204, title VII, part B, Dec. 22, 1987, 101 Stat.
1391, as amended by Pub. L. 101-246, title IV, Sec. 409, Feb. 16,
1990, 104 Stat. 68, provided for establishment, membership, etc.,
of United States Commission on Improving the Effectiveness of the
United Nations to examine the United Nations system as a whole and
identify and evaluate its strengths and weaknesses and to transmit
to President and Congress, not later than 18 months after the date
on which all members of the Commission have been appointed, a
report containing a detailed statement of the findings,
conclusions, and recommendations of the Commission, which report
was dated Sept. 10, 1993, and the Commission terminated Sept. 30,
1993.
SOVIET MISSION AT THE UNITED NATIONS
Pub. L. 99-569, title VII, Sec. 702, Oct. 27, 1986, 100 Stat.
3204, related to policy of Congress of limiting number of Soviet
nationals serving as members of Soviet mission at the United
Nations to number not to substantially exceed number of United
States nationals serving as members of United States mission,
required Secretary of State to report numbers of Soviet nationals
so serving, and provided that spouses and dependents were not to be
included in such numbers, prior to repeal by Pub. L. 103-199, title
V, Sec. 501(d), Dec. 17, 1993, 107 Stat. 2325.
UNITED STATES PARTICIPATION IN THE UNITED NATIONS IF ISRAEL IS
ILLEGALLY EXPELLED
Pub. L. 98-164, title I, Sec. 115, Nov. 22, 1983, 97 Stat. 1021,
as amended by Pub. L. 99-93, title I, Sec. 142, Aug. 16, 1985, 99
Stat. 424; Pub. L. 100-204, title VII, Sec. 704, Dec. 22, 1987, 101
Stat. 1389, provided that:
"(a) The Congress finds that -
"(1) the United Nations was founded on the principle of
universality;
"(2) the United Nations Charter stipulates that members may be
suspended by the General Assembly only 'upon the recommendation
of the Security Council'; and
"(3) any move by the General Assembly that would illegally deny
Israel its credentials in the Assembly would be a direct
violation of these provisions of the Charter.
"(b) If Israel is illegally expelled, suspended, denied its
credentials, or in any other manner denied its right to participate
in any principal or subsidiary organ or in any specialized,
technical, or other agency of the United Nations, the United States
shall suspend its participation in any such organ or agency until
the illegal action is reversed. The United States shall reduce its
annual assessed contribution to the United Nations or such
specialized agency by 8.34 percent for each month in which United
States participation is suspended pursuant to this section. Nothing
in this section may be construed to diminish or to affect United
States participation in the United Nations Security Council or the
Safeguards Program of the International Atomic Energy Agency."
INTERNATIONAL YEAR OF THE CHILD
Pub. L. 95-561, title XV, Secs. 1501-1507, Nov. 1, 1978, 92 Stat.
2373-2375, described the purpose of the International Year of the
Child (designated as 1979 by the United Nations General Assembly)
as promotion of lasting improvements in the well-being of children,
provided for the establishment of a National Commission on the
International Year of the Child, and for the Commission's
membership, functions, coordination and administration, and waiver
of certain provisions of law relating to advertising, competitive
bidding, and printing, authorized appropriations, and terminated
the life of the Commission thirty days after the submission of its
final report, which was to be submitted not later than Mar. 31,
1980, but which life was in no case to be extended beyond Apr. 30,
1980.
Pub. L. 97-35, title V, Sec. 511(b)(1), Aug. 13, 1981, 95 Stat.
443, provided that: "No funds are authorized to be appropriated to
carry out part A of title XV of the Education Amendments of 1978
[sections 1501 to 1507 of Pub. L. 95-561, see note above] for
fiscal year 1982, 1983, or 1984."
UNITED NATIONS ENVIRONMENT PROGRAM PARTICIPATION
Pub. L. 93-188, Dec. 15, 1973, 87 Stat. 713, provided:
"[Sec. 1. Short Title] That this Act [enacting this note] may be
cited as the 'United Nations Environment Program Participation Act
of 1973'.
"Sec. 2. [Congressional Declaration of Policy] It is the policy
of the United States to participate in coordinated international
efforts to solve environmental problems of global and international
concern, and in order to assist the implementation of this policy,
to contribute funds to the United Nations Environmental Fund for
the support of international measures to protect and improve the
environment.
"Sec. 3. [Authorization of Appropriations] There is authorized to
be appropriated $40,000,000 for contributions to the United Nations
Environment Fund, which amount is authorized to remain available
until expended, and which may be used upon such terms and
conditions as the President may specify: Provided, That not more
than $10,000,000 may be appropriated for use in fiscal year 1974."
UNITED STATES GRANT FOR EXPANSION AND IMPROVEMENT OF UNITED NATIONS
HEADQUARTERS
Pub. L. 91-622, Dec. 31, 1970, 84 Stat. 1867, provided: "That
there is hereby authorized to be appropriated to the Secretary of
State out of any money in the Treasury not otherwise appropriated,
a sum not to exceed $20,000,000, to remain available until
expended, for a grant to be made at the discretion of the Secretary
of State, to the United Nations to defray a portion of the cost of
the expansion and improvement of its headquarters in the city of
New York on such terms and conditions as the Secretary of State may
determine. Such grant shall not be considered a contribution to the
United Nations for purpose of any other applicable law limiting
contributions."
UNITED STATES LOAN FOR CONSTRUCTION OF PERMANENT HEADQUARTERS IN
NEW YORK CITY
Act Aug. 11, 1948, ch. 834, 62 Stat. 1286, authorized the
President to loan to the United Nations $65,000,000 to construct a
permanent headquarters in New York City, provided for the repayment
of the loan without interest in installments beginning July 1,
1951, and continuing until July 1, 1982, and authorized the
Reconstruction Finance Corporation to advance to the United Nations
up to $25,000,000 until such time as the $65,000,000 is
appropriated by Congress.
ESTABLISHMENT OF PERMANENT HEADQUARTERS IN NEW YORK; AGREEMENT
BETWEEN UNITED NATIONS AND UNITED STATES
Joint Res. Aug. 4, 1947, ch. 482, 61 Stat. 756, provided that:
"Whereas the Charter of the United Nations was signed on behalf
of the United States on June 26, 1945, and was ratified on August
8, 1945, by the President of the United States, by and with the
advice and consent of the Senate, and the instrument of
ratification of the said Charter was deposited on August 8, 1945;
and
"Whereas the said Charter of the United Nations came into force
with respect to the United States on October 24, 1945; and
"Whereas article 104 of the Charter provides that 'The
Organization shall enjoy in the territory of each of its Members
such legal capacity as may be necessary for the exercise of its
functions and the fulfillment of its purposes'; and
"Whereas article 105 of the Charter provides that:
"1. The Organization shall enjoy in the territory of each of its
Members such privileges and immunities as are necessary for the
fulfillment of its purposes.
"2. Representatives of the Members of the United Nations and
officials of the Organization shall similarly enjoy such privileges
and immunities as are necessary for the independent exercise of
their functions in connection with the Organization.
"3. The General Assembly may make recommendations with a view to
determining the details of the application of paragraphs 1 and 2 of
this article or may propose conventions to the Members of the
United Nations for this purpose; and
"Whereas article 28 and other articles of the Charter of the
United Nations contemplate the establishment of a seat for the
permanent headquarters of the Organization; and
"Whereas the interim arrangements concluded on June 26, 1945, by
the governments represented at the United Nations Conference on
International Organization instructed the Preparatory Commission
established in pursuance of the arrangements to 'make studies and
prepare recommendations concerning the location of the permanent
headquarters of the Organization'; and
"Whereas during the labors of the said Preparatory Commission,
the Congress of the United States in H. Con. Res. 75, passed
unanimously by the House of Representatives December 10, 1945, and
agreed to unanimously by the Senate December 11, 1945, invited the
United Nations 'to locate the seat of the United Nations
Organization within the United States'; and
"Whereas the General Assembly on December 14, 1946, resolved
'that the permanent headquarters of the United Nations shall be
established in New York City in the area bounded by First Avenue,
East Forty-eighth Street, the East River, and East Forty-second
Street'; and
"Whereas the General Assembly resolved on December 14, 1946,
'That the Secretary-General be authorized to negotiate and conclude
with the appropriate authorities of the United States of America an
agreement concerning the arrangements required as a result of the
establishment of the permanent headquarters of the United Nations
in the city of New York' and to be guided in these negotiations by
the provisions of a preliminary draft agreement which had been
negotiated by the Secretary-General and the Secretary of State of
the United States; and
"Whereas the General Assembly resolved on December 14, 1946, that
pending the coming into force of the agreement referred to above
'the Secretary-General be authorized to negotiate and conclude
arrangements with the appropriate authorities of the United States
of America to determine on a provisional basis the privileges,
immunities, and facilities needed in connection with the temporary
headquarters of the United Nations.'; and
"Whereas the Secretary of State of the United States, after
consultation with the appropriate authorities of the State and city
of New York, signed at Lake Success, New York, on June 26, 1947, on
behalf of the United States an agreement with the United Nations
regarding the headquarters of the United Nations, which agreement
is incorporated herein; and
"Whereas the aforesaid agreement provides that it shall be
brought into effect by an exchange of notes between the United
States and the Secretary-General of the United Nations: Therefore
be it
"Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the President
is hereby authorized to bring into effect on the part of the United
States the agreement between the United States of America and the
United Nations regarding the headquarters of the United Nations,
signed at Lake Success, New York, on June 26, 1947 (hereinafter
referred to as the 'agreement'), with such changes therein not
contrary to the general tenor thereof and not imposing any
additional obligations on the United States as the President may
deem necessary and appropriate, and at his discretion, after
consultation with the appropriate State and local authorities, to
enter into such supplemental agreements with the United Nations as
may be necessary to fulfill the purposes of the said agreement:
Provided, That any supplemental agreement entered into pursuant to
section 5 of the agreement incorporated herein shall be submitted
to the Congress for approval. The agreement follows:
"AGREEMENT BETWEEN THE UNITED NATIONS AND THE UNITED STATES OF
AMERICA REGARDING THE HEADQUARTERS OF THE UNITED NATIONS
THE UNITED NATIONS AND THE UNITED STATES OF AMERICA:
Desiring to conclude an agreement for the purpose of carrying out
the Resolution adopted by the General Assembly on 14 December 1946
to establish the seat of the United Nations in The City of New York
and to regulate questions arising as a result thereof;
Have appointed as their representatives for this purpose:
The United Nations:
Trygve Lie,
and Secretary-General,
The United States of America:
George C. Marshall,
Secretary of State,
Who have agreed as follows:
"ARTICLE I - DEFINITIONS
SECTION 1
In this agreement:
(a) The expression 'headquarters district' means (1) the area
defined as such in Annex 1, (2) any other lands or buildings which
from time to time may be included therein by supplemental agreement
with the appropriate American authorities;
(b) the expression 'appropriate American authorities' means such
federal, state, or local authorities in the United States as may be
appropriate in the context and in accordance with the laws and
customs of the United States, including the laws and customs of the
state and local government involved;
(c) the expression 'General Convention' means the Convention on
the Privileges and Immunities of the United Nations approved by the
General Assembly of the United Nations 13 February 1946, as acceded
to by the United States;
(d) the expression 'United Nations' means the international
organization established by the Charter of the United Nations,
hereinafter referred to as the 'Charter':
(e) the expression 'Secretary-General' means the
Secretary-General of the United Nations.
"ARTICLE II - THE HEADQUARTERS DISTRICT
SECTION 2
The seat of the United Nations shall be the headquarters
district.
SECTION 3
The appropriate American authorities shall take whatever action
may be necessary to assure that the United Nations shall not be
dispossessed of its property in the headquarters district, except
as provided in Section 22 in the event that the United Nations
ceases to use the same; provided that the United Nations shall
reimburse the appropriate American authorities for any costs
incurred, after consultation with the United Nations, in
liquidating by eminent domain proceedings or otherwise any adverse
claims.
SECTION 4
(a) The United Nations may establish and operate in the
headquarters district:
(1) its own short-wave sending and receiving radio broadcasting
facilities (including emergency link equipment) which may be used
on the same frequencies (within the tolerances prescribed for the
broadcasting service by applicable United States regulations) for
radiotelegraph, radioteletype, radiotelephone, radiotelephoto, and
similar services;
(2) one point-to-point circuit between the headquarters district
and the office of the United Nations in Geneva (using single
sideband equipment) to be used exclusively for the exchange of
broadcasting programs and interoffice communications;
(3) low power micro-wave, low or medium frequency facilities for
communication within headquarters buildings only, or such other
buildings as may temporarily be used by the United Nations;
(4) facilities for point-to-point communication to the same
extent and subject to the same conditions as permitted under
applicable rules and regulations for amateur operation in the
United States, except that such rules and regulations shall not be
applied in a manner inconsistent with the inviolability of the
headquarters district provided by Section 9(a);
(5) such other radio facilities as may be specified by
supplemental agreement between the United Nations and the
appropriate American authorities.
(b) The United Nations shall make arrangements for the operation
of the services referred to in this section with the International
Telecommunication Union, the appropriate agencies of the Government
of the United States and the appropriate agencies of other affected
governments with regard to all frequencies and similar matters.
(c) The facilities provided for in this section may, to the
extent necessary for efficient operation, be established and
operated outside the headquarters district. The appropriate
American authorities will, on request of the United Nations, make
arrangements, on such terms and in such manner as may be agreed
upon by supplemental agreement, for the acquisition or use by the
United Nations of appropriate premises for such purposes and the
inclusion of such premises in the headquarters district.
SECTION 5
In the event that the United Nations should find it necessary and
desirable to establish and operate an aerodrome, the conditions for
the location, use and operation of such an aerodrome and the
conditions under which there shall be entry into and exit therefrom
shall be the subject of a supplemental agreement.
SECTION 6
In the event that the United Nations should propose to organize
its own postal service, the conditions under which such service
shall be set up shall be the subject of a supplemental agreement.
"ARTICLE III - LAW AND AUTHORITY IN THE HEADQUARTERS DISTRICT
SECTION 7
(a) The headquarters district shall be under the control and
authority of the United Nations as provided in this agreement.
(b) Except as otherwise provided in this agreement or in the
General Convention, the federal, state and local law of the United
States shall apply within the headquarters district.
(c) Except as otherwise provided in this agreement or in the
General Convention, the federal, state and local courts of the
United States shall have jurisdiction over acts done and
transactions taking place in the headquarters district as provided
in applicable federal, state and local laws.
(d) The federal, state and local courts of the United States,
when dealing with cases arising out of or relating to acts done or
transactions taking place in the headquarters district, shall take
into account the regulations enacted by the United Nations under
Section 8.
SECTION 8
The United Nations shall have the power to make regulations,
operative within the headquarters district for the purpose of
establishing therein conditions in all respects necessary for the
full execution of its functions. No federal, state or local law or
regulation of the United States which is inconsistent with a
regulation of the United Nations authorized by this section shall,
to the extent of such inconsistency, be applicable within the
headquarters district. Any dispute, between the United Nations and
the United States, as to whether a regulation of the United Nations
is authorized by this section or as to whether a federal, state or
local law or regulation is inconsistent with any regulation of the
United Nations authorized by this section, shall be promptly
settled as provided in Section 21. Pending such settlement, the
regulation of the United Nations shall apply, and the federal,
state or local law or regulation shall be inapplicable in the
headquarters district to the extent that the United Nations claims
it to be inconsistent with the regulation of the United Nations.
This section shall not prevent the reasonable application of fire
protection regulations of the appropriate American authorities.
SECTION 9
(a) The headquarters district shall be inviolable. Federal, state
or local officers or officials of the United States, whether
administrative, judicial, military or police, shall not enter the
headquarters district to perform any official duties therein except
with the consent of and under conditions agreed to by the
Secretary-General. The service of legal process, including the
seizure of private property, may take place within the headquarters
district only with the consent of and under conditions approved by
the Secretary-General.
(b) Without prejudice to the provisions of the General Convention
or Article IV of this agreement, the United Nations shall prevent
the headquarters district from becoming a refuge either for persons
who are avoiding arrest under the federal, state, or local law of
the United States or are required by the Government of the United
States for extradition to another country, or for persons who are
endeavoring to avoid service of legal process.
SECTION 10
The United Nations may expel or exclude persons from the
headquarters district for violation of its regulations adopted
under Section 8 or for other cause. Persons who violate such
regulations shall be subject to other penalties or to detention
under arrest only in accordance with the provisions of such laws or
regulations as may be adopted by the appropriate American
authorities.
"ARTICLE IV - COMMUNICATIONS AND TRANSIT
SECTION 11
The federal, state or local authorities of the United States
shall not impose any impediments to transit to or from the
headquarters district of (1) representatives of Members or
officials of the United Nations, or of specialized agencies as
defined in Article 57, paragraph 2, of the Charter, or the families
of such representatives or officials, (2) experts performing
missions for the United Nations or for such specialized agencies,
(3) representatives of the press, or of radio, film or other
information agencies, who have been accredited by the United
Nations (or by such a specialized agency) in its discretion after
consultation with the United States, (4) representatives of
nongovernmental organizations recognized by the United Nations for
the purpose of consultation under Article 71 of the Charter, or (5)
other persons invited to the headquarters district by the United
Nations or by such specialized agency on official business. The
appropriate American authorities shall afford any necessary
protection to such persons while in transit to or from the
headquarters district. This section does not apply to general
interruptions of transportation which are to be dealt with as
provided in Section 17, and does not impair the effectiveness of
generally applicable laws and regulations as to the operation of
means of transportation.
SECTION 12
The provisions of Section 11 shall be applicable irrespective of
the relations existing between the Governments of the persons
referred to in that section and the Government of the United
States.
SECTION 13
(a) Laws and regulations in force in the United States regarding
the entry of aliens shall not be applied in such manner as to
interfere with the privileges referred to in Section 11. When visas
are required for persons referred to in that Section, they shall be
granted without charge and as promptly as possible.
(b) Laws and regulations in force in the United States regarding
the residence of aliens shall not be applied in such manner as to
interfere with the privileges referred to in Section 11 and,
specifically, shall not be applied in such manner as to require any
such person to leave the United States on account of any activities
performed by him in his official capacity. In case of abuse of such
privileges of residence by any such person in activities in the
United States outside his official capacity, it is understood that
the privileges referred to in Section 11 shall not be construed to
grant him exemption from the laws and regulations of the United
States regarding the continued residence of aliens, provided that:
(1) No proceedings shall be instituted under such laws or
regulations to require any such person to leave the United States
except with the prior approval of the Secretary of State of the
United States. Such approval shall be given only after consultation
with the appropriate Member in the case of a representative of a
Member (or a member of his family) or with the Secretary-General or
the principal executive officer of the appropriate specialized
agency in the case of any other person referred to in Section 11;
(2) A representative of the Member concerned, the
Secretary-General, or the principal executive officer of the
appropriate specialized agency, as the case may be, shall have the
right to appear in any such proceedings on behalf of the person
against whom they are instituted;
(3) Persons who are entitled to diplomatic privileges and
immunities under Section 15 or under the General Convention shall
not be required to leave the United States otherwise than in
accordance with the customary procedure applicable to diplomatic
envoys accredited to the United States.
(c) This section does not prevent the requirement of reasonable
evidence to establish that persons claiming the rights granted by
Section 11 come within the classes described in that section, or
the reasonable application of quarantine and health regulations.
(d) Except as provided above in this section and in the General
Convention, the United States retains full control and authority
over the entry of persons or property into the territory of the
United States and the conditions under which persons may remain or
reside there.
(e) The Secretary-General shall, at the request of the
appropriate American authorities, enter into discussions with such
authorities, with a view to making arrangements for registering the
arrival and departure of persons who have been granted visas valid
only for transit to and from the headquarters district and sojourn
therein and in its immediate vicinity.
(f) The United Nations shall, subject to the foregoing provisions
of this section, have the exclusive right to authorize or prohibit
entry of persons and property into the headquarters district and to
prescribe the conditions under which persons may remain or reside
there.
SECTION 14
The Secretary-General and the appropriate American authorities
shall, at the request of either of them, consult as to methods of
facilitating entrance into the United States, and the use of
available means of transportation, by persons coming from abroad
who wish to visit the headquarters district and do not enjoy the
rights referred to in this Article.
"ARTICLE V - RESIDENT REPRESENTATIVES TO THE UNITED NATIONS
SECTION 15
(1) Every person designated by a Member as the principal resident
representative to the United Nations of such Member or as a
resident representative with the rank of ambassador or minister
plenipotentiary,
(2) such resident members of their staffs as may be agreed upon
between the Secretary-General, the Government of the United States
and the Government of the Member concerned,
(3) every person designated by a Member of a specialized agency,
as defined in Article 57, paragraph 2, of the Charter, as its
principal resident representative, with the rank of ambassador or
minister plenipotentiary, at the headquarters of such agency in the
United States, and
(4) such other principal resident representatives of members to a
specialized agency and such resident members of the staffs of
representatives to a specialized agency as may be agreed upon
between the principal executive officer of the specialized agency,
the Government of the United States and the Government of the
Member concerned, shall, whether residing inside or outside the
headquarters district, be entitled in the territory of the United
States to the same privileges and immunities, subject to
corresponding conditions and obligations, as it accords to
diplomatic envoys accredited to it. In the case of Members whose
governments are not recognized by the United States, such
privileges and immunities need be extended to such representatives,
or persons on the staffs of such representatives, only within the
headquarters district, at their residences and offices outside the
district, in transit between the district and such residences and
offices, and in transit on official business to or from foreign
countries.
"ARTICLE VI - POLICE PROTECTION OF THE HEADQUARTERS DISTRICT
SECTION 16
(a) The appropriate American authorities shall exercise due
diligence to ensure that the tranquility of the headquarters
district is not disturbed by the unauthorized entry of groups of
persons from outside or by disturbances in its immediate vicinity
and shall cause to be provided on the boundaries of the
headquarters district such police protection as is required for
these purposes.
(b) If so requested by the Secretary-General, the appropriate
American authorities shall provide a sufficient number of police
for the preservation of law and order in the headquarters district,
and for the removal therefrom of persons as requested under the
authority of the United Nations. The United Nations shall, if
requested, enter into arrangements with the appropriate American
authorities to reimburse them for the reasonable cost of such
services.
"ARTICLE VII - PUBLIC SERVICES AND PROTECTION OF THE HEADQUARTERS
DISTRICT
SECTION 17
(a) The appropriate American authorities will exercise to the
extent requested by the Secretary-General the powers which they
possess with respect to the supplying of public services to ensure
that the headquarters district shall be supplied on equitable terms
with the necessary public services, including electricity, water,
gas, post, telephone, telegraph, transportation, drainage,
collection of refuse, fire protection, snow removal, et cetera. In
case of any interruption or threatened interruption of any such
services, the appropriate American authorities will consider the
needs of the United Nations as being of equal importance with the
similar needs of essential agencies of the Government of the United
States, and will take steps accordingly, to ensure that the work of
the United Nations is not prejudiced.
(b) Special provisions with reference to maintenance of utilities
and underground construction are contained in Annex 2.
SECTION 18
The appropriate American authorities shall take all reasonable
steps to ensure that the amenities of the headquarters district are
not prejudiced and the purposes for which the district is required
are not obstructed by any use made of the land in the vicinity of
the district. The United Nations shall on its part take all
reasonable steps to ensure that the amenities of the land in the
vicinity of the headquarters district are not prejudiced by any use
made of the land in the headquarters district by the United
Nations.
SECTION 19
It is agreed that no form of racial or religious discrimination
shall be permitted within the headquarters district.
"ARTICLE VIII - MATTERS RELATING TO THE OPERATION OF THIS AGREEMENT
SECTION 20
The Secretary-General and the appropriate American authorities
shall settle by agreement the channels through which they will
communicate regarding the application of the provisions of this
agreement and other questions affecting the headquarters district,
and may enter into such supplemental agreements as may be necessary
to fulfill the purposes of this agreement. In making supplemental
agreements with the Secretary-General, the United States shall
consult with the appropriate state and local authorities. If the
Secretary-General so requests, the Secretary of State of the United
States shall appoint a special representative for the purpose of
liaison with the Secretary-General.
SECTION 21
(a) Any dispute between the United Nations and the United States
concerning the interpretation or application of this agreement or
of any supplemental agreement, which is not settled by negotiation
or other agreed mode of settlement, shall be referred for final
decision to a tribunal of three arbitrators, one to be named by the
Secretary-General, one to be named by the Secretary of State of the
United States, and the third to be chosen by the two, or, if they
should fail to agree upon a third, then by the President of the
International Court of Justice.
(b) The Secretary-General or the United States may ask the
General Assembly to request of the International Court of Justice
an advisory opinion on any legal question arising in the course of
such proceedings. Pending the receipt of the opinion of the Court,
an interim decision of the arbitral tribunal shall be observed on
both parties. Thereafter, the arbitral tribunal shall render a
final decision, having regard to the opinion of the Court.
"ARTICLE IX - MISCELLANEOUS PROVISIONS
SECTION 22
(a) The United Nations shall not dispose of all or any part of
the land owned by it in the headquarters district without the
consent of the United States. If the United States is unwilling to
consent to a disposition which the United Nations wishes to make of
all or any part of such land, the United States shall buy the same
from the United Nations at a price to be determined as provided in
paragraph (d) of this section.
(b) If the seat of the United Nations is removed from the
headquarters district, all right, title and interest of the United
Nations in and to real property in the headquarters district or any
part of it shall, on request of either the United Nations or the
United States, be assigned and conveyed to the United States. In
the absence of such request, the same shall be assigned and
conveyed to the subdivision of a state in which it is located or,
if such subdivision shall not desire it, then to the state in which
it is located. If none of the foregoing desires the same, it may be
disposed of as provided in paragraph (a) of this section.
(c) If the United Nations disposes of all or any part of the
headquarters district, the provisions of other sections of this
agreement which apply to the headquarters district shall
immediately cease to apply to the land and buildings so disposed
of.
(d) The price to be paid for any conveyance under this section
shall, in default of agreement, be the then fair value of the land,
buildings and installations, to be determined under the procedure
provided in Section 21.
SECTION 23
The seat of the United Nations shall not be removed from the
headquarters district unless the United Nations should so decide.
SECTION 24
This agreement shall cease to be in force if the seat of the
United Nations is removed from the territory of the United States,
except for such provisions as may be applicable in connection with
the orderly termination of the operations of the United Nations at
its seat in the United States and the disposition of its property
therein.
SECTION 25
Wherever this agreement imposes obligations on the appropriate
American authorities, the Government of the United States shall
have the ultimate responsibility for the fulfillment of such
obligations by the appropriate American authorities.
SECTION 26
The provisions of this agreement shall be complementary to the
provisions of the General Convention. In so far as any provision of
this agreement and any provisions of the General Convention relate
to the same subject matter, the two provisions shall, wherever
possible, be treated as complementary, so that both provisions
shall be applicable and neither shall narrow the effect of the
other; but in any case of absolute conflict, the provisions of this
agreement shall prevail.
SECTION 27
This agreement shall be construed in the light of its primary
purpose to enable the United Nations at its headquarters in the
United States, fully and efficiently to discharge its
responsibilities and fulfill its purposes.
SECTION 28
This agreement shall be brought into effect by an exchange of
notes between the Secretary-General, duly authorized pursuant to a
resolution of the General Assembly of the United Nations, and the
appropriate executive officer of the United States, duly authorized
pursuant to appropriate action of the Congress.
In witness whereof the respective representatives have signed
this Agreement and have affixed their seals hereto.
Done in duplicate, in the English and French languages, both
authentic, at Lake Success the twenty-sixth day of June 1947.
For the Government of the United States of America:
G. C. Marshall,
Secretary of State
For the United Nations:
Trygve Lie,
Secretary-General
"ANNEX 1
The area referred to in Section 1(a)(1) consists of (a) the
premises bounded on the East by the westerly side of Franklin D.
Roosevelt Drive, on the West by the easterly side of First Avenue,
on the North by the southerly side of East Forty-eighth Street, and
on the South by the northerly side of East Forty-second Street, all
as proposed to be widened, in the Borough of Manhattan, City and
State of New York, and (b) an easement over Franklin D. Roosevelt
Drive, above a lower limiting plane to be fixed for the
construction and maintenance of an esplanade, together with the
structures thereon and foundations and columns to support the same
in locations below such limiting plane, the entire area to be more
definitely defined by supplemental agreement between the United
Nations and the United States of America.
"ANNEX 2 - MAINTENANCE OF UTILITIES AND UNDERGROUND CONSTRUCTION
SECTION 1
The Secretary-General agrees to provide passes to duly authorized
employees of The City of New York, the State of New York, or any of
their agencies or subdivisions, for the purpose of enabling them to
inspect, repair, maintain, reconstruct and relocate utilities,
conduits, mains and sewers within the headquarters district.
SECTION 2
Underground constructions may be undertaken by The City of New
York, or the State of New York, or any of their agencies or
subdivisions, within the headquarters district only after
consultation with the Secretary-General, and under conditions which
shall not disturb the carrying out of the functions of the United
Nations.
Sec. 2. For the purpose of carrying out the obligations of the
United States under said agreement and supplemental agreements with
respect to United States assurances that the United Nations shall
not be dispossessed of its property in the headquarters district,
and with respect to the establishment of radio facilities and the
possible establishment of an airport:
(a) The President of the United States, or any official or
governmental agency authorized by the President, may acquire in the
name of the United States any property or interest therein by
purchase, donation, or other means of transfer, or may cause
proceedings to be instituted for the acquisition of the same by
condemnation.
(b) Upon the request of the President, or such officer as the
President may designate, the Attorney General of the United States
shall cause such condemnation or other proceedings to be instituted
in the name of the United States in the district court of the
United States for the district in which the property is situated
and such court shall have full jurisdiction of such proceedings,
and any condemnation proceedings shall be conducted in accordance
with the Act of August 1, 1888 (25 Stat. 357), as amended [now 40
U.S.C. 3113] and the Act of February 26, 1931 (46 Stat. 1421), as
amended [now 40 U.S.C. 3114-3116, 3118].
(c) After the institution of any such condemnation proceedings,
possession of the property may be taken at any time the President,
or such officer as he may designate, determines is necessary, and
the court shall enter such orders as may be necessary to effect
entry and occupancy of the property.
(d) The President of the United States, or any officer or
governmental agency duly authorized by the President, may, in the
name of the United States, transfer or convey possession of and
title to any interest in any property acquired or held by the
United States, pursuant to paragraph (a) above, to the United
Nations on the terms provided in the agreement or in any
supplemental agreement, and shall execute and deliver such
conveyances and other instruments and perform such other acts in
connection therewith as may be necessary to carry out the
provisions of the agreement.
(e) There are authorized to be appropriated, out of any money in
the Treasury not otherwise appropriated, such sums as may be
required to enable the United States to carry out the undertakings
hereby authorized: Provided, That any money appropriated under this
authorization shall be spent only on a basis of reimbursement by
the United Nations in accordance with section 3 of the agreement,
and that the money thus reimbursed shall be deposited and covered
into the Treasury of the United States as miscellaneous receipts.
Sec. 3. The President, or the Secretary of State under his
direction, is authorized to enter into agreements with the State of
New York or any other State of the United States and to the extent
not inconsistent with State law, with any one or more of the
political subdivisions thereof in aid of effectuating the
provisions of the agreement.
Sec. 4. Any States, or, to the extent not inconsistent with State
law any political subdivisions thereof, affected by the
establishment of the headquarters of the United Nations in the
United States are authorized to enter into agreements with the
United Nations or with each other consistent with the agreement and
for the purpose of facilitating compliance with the same: Provided,
That, except in cases of emergency and agreements of a routine
contractual character, a representative of the United States, to be
appointed by the Secretary of State, may, at the discretion of the
Secretary of State, participate in the negotiations, and that any
such agreement entered into by such State or States or political
subdivisions thereof shall be subject to approval by the Secretary
of State.
Sec. 5. The President is authorized to make effective with
respect to the temporary headquarters of the United Nations in the
State of New York, on a provisional basis, such of the provisions
of the agreement as he may deem appropriate, having due regard for
the needs of the United Nations at its temporary headquarters.
Sec. 6. Nothing in the agreement shall be construed as in any way
diminishing, abridging, or weakening the right of the United States
to safeguard its own security and completely to control the
entrance of aliens into any territory of the United States other
than the headquarters district and its immediate vicinity, as to be
defined and fixed in a supplementary agreement between the
Government of the United States and the United Nations in pursuance
of section 13(3)(e) of the agreement, and such areas as it is
reasonably necessary to traverse in transit between the same and
foreign countries. Moreover, nothing in section 14 of the agreement
with respect to facilitating entrance into the United States by
persons who wish to visit the headquarters district and do not
enjoy the right of entry provided in section 11 of the agreement
shall be construed to amend or suspend in any way the immigration
laws of the United States or to commit the United States in any way
to effect any amendment or suspension of such laws."
UN MEMBERSHIP FOR COMMUNIST CHINA
Section 105 of Pub. L. 91-472, title I, Oct. 21, 1970, 84 Stat.
1044, provided that it was the sense of the Congress that the
United Nations should not admit the Communist Chinese Government to
membership as the representative of China. Similar provisions were
contained in the following prior acts:
Dec. 24, 1969, Pub. L. 91-153, title I, Sec. 105, 83 Stat. 407.
Aug. 9, 1968, Pub. L. 90-470, title I, Sec. 105, 82 Stat. 672.
Nov. 8, 1967, Pub. L. 90-133, title I, Sec. 105, 81 Stat. 416.
Nov. 8, 1966, Pub. L. 89-797, title I, Sec. 105, 80 Stat. 1484.
Sept. 2, 1965, Pub. L. 89-164, title I, Sec. 105, 79 Stat. 625.
Aug. 31, 1964, Pub. L. 88-527, title I, Sec. 105, 78 Stat. 716.
Dec. 30, 1963, Pub. L. 88-245, title I, Sec. 105, 77 Stat. 781.
Oct. 18, 1962, Pub. L. 87-843, title I, Sec. 105, 76 Stat. 1085.
Sept. 21, 1961, Pub. L. 87-264, title I, Sec. 105, 75 Stat. 550.
Aug. 31, 1960, Pub. L. 86-678, title I, Sec. 105, 74 Stat. 561.
July 13, 1959, Pub. L. 86-84, title I, Sec. 105, 73 Stat. 186.
June 30, 1958, Pub. L. 85-474, title I, Sec. 105, 72 Stat. 249.
June 11, 1957, Pub. L. 85-49, title I, Sec. 105, 71 Stat. 60.
June 20, 1956, ch. 414, title I, Sec. 110, 70 Stat. 304.
July 7, 1955, ch. 279, title I, Sec. 110, 69 Stat. 270.
July 2, 1954, ch. 456, title I, Sec. 110, 68 Stat. 418.
Aug. 5, 1953, ch. 328, title I, Sec. 111, 67 Stat. 372.
TRUSTEESHIP AGREEMENT RELATING TO TERRITORY OF THE PACIFIC ISLANDS
Act of July 18, 1947, ch. 271, 61 Stat. 397, authorized the
President to approve the trusteeship agreement between the United
States and the Security Council of the United Nations for the
Territory of the Pacific Islands.
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |