
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2198]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
                 SUBCHAPTER I--INTERNATIONAL DEVELOPMENT
 
                         Part II--Other Programs
 
           subpart iv--overseas private investment corporation
 
Sec. 2198. Definitions

    As used in this subpart--
        (a) the term ``investment'' includes any contribution or 
    commitment of funds, commodities, services, patents, processes, or 
    techniques, in the form of (1) a loan or loans to an approved 
    project, (2) the purchase of a share of ownership in any such 
    project, (3) participation in royalties, earnings, or profits of any 
    such project, and (4) the furnishing of commodities or services 
    pursuant to a lease or other contract;
        (b) the term ``expropriation'' includes, but is not limited to, 
    any abrogation, repudiation, or impairment by a foreign government 
    of its own contract with an investor with respect to a project, 
    where such abrogation, repudiation, or impairment is not caused by 
    the investor's own fault or misconduct, and materially adversely 
    affects the continued operation of the project;
        (c) the term ``eligible investor'' means: (1) United States 
    citizens; (2) corporations, partnerships, or other associations 
    including nonprofit associations, created under the laws of the 
    United States, any State or territory thereof, or the District of 
    Columbia, and substantially beneficially owned by United States 
    citizens; and (3) foreign corporations, partnerships, of other 
    associations wholly owned by one or more such United States 
    citizens, corporations, partnerships, or other associations: 
    Provided, however, That the eligibility of such foreign corporation 
    shall be determined without regard to any shares, in aggregate less 
    than 5 per centum of the total of issued and subscribed share 
    capital, held by other than the United States owners: Provided 
    further, That in the case of any loan investment a final 
    determination of eligibility may be made at the time the insurance 
    or guaranty is issued; in all other cases, the investor must be 
    eligible at the time a claim arises as well as at the time the 
    insurance or guaranty is issued;
        (d) the term ``noncredit account revolving fund'' means the 
    account in which funds under section 2196 of this title and all 
    funds from noncredit activities are held; and \1\
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    \1\ So in original. The word ``and'' probably should not appear.
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        (e) the term ``noncredit activities'' means all activities of 
    the Corporation other than its loan guarantee program under section 
    2194(b) of this title and its direct loan program under section 
    2194(c) of this title; \2\
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    \2\ So in original. Probably should be followed by ``and''.
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        (f) the term ``predecessor guaranty authority'' means prior 
    guaranty authorities (other than housing guaranty authorities) 
    repealed by the Foreign Assistance Act of 1969, and sections 
    1509(b)(3), 1872(b), and 1933(b) \3\ of this title (exclusive of 
    authority relating to informational media guaranties).
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    \3\ See References in Text note below.
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(Pub. L. 87-195, pt. I, Sec. 238, as added Pub. L. 91-175, pt. I, 
Sec. 105, Dec. 30, 1969, 83 Stat. 815; amended Pub. L. 92-226, pt. I, 
Sec. 104(a), Feb. 7, 1972, 86 Stat. 22; Pub. L. 97-65, Sec. 7, Oct. 16, 
1981, 95 Stat. 1024; Pub. L. 99-204, Sec. 17(a), Dec. 23, 1985, 99 Stat. 
1676; Pub. L. 102-549, title I, Sec. 106, Oct. 28, 1992, 106 Stat. 
3653.)

                       References in Text

    The Foreign Assistance Act of 1969, referred to in subsec. (f), is 
Pub. L. 91-175, Dec. 30, 1969, 83 Stat. 805, as amended. For complete 
classification of this Act to the Code, see Short Title of 1969 
Amendment note set out under section 2151 of this title and Tables. The 
guaranty authorities repealed by the 1969 Act were the guaranty 
authorities contained in sections 2181 to 2184 prior to the general 
reorganization of subpart III by the 1969 Act.
    Section 1509(b)(3) of this title, referred to in subsec. (f), was 
repealed by act Aug. 26, 1954, ch. 937, title V, Sec. 542(a)(4), 68 
Stat. 861.
    Sections 1872(b) and 1933(b) of this title, referred to in subsec. 
(f), were repealed by Pub. L. 87-195, pt. III, Sec. 642(a)(2), Sept. 4, 
1961, 75 Stat. 460. Section 642(b) of Pub. L. 87-195 provided that 
references to provisions of law repealed by subsec. (a) were to be 
deemed references to the appropriate provisions of Pub. L. 87-195. See 
sections 2163 and 2351 of this title.


                               Amendments

    1992--Subsecs. (c) to (f). Pub. L. 102-549 struck out ``and'' at end 
of subsec. (c), added subsecs. (d) and (e), and redesignated former 
subsec. (d) as (f).
    1985--Subsec. (c)(2). Pub. L. 99-204 inserted reference to the 
District of Columbia.
    1981--Subsec. (a). Pub. L. 97-65 substituted ``contribution or 
commitment of funds'' for ``contribution of funds''.
    1972--Subsec. (c). Pub. L. 92-226 struck out ``required by law to 
be'' after ``share capital,'' in first proviso.

                  Section Referred to in Other Sections

    This section is referred to in sections 2182, 2186 of this title.
