
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: 22USC2295b]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
                 SUBCHAPTER I--INTERNATIONAL DEVELOPMENT
 
    Part XI--Support for Economic and Democratic Development of the 
              Independent States of the Former Soviet Union
 
Sec. 2295b. Authorities relating to assistance and other 
        provisions
        

(a) Assistance through governments and nongovernmental organizations

    Assistance under this part may be provided to governments or through 
nongovernmental organizations.

(b) Technical and managerial assistance

    Technical assistance under this part shall, to the maximum extent 
feasible, be provided on a long term, on-site basis and shall emphasize 
the provision of practical, management and other problem-solving advice, 
particularly advice on private enterprise provided by United States 
business volunteers.

(c) Enterprise funds

    Activities supported pursuant to this part may include the 
establishment of and the provision of support for one or more enterprise 
funds for the independent states of the former Soviet Union. If the 
President determines that an enterprise fund should be established and 
supported under this part, the provisions contained in section 201 of 
the Support for East European Democracy (SEED) Act of 1989 [22 U.S.C. 
5421] (excluding the authorizations of appropriations provided in 
subsection (b) of that section) shall be deemed to apply with respect to 
such enterprise fund and to funds made available to such enterprise fund 
pursuant to this part.

(d) Cooperative development and research projects

    Assistance under this part may include support for cooperative 
development projects, including cooperative development research 
projects, among the United States, other countries, and independent 
states of the former Soviet Union.

(e) Administration of justice programs

    In order to strengthen the administration of justice in the 
independent states of the former Soviet Union under paragraph (2)(G) of 
section 2295 of this title, the President may exercise the same 
authorities as are available under section 2346c of this title, subject 
to the limitations and requirements of that section, other than 
subsection (c) and the last two sentences of subsection (e).

(f) Use of economic support funds

    Any funds that have been allocated under part 4 of subchapter II of 
this chapter for assistance for the independent states of the former 
Soviet Union may be used in accordance with the provisions of this part.

(g) Use of SEED agency funds and administrative authorities

    The President may authorize any agency of the United States 
Government that has authority to conduct activities under the Support 
for East European Democracy (SEED) Act of 1989 [22 U.S.C. 5401 et seq.] 
to use--
        (1) any funds that are available to it for activities related to 
    international affairs outside Eastern Europe, and
        (2) any administrative authorities that are available to it for 
    activities with respect to Eastern Europe,

to conduct activities authorized by section 2295 of this title with 
respect to the independent states of the former Soviet Union.

(h) Procurement restrictions

    Funds made available for assistance under this part may be used for 
procurement--
        (1) in the United States, the independent states of the former 
    Soviet Union, or a developing country; or
        (2) in any other country but only if--
            (A) the provision of such assistance requires commodities or 
        services of a type that are not produced in and available for 
        purchase in any country specified in paragraph (1); or
            (B) the President determines, on a case-by-case basis, that 
        procurement in such other country is necessary--
                (i) to meet unforseen \1\ circumstances, such as 
            emergency situations, where it is important to permit 
            procurement in a country not specified in paragraph (1), or
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    \1\ So in original. Probably should be ``unforeseen''.
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                (ii) to promote efficiency in the use of United States 
            foreign assistance resources, including to avoid impairment 
            of foreign assistance objectives.

(i) Terms and conditions

    Assistance under this part shall be provided on such terms and 
conditions as the President may determine, consistent with applicable 
provisions of law (except as otherwise provided in subsection (j) of 
this section).

(j) Waiver of certain provisions

                           (1) In general

        Funds authorized to be appropriated for fiscal year 1993 by this 
    part, and any other funds appropriated for fiscal year 1993 that are 
    used under the authority of subsection (f) or (g) of this section, 
    may be used to provide assistance under this part notwithstanding 
    any other provision of law, except for--
            (A) this part;
            (B) section 2394-1 of this title and comparable notification 
        requirements contained in sections of the annual foreign 
        operations, export financing, and related programs Act;
            (C) sections 2799aa and 2799aa-1 of this title and sections 
        5604 and 5605 of this title, to the extent that they apply to 
        assistance to governments; and
            (D) section 1341 of title 31 (commonly referred to as the 
        ``Anti-Deficiency Act''), the Congressional Budget and 
        Impoundment Control Act of 1974, the Balanced Budget and 
        Emergency Deficit Control Act of 1985, and the Budget 
        Enforcement Act of 1990.

          (2) Nuclear reactor safety and related activities

        Any provision that corresponds to section 510 of the Foreign 
    Operations, Export Financing, and Related Programs Appropriations 
    Act, 1991 (relating to the prohibition on financing exports of 
    nuclear equipment, fuel, and technology) shall not apply with 
    respect to funds used pursuant to this part.

(k) Definitions

              (1) Appropriate congressional committees

        As used in this part, the term ``appropriate congressional 
    committees'' means the Committee on Foreign Affairs and the 
    Committee on Appropriations of the House of Representatives and the 
    Committee on Foreign Relations and the Committee on Appropriations 
    of the Senate.

          (2) Independent states of the former Soviet Union

        As used in this part, the terms ``independent states of the 
    former Soviet Union'' and ``independent states'' have the meaning 
    given those terms by section 5801 of this title.

                      (3) Nonmarket based trade

        As used in section 2295a(b)(5) of this title, the term 
    ``nonmarket based trade'' includes exports, imports, exchanges, or 
    other arrangements that are provided for goods and services 
    (including oil and other petroleum products) on terms more favorable 
    than those generally available in applicable markets or for 
    comparable commodities, including--
            (A) exports to the Cuban Government on terms that involve a 
        grant, concessional price, guaranty, insurance, or subsidy;
            (B) imports from the Cuban Government at preferential tariff 
        rates;
            (C) exchange arrangements that include advance delivery of 
        commodities, arrangements in which the Cuban Government is not 
        held accountable for unfulfilled exchange contracts, and 
        arrangements under which Cuba does not pay appropriate 
        transportation, insurance, or finance costs; and
            (D) the exchange, reduction, or forgiveness of debt of the 
        Cuban Government in return for a grant by the Cuban Government 
        of an equity interest in a property, investment, or operation of 
        the Cuban Government or of a Cuban national.

                        (4) Cuban Government

        (A) The term ``Cuban Government'' includes the government of any 
    political subdivision of Cuba, and any agency or instrumentality of 
    the Government of Cuba.
        (B) For purposes of subparagraph (A), the term ``agency or 
    instrumentality of the Government of Cuba'' means an agency or 
    instrumentality of a foreign state as defined in section 1603(b) of 
    title 28, with each reference in such section to ``a foreign state'' 
    deemed to be a reference to ``Cuba''.

(Pub. L. 87-195, pt. I, Sec. 498B, as added Pub. L. 102-511, title II, 
Sec. 201, Oct. 24, 1992, 106 Stat. 3328; amended Pub. L. 103-236, title 
VIII, Sec. 826(c), Apr. 30, 1994, 108 Stat. 519; Pub. L. 104-114, title 
I, Sec. 106(c)(2), Mar. 12, 1996, 110 Stat. 796.)

                       References in Text

    The Support for East European Democracy (SEED) Act of 1989, referred 
to in subsec. (g), is Pub. L. 101-179, Nov. 28, 1989, 103 Stat. 1298, as 
amended, which is classified principally to chapter 63 (Sec. 5401 et 
seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 5401 of this title and 
Tables.
    The Congressional Budget and Impoundment Control Act of 1974, 
referred to in subsec. (j)(1)(D), is Pub. L. 93-344, July 12, 1974, 88 
Stat. 297, as amended. For complete classification of this Act to the 
Code, see Short Title note set out under section 621 of Title 2, The 
Congress, and Tables.
    The Balanced Budget and Emergency Deficit Control Act of 1985, 
referred to in subsec. (j)(1)(D), is title II of Pub. L. 99-177, Dec. 
12, 1985, 99 Stat. 1038, as amended, which enacted chapter 20 (Sec. 900 
et seq.) and sections 654 to 656 of Title 2, amended sections 602, 622, 
631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106 and 1109 of 
Title 31, Money and Finance, and section 911 of Title 42, The Public 
Health and Welfare, repealed section 661 of Title 2, enacted provisions 
set out as notes under section 900 of Title 2 and section 911 of Title 
42, and amended provisions set out as a note under section 621 of Title 
2. For complete classification of this Act to the Code, see Short Title 
note set out under section 900 of Title 2 and Tables.
    The Budget Enforcement Act of 1990, referred to in subsec. 
(j)(1)(D), is title XIII of Pub. L. 101-508, Nov. 5, 1990, 104 Stat. 
1388-573. For complete classification of this Act to the Code, see Short 
Title of 1990 Amendment note set out under section 900 of Title 2 and 
Tables.
    Section 510 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1991, referred to in subsec. (j)(2), is 
section 510 of Pub. L. 101-513, title V, Nov. 5, 1990, 104 Stat. 2003, 
which is not classified to the Code.


                               Amendments

    1996--Subsec. (k)(3), (4). Pub. L. 104-114 added pars. (3) and (4).
    1994--Subsec. (j)(1)(C). Pub. L. 103-236 substituted ``sections 
2799aa and 2799aa-1'' for ``sections 2429 and 2429a''.

                         Change of Name

    Committee on Foreign Affairs of House of Representatives treated as 
referring to Committee on International Relations 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.


                    Effective Date of 1994 Amendment

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

                         Delegation of Functions

    For delegation of functions of President under this section, see Ex. 
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a 
note under section 2381 of this title.
    Functions of President under subsecs. (c) and (g) of this section 
delegated to Coordinator by section 2(c) of Ex. Ord. No. 12884, Dec. 1, 
1993, 58 F.R. 64099, set out as a note under section 5812 of this title.
    Functions of President under subsecs. (h) and (i) of this section 
delegated by section 5(a) of Ex. Ord. No. 12884 to head of agency 
responsible for administering the particular program or activity with 
respect to which the authority is to be exercised.


                     Trans-Caucasus Enterprise Fund

    Pub. L. 104-107, title II, [(t)], Feb. 12, 1996, 110 Stat. 714, 
provided that: ``The President shall establish a Trans-Caucasus 
Enterprise Fund to encourage regional peace through economic 
cooperation: Provided, That the President shall seek other bilateral and 
multilateral investors in the Fund: Provided further, That of the funds 
made available under this heading [Other Bilateral Economic Assistance, 
assistance for the new independent states of the former soviet union, 
see 110 Stat. 712], not less than $15,000,000 shall be made available 
for a United States investment in the Trans-Caucasus Enterprise Fund.''

                  Section Referred to in Other Sections

    This section is referred to in sections 2295, 2295a, 5814 of this 
title.
