
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: 22USC2370a]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                       Part I--General Provisions
 
Sec. 2370a. Expropriation of United States property


(a) Prohibition

    None of the funds made available to carry out this Act, the Foreign 
Assistance Act of 1961 [22 U.S.C. 2151 et seq.], or the Arms Export 
Control Act [22 U.S.C. 2751 et seq.] may be provided to a government or 
any agency or instrumentality thereof, if the government of such country 
(other than a country described if \1\ subsection (d) of this section)--
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    \1\ So in original. Probably should be ``in''.
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        (1) has on or after January 1, 1956--
            (A) nationalized or expropriated the property of any United 
        States person,
            (B) repudiated or nullified any contract with any United 
        States person, or
            (C) taken any other action (such as the imposition of 
        discriminatory taxes or other exactions) which has the effect of 
        seizing ownership or control of the property of any United 
        States person, and

        (2) has not, within the period specified in subsection (c) of 
    this section, either--
            (A) returned the property,
            (B) provided adequate and effective compensation for such 
        property in convertible foreign exchange or other mutually 
        acceptable compensation equivalent to the full value thereof, as 
        required by international law,
            (C) offered a domestic procedure providing prompt, adequate 
        and effective compensation in accordance with international law, 
        or
            (D) submitted the dispute to arbitration under the rules of 
        the Convention for the Settlement of Investment Disputes or 
        other mutually agreeable binding international arbitration 
        procedure.

(b) Other actions

    The President shall instruct the United States Executive Directors 
of each multilateral development bank and international financial 
institution to vote against any loan or other utilization of the funds 
of such bank or institution for the benefit of any country to which 
assistance is prohibited under subsection (a) of this section, unless 
such assistance is directed specifically to programs which serve the 
basic human needs of the citizens of that country.

(c) Period for settlement of claims

    The period of time described in subsection (a)(2) of this section is 
the latest of the following--
        (1) 3 years after the date on which a claim was filed,
        (2) in the case of a country that has a totalitarian or 
    authoritarian government at the time of the action described in 
    subsection (a)(1) of this section, 3 years after the date of 
    installation of a democratically elected government, or
        (3) 90 days after April 30, 1994.

(d) Excepted countries and territories

    This section shall not apply to any country established by 
international mandate through the United Nations or to any territory 
recognized by the United States Government to be in dispute.

(e) Resumption of assistance

    A prohibition or termination of assistance under subsection (a) of 
this section and an instruction to vote against loans under subsection 
(b) of this section shall cease to be effective when the President 
certifies in writing to the Speaker of the House of Representatives and 
to the Committee on Foreign Relations of the Senate that such government 
has taken one of the steps described in subsection (a)(2) of this 
section.

(f) Reporting requirement

    Not later than 90 days after April 30, 1994, and at the beginning of 
each fiscal year thereafter, the Secretary of State shall transmit to 
the Speaker of the House of Representatives and the Committee on Foreign 
Relations of the Senate, a report containing the following:
        (1) A list of every country in which the United States 
    Government is aware that a United States person has an outstanding 
    expropriation claim.
        (2) The total number of such outstanding expropriation claims 
    made by United States persons against each such country.
        (3) The period of time in which each such claim has been 
    outstanding.
        (4) The status of each case and efforts made by the United 
    States Government and the government of the country in which such 
    claim has been made, to take one or more of the steps described in 
    subsection (a)(2) of this section.
        (5) Each project a United States Executive Director voted 
    against as a result of the action described in subsection (b) of 
    this section.

(g) Waiver

    The President may waive the prohibitions in subsections (a) and (b) 
of this section for a country, on an annual basis, if the President 
determines and so notifies Congress that it is in the national interest 
to do so.

(h) ``United States person'' defined

    For the purpose of this section, the term ``United States person'' 
means a United States citizen or corporation, partnership, or 
association at least 50 percent beneficially owned by United States 
citizens.

(Pub. L. 103-236, title V, Sec. 527, Apr. 30, 1994, 108 Stat. 475.)

                       References in Text

    This Act, referred to in subsec. (a), is Pub. L. 103-236, Apr. 30, 
1994, 108 Stat. 382, known as the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995. For complete classification of this Act to 
the Code, see Short Title of 1994 Amendment note set out under section 
2651 of this title and Tables.
    The Foreign Assistance Act of 1961, as amended, referred to in 
subsec. (a), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, 
which is classified principally to this chapter (Sec. 2151 et seq.). For 
complete classification of this Act to the Code, see Short Title note 
set out under section 2151 of this title and Tables.
    The Arms Export Control Act, referred to in subsec. (a), is Pub. L. 
90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified 
principally to chapter 39 (Sec. 2751 et seq.) of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 2751 of this title and Tables.

                          Codification

    Section was enacted as part of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995, and not as part of the Foreign 
Assistance Act of 1961 which comprises this chapter.

  Delegation of Responsibilities Under Foreign Relations Authorization 
                     Act, Fiscal Years 1994 and 1995

    Memorandum of President of the United States, July 26, 1994, 59 F.R. 
40205, provided:
    Memorandum for the Secretary of State
    By the authority vested in me by the Constitution and laws of the 
United States of America, including section 301 of title 3 of the United 
States Code, I hereby delegate to the Secretary of State the functions 
vested in the President by the following provisions of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-
236) (the ``Act''): sections 102(g) [22 U.S.C. 287e note], 161(c) [22 
U.S.C. 2651a note], 401(b) [108 Stat. 446], 407(a) [22 U.S.C. 287b 
note], 409 [22 U.S.C. 287e note], 431(b) [108 Stat. 459], 514(b) [22 
U.S.C. 1928 note], 523 [108 Stat. 473], 527(e) and (g) [22 U.S.C. 
2370a(e), (g)], 528 [108 Stat. 477], 532(a) [108 Stat. 480], 574 [22 
U.S.C. 2656 note], 583(b)(1) and (b)(6) [108 Stat. 489, 490], 733 [22 
U.S.C. 2779a] and 735(d) [22 U.S.C. 2797b-1].
    The functions under section 407(a) of the Act [22 U.S.C. 287b note] 
shall be exercised in coordination with the Secretary of Defense.
    The functions under section 527(e) and (g) of the Act [22 U.S.C. 
2370a(e), (g)] shall be exercised in consultation with the Secretary of 
the Treasury and the heads of other departments and agencies, as 
appropriate.
    Any reference in this memorandum to any act, order, determination, 
or delegation of authority shall be deemed to be a reference to such 
act, order, determination, or delegation of authority as amended from 
time to time.
    The functions delegated by this memorandum may be redelegated within 
the Department of State.
    You are authorized and directed to publish this memorandum in the 
Federal Register.
                                                     William J. Clinton.

    Memorandum of President of the United States, Jan. 4, 1995, 60 F.R. 
3335, provided:
    Memorandum for the Secretary of the Treasury
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including section 301 of title 
3, United States Code, I hereby delegate to the Secretary of the 
Treasury the functions under section 527(b) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) [22 
U.S.C. 2370a(b)].
    Any reference in this memorandum to any Act, order, determination, 
or delegation of authority shall be deemed to be a reference to such 
Act, order, determination, or delegation of authority as amended.
    The functions delegated by this memorandum may be redelegated within 
the Department of the Treasury.
    You are authorized and directed to publish this memorandum in the 
Federal Register.
                                                     William J. Clinton.
