
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-81]
[CITE: 22USC2374]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                       Part I--General Provisions
 
Sec. 2374. Prohibition on assistance to Afghanistan


(a) Prohibition; conditions for resumption of assistance

    None of the funds authorized to be appropriated under this chapter 
may be used to furnish assistance to Afghanistan nor may funds 
authorized to be appropriated under this chapter before October 1, 1979, 
be expended for assistance to Afghanistan until the President certifies 
to the Congress that--
        (1) the Government of Afghanistan has apologized officially and 
    assumes responsibility for the death of Ambassador Adolph Dubs; and
        (2) the Government of Afghanistan agrees to provide adequate 
    protection for all personnel of the United States Government in 
    Afghanistan.

(b) Substantially changed circumstances

    The provisions of subsection (a) of this section shall not apply if 
the President determines that such assistance is in the national 
interest of the United States because of substantially changed 
circumstances in Afghanistan.

(Pub. L. 87-195, pt. III, Sec. 620D, as added Pub. L. 96-53, title V, 
Sec. 505, Aug. 14, 1979, 93 Stat. 378.)

                       References in Text

    This chapter, referred to in subsec. (a), was in the original ``this 
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, 
known as the Foreign Assistance Act of 1961. For complete classification 
of this Act to the Code, see Short Title note set out under section 2151 
of this title and Tables.


                             Effective Date

    Section effective Oct. 1, 1979, see section 512(a) of Pub. L. 96-53, 
set out as an Effective Date of 1979 Amendment note under section 2151 
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.


                         Humanitarian Assistance

    Pub. L. 99-83, title IX, Sec. 904, Aug. 8, 1985, 99 Stat. 268, 
provided that:
    ``(a) Authorization.--The President may make available funds 
authorized to be appropriated to carry out chapter 4 of part II of the 
Foreign Assistance Act of 1961 [part IV of subchapter II of this 
chapter] (relating to the economic support fund) for the provision of 
food, medicine, or other humanitarian assistance to the Afghan people, 
notwithstanding any other provision of law.
    ``(b) Earmarking of Funds.--Each fiscal year, not less than 
$15,000,000 of the aggregate amount of funds available to carry out 
chapter 4 of part II of the Foreign Assistance Act of 1961 shall be 
available only for humanitarian assistance to the Afghan people pursuant 
to subsection (a) of this section.
    ``(c) Effective Dates.--This section shall take effect on the date 
of enactment of this Act [Aug. 8, 1985], except that subsection (b) 
shall not apply to fiscal year 1985.''

                Assistance to and Trade With Afghanistan

    Determination of President of the United States, No. 93-3, Oct. 7, 
1992, 57 F.R. 47557, provided:
    Memorandum for the Secretary of State
    By virtue of the authority vested in me by section 620D(b) of the 
Foreign Assistance Act of 1961, as amended (22 U.S.C. 2374(b)), I hereby 
determine that furnishing assistance to Afghanistan with funds 
authorized to be appropriated under that Act is in the national interest 
of the United States because of substantially changed circumstances in 
Afghanistan.
    By virtue of the authority vested in me by section 2(b)(2)(C) of the 
Export-Import Bank Act of 1945, as amended (12 U.S.C. 635(b)(2)(C)), I 
hereby determine that Afghanistan has ceased to be a Marxist-Leninist 
country within the definition of such term in subparagraph (B)(i) of 
section 2(b)(2) of that Act (12 U.S.C. 635(b)(2)(B)(i)).
    In accordance with section 118(c)(1) of Public Law 99-190 (99 Stat. 
1319), I hereby provide notice of my intention to restore 
nondiscriminatory trade treatment to the products of Afghanistan no 
sooner than 30 days following receipt by the Congress of this 
memorandum.
    Attached to this determination is a Statement of Justification for 
these actions, setting forth, among other things, a description of U.S. 
national interests in resuming assistance and normal trade ties with 
Afghanistan. [Text of Statement of Justification appears at 57 F.R. 
47557.]
    You are authorized and directed to report these actions to the 
Congress and to publish this memorandum in the Federal Register.
                                                            George Bush.
