22 U.S.C. § 2370a | Expropriation of United States property

(a)

Prohibition

1 So in original. Probably should be “in”.

None of the funds made available to carry out this Act, the Foreign Assistance Act of 1961 [ et seq.], or the Arms Export Control Act [ 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  subsection (d))—

(1)

January 1, 1956 has on or after —

(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), 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), 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) 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), 3 years after the date of installation of a democratically elected government, or

(3)

April 30, 1994 90 days after .

(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) and an instruction to vote against loans under subsection (b) 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).

(f)

Reporting requirement

April 30, 1994Not later than 90 days after , 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).

(5)

Each project a United States Executive Director voted against as a result of the action described in subsection (b).

(g)

Waiver

The President may waive the prohibitions in subsections (a) and (b) 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.

(i)

Certain claims for expropriation by the Government of Nicaragua

(1)

January 1, 1956January 9, 2002 Any action of the types set forth in subparagraphs (A), (B), and (C) of subsection (a)(1) that was taken by the Government of Nicaragua during the period beginning on , and ending on , shall not be considered in implementing the prohibition under subsection (a) unless the action has been presented in accordance with the procedure set forth in paragraph (2).

(2)

An action shall be deemed presented for purposes of paragraph (1) if it is—

(A)

in writing; and

(B)

received by the United States Department of State on or before 120 days after the date specified in paragraph (3) at—

(i)

the headquarters of the United States Department of State in Washington, D.C.; or

(ii)

the Embassy of the United States of America to Nicaragua.

(3)

December 8, 2004 The date to which paragraph (2) refers is a date after , that is specified by the Secretary of State, in the Secretary’s discretion, in a notice published in the Federal Register.

Pub. L. 103–236, title V, § 527Apr. 30, 1994108 Stat. 475 Pub. L. 108–447, div. D, title V, § 584(c)Dec. 8, 2004118 Stat. 3032(, , ; , , .)

Editorial Notes

References in Text

Pub. L. 103–236Apr. 30, 1994108 Stat. 382 section 2651 of this titleThis Act, referred to in subsec. (a), is , , , 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 and Tables.

Pub. L. 87–195Sept. 4, 196175 Stat. 424 section 2151 of this titleThe Foreign Assistance Act of 1961, as amended, referred to in subsec. (a), is , , , which is classified principally to this chapter (§ 2151 et seq.). For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 90–629Oct. 22, 196882 Stat. 1320 section 2751 of this titleThe Arms Export Control Act, referred to in subsec. (a), is , , , which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under 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.

Amendments

Pub. L. 108–4472004—Subsec. (i). added subsec. (i).

Executive Documents

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

July 26, 1994Memorandum of President of the United States, , 59 F.R. 40205, provided:

Memorandum for the Secretary of State

section 301 of title 3 Public Law 103–236 22 U.S.C. 287e 22 U.S.C. 2651a 108 Stat. 446 22 U.S.C. 287b 22 U.S.C. 287e 108 Stat. 459 22 U.S.C. 1928 108 Stat. 473 22 U.S.C. 2370a(e)108 Stat. 477 108 Stat. 480 22 U.S.C. 2656 108 Stat. 489 22 U.S.C. 2779a 22 U.S.C. 2797b–1By the authority vested in me by the Constitution and laws of the United States of America, including 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 () (the “Act”): sections 102(g) [ note], 161(c) [ note], 401(b) [], 407(a) [ note], 409 [ note], 431(b) [], 514(b) [ note], 523 [], 527(e) and (g) [, (g)], 528 [], 532(a) [], 574 [ note], 583(b)(1) and (b)(6) [, 490], 733 [] and 735(d) [].

22 U.S.C. 287bThe functions under section 407(a) of the Act [ note] shall be exercised in coordination with the Secretary of Defense.

22 U.S.C. 2370a(e)The functions under section 527(e) and (g) of the Act [, (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.

Jan. 4, 1995Memorandum of President of the United States, , 60 F.R. 3335, provided:

Memorandum for the Secretary of the Treasury

section 301 of title 3 Public Law 103–236 22 U.S.C. 2370a(b)By the authority vested in me as President by the Constitution and the laws of the United States of America, including , 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 () [].

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.