{"identifier":"/us/usc/t22/s2295b","title":22,"num":"\u00a7\u202f2295b.","heading":"Authorities relating to assistance and other provisions","text":"\u00a7\u202f2295b.\nAuthorities relating to assistance and other provisions\n(a)\nAssistance through governments and nongovernmental organizations\nAssistance under this part may be provided to governments or through nongovernmental organizations.\n(b)\nTechnical and managerial assistance\nTechnical 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.\n(c)\nEnterprise funds\nActivities 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 [\n22 U.S.C. 5421\n(d)\nCooperative development and research projects\nAssistance 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.\n(e)\nAdministration of justice programs\nIn order to strengthen the administration of justice in the independent states of the former Soviet Union under paragraph (2)(J) of\nsection 2295 of this title\nsection 2346c of this title\n(f)\nUse of economic support funds\nAny 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.\n(g)\nUse of SEED agency funds and administrative authorities\nThe 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 [\n(1) any funds that are available to it for activities related to international affairs outside Eastern Europe, and\n(2) any administrative authorities that are available to it for activities with respect to Eastern Europe,\nto conduct activities authorized by\nsection 2295 of this title\n(h)\nProcurement restrictions\nFunds made available for assistance under this part may be used for procurement\u2014\n(1) in the United States, the independent states of the former Soviet Union, or a developing country; or\n(2) in any other country but only if\u2014\n(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\n(B) the President determines, on a case-by-case basis, that procurement in such other country is necessary\u2014\n(i) to meet unforseen\n1\n1 So in original. Probably should be \u201cunforeseen\u201d.\n(ii) to promote efficiency in the use of United States foreign assistance resources, including to avoid impairment of foreign assistance objectives.\n(i)\nTerms and conditions\nAssistance 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)).\n(j)\nWaiver of certain provisions\n(1)\nIn general\nFunds 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), may be used to provide assistance under this part notwithstanding any other provision of law, except for\u2014\n(A) this part;\n(B) section 2394\u20131 of this title\n(C) sections 2799aa and 2799aa\u20131 of this title and sections 5604 and 5605 of this title, to the extent that they apply to assistance to governments; and\n(D) section 1341 of title 31\n(2)\nNuclear reactor safety and related activities\nAny 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.\n(k)\nDefinitions\n(1)\nAppropriate congressional committees\nAs used in this part, the term \u201cappropriate congressional committees\u201d 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.\n(2)\nIndependent states of the former Soviet Union\nAs used in this part, the terms \u201cindependent states of the former Soviet Union\u201d and \u201cindependent states\u201d have the meaning given those terms by\nsection 5801 of this title\n(3)\nNonmarket based trade\nAs used in\n(A) exports to the Cuban Government on terms that involve a grant, concessional price, guaranty, insurance, or subsidy;\n(B) imports from the Cuban Government at preferential tariff rates;\n(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\n(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.\n(4)\nCuban Government\n(A) The term \u201cCuban Government\u201d includes the government of any political subdivision of Cuba, and any agency or instrumentality of the Government of Cuba.\n(B) For purposes of subparagraph (A), the term \u201cagency or instrumentality of the Government of Cuba\u201d means an agency or instrumentality of a foreign state as defined in\nsection 1603(b) of title 28","url":"https://projectusc.org/usc/t22/s2295b.html","content":[{"t":"sec","id":"/us/usc/t22/s2295b","children":[{"t":"num","text":"\u00a7\u202f2295b."},{"t":"heading","text":"Authorities relating to assistance and other provisions"},{"t":"subsec","id":"/us/usc/t22/s2295b/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Assistance through governments and nongovernmental organizations"},{"t":"content","children":[{"t":"p","text":"Assistance under this part may be provided to governments or through nongovernmental organizations.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2295b/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Technical and managerial assistance"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2295b/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Enterprise funds"},{"t":"content","children":[{"t":"p","text":"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 [","children":[{"t":"ref","text":"22 U.S.C. 5421","href":"/us/usc/t22/s5421","tail":"] (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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2295b/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Cooperative development and research projects"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2295b/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Administration of justice programs"},{"t":"content","children":[{"t":"p","text":"In order to strengthen the administration of justice in the independent states of the former Soviet Union under paragraph (2)(J) of ","children":[{"t":"ref","text":"section 2295 of this title","href":"/us/usc/t22/s2295","tail":", the President may exercise the same authorities as are available under "},{"t":"ref","text":"section 2346c of this title","href":"/us/usc/t22/s2346c","tail":", subject to the limitations and requirements of that section, other than subsection (c) and the last two sentences of subsection (e)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2295b/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Use of economic support funds"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2295b/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Use of SEED agency funds and administrative authorities"},{"t":"chapeau","text":"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 [","children":[{"t":"ref","text":"22 U.S.C. 5401","href":"/us/usc/t22/s5401","tail":" et seq.] to use\u2014"}]},{"t":"para","id":"/us/usc/t22/s2295b/g/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" any funds that are available to it for activities related to international affairs outside Eastern Europe, and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2295b/g/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" any administrative authorities that are available to it for activities with respect to Eastern Europe,","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"to conduct activities authorized by ","children":[{"t":"ref","text":"section 2295 of this title","href":"/us/usc/t22/s2295","tail":" with respect to the independent states of the former Soviet Union."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2295b/h","children":[{"t":"num","text":"(h)"},{"t":"heading","text":"Procurement restrictions"},{"t":"chapeau","text":"Funds made available for assistance under this part may be used for procurement\u2014"},{"t":"para","id":"/us/usc/t22/s2295b/h/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" in the United States, the independent states of the former Soviet Union, or a developing country; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2295b/h/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" in any other country but only if\u2014"},{"t":"subpara","id":"/us/usc/t22/s2295b/h/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s2295b/h/2/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" the President determines, on a case-by-case basis, that procurement in such other country is necessary\u2014"},{"t":"clause","id":"/us/usc/t22/s2295b/h/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" to meet unforseen\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be \u201cunforeseen\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201cunforeseen\u201d.","tail":" circumstances, such as emergency situations, where it is important to permit procurement in a country not specified in paragraph (1), or"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s2295b/h/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" to promote efficiency in the use of United States foreign assistance resources, including to avoid impairment of foreign assistance objectives.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2295b/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"Terms and conditions"},{"t":"content","children":[{"t":"p","text":"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)).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2295b/j","children":[{"t":"num","text":"(j)"},{"t":"heading","text":"Waiver of certain provisions"},{"t":"para","id":"/us/usc/t22/s2295b/j/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"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), may be used to provide assistance under this part notwithstanding any other provision of law, except for\u2014"},{"t":"subpara","id":"/us/usc/t22/s2295b/j/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" this part;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s2295b/j/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" ","children":[{"t":"ref","text":"section 2394\u20131 of this title","href":"/us/usc/t22/s2394\u20131","tail":" and comparable notification requirements contained in sections of the annual foreign operations, export financing, and related programs Act;"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s2295b/j/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" sections 2799aa and 2799aa\u20131 of this title and sections 5604 and 5605 of this title, to the extent that they apply to assistance to governments; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s2295b/j/1/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" ","children":[{"t":"ref","text":"section 1341 of title 31","href":"/us/usc/t31/s1341","tail":" (commonly referred to as the \u201cAnti-Deficiency Act\u201d), 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2295b/j/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Nuclear reactor safety and related activities"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2295b/k","children":[{"t":"num","text":"(k)"},{"t":"heading","text":"Definitions"},{"t":"para","id":"/us/usc/t22/s2295b/k/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Appropriate congressional committees"},{"t":"content","children":[{"t":"p","text":"As used in this part, the term \u201cappropriate congressional committees\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2295b/k/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Independent states of the former Soviet Union"},{"t":"content","children":[{"t":"p","text":"As used in this part, the terms \u201cindependent states of the former Soviet Union\u201d and \u201cindependent states\u201d have the meaning given those terms by ","children":[{"t":"ref","text":"section 5801 of this title","href":"/us/usc/t22/s5801","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2295b/k/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Nonmarket based trade"},{"t":"chapeau","text":"As used in ","children":[{"t":"ref","text":"section 2295a(b)(5) of this title","href":"/us/usc/t22/s2295a/b/5","tail":", the term \u201cnonmarket based trade\u201d 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\u2014"}]},{"t":"subpara","id":"/us/usc/t22/s2295b/k/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" exports to the Cuban Government on terms that involve a grant, concessional price, guaranty, insurance, or subsidy;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s2295b/k/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" imports from the Cuban Government at preferential tariff rates;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s2295b/k/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s2295b/k/3/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2295b/k/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Cuban Government"},{"t":"subpara","id":"/us/usc/t22/s2295b/k/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" The term \u201cCuban Government\u201d includes the government of any political subdivision of Cuba, and any agency or instrumentality of the Government of Cuba.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s2295b/k/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" For purposes of subparagraph (A), the term \u201cagency or instrumentality of the Government of Cuba\u201d means an agency or instrumentality of a foreign state as defined in ","children":[{"t":"ref","text":"section 1603(b) of title 28","href":"/us/usc/t28/s1603/b","tail":", with each reference in such section to \u201ca foreign state\u201d deemed to be a reference to \u201cCuba\u201d."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}