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870

(e)s (1) 871 The President shall suspend assistance to the government of any country to which assistance is provided under this or any other Act when the government of such country or any government agency or subdivision within such country on or after January 1, 1962–

(A) 872 has nationalized or expropriated or seized ownership or control of property owned by any United States citizen or by any corporation, partnership, or association not less than 50 per centum beneficially owned by United States citizens, or

(B) 872 has taken steps to repudiate or nullify existing contracts or agreements with any United States citizen or any corporation, partnership, or association not less than 50 per centum beneficially owned by United States citizens, or

(C) 872 has imposed or enforced discriminatory taxes or other exactions, or restrictive maintenance or operational conditions, or has taken other actions, which have the effect of nationalizing, expropriating, or otherwise seizing ownership or control of

property so owned, and such country, government agency, or government subdivision fails within a reasonable time (not more than six months after such action, or, in the event of a referral to the Foreign Claims Settlement Commission of the United States within such period as provided herein, not more than twenty days after the report of the Commission is received) to take appropriate steps, which may include arbitration, to discharge its obligations under international law toward such citizen or entity, including speedy compensation for such property in convertible foreign exchange, equivalent to the full value thereof, as required by international law, or fails to take steps designed to provide relief from such taxes, exactions, or conditions, as the case may be; and such suspension shall continue until the President is satisfied that appropriate steps are being taken, and the provisions of this subsection shall not be waived with respect to any country unless the President determines and certifies that such a waiver is important to the national interests of the United States. Such certification shall be reported immediately to Congress.873

Upon request of the President (within seventy days after such action referred to in subparagraphs (A), (B), or (C) of paragraph (1) 874 of this section), the Foreign Claims Settlement Commission of the United States (established pursuant to Reorganization Plan No. 1 of 1954, 68 Stat. 1279) is hereby authorized to evaluate expropriated property, determining the full value of any property nationalized, expropriated, or seized, or subject to discriminatory or other actions as aforesaid, for purposes of this subsection and to render an advisory report to the President within ninety days after such request. Unless authorized by the President, the Commission shall not publish its advisory report except to the citizen or entity owning such property. There is hereby authorized to be appropriated such amount, to remain available until expended, as may be necessary from time to time to enable the Commission to carry out expeditiously its functions under this subsection.

870 Subsec. (e) was added by sec. 301(d)(3) of the FA Act of 1962 and was amended by sec. 301(e)(2) of the FA Act of 1963 and by secs. 301(dx1) and (2) of the FA Act of 1964.

871 Subsec. (eX1) is popularly referred to as the Hickenlooper amendment. Paragraph designation “(1)” was added by sec. 301(d)(1) of the FA Act of 1964.

Sec. 5(b) of the Africa Famine Relief and Recovery Act of 1985 (Public Law 99–8; 99 Stat. 22), permitted assistance with funds appropriated by the Act without regard to sec. 620(eX1). For text, see Legislation on Foreign Relations Through 2001, vol. I-B.

872 Sec. 301(0/2) of the FA Act of 1964 redesignated subpars. (1), (2), and (3) as subpars. (A), (B), and (C), respectively.

873 The words to this point, beginning with “the provisions of this subsection *** were inserted in lieu of “no other provision of this Act shall be construed to authorize the President to waive the provisions of this subsection,” by sec. 15 of the FA Act of 1973.

874 Sec. 301(d)(3) of the FA Act of 1964 inserted “subparagraphs (A), (B), or (C) of paragraph (1)” in lieu of “paragraphs (1), (2), or (3)".

(2) 875 Notwithstanding any other provision of law, no court in the United States shall decline on the ground of the federal act of state doctrine to make a determination on the merits giving effect to the principles of international law in a case in which claim of title or other right to property 876 is asserted by any party including a foreign state (or a party claiming through such state) based upon (or traced through) a confiscation or other taking after January 1, 1959, by an act of that state in violation of the principles of international law, including the principles of compensation and the other standards set out in this subsection: Provided, That this subparagraph shall not be applicable (1) in any case in which an act of a foreign state is not contrary to international law or with respect to a claim of title or other right to property acquired pursuant to an irrevocable letter of credit of not more than 180 days duration issued in good faith prior to the time of the confiscation or other taking, or (2) in any case with respect to which the President determines that application of the act of state doctrine is required in that particular case by the foreign policy interests of the United States and a suggestion to this effect is filed on his behalf in that case with the court.877

875 Par. (2) was added by sec. 301(d)(4) of the FA Act of 1964.
876 Sec. 301(dX2) of the FA Act of 1965 inserted the words “to property".

877 The words ", or (3) in any case in which the proceedings are commenced after January 1, 1966", which appeared at this point, were struck out by sec. 301(d)(2) of the FA Act of 1965.

Sec. 527 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 22 U.S.C. 2370a), however, provided the following:

"SEC. 527. EXPROPRIATION OF UNITED STATES PROPERTY.

"(a) PROHIBITION.-None of the funds made available to carry out this Act, the Foreign Assistance Act of 1961, or the Arms Export Control Act 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) 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), 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

Continued

(f) 878 (1) 879 No assistance shall be furnished under this Act, as amended (except section 214(b)), to any Communist country. This restriction may not be waived pursuant to any authority contained in this Act unless the President finds and promptly reports to Congress that: (A) such assistance is vital to the security of the United States; (B) the recipient country is not controlled by the international Communist conspiracy; and (C) such assistance will further promote the independence of the recipient country from international communism. For the purposes of this subsection, the phrase "Communist country” includes specifically, but is not limited to, the following countries: 880

"(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 (aX1), 3 years after the date of installation of a democratically elected government, or

"(3) 90 days after the date of enactment of this Act. "(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 (aX2).

"(f) REPORTING REQUIREMENT.-Not later than 90 days after the date of enactment of this Act 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 (aX2).

“(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) DEFINITIONS.—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.".

878 Subsec. (f) was added by sec. 301(d)(3) of the FA Act of 1962.

Sec. 516 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (division A, sec. 101(d) of Public Law 105–277; 112 Stat. 2681), amended sec. 307 of this Act to include a reference to sec. 620(f).

879 Sec. 1202 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 276) redesignated clauses “(1)", "(2)” and “(3)" as “(A)", "(B)” and “(C)"; added the text of par. (2); and added the “(1)” designation immediately after subsec. (f).

The Secretary of State determined the following countries to be removed from the application of section 620(f)(2) pursuant to national interests of the United States: People's Republic of China and Tibet, removed December 11, 1985 (51 F.R. 1890; January 15, 1986); Yugoslavia, removed August 5, 1986 (51 F.R. 29662; August 19, 1986); Poland and Hungary, removed Sept. 7, 1989 (Department of State memoranda to Chairman, House Committee on Foreign Affairs, Sept. 7, 1989); Czech and Slovak Federal Republic, removed June 14, 1990 (55 F.R. 24335; June 15, 1990); German Democratic Republic, removed July 12, 1990 (55 F.R. 33996; August 20, 1990); Republic of Bulgaria, removed May 3, 1991 (56 F.R. 22747; May 16, 1991); Soviet Union, removed September 10, 1991 (56 F.R. 51734; October 15, 1991); Estonia, Latvia, and Lithuania, removed September 14, 1991 (56 F.R. 48600; September 25, 1991); Romania, removed August 15, 1991 (56 F.R. 63753; December 5, 1991); Laos, removed May 12, 1995 (60 F.R. 30148; June 7, 1995); Vietnam, removed sometime in 2000 (undated unpublished determination),

880 Sec. 573 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (Public Law 103–306; 108 Stat. 1653), struck the Mongolian People's Republic from the list.

Previously, Sec. 901 of the FREEDOM Support Act (Public Law 102-511; 106 Stat. 3355) struck the Czechoslovak Socialist Republic, Estonia, German Democratic Republic, Hungarian People's Republic, Latvia, Lithuania, People's Republic of Albania, People's Republic of Bulgaria, Polish People's Republic, Socialist Federal Republic of Yugoslavia, Socialist Republic of Romania, and Union of Soviet Socialist Republics (including its captive constituent republics) from the list.

Democratic People's Republic of Korea.
People's Republic of China.
Republic of Cuba.
Socialist Republic of Vietnam.

Tibet. (2) 879 Notwithstanding the provisions of paragraph (1) of this subsection, the President may remove a country, for such period as the President determines, from the application of this subsection, and other provisions which reference this subsection, if the President determines and reports to the Congress that such action is important to the national interest of the United States. It is the sense of the Congress that when consideration is given to authorizing assistance to a country removed from the application of this subsection, one of the factors to be weighed, among others, is whether the country in question is giving evidence of fostering the establishment of a genuinely democratic system, with respect for internationally recognized human rights.

(g) 881 Notwithstanding any other provision of law, no monetary assistance shall be made available under this Act to any government or political subdivision or agency of such government which will be used to compensate owners for expropriated or nationalized property and, upon finding by the President that such assistance has been used by any government for such purpose, no further assistance under this Act shall be furnished to such government until appropriate reimbursement is made to the United States for sums so diverted. This prohibition shall not apply to monetary assistance made available for use by a government (or a political subdivision or agency of a government) to compensate nationals of that country in accordance with a land reform program, if the President determines that monetary assistance for such land reform program will further the national interests of the United States. 882

(h) 881 The President shall adopt regulations and establish procedures to insure that United States foreign aid is not used in a manner which, contrary to the best interests of the United States, promotes or assists the foreign aid projects or activities of any country that is a Communist country for purposes of subsection (f).883

(i) 884 * * * [Repealed—1981)

Previously, sec. 707 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1546) made technical changes to this sentence in subsec. (f) and to the list of countries.

881 Subsecs. (g) and (h) were added by sec. 301(d)(3) of the FA Act of 1962.

882 The last sentence of subsec. (g) was added by sec. 1203 of the International Security and Development Cooperation Act of 1985 (Public Law 99–83; 99 Stat. 277).

883 Sec. 705(3) of the FRIENDSHIP Act (Public Law 103–199; 107 Stat. 2317) struck out "the Communist-bloc countries”, and inserted in lieu thereof “any country that is a Communist country for purposes of subsection (f)”.

884 Subsec. (i), as added by sec. 301(e)(3) of the FA Act of 1963 and amended by sec. 301(h)(1) of the FA Act of 1966, was repealed by sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). Formerly, subsec. (i) had prohibited any foreign assistance or sales under Public Law 480 to countries engaging in or preparing for aggressive military efforts or participating in an international conference involving the planning of insurrection or subversion directed against the United States or other nations receiving American foreign aid or Public Law 480 sales.

(j) 885 The President shall consider terminating assistance under this or any other Act to any country which permits, or fails to take adequate measures to prevent, the damage or destruction by mob action of United States property within such country, and fails to take appropriate measures to prevent a recurrence thereof and to provide adequate compensation for such damage or destruction.

(k) 886 Without the express approval of Congress, no assistance shall be furnished under this Act to any country for construction of any productive enterprise with respect to which the aggregate value of assistance to be furnished by the United States will exceed $100,000,000, except that this sentence does not apply with respect to assistance for construction of any productive enterprise in Egypt which is described in the presentation materials to Congress. 887 Except as otherwise provided in section 506,888 no military assistance to be furnished beginning July 1, 1966, by the United States will exceed $100,000,000 unless such program has been included in the presentation to the Congress during its consideration of authorizations for appropriations under this Act or of appropriations pursuant to authorizations contained in this Act. No provision of this or any other Act shall be construed to authorize the President to waive the provisions of this subsection.

(1) 889 The President shall consider denying assistance under this Act to the government of any less developed country which, after December 31, 1966, has failed to enter into an agreement with the President to institute the investment guaranty program under section 234(a)(1) of this Act, providing protection against the specific risks of inconvertibility under subparagraph (A), and expropriation or confiscation under subparagraph (B), of such section 234(a)(1).

(m) 890 * * * [Repealed-1981)

885 Subsec. (j), which was added by sec. 301(e)(3) of the FA Act of 1963, was amended by sec. 301(1)(1) of the FA Act of 1967. It formerly read as follows: "No assistance under this Act shall be furnished to Indonesia unless the President determines that the furnishing of such assistance is essential to the national interest of the United States. The President shall keep the Foreign Relations Committee and the Appropriations Committee of the Senate and the Speaker of the House of Representatives fully and currently informed of any assistance furnished to Indonesia under this Act.”.

886 Subsec. (k), which was added by sec. 301(e)(3) of the FA Act of 1963, was amended by sec. 301(h)(2) of the FA Act of 1966. It formerly read as follows:

“(k) Until the enactment of the Foreign Assistance Act of the 1965 or other general legislation, during the calendar year 1965, authorizing additional appropriations to carry out programs of assistance under this Act, no assistance shall be furnished under this Act to any country for construction of any productive enterprise with respect to which the aggregate value of such assistance to be furnished by the United States will exceed $100,000,000. No other provision of this Act shall be construed to authorize the President to waive the provisions of this subsection.".

887 The words to this point beginning with “, except that this sentence does not apply" were added by sec. 606 of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94–329; 90 Stat. 757). A reference to fiscal years 1977, 1980, and 1981, which previously appeared at the end of this sentence (the latter two were added by sec. 203 of Public Law 96-533 (94 Stat. 3145)), was deleted by sec. 702 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1544).

8A8 Sec. 301(f2) of the FA Act of 1967 inserted “506” for “510".

889 Subsec. (1), which was added by sec. 301(e)(3) of the FA Act of 1963, was amended by sec. 301(h)(3) of the FA Act of 1936. It formerly read as follows:

“(1) No assistance shall be provided under this Act after December 31, 1966, to the government of any less developed country which has failed to enter into an agreement with the President to institute the investment guaranty program under section 221(b)(1) of this Act, providing protection against the specific risks of inconvertibility under subparagraph (A), and expropriation or confiscation under subparagraph (B), of such section 221(b)(1).”.

890 Subsec. (m), prohibiting assistance on a grant basis to any economically developed nation with certain condition, added by sec. 301(e)3) of the FA Act of 1963, amended by sec. 301(g) of the FA Act of 1964, was repealed by sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).

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