Sec. 614.722 Special Authorities.-(a) 722, 723 (1) The President may authorize the furnishing of assistance under this Act without regard to any provision of this Act, the Arms Export Control Act, any law relating to receipts and credits accruing to the United States, and any Act authorizing or appropriating funds for use under this Act, in furtherance of any of the purposes of this Act, when the President determines, and so notifies in writing the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, that to do so is important to the security interests of the United States.724

722 22 U.S.C. 2364.

723 Subsec. (a), as amended by the FA Act of 1966 and the FA Act of 1967, was further amended and restated by sec. 117(a) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3140), and by sec. 128 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 209). It formerly read as follows:

"(a) The President may authorize in each fiscal year the use of funds made available for use under this Act and the furnishing of assistance under section 506 in a total amount not to exceed $250,000,000 and the use of not to exceed $100,000,000 of foreign currencies accruing under this Act or any other law without regard to the requirements of this Act, any law relating to receipts and credits accruing to the United States, any Act appropriating funds for use under this Act, or the Mutual Defense Assistance Control Act of 1951 (22 U.S.C. 1611 et seq.), in furtherance of any of the purposes of such Acts, when the President determines that such authorization is important to the security of the United States. Not more than $50,000,000 of the funds available under this subsection may be allocated to any one country in any fiscal year. The limitation contained in the preceding sentence shall not apply to any country which is a victim of active Communist or Communist-supported aggression. The authority of this section shall not be used to waive the limitations on transfers contained in section 610(a) of this Act.".

724 In a February 1, 1994, memorandum to the Secretary of State, the President, pursuant to section 614(aX1):

"(1) determine[d] that it is important to the security interests of the United States to furnish up to $12 million under Chapter 6 of Part II of the Act, from funds appropriated for Peacekeeping Operations (PKO) for fiscal year 1994, for purposes of supporting efforts to reestablish police forces in Somalia, without regard to section 512 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 (Public Law 103-87), and sections 620(q) and 660 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), or any other provision of law within the scope of section 614(aX1) of that Act; and

"(2) authorize[d] the furnishing of such assistance." (Presidential Determination No. 9414 of February 1, 1994; 59 F.R. 5931). In a March 20, 1994, memorandum to the Secretary of State, the President, pursuant to section 614(aX1), determined that:

**** it is important to the security interests of the United States to furnish $6.923 million in funds made available under chapter 6 of part II of the Act for fiscal year 1994 to furnish assistance for sanctions enforcement against Serbia and Montenegro without regard to any provision of law within the scope of section 614(aX1), including section 660 of the Act. I hereby authorize the furnishing of such assistance." (Presidential Determination No. 94-17 of March 20, 1994; 59 F.R. 14735).

In an August 18, 1994, memorandum to the Secretary of State, the President, pursuant to section 614(aX1), determined that:

*** it is important to the security interests of the United States to furnish up to $4.312 million in funds made available under chapter 6 of part II of the Act for assistance for sanctions enforcement against Serbia and Montenegro without regard to any provision of law within the scope of section 614(aX1), including section 660 of the Act. I hereby authorize the furnishing of such assistance." (Presidential Determination No. 94-43 of August 18, 1994; 59 F.R. 44889).

In an August 31, 1994, memorandum to the Administrator of the Agency for International Development, the President, pursuant to section 614(aX1), determined that:

** it is important to the security interests of the United States to furnish assistance to South Africa, in the form of Housing Guaranty loans of up to $75 million, without regard to any limitations contained in the Fiscal Year 1994 Foreign Operations, Export Financing, and Related Programs Appropriations Act." (Presidential Determination No. 94-45 of August 31, 1994; 59 F.R. 46889).

In a September 30, 1994, memorandum to the Secretary of State, the President, pursuant to sections 226(b) and 614(aX1), determined that:

"(1) $311.8 million of loan guarantee authority pursuant to section 226(a) and (b) of the Act for Fiscal Year 1995 is subject to the deduction requirements of section 226(d) of the Act; and

"(2) it is important to the security interests of the United States that the aforementioned amount shall be reduced by $95 million without regard to the deduction requirement of sec

(2) The President may make sales, extend credit, and issue guarantees under the Arms Export Control Act, without regard to any provision of this Act, the Arms Export Control Act, any law relating to receipts and credits accruing to the United States, and any Act authorizing or appropriating funds for use under the Arms Export Control Act, in furtherance of any of the purposes of such Act, when the President determines, and so notifies in writing the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, that to do so is vital to the national security interests of the United States.

(3) Before exercising the authority granted in this subsection, the President shall consult with, and shall provide a written policy justification to, 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.

(4) 725 (A) The authority of this subsection may not be used in any fiscal year to authorize

(i) more than $750,000,000 in sales to be made under the Arms Export Control Act;

(ii) the use of more than $250,000,000 of funds made available for use under this Act or the Arms Export Control Act; and

(iii) the use of more than $100,000,000 of foreign currencies accruing under this Act or any other law.

(B) If the authority of this subsection is used both to authorize a sale under the Arms Export Control Act and to authorize funds to be used under the Arms Export Control Act or under this Act with respect to the financing of that sale, then the use of the funds shall be counted against the limitation in subparagraph (A)(ii) and the portion, if any, of the sale which is not so financed shall be counted against the limitation in subparagraph (A)(i).

(C) Not more than $50,000,000 of the $250,000,000 limitation. provided in subparagraph (A)(ii) may be allocated to any one country in any fiscal year unless that country is a victim of active 726

tion 226(d) of the Act or any other provision of law within the scope of section 614 of the Act;

"Therefore, I hereby direct that such $95 million in loan guarantee authority shall remain available pursuant to section 226(a) and (b) of the Act and that $216.8 million in loan guarantee authority shall be deducted pursuant to section 226(d) of the Act." (Presidential Determination No. 94-57 of September 30, 1994; 59 F.R. 52057).

In a February 6, 1995, memorandum to the Secretary of State, the President, pursuant to section 614(8X1), determined that:

it is important to the security interests of the United States to furnish up to $17 million in funds made available under chapter 6 of part II of the Act for fiscal year 1995 to furnish assistance for enforcing the Serbia and Montenegro sanctions program without regard to any provision of law within the scope of section 614(aX1), including section 660 of the Act. I hereby authorize the furnishing of such assistance." (Presidential Determination No. 95-14 of February 6, 1995; 60 F.R. 8521).

725 Subscc. (aX4) was amended and restated by sec. 128 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 206). It formerly read as follows: "(4) The authority of this subsection may not be used to authorize the use of more than $250,000,000 of funds made available for use under this Act or the Arms Export Control Act, or the use of more than $100,000,000 of foreign currencies accruing under this Act or any other law, in any fiscal year. Not more than $50,000,000 of the funds available under this subsection may be allocated to any one country in any fiscal year, unless such country is a victim of active Communist or Communist-supported aggression.".

736 Sec. 705(2) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2317) struck out "Communist or Communist-supported" at this point.

aggression, and not more than $500,000,000 of the aggregate limitation of $1,000,000,000 provided in subparagraphs (A)(i) and (A)(ii) may be allocated to any one country in any fiscal year.

(5) The authority of this section may not be used to waive the limitations on transfers contained in section 610(a) of this Act.

(b) Whenever the President determines it to be important to the national interest, he may use funds available for the purposes of chapter 4 of part I in order to meet the responsibilities or objectives of the United States in Germany, including West Berlin, and without regard to such provisions of law as he determines should be disregarded to achieve this purpose.

(c) The President is authorized to use amounts not to exceed $50,000,000 of the funds made available under this Act pursuant to his certification that it is inadvisable to specify the nature of the use of such funds, which certification shall be deemed to be a sufficient voucher for such amounts.727 The President shall fully inform the chairman and ranking minority member of the Committee on Foreign Affairs of the House of Representatives and the chairman and ranking minority member of the Committee on Foreign Relations of the Senate of each use of funds under this subsection prior to the use of such funds.728

Sec. 615.729 Contract Authority.-Provisions of this Act authorizing the appropriation of funds shall be construed to authorize the granting in any appropriation Act of authority to enter into contracts, within the amounts so authorized to be appropriated, creating obligations in advance of appropriations.

Sec. 616.730 Availability of Funds.-Except as otherwise provided in this Act, funds shall be available to carry out the provisions of this Act as authorized and appropriated to the President each fiscal year.

Sec. 617.731 Termination of Assistance.-Assistance under any provision of this Act may, unless sooner terminated by the President, be terminated by concurrent resolution. Funds made available under this Act shall remain available for a period not to exceed eight 732 months from the date of termination of assistance under this Act for the necessary expenses of winding up programs related thereto. In order to ensure the effectiveness of assistance under this Act, such expenses for orderly termination of programs may include the obligation and expenditure of funds to complete the training or studies outside their countries of origin of students whose course of study or training program began before assistance was terminated.733

727 See also secs. 624(dX7) [repealed-1978; see note] and 636(a)(8) of this Act.

728 The last sentence was added by sec. 30(g) of the FA Act of 1966. This sentence was amended and restated by sec. 8 of the Anti-Terrorism and Arms Export Amendments Act of 1989 (Public Law 101-222; 103 Stat. 1899). It formerly read as follows: "The President shall promptly and fully inform the Speaker of the House of Representatives and the chairman and ranking minority member of the Committee on Foreign Relations of the Senate of each use of funds under this subsection.".

729 22 U.S.C. 2365.

730 22 U.S.C. 2366.

731 22 U.S.C. 2367.

732 Sec. 14 of the FA Act of 1973 inserted "eight" in lieu of “twelve”.

733 This sentence was added by sec. 310 of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3148).

Sec. 618.734 Use of Settlement Receipts.—' 1978]

[Repealed

Sec. 619.734 Assistance to Newly Independent Countries.— * * * [Repealed-1978]

Sec. 620.735 Prohibitions Against Furnishing Assistance.736 (a)(1) 737 No assistance shall be furnished under this Act to the present government of Cuba.738 As an additional means of implementing and carrying into effect the policy of the preceding sentence, the President is authorized to establish and maintain a total embargo upon all trade between the United States and Cuba. (2) 739 Except as may be deemed necessary by the President in the interest of the United States, no assistance shall be furnished under this Act to any government of Cuba, nor shall Cuba be entitled to receive any quota authorizing the importation of Cuban sugar into the United States or to receive any other benefit under any law of the United States, until the President determines that such government has taken appropriate steps according to international law standards to return to United States citizens, and to entities not less than 50 per centum beneficially owned by United States citizens, or to provide equitable compensation to such citizens and entities for property taken from such citizens and entities on or after January 1, 1959, by the Government of Cuba.

(b) 740 *** [Repealed-1981]

(c) 741 No assistance shall be provided under this Act to the government of any country which is indebted to any United States citizen or person for goods or services furnished or ordered where (i) such citizen or person has exhausted available legal remedies, which shall include arbitration, or (ii) the debt is not denied or contested by such government, or (iii) such indebtedness arises under an unconditional guaranty of payment given by such government, or any predecessor government, directly or indirectly, through any controlled entity: Provided, That the President does not find such action contrary to the national security.

734 Secs. 618 and 619 were repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).

735 22 U.S.C. 2370.

"

736 Sec. 301 (8X1) of the FA Act of 1965 inserted "Prohibitions Against Furnishing Assistance.- for "Prohibitions Against Furnishing Assistance to Cuba and Certain Other Countries.-".

737 Sec. 301(eX1XA) of the FA Act of 1963 inserted “(1)" after subsec. (a).

738 The phrase, "; nor shall any such assistance be furnished to any country which furnishes assistance to the present government of Cuba unless the President determines that such assistance is in the national interest of the United States", which formerly appeared at this point, was struck out by sec. 123(aX1) of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 541).

739 Pars. (2) and (3) were added by sec. 301(eX1XB) of the FA Act of 1963. Paragraph (3), restricting shipments to Cuba, was subsequently repealed by sec. 123(a)2) of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 541).

740 Subsec. (b) was repealed by sec. 734(aX1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). It previously read as follows: "(B) No assistance shall be furnished under this Act to the government of any country unless the President determines that such country is not dominated or controlled by the international Communist movement.".

741 Subsec. (c) was amended by sec. 301(dX2) of the FA Act of 1962. It formerly read as follows:

"(c) No assistance shall be provided under this Act to the government of any country which is indebted to any United States citizen for goods or services furnished, where such citizen has exhausted available legal remedies and the debt is not denied or contested by such government.".

(d) No assistance shall be furnished on a loan basis under chapter 1 of part 1742 of this Act for construction or operation of any productive enterprise in any country where such enterprise will compete with United States enterprise unless such country has agreed that it will establish appropriate procedures to prevent the exportation for use or consumption in the United States of more than 20 per centum of the annual production of such facility during the life of the loan. In case of failure to implement such agreement by the other contracting party, the President is authorized to establish necessary import controls to effectuate the agreement. The restrictions imposed by or pursuant to this subsection may be waived by the President where he determines that such waiver is in the national security interest.

(e) 743 (1) 744 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) 745 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) 745 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) 745 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

742 The words "on a loan basis under chapter 1 of part 1" were inserted in lieu of "under section 201" by sec. 102(gX2XF) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943).

743 Subsec. (e) was added by sec. 301(dX3) of the FA Act of 1962 and was amended by sec. 301(e)(2) of the FA Act of 1963 and by secs. 301(d)1) and (2) of the FA Act of 1964.

744 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) [the "Hickenlooper Amendment"].

745 Sec. 301(dX2) of the FA Act of 1964 redesignated subpars. (1), (2), and (3) as subpars. (A), (B), and (C), respectively.