22 U.S.C. § 2295b: Authorities relating to assistance and other provisions

Assistance under this part may be provided to governments or through nongovernmental organizations. 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. 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 [ 22 U.S.C. 5421 ] (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. 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. In order to strengthen the administration of justice in the independent states of the former Soviet Union under paragraph (2)(J) of section 2295 of this title , the President may exercise the same authorities as are available under section 2346c of this title , subject to the limitations and requirements of that section, other than subsection (c) and the last two sentences of subsection (e). 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. any funds that are available to it for activities related to international affairs outside Eastern Europe, and any administrative authorities that are available to it for activities with respect to Eastern Europe, in the United States, the independent states of the former Soviet Union, or a developing country; or 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 to meet unforseen 1 circumstances, such as emergency situations, where it is important to permit procurement in a country not specified in paragraph (1), or 1 So in original. Probably should be “unforeseen”. to promote efficiency in the use of United States foreign assistance resources, including to avoid impairment of foreign assistance objectives. 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)). this part; section 2394–1 of this title and comparable notification requirements contained in sections of the annual foreign operations, export financing, and related programs Act; sections 2799aa and 2799aa–1 of this title and sections 5604 and 5605 of this title, to the extent that they apply to assistance to governments; and section 1341 of title 31 (commonly referred to as the “Anti-Deficiency Act”), 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. 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. As used in this part, the term “appropriate congressional committees” 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. As used in this part, the terms “independent states of the former Soviet Union” and “independent states” have the meaning given those terms by section 5801 of this title . exports to the Cuban Government on terms that involve a grant, concessional price, guaranty, insurance, or subsidy; imports from the Cuban Government at preferential tariff rates; 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 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. The term “Cuban Government” includes the government of any political subdivision of Cuba, and any agency or instrumentality of the Government of Cuba. For purposes of subparagraph (A), the term “agency or instrumentality of the Government of Cuba” means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28 , with each reference in such section to “a foreign state” deemed to be a reference to “Cuba”.