Skip to content

Title 22 — Foreign Relations and Intercourse

Chapter 32 — Foreign Assistance

§ 2431c. Eligibility for benefits

Statutory text

(a)

In general

To be eligible for benefits from the Facility under this subchapter, a country shall be a developing country with a tropical forest or coral reef—

(1)

whose government is democratically elected;

(2)

whose government has not repeatedly provided support for acts of international terrorism;

(3)

whose government is not failing to cooperate on international narcotics control matters;

(4)

whose government (including its military or other security forces) does not engage in a consistent pattern of gross violations of internationally recognized human rights;

(5)

that has in effect, has received approval for, or is making significant progress toward—

(A)

an International Monetary Fund standby arrangement, extended Fund arrangement, or an arrangement under the structural adjustment facility or enhanced structural adjustment facility, or a Fund monitored program, or is implementing sound macroeconomic policies, unless the President determines that such an arrangement or program could reasonably be expected to have significant adverse social or environmental effect; and

(B)

as appropriate, structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Association, unless the President determines that the resulting adjustment requirements could reasonably be expected to have significant adverse social or environmental effects;

(6)

if appropriate, has 1 agreed with its commercial bank lenders on a satisfactory financing program, including, as appropriate, debt or debt service reduction; and

(7)

that has put in place investment reforms, as evidenced by the conclusion of a bilateral investment treaty with the United States, implementation of an investment sector loan with the Inter-American Development Bank, World Bank-supported investment reforms, or other measures, as appropriate.

(b)

Eligibility determinations

(1)

In general

Consistent with subsection (a), the President shall determine whether a country is eligible to receive benefits under this subchapter.

(2)

Congressional notification

The President shall notify the appropriate congressional committees of his intention to designate a country as an eligible country at least 15 days in advance of any formal determination.

Footnotes

  1. 1 So in original. Probably should be preceded by “that”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 87–195 · 75 Stat. 424

    Enacted · 22 U.S.C. § 2431c

    Pub. L. 87–195, pt. V, § 805, as added Pub. L. 105–214, § 1, July 29, 1998, 112 Stat. 887

    Source evidence

    Code source credit
    Pub. L. 87–195, pt. V, § 805, as added Pub. L. 105–214, § 1, July 29, 1998, 112 Stat. 887

  2. Pub. L. 107–26 § 1 · 115 Stat. 206

    Struck · 22 U.S.C. § 2431c(a)(2)

    Pub. L. 107–26 struck out “major” before “investment reforms,”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 107–26 struck out “major” before “investment reforms,”.

    Enacted provision · exact public law section
    SECTION 1. ELIGIBILITY FOR BENEFITS. Section 805(a)(2) of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431c(a)(2)) is amended by striking “major”.

  3. Tropical Forest Conservation Reauthorization Act of 2018

    Pub. L. 115–440 § 5(1) · 132 Stat. 5580

    Substituted · 22 U.S.C. § 2431c(a)

    Pub. L. 115–440, § 5(1), substituted “tropical forest or coral reef” for “tropical forest” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–440, § 5(1), substituted “tropical forest or coral reef” for “tropical forest” in introductory provisions.

    Enacted provision · exact public law section
    (1) by striking “tropical forest” and inserting “tropical forest or coral reef”;

  4. Tropical Forest Conservation Reauthorization Act of 2018

    Pub. L. 115–440 § 5(2) · 132 Stat. 5580

    1. Added · 22 U.S.C. § 2431c(a)(1)(7)

      Pub. L. 115–440, § 5(2), (3), added pars. (1) to (6)

    2. Redesignated · 22 U.S.C. § 2431c(a)(1)(7)

      Pub. L. 115–440, § 5(2), (3), redesignated former par. (2) as (7)

    3. Struck · 22 U.S.C. § 2431c(a)(1)(7)

      Pub. L. 115–440, § 5(2), (3), struck out former par. (1) which read as follows: “whose government meets the requirements applicable to Latin American or Caribbean countries under paragraphs (1) through (5) and (7) of section 2430b(a) of this title; and”

    Source evidence

    Code amendment note
    Subsec. (a)(1) to (7). Pub. L. 115–440, § 5(2), (3), added pars. (1) to (6), redesignated former par. (2) as (7), and struck out former par. (1) which read as follows: “whose government meets the requirements applicable to Latin American or Caribbean countries under paragraphs (1) through (5) and (7) of section 2430b(a) of this title; and”.

    Enacted provision · exact public law section
    (2) by redesignating paragraph (2) as paragraph (7); and

5 of 6 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 805 of Pub. L. 87–195, pt. V, enacted a provision set out as a note under former section 2431 of this title prior to repeal by Pub. L. 94–329, title IV, § 413(a), , 90 Stat. 761.

Amendments2001–2019 · 2 rounds

2019

Subsec. (a). Pub. L. 115–440, § 5(1), substituted “tropical forest or coral reef” for “tropical forest” in introductory provisions.

Subsec. (a)(1) to (7). Pub. L. 115–440, § 5(2), (3), added pars. (1) to (6), redesignated former par. (2) as (7), and struck out former par. (1) which read as follows: “whose government meets the requirements applicable to Latin American or Caribbean countries under paragraphs (1) through (5) and (7) of section 2430b(a) of this title; and”.

2001

Subsec. (a)(2). Pub. L. 107–26 struck out “major” before “investment reforms,”.

Executive Documents

Delegation of Functions

For delegation of functions of President under this section, see Ex. Ord. No. 12163, , 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.

For delegation of functions of President under subsec. (b) of this section, see section 1 of Ex. Ord. No. 13345, , 69 F.R. 41901, set out as a note under section 1738 of Title 7, Agriculture.

Credits

1998–2019 · 3 acts
  1. 1998Pub. L. 87–195, pt. V, § 805, as added Pub. L. 105–214, § 1, , 112 Stat. 887
  2. 2001amended Pub. L. 107–26, § 1, , 115 Stat. 206
  3. 2019Pub. L. 115–440, § 5, , 132 Stat. 5582.
Show as published

(Pub. L. 87–195, pt. V, § 805, as added Pub. L. 105–214, § 1, , 112 Stat. 887; amended Pub. L. 107–26, § 1, , 115 Stat. 206; Pub. L. 115–440, § 5, , 132 Stat. 5582.)

Parsed from the official OLRC USLM XML in data/usc_all/usc22.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t22/s2431c