47618 Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Notices 

transaction of Commission business and 

other matters specified, as follows: 

DATE AND TIME: Wednesday, September 

23, 2009, at 11 a.m. 

SUBJECT MATTER: Issuance of Proposed 

Decisions in claims against Albania and 

Libya. 

STATUS: Open. 

All meetings are held at the Foreign 

Claims Settlement Commission, 600 E 

Street, NW., Washington, DC. Requests 

for information, or advance notices of 

intention to observe an open meeting, 

may be directed to: Administrative 

Officer, Foreign Claims Settlement 

Commission, 600 E Street, NW., Room 

6002, Washington, DC 20579. 

Telephone: (202) 616–6975. 

Mauricio J. Tamargo, 

Chairman. 

[FR Doc. E9–22360 Filed 9–14–09; 11:15 am] 

BILLING CODE 4410–01–P 

MILLENNIUM CHALLENGE 

CORPORATION 

[MCC FR 09–17] 

Report on Countries That Are 

Candidates for Millennium Challenge 

Account Eligibility in Fiscal Year 2010 

and Countries That Would Be 

Candidates But for Legal Prohibitions 

AGENCY: Millennium Challenge 

Corporation. 

ACTION: Notice. 

SUMMARY: Section 608(d) of the 

Millennium Challenge Act of 2003 

requires the Millennium Challenge 

Corporation to publish a report that 

identifies countries that are ‘‘candidate 

countries’’ for Millennium Challenge 

Account assistance during FY 2010. The 

report is set forth in full below. 

Dated: September 10, 2009. 

Henry C. Pitney, 

(Acting) Vice President and General Counsel, 

Millennium Challenge Corporation. 

Report on Countries That Are 

Candidates for Millennium Challenge 

Account Eligibility for Fiscal Year 2010 

and Countries That Would Be 

Candidates But for Legal Prohibitions 

This report to Congress is provided in 

accordance with Section 608(a) of the 

Millennium Challenge Act of 2003, 22 

U.S.C. 7701, 7707(a) (Act). 

The Act authorizes the provision of 

Millennium Challenge Account (MCA) 

assistance for countries that enter into 

Compacts with the United States to 

support policies and programs that 

advance the progress of such countries 

achieving lasting economic growth and 

poverty reduction. The Act requires 

Millennium Challenge Corporation 

(MCC) to take a number of steps in 

selecting countries with which MCC 

will seek to enter into a compact, 

including (i) determining the countries 

that will be eligible for MCA assistance 

for fiscal year 2010 (FY10) based on a 

country’s demonstrated commitment to 

(a) just and democratic governance, (b) 

economic freedom, and (c) investing in 

its people; and (ii) considering the 

opportunity to reduce poverty and 

generate economic growth in the 

country. These steps include the 

submission of reports to the 

congressional committees specified in 

the Act and the publication of notices in 

the Federal Register that identify: 

1. The countries that are ‘‘candidate 

countries’’ for MCA assistance for FY10 

based on their per-capita income levels 

and their eligibility to receive assistance 

under U.S. law and countries that 

would be candidate countries but for 

specified legal prohibitions on 

assistance (section 608(a) of the Act); 

2. The criteria and methodology that 

the MCC Board of Directors (Board) will 

use to measure and evaluate the relative 

policy performance of the ‘‘candidate 

countries’’ consistent with the 

requirements of subsections (a) and (b) 

of section 607 of the Act in order to 

select ‘‘MCA eligible countries’’ from 

among the ‘‘candidate countries’’ 

(section 608(b) of the Act); and 

3. The list of countries determined by 

the Board to be ‘‘MCA eligible 

countries’’ for FY10, identification of 

such countries with which the Board 

will seek to enter into compacts, and 

justification for such eligibility 

determination and selection for compact 

negotiation (section 608(d) of the Act). 

This report is the first of three 

required reports listed above. 

Candidate Countries for FY 2009 

The Act requires the identification of 

all countries that are candidates for 

MCA assistance for FY10 and the 

identification of all countries that would 

be candidate countries but for specified 

legal prohibitions on assistance. 

Sections 606(a) and (b) of the Act 

provide that for FY10 a country shall be 

a candidate for the MCA if it: 

• Meets one of the following two 

income level tests: 

Æ Has a per capita income equal to or 

less than the historical ceiling of the 

International Development Association 

eligibility for the fiscal year involved (or 

$1,855 gross national income (GNI) per 

capita for FY10) (the ‘‘low income 

category’’); or 

Æ Is classified as a lower middle 

income country in the then most recent 

edition of the World Development 

Report for Reconstruction and 

Development published by the 

International Bank for Reconstruction 

and Development and has an income 

greater than the historical ceiling for 

International Development Association 

eligibility for the fiscal year involved (or 

$1,856 to $3,855 GNI per capita for 

FY10) (the ‘‘lower middle income 

category’’); and 

Æ Is not ineligible to receive U.S. 

economic assistance under part I of the 

Foreign Assistance Act of 1961, as 

amended, (the ‘‘Foreign Assistance 

Act’’), by reason of the application of 

the Foreign Assistance Act or any other 

provision of law. 

Pursuant to section 606(c) of the Act, 

the Board has identified the following 

countries as candidate countries under 

the Act for FY10. In so doing, the Board 

has anticipated that prohibitions against 

assistance as applied to countries in the 

Department of State, Foreign 

Operations, and Related Programs 

Appropriations Act, 2009 (Div. H, Pub. 

L. 111–8) (FY 2009 SFOAA), will again 

apply for FY10, even though the 

Department of State, Foreign 

Operations, and Related Programs 

Appropriations Act for FY10 has not yet 

been enacted and certain findings under 

other statutes have not yet been made. 

As noted below, MCC will provide any 

required updates on subsequent changes 

in applicable legislation or other 

circumstances that affects the status of 

any country as a candidate country for 

FY10. 

Candidate Countries: Low Income 

Category 

1. Afghanistan 

2. Bangladesh 

3. Benin 

4. Bolivia 

5. Burkina Faso 

6. Burundi 

7. Cambodia 

8. Cameroon 

9. Central African Republic 

10. Chad 

11. Comoros 

12. Dem. Republic of the Congo 

13. Djibouti 

14. Egypt, Arab Rep. 

15. Eritrea 

16. Ethiopia 

17. Gambia 

18. Ghana 

19. Guinea 

20. Guinea Bissau 

21. Guyana 

22. Haiti 

23. Honduras 

24. India 

25. Kenya 

26. Kosovo 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Notices 47619 

27. Kyrgyz Republic 

28. Lao PDR 

29. Lesotho 

30. Liberia 

31. Malawi 

32. Mali 

33. Moldova 

34. Mongolia 

35. Mozambique 

36. Nepal 

37. Nicaragua 

38. Niger 

39. Nigeria 

40. Pakistan 

41. Papua New Guinea 

42. Rwanda 

43. Sao Tome and Principe 

44. Senegal 

45. Sierra Leone 

46. Solomon Islands 

47. Somalia 

48. Sri Lanka 

49. Tajikistan 

50. Tanzania 

51. Togo 

52. Uganda 

53. Vietnam 

54. Yemen, Rep. 

55. Zambia 

Candidate Countries: Lower Middle 

Income Category 

1. Albania 

2. Angola 

3. Armenia 

4. Azerbaijan 

5. Belize 

6. Bhutan 

7. Cape Verde 

8. Congo, Rep. 

9. Ecuador 

10. El Salvador 

11. Georgia 

12. Guatemala 

13. Indonesia 

14. Jordan 

15. Kiribati 

16. Maldives 

17. Marshall Islands 

18. Micronesia, Fed. Sts. 

19. Morocco 

20. Paraguay 

21. Philippines 

22. Samoa 

23. Swaziland 

24. Thailand 

25. Timor-Leste 

26. Tonga 

27. Tunisia 

28. Turkmenistan 

29. Tuvalu 

30. Ukraine 

31. Vanuatu 

Countries That Would Be Candidate 

Countries But for Legal Prohibitions 

That Prohibit Assistance 

Countries that would be considered 

candidate countries for FY10, but are 

ineligible to receive United States 

economic assistance under part I of the 

Foreign Assistance Act by reason of the 

application of any provision of the 

Foreign Assistance Act or any other 

provision of law are listed below. As 

noted above, this list is based on legal 

prohibitions against economic 

assistance that apply for FY 2009 and 

that are anticipated to apply again for 

FY10. 

Prohibited Countries: Low Income 

Category 

1. Burma is subject to numerous 

restrictions, including but not limited to 

section 570 of the FY 1997 Foreign 

Operations, Export Financing, and Related 

Programs Appropriations Act (P.L. 104–208) 

which prohibits assistance to the government 

of Burma until it makes progress on 

improving human rights and implementing 

democratic government, and due to its status 

as a major drug-transit or major illicit drug 

producing country for 2008 (Presidential 

Determination No. 2008–28 (9/16/2008)) and 

a Tier III country under the Trafficking 

Victims Protection Act (Presidential 

Determination No. 2009–5 (10/17/2008)). 

2. Cote d’Ivoire is subject to section 7008 

of the FY 2009 SFOAA, which prohibits 

assistance to the government of a country 

whose duly elected head of government is 

deposed by military coup or decree. 

3. Madagascar is subject to section 7008 of 

the FY 2009 SFOAA, which prohibits 

assistance to the government of a country 

whose duly elected head of government is 

deposed by military coup or decree. 

4. Mauritania is subject to section 7008 of 

the FY 2009 SFOAA, which prohibits 

assistance to the government of a country 

whose duly elected head of government is 

deposed by military coup or decree. 

5. North Korea is subject to numerous 

restrictions, including section 7076 of the FY 

2009 SFOAA which prohibits any direct 

assistance to the government. 

6. Sudan is subject to numerous 

restrictions, including but not limited to 

section 620A of the Foreign Assistance Act 

which prohibits assistance to governments 

supporting international terrorism, section 

7012 of the FY 2009 SFOAA, and section 

620(q) of the Foreign Assistance Act, both of 

which prohibit assistance to countries in 

default in payment to the U.S. in certain 

circumstances, section 7008 of the FY 2009 

SFOAA, which prohibits assistance to a 

country whose duly elected head of 

government being deposed by military coup 

or decree, and section 7070(b) of the FY 2009 

SFOAA. 

7. Uzbekistan’s central government is 

subject to section 7076 of the FY 2009 

SFOAA, which states that funds may be 

made available for assistance to the central 

government of Uzbekistan only if the 

Secretary of State determines and reports to 

the Congress that the government is making 

substantial and continuing progress in 

meeting its commitments under a framework 

agreement with the United States. 

8. Zimbabwe is subject to Section 620(q) of 

the Foreign Assistance Act and section 7012 

of the FY 2009 SFOAA, which prohibit 

assistance to countries in default in payment 

to the United States in certain circumstances, 

and section 7070(e) of the FY 2009 SFOAA 

which prohibits assistance to the central 

government of Zimbabwe in the absence of 

a waiver by the Secretary of State. 

Prohibited Countries: Lower Middle 

Income Category 

1. China is not eligible to receive economic 

assistance from the United States, absent 

special authority, because of concerns 

relative to China’s record on human rights. 

2. Iran is subject to numerous restrictions, 

including but not limited to section 620A of 

the Foreign Assistance Act which prohibits 

assistance to governments supporting 

international terrorism and section 7007 of 

the FY 2009 SFOAA which prohibits direct 

assistance. 

3. Iraq is subject to section 7042 of the FY 

2009 SFOAA, which prohibits the use of FY 

2009 SFOAA funds for assistance for Iraq, 

and section 620(t) of the Foreign Assistance 

Act which prohibits assistance to a country 

which has severed diplomatic relations with 

the United States, until such diplomatic 

relations are restored and framework bilateral 

assistance agreements are in place. 

4. Syria is subject to numerous restrictions, 

including but not limited to 620A of the 

Foreign Assistance Act which prohibits 

assistance to governments supporting 

international terrorism, section 7007 of the 

FY 2009 SFOAA which prohibits direct 

assistance, and section 7012 of the FY 2009 

SFOAA and section 620(q) of the Foreign 

Assistance Act, both of which prohibit 

assistance to countries in default in payment 

to the U.S. in certain circumstances. 

Countries identified above as candidate 

countries, as well as countries that would be 

considered candidate countries but for the 

applicability of legal provisions that prohibit 

U.S. economic assistance, may be the subject 

of future statutory restrictions or 

determinations, or changed country 

circumstances, that affect their legal 

eligibility for assistance under part I of the 

Foreign Assistance Act by reason of 

application of Foreign Assistance Act or any 

other provision of law for FY10. MCC will 

include any required updates on such 

statutory eligibility that affect countries’ 

identification as candidate countries for 

FY10, at such time as it publishes the notices 

required by sections 608(b) and 608(d) of the 

Act or at other appropriate times. Any such 

updates with regard to the legal eligibility or 

ineligibility of particular countries identified 

in this report will not affect the date on 

which the Board is authorized to determine 

eligible countries from among candidate 

countries which, in accordance with section 

608(a) of the Act, shall be no sooner than 90 

days from the date of publication of this 

report. 

[FR Doc. E9–22306 Filed 9–11–09; 4:15 pm] 

BILLING CODE 9211–03–P 


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