dreamproit/uscode huggingface dataset:
22 U.S.C. § 290k–5 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290k–5. Applicability of Bretton Woods Agreements Act
The provisions of section 286b of this title shall apply with respect to the Agency to the same extent as with respect to the Bank and the International Monetary Fund.
(Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134; Pub. L. 101–240, title V, § 541(e)(5), Dec. 19, 1989, 103 Stat. 2518.)
heading: Editorial Notes
heading: References in Text
text: The Bretton Woods Agreements Act, referred to in section catchline, is act July 31, 1945, ch. 339, 59 Stat. 512, as amended, which is classified principally to subchapter XV (§ 286 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 286 of this title and Tables.
heading: Codification
text: Section is based on section 408 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
heading: Amendments
text: 1989—Pub. L. 101–240 struck out at end “Reports with respect to the Agency under paragraphs (5) and (6) of section 286b(b) of this title shall be included in the reports made thereunder after the United States accepts membership in the Agency.”
22 U.S.C. § 290k–6 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290k–6. Restrictions
Unless authorized by law, neither the President nor any person or agency shall, on behalf of the United States—
(1) subscribe to additional shares of stock of the Agency;
(2) vote for or agree to any amendment of the Convention which increases the obligations of the United States, or which changes the purpose or functions of the Agency; or
(3) make a loan or provide other financing to the Agency.
(Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134.)
heading: Editorial Notes
heading: Codification
text: Section is based on section 409 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
22 U.S.C. § 290k–7 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290k–7. Federal Reserve banks as depositories
Any Federal Reserve bank that is requested to do so by the Agency shall act as its depository or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks.
(Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134.)
heading: Editorial Notes
heading: Codification
text: Section is based on section 410 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
22 U.S.C. § 290k–8 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290k–8. Subscription of stock
(a) Authority of Secretary of the Treasury
The Secretary of the Treasury is authorized to subscribe on behalf of the United States to 20,519 shares of the capital stock of the Agency, except that the subscription shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) Authorization of appropriations
In order to pay for United States subscription authorized in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $222,015,580, for payment by the Secretary of the Treasury.
(c) Dividends deposited into Treasury
Any payment of dividends made to the United States by the Agency shall be deposited into the Treasury as a miscellaneous receipt.
(Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134.)
heading: Editorial Notes
heading: Codification
text: Section is based on section 411 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
heading: Statutory Notes and Related Subsidiaries
heading: First General Capital Increase
text: Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 594], Nov. 29, 1999, 113 Stat. 1535, 1501A–122, provided in part that the Secretary of the Treasury may effect the United States participation in the first general capital increase of the Multilateral Investment Guarantee Agency and authorized $29,870,087 to be appropriated without fiscal year limitation for payment by the Secretary for paid-in capital of the Agency and $139,365,533 to be appropriated without fiscal year limitation for payment by the Secretary for callable capital of the Agency.
22 U.S.C. § 290k–9 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290k–9. Jurisdiction of United States courts and enforcement of arbitral awards
For the purposes of any civil action which may be brought within the United States, its territories or possessions, or the Commonwealth of Puerto Rico, by or against the Agency in accordance with the Convention, including an action brought to enforce an arbitral award against the Agency, the Agency shall be deemed to be an inhabitant of the Federal judicial district in which its principal office within the United States or its agent appointed for the purpose of accepting service or notice of service is located, and any such action to which the Agency shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States, including the courts enumerated in section 460 of title 28, shall have original jurisdiction of any such action. When the Agency is a defendant in any action in a State court, it may at any time before the trial thereof remove the action into the appropriate district court of the United States by following the procedure for removal provided in section 1446 of title 28.
(Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134.)
heading: Editorial Notes
heading: Codification
text: Section is based on section 412 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
22 U.S.C. § 290k–10 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290k–10. Effectiveness of Convention
Articles 43 through 48, inclusive, of the Convention shall have full force and effect in the United States, its territories and possessions, and the Commonwealth of Puerto Rico, upon the entry into force of the Convention for the United States.
(Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134.)
heading: Editorial Notes
heading: Codification
text: Section is based on section 413 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
22 U.S.C. § 290k–11 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290k–11. Arbitral awards; enforcement; full faith and credit; Federal Arbitration Act inapplicable; exclusiveness of district court jurisdiction
(a) An award of an arbitral tribunal resolving a dispute arising under Article 57 or Article 58 of the Convention shall create a right arising under a treaty of the United States. The pecuniary obligations imposed by such an award shall be enforced and shall be given the same full faith and credit as if the award were a final judgment of a court of general jurisdiction of one of the several States. The Federal Arbitration Act (9 U.S.C. 1, et seq.) shall not apply to enforcement of awards rendered pursuant to the Convention.
(b) The district courts of the United States (including the courts enumerated in section 460 of title 28) shall have exclusive jurisdiction over actions and proceedings under subsection (a) of this section, regardless of the amount in controversy.
(Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134.)
heading: Editorial Notes
heading: References in Text
text: The Federal Arbitration Act, referred to in subsec. (a), is classified generally to Title 9, Arbitration.
heading: Codification
text: Section is based on section 414 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
22 U.S.C. § 290l (FOREIGN RELATIONS AND INTERCOURSE)
§ 290l. Acceptance of membership
The President is hereby authorized to accept membership for the United States in the European Bank for Reconstruction and Development (in this subchapter referred to as the “Bank”) provided for by the agreement establishing the Bank (in this subchapter referred to as the “Agreement”), signed on May 29, 1990.
(Pub. L. 101–513, title V, § 562(c)(2), Nov. 5, 1990, 104 Stat. 2034.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this subsection” meaning subsection (c) of section 562 of Pub. L. 101–513, title V, Nov. 5, 1990, 104 Stat. 2034, which is classified principally to this subchapter. For complete classification of subsection (c) to the Code, see Short Title note set out below and Tables.
heading: Codification
text: Another section 562(c) of Pub. L. 101–513, consisting of pars. (1) to (5), is set out as a note under section 2293 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 101–513, title V, § 562(c)(1), Nov. 5, 1990, 104 Stat. 2031, provided that: “This subsection [enacting this subchapter and amending sections 262r and 276c–2 of this title and section 24 of Title 12, Banks and Banking] may be cited as the ‘European Bank for Reconstruction and Development Act’.”
22 U.S.C. § 290l–1 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290l–1. Governor and alternate Governor
(a) Appointment
The President, by and with the advice and consent of the Senate, shall appoint a Governor of the Bank, an alternate for the Governor, and a Director of the Bank.
(b) Compensation
Any person who serves as a Governor of the Bank or as an alternate for the Governor may not receive any salary or other compensation from the United States by reason of such service.
(Pub. L. 101–513, title V, § 562(c)(3), Nov. 5, 1990, 104 Stat. 2034.)
heading: Editorial Notes
heading: Codification
text: Subsecs. (a) and (b) were in the original (A) and (B), respectively, and were editorially redesignated for purposes of codification.
Another section 562(c)(3) of Pub. L. 101–513 is set out as a note under section 2293 of this title.
22 U.S.C. § 290l–2 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290l–2. Applicability of certain provisions of Bretton Woods Agreements Act
Section 286b of this title shall apply to the Bank in the same manner in which such section applies to the International Bank for Reconstruction and Development and the International Monetary Fund.
(Pub. L. 101–513, title V, § 562(c)(4), Nov. 5, 1990, 104 Stat. 2034.)
heading: Editorial Notes
heading: References in Text
text: The Bretton Woods Agreements Act, referred to in section catchline, is act July 31, 1945, ch. 339, 59 Stat. 512, as amended, which is classified principally to subchapter XV (§ 286 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 286 of this title and Tables.
heading: Codification
text: Another section 562(c)(4) of Pub. L. 101–513 is set out as a note under section 2293 of this title.
22 U.S.C. § 290l–3 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290l–3. Federal Reserve banks as depositories
Any Federal Reserve Bank 1 which is requested to do so by the Bank may act as its depository, or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall exercise general supervision over the carrying out of these functions.
(Pub. L. 101–513, title V, § 562(c)(5), Nov. 5, 1990, 104 Stat. 2034.)
heading: Editorial Notes
heading: Codification
text: Another section 562(c)(5) of Pub. L. 101–513 is set out as a note under section 2293 of this title.
22 U.S.C. § 290l–4 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290l–4. Subscription of stock
(a) Subscription authority
(1) In general
The Secretary of the Treasury may subscribe on behalf of the United States to 100,000 shares of the capital stock of the Bank.
(2) Effectiveness of subscription commitment
Any commitment to make such subscription shall be effective only to such extent or in such amounts as are provided for in advance by appropriations Acts.
(b) Limitations on authorization of appropriations
For payment by the Secretary of the Treasury of the subscription of the United States for shares described in subsection (a), there are authorized to be appropriated $1,167,010,000 without fiscal year limitation.
(c) Disposition of net income distributions by Bank
Any payment made to the United States by the Bank as a distribution of net income shall be covered into the Treasury as a miscellaneous receipt.
(Pub. L. 101–513, title V, § 562(c)(6), Nov. 5, 1990, 104 Stat. 2034.)
heading: Editorial Notes
heading: Codification
text: Subsecs. (a) to (c) were in the original (A) to (C), respectively, and pars. (1) and (2) of subsec. (a) were in the original (i) and (ii), respectively, and were editorially redesignated for purposes of codification.
heading: Statutory Notes and Related Subsidiaries
heading: First General Capital Increase
text: Pub. L. 105–118, title V, § 560(a), Nov. 26, 1997, 111 Stat. 2425, provided in part that the Secretary of the Treasury may, to effect the United States participation in the first general capital increase of the European Bank for Reconstruction and Development, subscribe to and make payment for 100,000 additional shares of the capital stock of the Bank on behalf of the United States, and authorized $285,772,500 for paid-in capital and $984,327,500 for callable capital of the European Bank for Reconstruction and Development to be appropriated without fiscal year limitation, subject to obtaining the necessary appropriations.
22 U.S.C. § 290l–5 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290l–5. Jurisdiction and venue of civil actions by or against Bank
(a) Jurisdiction
The United States district courts shall have original and exclusive jurisdiction of any civil action brought in the United States by or against the Bank.
(b) Venue
For purposes of section 1391(b) of title 28, the Bank shall be deemed to be a resident of the judicial district in which the principal office of the Bank in the United States, or its agent appointed for the purpose of accepting service or notice of service, is located.
(Pub. L. 101–513, title V, § 562(c)(7), Nov. 5, 1990, 104 Stat. 2035.)
heading: Editorial Notes
heading: Codification
text: Subsecs. (a) and (b) were in the original (A) and (B), respectively, and were editorially redesignated for purposes of codification.
22 U.S.C. § 290l–7 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290l–7. Exemption from securities laws for certain securities issued by Bank; reports required
(a) Exemption from securities laws; reports to Securities and Exchange Commission
Any securities issued by the Bank (including any guaranty by the Bank, whether or not limited in scope) in connection with the raising of funds for inclusion in the Bank’s ordinary capital resources as defined in article 7 of the Agreement and any securities guaranteed by the Bank as to both principal and interest to which the commitment in article 6, paragraph 4, of the Agreement is expressly applicable, shall be deemed to be exempted securities within the meaning of section 77c(a)(2) of title 15 and section 78c(a)(12) of title 15. The Bank shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Bank and its operations and necessary in the public interest or for the protection of investors.
(b) Authority of Securities and Exchange Commission to suspend exemption; reports to Congress
The Securities and Exchange Commission, acting in consultation with such agency or officer as the President shall designate, may suspend the provisions of subsection (a) at any time as to any or all securities issued or guaranteed by the Bank during the period of such suspension. The Commission shall include in its annual reports to the Congress such information as it shall deem advisable with regard to the operations and effect of this section.
(Pub. L. 101–513, title V, § 562(c)(9), Nov. 5, 1990, 104 Stat. 2035.)
heading: Editorial Notes
heading: Codification
text: Subsecs. (a) and (b) were in the original (A) and (B), respectively, and were editorially redesignated for purposes of codification.
22 U.S.C. § 290l–8 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290l–8. Congressional consultations
During negotiations on the establishment of operational guidelines for the Bank, the Secretary of the Treasury shall—
(A) consult on a regular and timely basis with the Committee on Banking, Finance and Urban 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;
(B) seek to ensure that procedures and mechanisms are established, including the creation of specific departments or staffs within the Bank, which will allow the Bank to assess the impact of any loans, guarantees, or other activities on the environment and on internationally recognized human rights in borrower countries; and
(C) report, through consultation within 90 days after November 5, 1990, to the Committees specified in subparagraph (A) on the progress of efforts to create such procedures and mechanisms.
(Pub. L. 101–513, title V, § 562(c)(11), Nov. 5, 1990, 104 Stat. 2036.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Committee on Banking and Financial Services of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
heading: Goals in Negotiations Concerning Structure, Bylaws, and Operating Procedures of Bank
text: Pub. L. 101–513, title V, § 584, Nov. 5, 1990, 104 Stat. 2046, provided that:
“In all negotiations concerning the structure, bylaws, and operating procedures of the European Bank for Reconstruction and Development (EBRD), the Secretary of the Treasury shall vigorously seek—
“(1) establishment of procedures for environmental assessment of all proposed operations with potentially significant environmental impacts;
“(2) establishment of an environmental unit with sufficient staff to review proposed operations, monitor compliance with environmental provisions, and provide overall policy guidance;
“(3) establishment of procedures for systematic consultation with and involvement of the public and interested nongovernmental organizations, including an opportunity for comment by local communities which may be affected by EBRD operations and establishment of a system of public notification and comment during the development of EBRD policies and operating procedures; and
“(4) agreement that a significant portion of the EBRD’s funds shall be devoted to projects focused on environmental restoration and protection.”
22 U.S.C. § 290l–9 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290l–9. Capital increase
(a) Subscription authorized
(1) The United States Governor of the Bank may subscribe on behalf of the United States up to 90,044 additional callable shares of the capital stock of the Bank in accordance with Resolution No. 128 as adopted by the Board of Governors of the Bank on May 14, 2010.
(2) Any subscription by the United States to additional capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts.
(b) Limitations on authorization of appropriations
In order to pay for the increase in the United States subscription to the Bank under subsection (a), there are authorized to be appropriated, without fiscal year limitation, up to $1,252,331,952 for payment by the Secretary of the Treasury.
(Pub. L. 101–513, title V, § 562(c)(12), as added Pub. L. 112–74, div. I, title VII, § 7081(e), Dec. 23, 2011, 125 Stat. 1260.)
heading: Editorial Notes
heading: Codification
text: Pub. L. 112–74, div. I, title VII, § 7081(e), Dec. 23, 2011, 125 Stat. 1260, which directed amendment of section 562(c) of Pub. L. 101–513 (22 U.S.C. 290l et seq.) by adding at the end a new par. (12), was executed to the second of two subsecs. (c) by adding this section, to reflect the probable intent of Congress. The first subsec. (c) of section 562 is set out as a note under section 2293 of this title.
Subsecs. (a) and (b) were in the original (A) and (B), respectively, and pars. (1) and (2) of subsec. (a) were in the original (i) and (ii), respectively, and were editorially redesignated for purposes of codification.
22 U.S.C. § 290m–1 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290m–1. Status, immunities, and privileges
Article VIII of Chapter II of the Cooperation Agreement shall have full force and effect in the United States, its territories and possessions, and the Commonwealth of Puerto Rico, upon entry into force of the Cooperation Agreement.
(Pub. L. 103–182, title V, § 542, Dec. 8, 1993, 107 Stat. 2167.)
heading: Repeal of Section
text: Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, repealed Pub. L. 103–182, which enacted this section, effective on the date the USMCA entered into force (July 1, 2020). See Codification note preceding section 290m of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective on the date the USMCA entered into force (July 1, 2020), see section 601 of Pub. L. 116–113, set out as a note under former section 3301 of Title 19, Customs Duties.
22 U.S.C. § 290m–3 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290m–3. “Border Environment Cooperation Agreement” defined
For purposes of this subchapter, the term “Border Environment Cooperation Agreement” (referred to in this subchapter as the “Cooperation Agreement”) means the November 1993 Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank.
(Pub. L. 103–182, title V, § 544, Dec. 8, 1993, 107 Stat. 2170.)
heading: Repeal of Section
text: Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, repealed Pub. L. 103–182, which enacted this section, effective on the date the USMCA entered into force (July 1, 2020). See Codification note preceding section 290m of this title.
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this part” meaning part 2 of subtitle D of title V of Pub. L. 103–182, which enacted this subchapter and amended section 24 of Title 12, Banks and Banking. For complete classification of part 2 to the Code, see Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective on the date the USMCA entered into force (July 1, 2020), see section 601 of Pub. L. 116–113, set out as a note under former section 3301 of Title 19, Customs Duties.