2012 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 32 - FOREIGN ASSISTANCE (§§ 2151 - 2443)
Subchapter I - INTERNATIONAL DEVELOPMENT (§§ 2151 - 2296f)
Part II - Other Programs (§§ 2161 - 2220e)
Subpart iv - overseas private investment corporation (§§ 2191 - 2200b)
Section 2198 - Definitions
Publication Title | United States Code, 2012 Edition, Title 22 - FOREIGN RELATIONS AND INTERCOURSE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 32 - FOREIGN ASSISTANCE SUBCHAPTER I - INTERNATIONAL DEVELOPMENT Part II - Other Programs subpart iv - overseas private investment corporation Sec. 2198 - Definitions |
Contains | section 2198 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 87-195, pt. I, §238, as added Pub. L. 91-175, pt. I, §105, Dec. 30, 1969, 83 Stat. 815; amended Pub. L. 92-226, pt. I, §104(a), Feb. 7, 1972, 86 Stat. 22; Pub. L. 97-65, §7, Oct. 16, 1981, 95 Stat. 1024; Pub. L. 99-204, §17(a), Dec. 23, 1985, 99 Stat. 1676; Pub. L. 102-549, title I, §106, Oct. 28, 1992, 106 Stat. 3653; Pub. L. 108-158, §§4(b), 5(b), Dec. 3, 2003, 117 Stat. 1950. |
Statutes at Large References | 68 Stat. 861 75 Stat. 460 83 Stat. 815, 805 86 Stat. 22 95 Stat. 1024 99 Stat. 1676 106 Stat. 3653 117 Stat. 1950 |
Public Law References | Public Law 87-195, Public Law 91-175, Public Law 92-226, Public Law 97-65, Public Law 99-204, Public Law 102-549, Public Law 108-158 |
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As used in this subpart—
(a) the term “investment” includes any contribution or commitment of funds, commodities, services, patents, processes, or techniques, in the form of (1) a loan or loans to an approved project, (2) the purchase of a share of ownership in any such project, (3) participation in royalties, earnings, or profits of any such project, and (4) the furnishing of commodities or services pursuant to a lease or other contract;
(b) the term “expropriation” includes, but is not limited to, any abrogation, repudiation, or impairment by a foreign government, a political subdivision of a foreign government, or a corporation owned or controlled by a foreign government, of its own contract with an investor with respect to a project, where such abrogation, repudiation, or impairment is not caused by the investor's own fault or misconduct, and materially adversely affects the continued operation of the project;
(c) the term “eligible investor” means: (1) United States citizens; (2) corporations, partnerships, or other associations including nonprofit associations, created under the laws of the United States, any State or territory thereof, or the District of Columbia, and substantially beneficially owned by United States citizens; and (3) foreign corporations, partnerships, of other associations wholly owned by one or more such United States citizens, corporations, partnerships, or other associations: Provided, however, That the eligibility of such foreign corporation shall be determined without regard to any shares, in aggregate less than 5 per centum of the total of issued and subscribed share capital, held by other than the United States owners: Provided further, That in the case of any loan investment a final determination of eligibility may be made at the time the insurance or guaranty is issued; in all other cases, the investor must be eligible at the time a claim arises as well as at the time the insurance or guaranty is issued;
(d) the term “noncredit account revolving fund” means the account in which funds under section 2196 of this title and all funds from noncredit activities are held;
(e) the term “noncredit activities” means all activities of the Corporation other than its loan guarantee program under section 2194(b) of this title and its direct loan program under section 2194(c) of this title;
(f) the term “predecessor guaranty authority” means prior guaranty authorities (other than housing guaranty authorities) repealed by the Foreign Assistance Act of 1969, and sections 1509(b)(3), 1872(b), and 1933(b) 1 of this title (exclusive of authority relating to informational media guaranties); and
(g) the term “local financial institution”—
(1) means any bank or financial institution that is organized under the laws of any country or area in which the Corporation operates; but
(2) does not include a branch, however organized, of a bank or other financial institution that is organized under the laws of a country in which the Corporation does not operate.
(Pub. L. 87–195, pt. I, §238, as added Pub. L. 91–175, pt. I, §105, Dec. 30, 1969, 83 Stat. 815; amended Pub. L. 92–226, pt. I, §104(a), Feb. 7, 1972, 86 Stat. 22; Pub. L. 97–65, §7, Oct. 16, 1981, 95 Stat. 1024; Pub. L. 99–204, §17(a), Dec. 23, 1985, 99 Stat. 1676; Pub. L. 102–549, title I, §106, Oct. 28, 1992, 106 Stat. 3653; Pub. L. 108–158, §§4(b), 5(b), Dec. 3, 2003, 117 Stat. 1950.)
References in TextThe Foreign Assistance Act of 1969, referred to in subsec. (f), is Pub. L. 91–175, Dec. 30, 1969, 83 Stat. 805, as amended. For complete classification of this Act to the Code, see Short Title of 1969 Amendment note set out under section 2151 of this title and Tables. The guaranty authorities repealed by the 1969 Act were the guaranty authorities contained in sections 2181 to 2184 prior to the general reorganization of subpart III by the 1969 Act.
Section 1509(b)(3) of this title, referred to in subsec. (f), was repealed by act Aug. 26, 1954, ch. 937, title V, §542(a)(4), 68 Stat. 861.
Sections 1872(b) and 1933(b) of this title, referred to in subsec. (f), were repealed by Pub. L. 87–195, pt. III, §642(a)(2), Sept. 4, 1961, 75 Stat. 460. Section 642(b) of Pub. L. 87–195 provided that references to provisions of law repealed by subsec. (a) were to be deemed references to the appropriate provisions of Pub. L. 87–195. See sections 2163 and 2351 of this title.
Amendments2003—Subsec. (b). Pub. L. 108–158, §4(b), inserted “, a political subdivision of a foreign government, or a corporation owned or controlled by a foreign government,” after “government”.
Subsec. (d). Pub. L. 108–158, §5(b)(1), struck out “and” after semicolon at end.
Subsec. (g). Pub. L. 108–158, §5(b)(2), (3), added subsec. (g).
1992—Subsecs. (c) to (f). Pub. L. 102–549 struck out “and” at end of subsec. (c), added subsecs. (d) and (e), and redesignated former subsec. (d) as (f).
1985—Subsec. (c)(2). Pub. L. 99–204 inserted reference to the District of Columbia.
1981—Subsec. (a). Pub. L. 97–65 substituted “contribution or commitment of funds” for “contribution of funds”.
1972—Subsec. (c). Pub. L. 92–226 struck out “required by law to be” after “share capital,” in first proviso.
1 See References in Text note below.
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