ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

7 U.S.C. § 1738pSale, reduction, or cancellation of qualified debt to facilitate certain debt swaps

submitted 72 years ago by Pub. L. 102-532 to r/title-7-AGRICULTURE · 470 words · no verdicts yet

in plain englishAI-generated · not legal advice

To facilitate eligible debt-for-development or debt-for-nature swaps, the President may sell qualified debt or reduce or cancel it after payment by an eligible payor. The section sets eligibility, consultation, a right of first refusal, a 40-percent limit, and administration rules.

(a) Authority.—For eligible debt swaps, the President may, under this section, (1) sell an eligible country’s qualified debt to an eligible purchaser under (c)(1), or (2) reduce or cancel it after receiving payment from an eligible payor under (c)(2). (b) Terms.—The President must set the terms and conditions for selling, reducing, or canceling the debt. (c) Eligible purchasers and payors.—(1) A purchaser may buy debt only if it gives the President satisfactory plans to use it for eligible debt swaps. (2) Debt may be reduced or canceled only if the payor gives satisfactory plans to use that reduction or cancellation to facilitate eligible debt swaps. (d) Consultation and first refusal.—(1) Before acting, the President should consult the country about, among other things, the debt amount and its use for swaps. (2) The country’s qualified debt may be sold, reduced, or canceled under this section only if that country was offered the opportunity to purchase that debt under section 1738o and did not accept the offer. (e) Limit.—Together, no more than 40 percent of a country’s qualified debt may be sold, reduced, or canceled under this section or sold under section 1738o. (f) Administration.—The Facility must tell the Commodity Credit Corporation which purchasers and payors qualify and direct the Corporation to act. The Corporation must adjust its accounts. (g) Appropriations.—This authority may be used only as advance appropriations Acts provide. (h) Proceeds.—Proceeds go into United States Government accounts established for repaying the debt. (i) “Eligible debt swap” means a debt-for-development swap or debt-for-nature swap.
the actual law source: uscode.house.gov ↗public domain
(a) Authority to sell, reduce, or cancel qualified debt

For the purpose of facilitating eligible debt swaps, the President, in accordance with this section—

(1)

may sell to an eligible purchaser (as determined pursuant to subsection (c)(1)) any qualified debt of an eligible country; or

(2)

may reduce or cancel eligible debt of an eligible country upon receipt of payment from an eligible payor (as determined under subsection (c)(2)).

(b) Terms and conditions

The President shall establish the terms and conditions under which qualified debt may be sold, reduced, or canceled pursuant to this section.

(c) Eligible purchasers and eligible payors
(1) Sales of debt

Qualified debt may be sold pursuant to subsection (a)(1) only to a purchaser who presents plans satisfactory to the President for using the debt for the purpose of engaging in eligible debt swaps.

(2) Reduction or cancellation of debt

Qualified debt may be reduced or cancelled pursuant to subsection (a)(2) only if the payor presents plans satisfactory to the President for using such reduction or cancellation for the purpose of facilitating eligible debt swaps.

(d) Debtor consultation and right of first refusal
(1) Consultation

Before selling, reducing, or canceling any qualified debt of an eligible country pursuant to this section, the President should consult with that country concerning, among other things, the amount of debt to be sold, reduced, or canceled and the uses of such debt for eligible debt swaps.

(2) Right of first refusal

The qualified debt of an eligible country may be sold, reduced, or cancelled pursuant to this section only if that country has been offered the opportunity to purchase that debt pursuant to section 1738o of this title and has not accepted that offer.

(e) Limitation

In the aggregate, not more than 40 percent of the qualified debt of an eligible country may be sold, reduced, or cancelled under this section or sold under section 1738o of this title.

(f) Administration

The Facility shall notify the Commodity Credit Corporation of purchasers and payors the President has determined to be eligible under subsection (c), and shall direct the corporation to carry out the sale, reduction, or cancellation of a qualified debt pursuant to this section. The Commodity Credit Corporation shall make an adjustment in its accounts to reflect such sale, reduction, or cancellation.

(g) Appropriations requirement

The authorities provided by this section may be exercised only in such amounts and to such extent as is provided in advance in appropriations Acts.

(h) Deposit of proceeds

The proceeds from the sale, reduction, or cancellation of qualified debt pursuant to this section shall be deposited in the United States Government account or accounts established for the repayment of such debt.

(i) Eligible debt swaps

As used in this section, the term “eligible debt swap” means a debt-for-development swap or debt-for-nature swap.

Source credit: (July 10, 1954, ch. 469, title VI, § 617, as added Pub. L. 102–532, § 2, Oct. 27, 1992, 106 Stat. 3510.)

history & why it existsrecord from the source credit
  • 1954Enacted · Pub. L. 102-532 · 106 Stat. 3510

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-532 on 1954-07-10.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case