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22 U.S.C. § 262p–4c — Initiation of discussions to facilitate debt-for-development swaps for human welfare and environmental conservation

submitted 38 years ago by Pub. L. 95-118 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 350 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress finds that debt-for-development swaps can ease poor countries' debt while funding causes like conservation and education. This law directs Treasury to push the World Bank to help borrowing countries set up these swaps, and defines what counts as a swap and qualified debt.

(a) Findings
Congress finds that: (1) voluntary debt-for-development swaps in heavily indebted developing countries can both reduce the burden of foreign debt and free up money inside the country for charitable, educational, and scientific purposes — including environmental conservation, education, human welfare, health, farm research, microenterprise credit, and building up local nonprofits; and (2) heavily indebted countries may want to encourage such swaps as much as possible, as long as it's consistent with sound economic management and doesn't fuel inflation.

(b) Initiation of discussions
(1) In general — The Treasury Secretary must instruct the U.S. representative at the World Bank to start discussions with the Bank's directors, the International Development Association, and the International Finance Corporation, and propose that these institutions give advice and help — as appropriate — to borrowing-country governments that want to set up debt-for-development swaps. This includes advice on mechanisms like trust funds, especially in the context of debt rescheduling, that manage the swaps' effect on the country's economy soundly and preserve the value of the capital raised.
(2) Definitions — (A) "Debt-for-development swap" means buying qualified debt, or having it donated, by a tax-exempt charitable organization (under section 501(c)(3) of title 26), and then transferring that debt to an organization in the foreign country in exchange for that organization, government, or foreign group agreeing to carry out a charitable, educational, or scientific activity. (B) "Qualified debt" means: (i) sovereign debt issued by a foreign government; (ii) debt owed by private institutions in that country; and (iii) debt owed by institutions in that country partly owned by private persons and partly by public institutions.

the actual law source: uscode.house.gov ↗public domain
(a) Findings

The Congress finds that—

(1)

voluntary debt-for-development swaps in heavily indebted developing nations can simultaneously facilitate reduction of the burden of external indebtedness and increase the resources available within the country for charitable, educational, and scientific purposes, including environmental conservation, education, human welfare, health, agricultural research and development, microenterprise credit, and development of indigenous nonprofit organizations; and

(2)

heavily indebted developing countries may desire to facilitate such swaps to the maximum extent consistent with sound domestic economic management and minimization of inflationary impact.

(b) Initiation of discussions to facilitate debt-for-development swaps for human welfare and environmental conservation
(1) In general

The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development to initiate discussions with the directors of such bank, the International Development Association, and the International Finance Corporation and propose that such institutions provide advice and assistance, as appropriate, to borrowing country governments desiring to facilitate debt-for-development swaps, on mechanisms (including trust funds) to accomplish this purpose, particularly in the context of debt rescheduling, which mechanisms result in sound management of the macroeconomic impact of such swaps on such countries, and preserve the value of the capital obtained through such swaps.

(2) Definitions

As used in this section:

(A) Debt-for-development swap

The term “debt-for-development swap” means the purchase of qualified debt by, or the donation of such debt to, an organization described in section 501(c)(3) of title 26 which is exempt from taxation under section 501(a) of title 26, and the subsequent transfer of such debt to an organization located in such foreign country in exchange for an undertaking by such tax-exempt organization, such foreign government, or such foreign organization to engage in a charitable, educational, or scientific activity.

(B) Qualified debt

The term “qualified debt” means—

(i)

sovereign debt issued by a foreign government;

(ii)

debt owed by private institutions in the country governed by such foreign government; and

(iii)

debt owed by institutions in the country governed by such foreign government, which are owned, in part, by private persons and, in part, by public institutions.

Source credit: (Pub. L. 95–118, title XVI, § 1608, as added Pub. L. 100–461, title V, § 555, Oct. 1, 1988, 102 Stat. 2268–36.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 95-118 · 102 Stat. 2268

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-118 on 1988-10-01.

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