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22 U.S.C. § 284jExpropriation of United States property; loan restrictions

submitted 54 years ago by Pub. L. 86-565 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 223 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President must order U.S. representatives at the World Bank and the Association to vote against loans benefiting any country that has seized, without fair compensation, property owned by U.S. citizens or U.S.-majority-owned companies. This also covers countries that break existing contracts with such citizens, or impose discriminatory taxes with the same effect. This rule doesn't apply if the President finds fair compensation is arranged, arbitration is underway, or good-faith negotiations are happening.

The President must instruct the United States Executive Directors of the World Bank (the International Bank for Reconstruction and Development) and the Association to vote against any loan or other use of Bank or Association funds that would benefit a country that has done any of the following: (1) nationalized, expropriated, or seized property owned by a U.S. citizen, or by a company, partnership, or association that's at least 50 percent U.S.-owned; (2) taken steps to break or cancel existing contracts with such a U.S. citizen, company, partnership, or association; or (3) imposed discriminatory taxes, other financial burdens, or restrictive operating conditions that have the effect of seizing such property. This "vote against" instruction does not apply if the President decides that: (A) a prompt, adequate, and effective compensation arrangement has been made; (B) the parties have submitted their dispute to arbitration under the Convention for the Settlement of Investment Disputes; or (C) good-faith negotiations aimed at prompt, adequate, and effective compensation — under standard international-law principles — are underway.
the actual law source: uscode.house.gov ↗public domain

The President shall instruct the United States Executive Directors of the International Bank for Reconstruction and Development and the International Development Association to vote against any loan or other utilization of the funds of the Bank and the Association for the benefit of any country which has—

(1)

nationalized or expropriated or seized ownership or control of property owned by any United States citizen or by any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by the United States citizens;

(2)

taken steps to repudiate or nullify existing contracts or agreements with any United States citizen or any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by United States citizens; or

(3)

imposed or enforced discriminatory taxes or other exactions, or restrictive maintenance or operational conditions, or has taken other actions, which have the effect of nationalizing, expropriating, or otherwise seizing ownership or control of property so owned;

unless the President determines that (A) an arrangement for prompt, adequate, and effective compensation has been made, (B) the parties have submitted the dispute to arbitration under the rules of the Convention for the Settlement of Investment Disputes, or (C) good faith negotiations are in progress aimed at providing prompt, adequate, and effective compensation under the applicable principles of international law.

Source credit: (Pub. L. 86–565, § 12, as added Pub. L. 92–247, § 1, Mar. 10, 1972, 86 Stat. 60.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 86-565 · 86 Stat. 60

A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-565 on 1972-03-10.

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