Report on Countries That Are Candidates for Millennium Challenge Account Eligibility in Fiscal Year 2012 and Countries That Would Be Candidates but for Legal Prohibitions, 55419-55421 [2011-22882]
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Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Notices
DEPARTMENT OF JUSTICE
emcdonald on DSK5VPTVN1PROD with NOTICES
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation and Liability Act
Notice is hereby given that on August
30, 2011, a proposed Consent Decree in
United States of America and the
Commonwealth of Pennsylvania v.
Schwab Family Partnership, et al., Civil
Action No. 2:10–cv–00412–JD, D.J. Ref.
90–11–2–07622/2, was lodged with the
United States District Court for the
Eastern District of Pennsylvania.
In this action the United States and
the Commonwealth of Pennsylvania
sought reimbursement of response costs
incurred and to be incurred in
connection with the release or
threatened release of hazardous
substances at the Franklin Smelting
Superfund Site and the Franklin Slag
Superfund Site in Philadelphia,
Pennsylvania (the ‘‘Sites’’). The Consent
Decree obligates the Settling Defendants
to pay a total of $2,783,750 to the
United States and $491,250 to the
Commonwealth in reimbursement of
past response costs incurred at the Sites.
The Settling Defendants will also assign
their rights to any future recovery on
insurance policies related to business
operations at the Sites, and one Settling
Defendant will contribute the net
proceeds from the sale of two properties
to the settlement. The amounts to be
paid by each Settling Defendant were
agreed upon after review of financial
information and a determination of
what he or she could pay without
incurring undue financial hardship, in
accordance with the Environmental
Protection Agency’s Ability-to-Pay
guidance.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Consent Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States of America and the
Commonwealth of Pennsylvania v.
Schwab Family Partnership, et al., Civil
Action No. 2:10–cv–00412–JD, D.J. Ref.
90–11–2–07622/2.
The Consent Decree may be examined
at the Office of the United States
Attorney, Eastern District of
Pennsylvania, 615 Chestnut Street, Suite
1250, Philadelphia, PA 19106, and at
U.S. EPA Region 3. During the public
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comment period, the Consent Decree
may also be examined on the following
Department of Justice Web site, https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Consent Decree may also be obtained by
mail from the Consent Decree Library,
P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044–7611 or
by faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov),
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. In
requesting a copy from the Consent
Decree Library, please enclose a check
in the amount of $14.25 (@ 25 cents per
page reproduction cost) payable to the
U.S. Treasury or, if by email or fax,
forward a check in that amount to the
Consent Decree Library at the stated
address.
Robert Brook,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 2011–22786 Filed 9–6–11; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
11 a.m., Thursday,
September 8, 2011.
PLACE: U.S. Parole Commission, 90 K
Street, NE., 3rd Floor, Washington, DC.
STATUS: Closed.
MATTERS TO BE CONSIDERED:
Determinations on four petitions for
reconsideration in original jurisdiction
cases.
TIME AND DATE:
CONTACT PERSON FOR MORE INFORMATION:
Patricia W. Moore, Staff Assistant to the
Chairman, U.S. Parole Commission, 90
K Street, NE., 3rd Floor, Washington,
DC 20530, (202) 346–7001.
Dated: August 29, 2011.
Rockne Chickinell,
General Counsel, U.S. Parole Commission.
[FR Doc. 2011–22565 Filed 9–6–11; 8:45 am]
BILLING CODE 4410–31–M
DEPARTMENT OF JUSTICE
Parole Commission
Sunshine Act Meeting
10 a.m., Thursday,
September 8, 2011.
PLACE: U.S. Parole Commission, 90 K
Street, NE., 3rd Floor, Washington, DC.
STATUS: Open.
TIME AND DATE:
Fmt 4703
Dated: August 29, 2011.
Rockne Chickinell,
General Counsel, U.S. Parole Commission.
[FR Doc. 2011–22564 Filed 9–6–11; 8:45 am]
BILLING CODE 4410–31–M
MILLENNIUM CHALLENGE
CORPORATION
[MCC FR 11–07]
Report on Countries That Are
Candidates for Millennium Challenge
Account Eligibility in Fiscal Year 2012
and Countries That Would Be
Candidates but for Legal Prohibitions
Millennium Challenge
Corporation.
ACTION: Notice.
Sunshine Act Meeting
Frm 00075
MATTERS TO BE CONSIDERED: Approval of
June 21, 2011 meeting minutes; reports
from the Chairman, the Commissioners,
and senior staff; vote on whether the
Rules and Procedures Manual
instructions on credit against reparole
guidelines in supervised release cases
should be revised.
CONTACT PERSON FOR MORE INFORMATION:
Patricia W. Moore, Staff Assistant to the
Chairman, U.S. Parole Commission, 90
K Street, NE., 3rd Floor, Washington,
DC 20530, (202) 346–7001.
AGENCY:
Parole Commission
PO 00000
55419
Sfmt 4703
Section 608(d) of the
Millennium Challenge Act of 2003
requires the Millennium Challenge
Corporation to publish a report that
identifies countries that are ‘‘candidate
countries’’ for Millennium Challenge
Account assistance during FY 2012. The
report is set forth in full below.
SUMMARY:
Dated: September 1, 2011.
Melvin F. Williams, Jr.,
Vice President/General Counsel and
Corporate Secretary, Millennium Challenge
Corporation.
Report on Countries That Are
Candidates for Millennium Challenge
Account Eligibility for Fiscal Year 2012
and Countries That Would Be
Candidates but for Legal Prohibitions
Summary
This report to Congress is provided in
accordance with section 608(a) of the
Millennium Challenge Act of 2003, as
amended, 22 U.S.C. 7701, 7707(a) (the
‘‘Act’’).
The Act authorizes the provision of
Millennium Challenge Account (MCA)
assistance for countries that enter into a
Millennium Challenge Compact with
the United States to support policies
and programs that advance the progress
of such countries to achieve lasting
economic growth and poverty
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Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Notices
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reduction. The Act requires the
Millennium Challenge Corporation
(MCC) to take a number of steps in
selecting countries with which MCC
will seek to enter into a compact,
including (a) determining the countries
that will be eligible for MCA assistance
for fiscal year 2012 (FY12) based on a
country’s demonstrated commitment to
(i) Just and democratic governance, (ii)
economic freedom, and (iii) investments
in its people; and (b) considering the
opportunity to reduce poverty and
generate economic growth in the
country. These steps include the
submission of reports to the
congressional committees specified in
the Act and the publication of notices in
the Federal Register that identify:
The countries that are ‘‘candidate
countries’’ for MCA assistance for FY12
based on per capita income levels and
eligibility to receive assistance under
U.S. law, and countries that would be
candidate countries but for specified
legal prohibitions on assistance (section
608(a) of the Act);
The criteria and methodology that the
MCC Board of Directors (Board) will use
to measure and evaluate the relative
policy performance of the ‘‘candidate
countries’’ consistent with the
requirements of subsections (a) and (b)
of section 607 of the Act in order to
determine ‘‘MCA eligible countries’’
from among the ‘‘candidate countries’’
(section 608(b) of the Act); and
The list of countries determined by
the Board to be ‘‘MCA eligible
countries’’ for FY12, identification of
such countries with which the Board
will seek to enter into compacts, and a
justification for such eligibility
determination and selection for compact
negotiation (section 608(d) of the Act).
This report is the first of three
required reports listed above.
Candidate Countries for FY12
The Act requires the identification of
all countries that are candidates for
MCA assistance for FY12 and the
identification of all countries that would
be candidate countries but for specified
legal prohibitions on assistance.
Sections 606(a) and (b) of the Act
provide that for FY12 a country shall be
a candidate for the MCA if it:
Meets one of the following two
income tests:
Has a per capita income equal to or
less than the historical ceiling of the
International Development Association
eligibility for the fiscal year involved (or
$1,915 gross national income (GNI) per
capita for FY12) (the ‘‘low income
category’’); or
Is classified as a lower middle income
country in the then most recent edition
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of the World Development Report for
Reconstruction and Development
published by the International Bank for
Reconstruction and Development and
has an income greater than the historical
ceiling for International Development
Association eligibility for the fiscal year
involved (or $1,916 to $3,975 GNI per
capita for FY12) (the ‘‘lower middle
income category’’); and
Is not ineligible to receive U.S.
economic assistance under part I of the
Foreign Assistance Act of 1961, as
amended, (the ‘‘Foreign Assistance
Act’’), by reason of the application of
the Foreign Assistance Act or any other
provision of law.
Pursuant to section 606(c) of the Act,
the Board has identified the following
countries as candidate countries under
the Act for FY12. In so doing, the Board
has anticipated that prohibitions against
assistance as applied to countries in the
Department of State, Foreign
Operations, and Related Programs
Appropriations Act, 2010 (Div. F, Pub.
L. 111–117) (the ‘‘FY 2010 SFOAA’’),
will again apply for FY12, even though
the Department of State, Foreign
Operations, and Related Programs
Appropriations Act for FY12 has not yet
been enacted and certain findings under
other statutes have not yet been made.
As noted below, MCC will provide any
required updates on subsequent changes
in applicable legislation or other
circumstances that affect the status of
any country as a candidate country for
FY12. All section references identified
as prohibitions on assistance to a given
country are taken from the FY 2010
SFOAA as carried over by the Full-Year
Continuing Appropriations Act, 2011
(Div. B, Pub. L. 112–10) unless another
statue is identified.
Candidate Countries: Low Income
Category
Afghanistan, Bangladesh, Benin, Bolivia,
Burkina Faso, Burundi, Cambodia,
Cameroon, Chad, Comoros, Cote D’Ivoire,
Djibouti, Ethiopia, Gambia, The; Ghana,
Guinea, Haiti, Honduras, India, Kenya,
Kyrgyz Republic, Lao PDR, Lesotho,
Liberia, Malawi, Mali, Moldova, Mongolia,
Mozambique, Nepal, Nicaragua, Niger,
Nigeria, Pakistan, Rwanda, Sao Tome and
Principe, Senegal, Sierra Leone, Solomon
Islands, Somalia, Tajikistan, Tanzania,
Timor-Leste, Togo, Uganda, Vietnam,
Zambia
Candidate Countries: Lower Middle
Income Category
Angola, Armenia, Belize, Bhutan, Cape
Verde, Congo, Republic of the; Egypt, Arab
Republic; El Salvador, Fiji, Georgia,
Guatemala, Guyana, Indonesia, Iraq,
Kiribati, Kosovo, Marshall Islands,
Morocco, Paraguay, Philippines, Samoa,
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Sri Lanka, Swaziland, Tonga, Tuvalu,
Ukraine, Vanuatu
Countries That Would Be Candidate
Countries but for Legal Prohibitions
That Prohibit Assistance
Countries that would be considered
candidate countries for FY12, but are
ineligible to receive United States
economic assistance under part I of the
Foreign Assistance Act by reason of the
application of any provision of the
Foreign Assistance Act or any other
provision of law are listed below. As
noted above, this list is based on legal
prohibitions against economic
assistance that apply for fiscal year 2011
and that are anticipated to apply again
for FY12.
Prohibited Countries: Low Income
Category
Burma is subject to numerous
restrictions, including but not limited to
section 570 of the FY 1997 Foreign
Operations, Export Financing, and
Related Programs Appropriations Act
(Pub. L. 104–208), which prohibits
assistance to the government of Burma
until it makes progress on improving
human rights and implementing
democratic government, and due to its
status as a major drug-transit or major
illicit drug producing country for 2009
(Presidential Determination No. 2009–
30 (9/15/2009)).
Central African Republic was ranked
a Tier III country in the 2010 Trafficking
in Persons Report and, subject to a
forthcoming Presidential determination,
will be subject to restrictions as of
October 1, unless the President
determines the government has
subsequently come into compliance
with trafficking in persons requirements
or that continuation of assistance is in
the national interest.
Dem. Republic of the Congo was
ranked a Tier III country in the 2010
Trafficking in Persons Report and,
subject to a forthcoming Presidential
determination, will be subject to
restrictions as of October 1, unless the
President determines the government
has subsequently come into compliance
with trafficking in persons requirements
or that continuation of assistance is in
the national interest.
Eritrea is subject to restrictions due to
its status as a Tier III country under the
Trafficking Victims Protection Act, as
amended, 22 U.S.C. sections 7101 et
seq.
Guinea-Bissau was ranked a Tier III
country in the 2010 Trafficking in
Persons Report and, subject to a
forthcoming Presidential determination,
will be subject to restrictions as of
October 1, unless the President
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Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Notices
determines the government has
subsequently come into compliance
with trafficking in persons requirements
or that continuation of assistance is in
the national interest.
Madagascar is subject to section 7008
of the FY 2010 SFOAA, which prohibits
assistance to the government of a
country whose duly elected head of
government is deposed by military coup
or decree and also section 7086(c) of the
FY 2010 SFOAA regarding budget
transparency.
Mauritania was ranked a Tier III
country in the 2010 Trafficking in
Persons Report and, subject to a
forthcoming Presidential determination,
will be subject to restrictions as of
October 1, unless the President
determines the government has
subsequently come into compliance
with trafficking in persons requirements
or that continuation of assistance is in
the national interest.
North Korea is subject to numerous
restrictions, including section 7007 of
the FY 2010 SFOAA which prohibits
any direct assistance to the government.
Papua New Guinea was ranked a Tier
III country in the 2010 Trafficking in
Persons Report and, subject to a
forthcoming Presidential determination,
will be subject to restrictions as of
October 1, unless the President
determines the government has
subsequently come into compliance
with trafficking in persons requirements
or that continuation of assistance is in
the national interest.
Sudan is subject to numerous
restrictions, including but not limited to
section 620A of the Foreign Assistance
Act which prohibits assistance to
governments supporting international
terrorism, section 7012 of the FY 2010
SFOAA and section 620(q) of the
Foreign Assistance Act, both of which
prohibit assistance to countries in
default in payment to the U.S. in certain
circumstances, section 7008 of the FY
2010 SFOAA, which prohibits
assistance to the government of a
country whose duly elected head of
government is deposed by military coup
or decree, and section 7070(f) of the FY
2010 SFOAA.
Uzbekistan’s central government is
subject to section 7076(a) of the FY 2009
SFOAA, which is largely incorporated
by reference and carried forward by
section 7075 of the FY 2010 SFOAA.
This restriction states that funds (other
than expanded international military
education and training funds) may be
made available for assistance to the
central government of Uzbekistan only
if the Secretary of State determines and
reports to the Congress that the
government is making substantial and
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continuing progress in meeting its
commitments under a framework
agreement with the United States.
Yemen was ranked a Tier III country
in the 2010 Trafficking in Persons
Report and, subject to a forthcoming
Presidential determination, will be
subject to restrictions as of October 1,
unless the President determines the
government has subsequently come into
compliance with trafficking in persons
requirements or that continuation of
assistance is in the national interest.
Zimbabwe is subject to several
restrictions, including section 7070(i)(2)
of the FY 2010 SFOAA which prohibits
assistance (except for macroeconomic
growth assistance) to the central
government of Zimbabwe, unless the
Secretary of State determines and
reports to Congress that the rule of law
has been restored in Zimbabwe.
Prohibited Countries: Lower Middle
Income Category
Micronesia, Fed. Sts. was ranked a
Tier III country in the 2010 Trafficking
in Persons Report and, subject to a
forthcoming Presidential determination,
will be subject to restrictions as of
October 1, unless the President
determines the government has
subsequently come into compliance
with trafficking in persons requirements
or that continuation of assistance is in
the national interest.
Syria is subject to numerous
restrictions, including but not limited to
620A of the Foreign Assistance Act
which prohibits assistance to
governments supporting international
terrorism, section 7007 of the FY 2010
SFOAA which prohibits direct
assistance, and section 7012 of the FY
2010 SFOAA and section 620(q) of the
Foreign Assistance Act, both of which
prohibit assistance to countries in
default in payment to the U.S. in certain
circumstances.
Turkmenistan was ranked a Tier III
country in the 2010 Trafficking in
Persons Report and, subject to a
forthcoming Presidential determination,
will be subject to restrictions as of
October 1, unless the President
determines the government has
subsequently come into compliance
with trafficking in persons requirements
or that continuation of assistance is in
the national interest.
The countries identified above as
candidate countries, as well as countries
that would be considered candidate
countries but for the applicability of
legal provisions that prohibit U.S.
economic assistance, may be the subject
of future statutory restrictions or
determinations, or changed country
circumstances, that affect their legal
PO 00000
Frm 00077
Fmt 4703
Sfmt 9990
55421
eligibility for assistance under part I of
the Foreign Assistance Act by reason of
application of the Foreign Assistance
Act or any other provision of law for
FY12. MCC will include any required
updates on such statutory eligibility that
affect countries’ identification as
candidate countries for FY12, at such
time as it publishes the notices required
by sections 608(b) and 608(d) of the Act
or at other appropriate times. Any such
updates with regard to the eligibility or
ineligibility of particular countries
identified in this report will not affect
the date on which the Board is
authorized to determine eligible
countries from among candidate
countries which, in accordance with
section 608(a) of the Act, shall be no
sooner than 90 days from the date of
publication of this report.
[FR Doc. 2011–22882 Filed 9–6–11; 8:45 am]
BILLING CODE 9211–03–P
NATIONAL LABOR RELATIONS
BOARD
Sunshine Act Meetings: September
2011
TIME AND DATES:
All meetings are held at 2:30 p.m.
Tuesday, September 6;
Wednesday, September 7;
Thursday, September 8;
Tuesday, September 13;
Wednesday, September 14;
Thursday, September 15;
Tuesday, September 20;
Wednesday, September 21;
Thursday, September 22;
Tuesday, September 27;
Wednesday, September 28;
Thursday, September 29.
PLACE: Board Agenda Room, No. 11820,
1099 14th St., NW., Washington, DC
20570.
STATUS: Closed.
MATTERS TO BE CONSIDERED: Pursuant to
§ 102.139(a) of the Board’s Rules and
Regulations, the Board or a panel
thereof will consider ‘‘the issuance of a
subpoena, the Board’s participation in a
civil action or proceeding or an
arbitration, or the initiation, conduct, or
disposition * * * of particular
representation or unfair labor practice
proceedings under section 8, 9, or 10 of
the [National Labor Relations] Act, or
any court proceedings collateral or
ancillary thereto.’’ See also 5 U.S.C.
552b(c)(10).
Dated: September 2, 2011.
Lester A. Heltzer,
Executive Secretary.
[FR Doc. 2011–22986 Filed 9–2–11; 4:15 pm]
BILLING CODE 7545–01–P
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]]>Agencies
[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Notices]
[Pages 55419-55421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22882]
=======================================================================
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MILLENNIUM CHALLENGE CORPORATION
[MCC FR 11-07]
Report on Countries That Are Candidates for Millennium Challenge
Account Eligibility in Fiscal Year 2012 and Countries That Would Be
Candidates but for Legal Prohibitions
AGENCY: Millennium Challenge Corporation.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Section 608(d) of the Millennium Challenge Act of 2003
requires the Millennium Challenge Corporation to publish a report that
identifies countries that are ``candidate countries'' for Millennium
Challenge Account assistance during FY 2012. The report is set forth in
full below.
Dated: September 1, 2011.
Melvin F. Williams, Jr.,
Vice President/General Counsel and Corporate Secretary, Millennium
Challenge Corporation.
Report on Countries That Are Candidates for Millennium Challenge
Account Eligibility for Fiscal Year 2012 and Countries That Would Be
Candidates but for Legal Prohibitions
Summary
This report to Congress is provided in accordance with section
608(a) of the Millennium Challenge Act of 2003, as amended, 22 U.S.C.
7701, 7707(a) (the ``Act'').
The Act authorizes the provision of Millennium Challenge Account
(MCA) assistance for countries that enter into a Millennium Challenge
Compact with the United States to support policies and programs that
advance the progress of such countries to achieve lasting economic
growth and poverty
[[Page 55420]]
reduction. The Act requires the Millennium Challenge Corporation (MCC)
to take a number of steps in selecting countries with which MCC will
seek to enter into a compact, including (a) determining the countries
that will be eligible for MCA assistance for fiscal year 2012 (FY12)
based on a country's demonstrated commitment to (i) Just and democratic
governance, (ii) economic freedom, and (iii) investments in its people;
and (b) considering the opportunity to reduce poverty and generate
economic growth in the country. These steps include the submission of
reports to the congressional committees specified in the Act and the
publication of notices in the Federal Register that identify:
The countries that are ``candidate countries'' for MCA assistance
for FY12 based on per capita income levels and eligibility to receive
assistance under U.S. law, and countries that would be candidate
countries but for specified legal prohibitions on assistance (section
608(a) of the Act);
The criteria and methodology that the MCC Board of Directors
(Board) will use to measure and evaluate the relative policy
performance of the ``candidate countries'' consistent with the
requirements of subsections (a) and (b) of section 607 of the Act in
order to determine ``MCA eligible countries'' from among the
``candidate countries'' (section 608(b) of the Act); and
The list of countries determined by the Board to be ``MCA eligible
countries'' for FY12, identification of such countries with which the
Board will seek to enter into compacts, and a justification for such
eligibility determination and selection for compact negotiation
(section 608(d) of the Act).
This report is the first of three required reports listed above.
Candidate Countries for FY12
The Act requires the identification of all countries that are
candidates for MCA assistance for FY12 and the identification of all
countries that would be candidate countries but for specified legal
prohibitions on assistance. Sections 606(a) and (b) of the Act provide
that for FY12 a country shall be a candidate for the MCA if it:
Meets one of the following two income tests:
Has a per capita income equal to or less than the historical
ceiling of the International Development Association eligibility for
the fiscal year involved (or $1,915 gross national income (GNI) per
capita for FY12) (the ``low income category''); or
Is classified as a lower middle income country in the then most
recent edition of the World Development Report for Reconstruction and
Development published by the International Bank for Reconstruction and
Development and has an income greater than the historical ceiling for
International Development Association eligibility for the fiscal year
involved (or $1,916 to $3,975 GNI per capita for FY12) (the ``lower
middle income category''); and
Is not ineligible to receive U.S. economic assistance under part I
of the Foreign Assistance Act of 1961, as amended, (the ``Foreign
Assistance Act''), by reason of the application of the Foreign
Assistance Act or any other provision of law.
Pursuant to section 606(c) of the Act, the Board has identified the
following countries as candidate countries under the Act for FY12. In
so doing, the Board has anticipated that prohibitions against
assistance as applied to countries in the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (Div. F, Pub.
L. 111-117) (the ``FY 2010 SFOAA''), will again apply for FY12, even
though the Department of State, Foreign Operations, and Related
Programs Appropriations Act for FY12 has not yet been enacted and
certain findings under other statutes have not yet been made. As noted
below, MCC will provide any required updates on subsequent changes in
applicable legislation or other circumstances that affect the status of
any country as a candidate country for FY12. All section references
identified as prohibitions on assistance to a given country are taken
from the FY 2010 SFOAA as carried over by the Full-Year Continuing
Appropriations Act, 2011 (Div. B, Pub. L. 112-10) unless another statue
is identified.
Candidate Countries: Low Income Category
Afghanistan, Bangladesh, Benin, Bolivia, Burkina Faso, Burundi,
Cambodia, Cameroon, Chad, Comoros, Cote D'Ivoire, Djibouti,
Ethiopia, Gambia, The; Ghana, Guinea, Haiti, Honduras, India, Kenya,
Kyrgyz Republic, Lao PDR, Lesotho, Liberia, Malawi, Mali, Moldova,
Mongolia, Mozambique, Nepal, Nicaragua, Niger, Nigeria, Pakistan,
Rwanda, Sao Tome and Principe, Senegal, Sierra Leone, Solomon
Islands, Somalia, Tajikistan, Tanzania, Timor-Leste, Togo, Uganda,
Vietnam, Zambia
Candidate Countries: Lower Middle Income Category
Angola, Armenia, Belize, Bhutan, Cape Verde, Congo, Republic of the;
Egypt, Arab Republic; El Salvador, Fiji, Georgia, Guatemala, Guyana,
Indonesia, Iraq, Kiribati, Kosovo, Marshall Islands, Morocco,
Paraguay, Philippines, Samoa, Sri Lanka, Swaziland, Tonga, Tuvalu,
Ukraine, Vanuatu
Countries That Would Be Candidate Countries but for Legal Prohibitions
That Prohibit Assistance
Countries that would be considered candidate countries for FY12,
but are ineligible to receive United States economic assistance under
part I of the Foreign Assistance Act by reason of the application of
any provision of the Foreign Assistance Act or any other provision of
law are listed below. As noted above, this list is based on legal
prohibitions against economic assistance that apply for fiscal year
2011 and that are anticipated to apply again for FY12.
Prohibited Countries: Low Income Category
Burma is subject to numerous restrictions, including but not
limited to section 570 of the FY 1997 Foreign Operations, Export
Financing, and Related Programs Appropriations Act (Pub. L. 104-208),
which prohibits assistance to the government of Burma until it makes
progress on improving human rights and implementing democratic
government, and due to its status as a major drug-transit or major
illicit drug producing country for 2009 (Presidential Determination No.
2009-30 (9/15/2009)).
Central African Republic was ranked a Tier III country in the 2010
Trafficking in Persons Report and, subject to a forthcoming
Presidential determination, will be subject to restrictions as of
October 1, unless the President determines the government has
subsequently come into compliance with trafficking in persons
requirements or that continuation of assistance is in the national
interest.
Dem. Republic of the Congo was ranked a Tier III country in the
2010 Trafficking in Persons Report and, subject to a forthcoming
Presidential determination, will be subject to restrictions as of
October 1, unless the President determines the government has
subsequently come into compliance with trafficking in persons
requirements or that continuation of assistance is in the national
interest.
Eritrea is subject to restrictions due to its status as a Tier III
country under the Trafficking Victims Protection Act, as amended, 22
U.S.C. sections 7101 et seq.
Guinea-Bissau was ranked a Tier III country in the 2010 Trafficking
in Persons Report and, subject to a forthcoming Presidential
determination, will be subject to restrictions as of October 1, unless
the President
[[Page 55421]]
determines the government has subsequently come into compliance with
trafficking in persons requirements or that continuation of assistance
is in the national interest.
Madagascar is subject to section 7008 of the FY 2010 SFOAA, which
prohibits assistance to the government of a country whose duly elected
head of government is deposed by military coup or decree and also
section 7086(c) of the FY 2010 SFOAA regarding budget transparency.
Mauritania was ranked a Tier III country in the 2010 Trafficking in
Persons Report and, subject to a forthcoming Presidential
determination, will be subject to restrictions as of October 1, unless
the President determines the government has subsequently come into
compliance with trafficking in persons requirements or that
continuation of assistance is in the national interest.
North Korea is subject to numerous restrictions, including section
7007 of the FY 2010 SFOAA which prohibits any direct assistance to the
government.
Papua New Guinea was ranked a Tier III country in the 2010
Trafficking in Persons Report and, subject to a forthcoming
Presidential determination, will be subject to restrictions as of
October 1, unless the President determines the government has
subsequently come into compliance with trafficking in persons
requirements or that continuation of assistance is in the national
interest.
Sudan is subject to numerous restrictions, including but not
limited to section 620A of the Foreign Assistance Act which prohibits
assistance to governments supporting international terrorism, section
7012 of the FY 2010 SFOAA and section 620(q) of the Foreign Assistance
Act, both of which prohibit assistance to countries in default in
payment to the U.S. in certain circumstances, section 7008 of the FY
2010 SFOAA, which prohibits assistance to the government of a country
whose duly elected head of government is deposed by military coup or
decree, and section 7070(f) of the FY 2010 SFOAA.
Uzbekistan's central government is subject to section 7076(a) of
the FY 2009 SFOAA, which is largely incorporated by reference and
carried forward by section 7075 of the FY 2010 SFOAA. This restriction
states that funds (other than expanded international military education
and training funds) may be made available for assistance to the central
government of Uzbekistan only if the Secretary of State determines and
reports to the Congress that the government is making substantial and
continuing progress in meeting its commitments under a framework
agreement with the United States.
Yemen was ranked a Tier III country in the 2010 Trafficking in
Persons Report and, subject to a forthcoming Presidential
determination, will be subject to restrictions as of October 1, unless
the President determines the government has subsequently come into
compliance with trafficking in persons requirements or that
continuation of assistance is in the national interest.
Zimbabwe is subject to several restrictions, including section
7070(i)(2) of the FY 2010 SFOAA which prohibits assistance (except for
macroeconomic growth assistance) to the central government of Zimbabwe,
unless the Secretary of State determines and reports to Congress that
the rule of law has been restored in Zimbabwe.
Prohibited Countries: Lower Middle Income Category
Micronesia, Fed. Sts. was ranked a Tier III country in the 2010
Trafficking in Persons Report and, subject to a forthcoming
Presidential determination, will be subject to restrictions as of
October 1, unless the President determines the government has
subsequently come into compliance with trafficking in persons
requirements or that continuation of assistance is in the national
interest.
Syria is subject to numerous restrictions, including but not
limited to 620A of the Foreign Assistance Act which prohibits
assistance to governments supporting international terrorism, section
7007 of the FY 2010 SFOAA which prohibits direct assistance, and
section 7012 of the FY 2010 SFOAA and section 620(q) of the Foreign
Assistance Act, both of which prohibit assistance to countries in
default in payment to the U.S. in certain circumstances.
Turkmenistan was ranked a Tier III country in the 2010 Trafficking
in Persons Report and, subject to a forthcoming Presidential
determination, will be subject to restrictions as of October 1, unless
the President determines the government has subsequently come into
compliance with trafficking in persons requirements or that
continuation of assistance is in the national interest.
The countries identified above as candidate countries, as well as
countries that would be considered candidate countries but for the
applicability of legal provisions that prohibit U.S. economic
assistance, may be the subject of future statutory restrictions or
determinations, or changed country circumstances, that affect their
legal eligibility for assistance under part I of the Foreign Assistance
Act by reason of application of the Foreign Assistance Act or any other
provision of law for FY12. MCC will include any required updates on
such statutory eligibility that affect countries' identification as
candidate countries for FY12, at such time as it publishes the notices
required by sections 608(b) and 608(d) of the Act or at other
appropriate times. Any such updates with regard to the eligibility or
ineligibility of particular countries identified in this report will
not affect the date on which the Board is authorized to determine
eligible countries from among candidate countries which, in accordance
with section 608(a) of the Act, shall be no sooner than 90 days from
the date of publication of this report.
[FR Doc. 2011-22882 Filed 9-6-11; 8:45 am]
BILLING CODE 9211-03-P
