Ukraine Guarantees Issued Under the Department of State, Foreign Operations, and Related Programs Appropriations Act of 2015, and the Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014-Standard Terms and Conditions, 22642-22645 [2015-09466]
Download as PDF
<![CDATA[
22642
Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations
Country
License
requirement
Entity
Kimya IC VE Dis Ticaret Ltd., 2nd
Floor, No. 2, Istanbul, Turkey;
and
Yesil Tulumba A, Istanbul, Turkey
34134.
*
*
*
*
[FR Doc. 2015–09442 Filed 4–22–15; 8:45 am]
BILLING CODE 3510–33–P
AGENCY FOR INTERNATIONAL
DEVELOPMENT
22 CFR Part 237
Ukraine Guarantees Issued Under the
Department of State, Foreign
Operations, and Related Programs
Appropriations Act of 2015, and the
Support for the Sovereignty, Integrity,
Democracy, and Economic Stability of
Ukraine Act of 2014—Standard Terms
and Conditions
Agency for International
Development (USAID).
ACTION: Final rule.
AGENCY:
This regulation prescribes the
procedures and standard terms and
conditions applicable to loan guarantees
to be issued for the benefit of Ukraine
pursuant to Title III of the Department
of State, Foreign Operations, and
Related Programs Appropriations Act,
2015, and the Support for the
Sovereignty, Integrity, Democracy, and
Economic Stability of Ukraine Act of
2014.
Effective April 24, 2015.
D.
Bruce McPherson, Office of General
Counsel, U.S. Agency for International
Development, Washington, DC 20523–
6601; tel. 202–712–1611, fax 202–216–
3055.
SUPPLEMENTARY INFORMATION: Pursuant
to Title III of the Department of State,
Foreign Operations, and Related
Programs Appropriations Act, 2015
(Div. J, Pub. L. 113–235) and the
Support for the Sovereignty, Integrity,
Democracy, and Economic Stability of
Ukraine Act of 2014 (Pub. L. 113–95),
the United States of America, acting
through the U.S. Agency for
International Development, may issue
rljohnson on DSK7TPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
17:15 Apr 22, 2015
Jkt 235001
*
*
*
certain loan guarantees applicable to
sums borrowed by Ukraine (the
‘‘Borrower’’), not exceeding an aggregate
total of U.S. $1 billion in principal
amount. Upon issuance, the loan
guarantees shall ensure the Borrower’s
repayment of 100% of principal and
interest due under such borrowings and
the full faith and credit of the United
States of America shall be pledged for
the full payment and performance of
such guarantee obligations.
This rulemaking document is not
subject to rulemaking under 5 U.S.C.
553 or to regulatory review under
Executive Order 12866 because it
involves a foreign affairs function of the
United States. The provisions of the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.) do not apply.
List of Subjects in 22 CFR Part 237
Authority and Issuance
Accordingly, part 237 is added to title
22, chapter II, of the Code of Federal
Regulations, to read as follows:
■
PART 237—UKRAINE LOAN
GUARANTEES ISSUED UNDER THE
DEPARTMENT OF STATE, FOREIGN
OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT
OF 2015, AND THE SUPPORT FOR THE
SOVEREIGNTY, INTEGRITY,
DEMOCRACY, AND ECONOMIC
STABILITY OF UKRAINE ACT OF
2014—STANDARD TERMS AND
CONDITIONS
Sec.
237.01 Purpose.
237.02 Definitions.
237.03 The Guarantee.
237.04 Guarantee eligibility.
237.05 Non-impairment of the Guarantee.
237.06 Transferability of Guarantee; Note
Register.
237.07 Fiscal Agent obligations.
237.08 Event of Default; Application for
Compensation; payment.
237.09 No acceleration of Eligible Notes.
237.10 Payment to USAID of excess
amounts received by a Noteholder.
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
Federal Register
citation
*
Foreign aid, Foreign relations,
Guaranteed loans, Loan programsforeign relations.
SUMMARY:
DATES:
*
*
Dated: April 17, 2015.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
License
review policy
*
*
*
237.11 Subrogation of USAID.
237.12 Prosecution of claims.
237.13 Change in agreements.
237.14 Arbitration.
237.15 Notice.
237.16 Governing law.
Appendix A to Part 237—Application for
Compensation
Authority: Title III of the Department of
State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (Div. J,
Pub. L. 113–235); and the Support for the
Sovereignty, Integrity, Democracy, and
Economic Stability of Ukraine Act of 2014
(Pub. L. 113–95).
§ 237.01
Purpose.
The purpose of the regulations in this
part is to prescribe the procedures and
standard terms and conditions
applicable to loan guarantees issued for
the benefit of the Borrower, pursuant to
Title III of the Department of State,
Foreign Operations, and Related
Programs Appropriations Act, 2015
(Div. J, Pub. L. 113–235) and the
Support for the Sovereignty, Integrity,
Democracy, and Economic Stability of
Ukraine Act of 2014 (Pub. L. 113–95).
The loan guarantees will be issued as
provided herein pursuant to a Loan
Guarantee Agreement to be signed in
April 2015, between the United States of
America and Ukraine (the ‘‘Loan
Guarantee Agreement’’). The loan
guarantee will apply to sums borrowed
during a period beginning on the date
that the Loan Guarantee Agreement
enters into force and ending thirty days
after such date, not exceeding an
aggregate total of one billion United
States Dollars ($1,000,000,000) in
principal amount. The loan guarantees
shall ensure the Borrower’s repayment
of 100% of principal and interest due
under such borrowings. The full faith
and credit of the United States of
America is pledged for the full payment
and performance of such guarantee
obligations.
§ 237.02
Definitions.
Wherever used in the standard terms
and conditions set out in this part:
Applicant means a Noteholder who
files an Application for Compensation
with USAID, either directly or through
E:\FR\FM\23APR1.SGM
23APR1
rljohnson on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations
the Fiscal Agent acting on behalf of a
Noteholder.
Application for Compensation means
an executed application in the form of
Appendix A to this part which a
Noteholder, or the Fiscal Agent on
behalf of a Noteholder, files with USAID
pursuant to § 237.08.
Borrower means Ukraine.
Business Day means any day other
than a day on which banks in New
York, NY are closed or authorized to be
closed or a day which is observed as a
federal holiday in Washington, DC, by
the United States Government.
Date of Application means the date on
which an Application for Compensation
is actually received by USAID pursuant
to § 237.15.
Defaulted Payment means, as of any
date and in respect of any Eligible Note,
any Interest Amount and/or Principal
Amount not paid when due.
Eligible Note(s) means [a] Note[s]
meeting the eligibility criteria set out in
§ 237.04.
Fiscal Agency Agreement means the
agreement among USAID, the Borrower
and the Fiscal Agent pursuant to which
the Fiscal Agent agrees to provide fiscal
agency and trust services in respect of
the Note[s], a copy of which Fiscal
Agency Agreement shall be made
available to Noteholders upon request to
the Fiscal Agent.
Fiscal Agent means the bank or trust
company or its duly appointed
successor under the Fiscal Agency
Agreement which has been appointed
by the Borrower with the consent of
USAID to perform certain fiscal agency
and trust services for specified Eligible
Note[s] pursuant to the terms of the
Fiscal Agency Agreement.
Further Guaranteed Payments means
the amount of any loss suffered by a
Noteholder by reason of the Borrower’s
failure to comply on a timely basis with
any obligation it may have under an
Eligible Note to indemnify and hold
harmless a Noteholder from taxes or
governmental charges or any expense
arising out of taxes or any other
governmental charges relating to the
Eligible Note in the country of the
Borrower.
Guarantee means the guarantee of
USAID pursuant to this part 237, Title
III of the Department of State, Foreign
Operations, and Related Programs
Appropriations Act, 2015 (Div. J, Pub. L.
113–235), and the Support for the
Sovereignty, Integrity, Democracy, and
Economic Stability of Ukraine Act of
2014 (Pub. L. 113–95).
Guarantee Payment Date means a
Business Day not more than three (3)
Business Days after the related Date of
Application.
VerDate Sep<11>2014
15:11 Apr 22, 2015
Jkt 235001
Interest Amount means for any
Eligible Note the amount of interest
accrued on the Principal Amount of
such Eligible Note at the applicable
Interest Rate.
Interest Rate means the interest rate
borne by an Eligible Note.
Loss of Investment means, in respect
of any Eligible Note, an amount in
Dollars equal to the total of the:
(1) Defaulted Payment unpaid as of
the Date of Application,
(2) Further Guaranteed Payments
unpaid as of the Date of Application,
and
(3) Interest accrued and unpaid at the
Interest Rate(s) specified in the Eligible
Note(s) on the Defaulted Payment and
Further Guaranteed Payments, in each
case from the date of default with
respect to such payment to and
including the date on which full
payment thereof is made to the
Noteholder.
Note[s] means any debt securities
issued by the Borrower.
Noteholder means the owner of an
Eligible Note who is registered as such
on the Note Register.
Note Register means the register of
Eligible Notes required to be maintained
by the Fiscal Agent.
Person means any legal person,
including any individual, corporation,
partnership, joint venture, association,
joint stock company, trust,
unincorporated organization, or
government or any agency or political
subdivision thereof.
Principal Amount means the
principal amount of the Eligible Notes
issued by the Borrower. For purposes of
determining the principal amount of the
Eligible Notes issued by the Borrower,
the principal amount of each Eligible
Note shall be the stated principal
amount thereof.
USAID means the United States
Agency for International Development
or its successor.
§ 237.03
The Guarantee.
Subject to the terms and conditions
set out in this part, the United States of
America, acting through USAID,
guarantees to Noteholders the
Borrower’s repayment of 100 percent of
principal and interest due on Eligible
Notes. Under this Guarantee, USAID
agrees to pay to any Noteholder
compensation in Dollars equal to such
Noteholder’s Loss of Investment under
its Eligible Note; provided, however,
that no such payment shall be made to
any Noteholder for any such loss arising
out of fraud or misrepresentation for
which such Noteholder is responsible or
of which it had knowledge at the time
it became such Noteholder. This
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
22643
Guarantee shall apply to each Eligible
Note registered on the Note Register.
§ 237.04
Guarantee eligibility.
(a) Eligible Notes only are guaranteed
hereunder. Notes in order to achieve
Eligible Note status:
(1) Must be signed on behalf of the
Borrower, manually or in facsimile, by
a duly authorized representative of the
Borrower;
(2) Must contain a certificate of
authentication manually executed by
the Fiscal Agent whose appointment by
the Borrower is consented to by USAID
in the Fiscal Agency Agreement; and
(3) Shall be approved and
authenticated by USAID by either:
(i) The affixing by USAID on the
Notes of a guarantee legend
incorporating these Standard Terms and
Conditions signed on behalf of USAID
by either a manual signature or a
facsimile signature of an authorized
representative of USAID or
(ii) The delivery by USAID to the
Fiscal Agent of a guarantee certificate
incorporating these Standard Terms and
Conditions signed on behalf of USAID
by either a manual signature or a
facsimile signature of an authorized
representative of USAID.
(b) The authorized USAID
representatives for purposes of the
regulations in this part whose
signature(s) shall be binding on USAID
shall include the USAID Chief and
Deputy Chief Financial Officer;
Assistant Administrator and Deputy,
Bureau for Economic Growth,
Education, and Environment; Director
and Deputy Director, Office of
Development Credit; and such other
individual(s) designated in a certificate
executed by an authorized USAID
Representative and delivered to the
Fiscal Agent. The certificate of
authentication of the Fiscal Agent
issued pursuant to the Fiscal Agency
Agreement shall, when manually
executed by the Fiscal Agent, be
conclusive evidence binding on USAID
that an Eligible Note has been duly
executed on behalf of the Borrower and
delivered.
§ 237.05
Non-impairment of the Guarantee.
After issuance of a Guarantee, that
Guarantee will be an unconditional, full
faith and credit obligation of the United
States of America, and will not be
affected or impaired by any subsequent
condition or event. This nonimpairment of the guarantee provision
shall not, however, be operative with
respect to any loss arising out of fraud
or misrepresentation for which the
claiming Noteholder is responsible or of
which it had knowledge at the time it
E:\FR\FM\23APR1.SGM
23APR1
22644
Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations
became a Noteholder. Moreover, the
Guarantee shall not be affected or
impaired by:
(a) Any defect in the authorization,
execution, delivery or enforceability of
any agreement or other document
executed by a Noteholder, USAID, the
Fiscal Agent or the Borrower in
connection with the transactions
contemplated by this Guarantee or
(b) The suspension or termination of
the program pursuant to which USAID
is authorized to guarantee the Eligible
Notes.
§ 237.06 Transferability of Guarantee; Note
Register.
A Noteholder may assign, transfer or
pledge an Eligible Note to any Person.
Any such assignment, transfer or pledge
shall be effective on the date that the
name of the new Noteholder is entered
on the Note Register. USAID shall be
entitled to treat the Persons in whose
names the Eligible Notes are registered
as the owners thereof for all purposes of
this Guarantee and USAID shall not be
affected by notice to the contrary.
§ 237.07
Fiscal Agent obligations.
Failure of the Fiscal Agent to perform
any of its obligations pursuant to the
Fiscal Agency Agreement shall not
impair any Noteholder’s rights under
this Guarantee, but may be the subject
of action for damages against the Fiscal
Agent by USAID as a result of such
failure or neglect. A Noteholder may
appoint the Fiscal Agent to make
demand for payment on its behalf under
this Guarantee.
rljohnson on DSK7TPTVN1PROD with RULES
§ 237.08 Event of Default; Application for
Compensation; payment.
At any time after an Event of Default,
as this term is defined in an Eligible
Note, any Noteholder hereunder, or the
Fiscal Agent on behalf of a Noteholder
hereunder, may file with USAID an
Application for Compensation in the
form provided in Appendix A to this
part. USAID shall pay or cause to be
paid to any such Applicant any
compensation specified in such
Application for Compensation that is
due to the Applicant pursuant to the
Guarantee as a Loss of Investment not
later than the Guarantee Payment Date.
In the event that USAID receives any
other notice of an Event of Default,
USAID may pay any compensation that
is due to any Noteholder pursuant to a
Guarantee, whether or not such
Noteholder has filed with USAID an
Application for Compensation in
respect of such amount.
§ 237.09
No acceleration of Eligible Notes.
Eligible Notes shall not be subject to
acceleration, in whole or in part, by
VerDate Sep<11>2014
15:11 Apr 22, 2015
Jkt 235001
USAID, the Noteholder or any other
party. USAID shall not have the right to
pay any amounts in respect of the
Eligible Notes other than in accordance
with the original payment terms of such
Eligible Notes.
§ 237.10 Payment to USAID of excess
amounts received by a Noteholder.
If a Noteholder shall, as a result of
USAID paying compensation under this
Guarantee, receive an excess payment, it
shall refund the excess to USAID.
§ 237.11
Subrogation of USAID.
In the event of payment by USAID to
a Noteholder under this Guarantee,
USAID shall be subrogated to the extent
of such payment to all of the rights of
such Noteholder against the Borrower
under the related Note.
§ 237.12
Prosecution of claims.
After payment by USAID to an
Applicant hereunder, USAID shall have
exclusive power to prosecute all claims
related to rights to receive payments
under the Eligible Notes to which it is
thereby subrogated. If a Noteholder
continues to have an interest in the
outstanding Eligible Notes, such a
Noteholder and USAID shall consult
with each other with respect to their
respective interests in such Eligible
Notes and the manner of and
responsibility for prosecuting claims.
§ 237.13
Change in agreements.
No Noteholder will consent to any
change or waiver of any provision of
any document contemplated by this
Guarantee without the prior written
consent of USAID.
§ 237.14
Arbitration.
Any controversy or claim between
USAID and any Noteholder arising out
of this Guarantee shall be settled by
arbitration to be held in Washington, DC
in accordance with the then prevailing
rules of the American Arbitration
Association, and judgment on the award
rendered by the arbitrators may be
entered in any court of competent
jurisdiction.
§ 237.15
Notice.
Any communication to USAID
pursuant to this Guarantee shall be in
writing in the English language, shall
refer to the Ukraine Loan Guarantee
Number inscribed on the Eligible Note
and shall be complete on the day it shall
be actually received by USAID at the
Office of Development Credit, Bureau
for Economic Growth, Education and
Environment, United States Agency for
International Development, Washington,
DC 20523–0030. Other addresses may be
substituted for the above upon the
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
giving of notice of such substitution to
each Noteholder by first class mail at
the address set forth in the Note
Register.
§ 237.16
Governing law.
This Guarantee shall be governed by
and construed in accordance with the
laws of the United States of America
governing contracts and commercial
transactions of the United States
Government.
Appendix A to Part 237—Application
for Compensation
United States Agency for International
Development
Washington, DC 20523
Ref: Guarantee dated as of llll,
20ll:
Gentlemen: You are hereby advised that
payment of $lll (consisting of $lll of
principal, $lll of interest and $lll in
Further Guaranteed Payments, as defined in
§ 237.02 of the Standard Terms and
Conditions of the above-mentioned
Guarantee) was due on llllll, 20ll,
on $lll Principal Amount of Notes issued
by Ukraine (the ‘‘Borrower’’) held by the
undersigned. Of such amount $lll was
not received on such date and has not been
received by the undersigned at the date
hereof. In accordance with the terms and
provisions of the above-mentioned
Guarantee, the undersigned hereby applies,
under § 237.08 of said Guarantee, for
payment of $lll, representing $lll,
the Principal Amount of the presently
outstanding Note(s) of the Borrower held by
the undersigned that was due and payable on
lll and that remains unpaid, and $lll,
the Interest Amount on such Note(s) that was
due and payable by the Borrower on lll
and that remains unpaid, and $lll in
Further Guaranteed Payments,1 plus accrued
and unpaid interest thereon from the date of
default with respect to such payments to and
including the date payment in full is made
by you pursuant to said Guarantee, at the rate
of ll % per annum, being the rate for such
interest accrual specified in such Note. Such
payment is to be made at [state payment
instructions of Noteholder or Fiscal Agent, as
applicable].
All capitalized terms herein that are not
otherwise defined shall have the meanings
assigned to such terms in the Standard Terms
and Conditions of the above-mentioned
Guarantee.
[Name of Applicant]
By: lllllllllllllllllll
Name: lllllllllllllllll
Title: llllllllllllllllll
Dated: lllllllllllllllll
1 In the event the Application for Compensation
relates to Further Guaranteed Payments, such
Application must also contain a statement of the
nature and circumstances of the related loss.
E:\FR\FM\23APR1.SGM
23APR1
Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations
Date: April 20, 2015.
D. Bruce McPherson,
Attorney Advisor, Office of the General
Counsel, U.S. Agency for International
Development.
[FR Doc. 2015–09466 Filed 4–22–15; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0296]
Drawbridge Operation Regulation;
Lake Washington Ship Canal at
Seattle, WA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the University
Bridge, mile 4.3, across Lake
Washington Ship Canal at Seattle, WA.
The deviation is necessary to
accommodate the ‘‘Beat the Bridge’’ foot
race event. This deviation allows the
bridges to remain in the closed-tonavigation position to allow for the safe
movement of event participants.
DATES: This deviation is effective from
8 a.m. to 9:30 a.m. on May 17, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0296] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. If you have
questions on viewing the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
Seattle Department of Transportation
has requested a temporary deviation
from the operating schedule for the
rljohnson on DSK7TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:11 Apr 22, 2015
Jkt 235001
University Bridge, mile 4.3, across the
Lake Washington Ship Canal at Seattle,
WA, to facilitate safe passage of
participants in the ‘‘Beat the Bridge’’
foot race. The University Bridge, mile
4.3, provides a vertical clearance of 30
feet in the closed position; clearances
are referenced to the mean water
elevation of Lake Washington. The
current operating schedule for the
bridge is set out in 33 CFR 117.1051.
The normal operating schedule for the
University Bridge states that the bridge
need not open from 7 a.m. to 9 a.m. and
from 4 p.m. to 6 p.m. Monday through
Friday, except Federal holidays but
Columbus Day for vessels less than 1000
tons. The normal operating schedule for
the bridge also requires one hour
advance notification for bridge openings
between 11 p.m. and 7 a.m. Waterway
usage on the Lake Washington Ship
Canal ranges from commercial tug and
barge to small pleasure craft.
Vessels able to pass through the
bridge in the closed positions may do so
at any time. The bridge will be able to
open for emergencies and there is no
immediate alternate route for vessels to
pass. The Coast Guard will also inform
the users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessels can arrange
their transits to minimize any impact
caused by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: April 14, 2015.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2015–09476 Filed 4–22–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0298]
Drawbridge Operation Regulation;
Willamette River, Portland, OR
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the upper deck of
the Steel Bridge across the Willamette
SUMMARY:
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
22645
River, mile 12.1, at Portland, OR. The
deviation is necessary to accommodate
the annual Rock ‘n’ Roll 10K event. This
deviation allows the upper deck of the
Steel Bridge to remain in the closed-tonavigation position and need not open
for marine traffic.
DATES: This deviation is effective from
8:20 a.m. on May 17, 2015 until 10:35
a.m. on May 17, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0298] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. If you have
questions on viewing the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The City
of Portland Bureau of Transportation
has requested that the upper deck of the
Steel Bridge remain closed-to-navigation
to accommodate the annual Rock ‘n’
Roll 10K event. The Steel Bridge crosses
the Willamette River at mile 12.1 and is
a double-deck lift bridge with a lower
lift deck and an upper lift deck which
operate independent of each other.
When both decks are in the down
position the bridge provides 26 feet of
vertical clearance above Columbia River
Datum 0.0. When the lower deck is in
the up position the bridge provides 71
feet of vertical clearance above
Columbia River Datum 0.0. This
deviation does not affect the operating
schedule of the lower deck which opens
on signal. Under normal conditions the
upper deck of the Steel Bridge operates
in accordance with 33 CFR
117.897(c)(3)(ii) which states that from
8 a.m. to 5 p.m. Monday through Friday
one hour advance notice shall be given
for draw openings, and at all other times
two hours advance notice shall be given
to obtain an opening. This deviation
period is from 8:20 a.m. on May 17,
2015 until 10:35 a.m. on May 17, 2015.
The deviation allows the upper deck of
the Steel Bridge across the Willamette
E:\FR\FM\23APR1.SGM
23APR1
]]>Agencies
[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)]
[Rules and Regulations]
[Pages 22642-22645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09466]
=======================================================================
-----------------------------------------------------------------------
AGENCY FOR INTERNATIONAL DEVELOPMENT
22 CFR Part 237
Ukraine Guarantees Issued Under the Department of State, Foreign
Operations, and Related Programs Appropriations Act of 2015, and the
Support for the Sovereignty, Integrity, Democracy, and Economic
Stability of Ukraine Act of 2014--Standard Terms and Conditions
AGENCY: Agency for International Development (USAID).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation prescribes the procedures and standard terms
and conditions applicable to loan guarantees to be issued for the
benefit of Ukraine pursuant to Title III of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2015, and
the Support for the Sovereignty, Integrity, Democracy, and Economic
Stability of Ukraine Act of 2014.
DATES: Effective April 24, 2015.
FOR FURTHER INFORMATION CONTACT: D. Bruce McPherson, Office of General
Counsel, U.S. Agency for International Development, Washington, DC
20523-6601; tel. 202-712-1611, fax 202-216-3055.
SUPPLEMENTARY INFORMATION: Pursuant to Title III of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2015 (Div. J, Pub. L. 113-235) and the Support for the Sovereignty,
Integrity, Democracy, and Economic Stability of Ukraine Act of 2014
(Pub. L. 113-95), the United States of America, acting through the U.S.
Agency for International Development, may issue certain loan guarantees
applicable to sums borrowed by Ukraine (the ``Borrower''), not
exceeding an aggregate total of U.S. $1 billion in principal amount.
Upon issuance, the loan guarantees shall ensure the Borrower's
repayment of 100% of principal and interest due under such borrowings
and the full faith and credit of the United States of America shall be
pledged for the full payment and performance of such guarantee
obligations.
This rulemaking document is not subject to rulemaking under 5
U.S.C. 553 or to regulatory review under Executive Order 12866 because
it involves a foreign affairs function of the United States. The
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) do
not apply.
List of Subjects in 22 CFR Part 237
Foreign aid, Foreign relations, Guaranteed loans, Loan programs-
foreign relations.
Authority and Issuance
0
Accordingly, part 237 is added to title 22, chapter II, of the Code of
Federal Regulations, to read as follows:
PART 237--UKRAINE LOAN GUARANTEES ISSUED UNDER THE DEPARTMENT OF
STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT
OF 2015, AND THE SUPPORT FOR THE SOVEREIGNTY, INTEGRITY, DEMOCRACY,
AND ECONOMIC STABILITY OF UKRAINE ACT OF 2014--STANDARD TERMS AND
CONDITIONS
Sec.
237.01 Purpose.
237.02 Definitions.
237.03 The Guarantee.
237.04 Guarantee eligibility.
237.05 Non-impairment of the Guarantee.
237.06 Transferability of Guarantee; Note Register.
237.07 Fiscal Agent obligations.
237.08 Event of Default; Application for Compensation; payment.
237.09 No acceleration of Eligible Notes.
237.10 Payment to USAID of excess amounts received by a Noteholder.
237.11 Subrogation of USAID.
237.12 Prosecution of claims.
237.13 Change in agreements.
237.14 Arbitration.
237.15 Notice.
237.16 Governing law.
Appendix A to Part 237--Application for Compensation
Authority: Title III of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015 (Div. J,
Pub. L. 113-235); and the Support for the Sovereignty, Integrity,
Democracy, and Economic Stability of Ukraine Act of 2014 (Pub. L.
113-95).
Sec. 237.01 Purpose.
The purpose of the regulations in this part is to prescribe the
procedures and standard terms and conditions applicable to loan
guarantees issued for the benefit of the Borrower, pursuant to Title
III of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (Div. J, Pub. L. 113-235) and the
Support for the Sovereignty, Integrity, Democracy, and Economic
Stability of Ukraine Act of 2014 (Pub. L. 113-95). The loan guarantees
will be issued as provided herein pursuant to a Loan Guarantee
Agreement to be signed in April 2015, between the United States of
America and Ukraine (the ``Loan Guarantee Agreement''). The loan
guarantee will apply to sums borrowed during a period beginning on the
date that the Loan Guarantee Agreement enters into force and ending
thirty days after such date, not exceeding an aggregate total of one
billion United States Dollars ($1,000,000,000) in principal amount. The
loan guarantees shall ensure the Borrower's repayment of 100% of
principal and interest due under such borrowings. The full faith and
credit of the United States of America is pledged for the full payment
and performance of such guarantee obligations.
Sec. 237.02 Definitions.
Wherever used in the standard terms and conditions set out in this
part:
Applicant means a Noteholder who files an Application for
Compensation with USAID, either directly or through
[[Page 22643]]
the Fiscal Agent acting on behalf of a Noteholder.
Application for Compensation means an executed application in the
form of Appendix A to this part which a Noteholder, or the Fiscal Agent
on behalf of a Noteholder, files with USAID pursuant to Sec. 237.08.
Borrower means Ukraine.
Business Day means any day other than a day on which banks in New
York, NY are closed or authorized to be closed or a day which is
observed as a federal holiday in Washington, DC, by the United States
Government.
Date of Application means the date on which an Application for
Compensation is actually received by USAID pursuant to Sec. 237.15.
Defaulted Payment means, as of any date and in respect of any
Eligible Note, any Interest Amount and/or Principal Amount not paid
when due.
Eligible Note(s) means [a] Note[s] meeting the eligibility criteria
set out in Sec. 237.04.
Fiscal Agency Agreement means the agreement among USAID, the
Borrower and the Fiscal Agent pursuant to which the Fiscal Agent agrees
to provide fiscal agency and trust services in respect of the Note[s],
a copy of which Fiscal Agency Agreement shall be made available to
Noteholders upon request to the Fiscal Agent.
Fiscal Agent means the bank or trust company or its duly appointed
successor under the Fiscal Agency Agreement which has been appointed by
the Borrower with the consent of USAID to perform certain fiscal agency
and trust services for specified Eligible Note[s] pursuant to the terms
of the Fiscal Agency Agreement.
Further Guaranteed Payments means the amount of any loss suffered
by a Noteholder by reason of the Borrower's failure to comply on a
timely basis with any obligation it may have under an Eligible Note to
indemnify and hold harmless a Noteholder from taxes or governmental
charges or any expense arising out of taxes or any other governmental
charges relating to the Eligible Note in the country of the Borrower.
Guarantee means the guarantee of USAID pursuant to this part 237,
Title III of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (Div. J, Pub. L. 113-235), and the
Support for the Sovereignty, Integrity, Democracy, and Economic
Stability of Ukraine Act of 2014 (Pub. L. 113-95).
Guarantee Payment Date means a Business Day not more than three (3)
Business Days after the related Date of Application.
Interest Amount means for any Eligible Note the amount of interest
accrued on the Principal Amount of such Eligible Note at the applicable
Interest Rate.
Interest Rate means the interest rate borne by an Eligible Note.
Loss of Investment means, in respect of any Eligible Note, an
amount in Dollars equal to the total of the:
(1) Defaulted Payment unpaid as of the Date of Application,
(2) Further Guaranteed Payments unpaid as of the Date of
Application, and
(3) Interest accrued and unpaid at the Interest Rate(s) specified
in the Eligible Note(s) on the Defaulted Payment and Further Guaranteed
Payments, in each case from the date of default with respect to such
payment to and including the date on which full payment thereof is made
to the Noteholder.
Note[s] means any debt securities issued by the Borrower.
Noteholder means the owner of an Eligible Note who is registered as
such on the Note Register.
Note Register means the register of Eligible Notes required to be
maintained by the Fiscal Agent.
Person means any legal person, including any individual,
corporation, partnership, joint venture, association, joint stock
company, trust, unincorporated organization, or government or any
agency or political subdivision thereof.
Principal Amount means the principal amount of the Eligible Notes
issued by the Borrower. For purposes of determining the principal
amount of the Eligible Notes issued by the Borrower, the principal
amount of each Eligible Note shall be the stated principal amount
thereof.
USAID means the United States Agency for International Development
or its successor.
Sec. 237.03 The Guarantee.
Subject to the terms and conditions set out in this part, the
United States of America, acting through USAID, guarantees to
Noteholders the Borrower's repayment of 100 percent of principal and
interest due on Eligible Notes. Under this Guarantee, USAID agrees to
pay to any Noteholder compensation in Dollars equal to such
Noteholder's Loss of Investment under its Eligible Note; provided,
however, that no such payment shall be made to any Noteholder for any
such loss arising out of fraud or misrepresentation for which such
Noteholder is responsible or of which it had knowledge at the time it
became such Noteholder. This Guarantee shall apply to each Eligible
Note registered on the Note Register.
Sec. 237.04 Guarantee eligibility.
(a) Eligible Notes only are guaranteed hereunder. Notes in order to
achieve Eligible Note status:
(1) Must be signed on behalf of the Borrower, manually or in
facsimile, by a duly authorized representative of the Borrower;
(2) Must contain a certificate of authentication manually executed
by the Fiscal Agent whose appointment by the Borrower is consented to
by USAID in the Fiscal Agency Agreement; and
(3) Shall be approved and authenticated by USAID by either:
(i) The affixing by USAID on the Notes of a guarantee legend
incorporating these Standard Terms and Conditions signed on behalf of
USAID by either a manual signature or a facsimile signature of an
authorized representative of USAID or
(ii) The delivery by USAID to the Fiscal Agent of a guarantee
certificate incorporating these Standard Terms and Conditions signed on
behalf of USAID by either a manual signature or a facsimile signature
of an authorized representative of USAID.
(b) The authorized USAID representatives for purposes of the
regulations in this part whose signature(s) shall be binding on USAID
shall include the USAID Chief and Deputy Chief Financial Officer;
Assistant Administrator and Deputy, Bureau for Economic Growth,
Education, and Environment; Director and Deputy Director, Office of
Development Credit; and such other individual(s) designated in a
certificate executed by an authorized USAID Representative and
delivered to the Fiscal Agent. The certificate of authentication of the
Fiscal Agent issued pursuant to the Fiscal Agency Agreement shall, when
manually executed by the Fiscal Agent, be conclusive evidence binding
on USAID that an Eligible Note has been duly executed on behalf of the
Borrower and delivered.
Sec. 237.05 Non-impairment of the Guarantee.
After issuance of a Guarantee, that Guarantee will be an
unconditional, full faith and credit obligation of the United States of
America, and will not be affected or impaired by any subsequent
condition or event. This non-impairment of the guarantee provision
shall not, however, be operative with respect to any loss arising out
of fraud or misrepresentation for which the claiming Noteholder is
responsible or of which it had knowledge at the time it
[[Page 22644]]
became a Noteholder. Moreover, the Guarantee shall not be affected or
impaired by:
(a) Any defect in the authorization, execution, delivery or
enforceability of any agreement or other document executed by a
Noteholder, USAID, the Fiscal Agent or the Borrower in connection with
the transactions contemplated by this Guarantee or
(b) The suspension or termination of the program pursuant to which
USAID is authorized to guarantee the Eligible Notes.
Sec. 237.06 Transferability of Guarantee; Note Register.
A Noteholder may assign, transfer or pledge an Eligible Note to any
Person. Any such assignment, transfer or pledge shall be effective on
the date that the name of the new Noteholder is entered on the Note
Register. USAID shall be entitled to treat the Persons in whose names
the Eligible Notes are registered as the owners thereof for all
purposes of this Guarantee and USAID shall not be affected by notice to
the contrary.
Sec. 237.07 Fiscal Agent obligations.
Failure of the Fiscal Agent to perform any of its obligations
pursuant to the Fiscal Agency Agreement shall not impair any
Noteholder's rights under this Guarantee, but may be the subject of
action for damages against the Fiscal Agent by USAID as a result of
such failure or neglect. A Noteholder may appoint the Fiscal Agent to
make demand for payment on its behalf under this Guarantee.
Sec. 237.08 Event of Default; Application for Compensation; payment.
At any time after an Event of Default, as this term is defined in
an Eligible Note, any Noteholder hereunder, or the Fiscal Agent on
behalf of a Noteholder hereunder, may file with USAID an Application
for Compensation in the form provided in Appendix A to this part. USAID
shall pay or cause to be paid to any such Applicant any compensation
specified in such Application for Compensation that is due to the
Applicant pursuant to the Guarantee as a Loss of Investment not later
than the Guarantee Payment Date. In the event that USAID receives any
other notice of an Event of Default, USAID may pay any compensation
that is due to any Noteholder pursuant to a Guarantee, whether or not
such Noteholder has filed with USAID an Application for Compensation in
respect of such amount.
Sec. 237.09 No acceleration of Eligible Notes.
Eligible Notes shall not be subject to acceleration, in whole or in
part, by USAID, the Noteholder or any other party. USAID shall not have
the right to pay any amounts in respect of the Eligible Notes other
than in accordance with the original payment terms of such Eligible
Notes.
Sec. 237.10 Payment to USAID of excess amounts received by a
Noteholder.
If a Noteholder shall, as a result of USAID paying compensation
under this Guarantee, receive an excess payment, it shall refund the
excess to USAID.
Sec. 237.11 Subrogation of USAID.
In the event of payment by USAID to a Noteholder under this
Guarantee, USAID shall be subrogated to the extent of such payment to
all of the rights of such Noteholder against the Borrower under the
related Note.
Sec. 237.12 Prosecution of claims.
After payment by USAID to an Applicant hereunder, USAID shall have
exclusive power to prosecute all claims related to rights to receive
payments under the Eligible Notes to which it is thereby subrogated. If
a Noteholder continues to have an interest in the outstanding Eligible
Notes, such a Noteholder and USAID shall consult with each other with
respect to their respective interests in such Eligible Notes and the
manner of and responsibility for prosecuting claims.
Sec. 237.13 Change in agreements.
No Noteholder will consent to any change or waiver of any provision
of any document contemplated by this Guarantee without the prior
written consent of USAID.
Sec. 237.14 Arbitration.
Any controversy or claim between USAID and any Noteholder arising
out of this Guarantee shall be settled by arbitration to be held in
Washington, DC in accordance with the then prevailing rules of the
American Arbitration Association, and judgment on the award rendered by
the arbitrators may be entered in any court of competent jurisdiction.
Sec. 237.15 Notice.
Any communication to USAID pursuant to this Guarantee shall be in
writing in the English language, shall refer to the Ukraine Loan
Guarantee Number inscribed on the Eligible Note and shall be complete
on the day it shall be actually received by USAID at the Office of
Development Credit, Bureau for Economic Growth, Education and
Environment, United States Agency for International Development,
Washington, DC 20523-0030. Other addresses may be substituted for the
above upon the giving of notice of such substitution to each Noteholder
by first class mail at the address set forth in the Note Register.
Sec. 237.16 Governing law.
This Guarantee shall be governed by and construed in accordance
with the laws of the United States of America governing contracts and
commercial transactions of the United States Government.
Appendix A to Part 237--Application for Compensation
United States Agency for International Development
Washington, DC 20523
Ref: Guarantee dated as of ____, 20__:
Gentlemen: You are hereby advised that payment of $___
(consisting of $___ of principal, $___ of interest and $___ in
Further Guaranteed Payments, as defined in Sec. 237.02 of the
Standard Terms and Conditions of the above-mentioned Guarantee) was
due on ______, 20__, on $___ Principal Amount of Notes issued by
Ukraine (the ``Borrower'') held by the undersigned. Of such amount
$___ was not received on such date and has not been received by the
undersigned at the date hereof. In accordance with the terms and
provisions of the above-mentioned Guarantee, the undersigned hereby
applies, under Sec. 237.08 of said Guarantee, for payment of $___,
representing $___, the Principal Amount of the presently outstanding
Note(s) of the Borrower held by the undersigned that was due and
payable on ___ and that remains unpaid, and $___, the Interest
Amount on such Note(s) that was due and payable by the Borrower on
___ and that remains unpaid, and $___ in Further Guaranteed
Payments,\1\ plus accrued and unpaid interest thereon from the date
of default with respect to such payments to and including the date
payment in full is made by you pursuant to said Guarantee, at the
rate of __ % per annum, being the rate for such interest accrual
specified in such Note. Such payment is to be made at [state payment
instructions of Noteholder or Fiscal Agent, as applicable].
---------------------------------------------------------------------------
\1\ In the event the Application for Compensation relates to
Further Guaranteed Payments, such Application must also contain a
statement of the nature and circumstances of the related loss.
---------------------------------------------------------------------------
All capitalized terms herein that are not otherwise defined
shall have the meanings assigned to such terms in the Standard Terms
and Conditions of the above-mentioned Guarantee.
[Name of Applicant]
By:--------------------------------------------------------------------
Name:------------------------------------------------------------------
Title:-----------------------------------------------------------------
Dated:-----------------------------------------------------------------
[[Page 22645]]
-----------------------------------------------------------------------
Date: April 20, 2015.
D. Bruce McPherson,
Attorney Advisor, Office of the General Counsel, U.S. Agency for
International Development.
[FR Doc. 2015-09466 Filed 4-22-15; 8:45 am]
BILLING CODE P
