$66,750,000 for payment by the Secretary of the Treasury: Provided, however, That no funds may be made available for such contribution for the fiscal year 1982.31

Sec. 27.32 (a)(1) The United States Governor of the Bank is authorized to subscribe on behalf of the United States to one hundred twenty-three thousand three hundred and seventy-five additional shares of the capital stock of the Bank.

(2) Any subscription to the capital stock of the Bank shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. 33

(b) In order to pay for the increase in the United States subscription to the Bank provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $1,322,999,476 for payment by the Secretary of the Treasury.

(c) The Congress hereby finds that—

(A) the Republic of China (Taiwan) is a charter member in good standing of the Asian Development Bank;

(B) the Republic of China has grown from a borrower to a lender in the Asian Development Bank; and

(C) the Republic of China provides, through its economic success, a model for other nations in Asia.

(2) It is the sense of the Congress that

(A) Taiwan, Republic of China, should remain a full member of the Asian Development Bank, and that its status within that body should remain unaltered no matter how the issue of the People's Republic of China's application for membership is disposed of;

(B) the President and the Secretary of State should express support of Taiwan, Republic of China, making it clear that the United States will not countenance attempts to expel Taiwan, Republic of China, from the Asian Development Bank; and

(C) the Secretary of the Senate and Clerk of the House shall transmit a copy of this resolution to the President with the request that he transmit such copy to the Board of Governors of the Asian Development Bank.

Sec. 28.34 (a)(1) The United States Governor of the Bank is authorized to contribute on behalf of the United States $520,000,000 to the Asian Development Fund, a special fund of the Bank.

(2) Any commitment to make the contribution authorized in paragraph (1) shall be made subject to obtaining the necessary appropriations. 35

31 Sec. 101(b)(1) of the Further Continuing Appropriations Act, 1983, (Public Law 97-377) provided $66.75 million during fiscal year 1983 for this authorization.

32 22 U.S.C. 285y. Sec. 27 was added by sec. 1002 of Public Law 98-181 (97 Stat. 1285).

33 Appropriations for U.S. payments authorized in sec. 27 have been provided in the following amounts and acts: Fiscal year 1984-$264.6 million ($13.2 million paid-in capital; $251.4 million callable capital) (Public Law 98-151); fiscal year 1985-$264.6 million ($13.2 million paid-in capital; $251.4 million callable capital) (Public Law 98-473); fiscal year 1986-$238.1 million (11.9 million paid-in capital; $226.2 million callable capital) (Public Law 99-190).

34 22 U.S.C. 285z. Sec. 28 was added by sec. 1002 of Public Law 98-181 (97 Stat. 1286).

35 Appropriations for U.S. payments authorized in sec. 28 have been provided in the following amounts and acts: Fiscal year 1984-$97 million (Public Law 98-151); fiscal year 1985-$71.8 million (Public Law 98-473); fiscal year 1985 supplemental-$91.2 million (Public Law 99-88); fiscal year 1986-$100 million (Public Law 99–190).

(b) In order to pay for the United States contribution to the Asian Development Fund provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $520,000,000 for payment by the Secretary of the Treasury.

17. African Development Fund Act, as amended

Partial text of Public Law 94–302 [H.R. 9721], 90 Stat. 591, approved May 31, 1976, as amended by Public Law 95-118 [H.R. 5262], 91 Stat. 1067 at 1069, approved October 3, 1977; Public Law 96–259 [S. 662], 94 Stat. 429 at 430, approved June 3, 1980; Public Law 96-465 [H.R. 6790], 94 Stat. 2071 at 2161, approved October 17, 1980; and by Public Law 98-181 [Supplemental Appropriations Act, 1984; H.R. 3959], 97 Stat. 1153 at 1286, approved November 30, 1983; and by Public Law 99190 [Further Continuing Appropriations, 1986; H.J. Res. 465], 99 Stat. 1294, approved December 19, 1985

AN ACT To provide for increased participation by the United States in the InterAmerican Development Bank, to provide for the entry of nonregional members and the Bahamas and Guyana in the Inter-American Development Bank, to provide for the participation of the United States in the African Development Fund, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE II-AFRICAN DEVELOPMENT FUND

Sec. 201. This title may be cited as the "African Development Fund Act".

Sec. 202.1 The President is hereby authorized to accept participation for the United States in the African Development Fund (hereinafter referred to as the "Fund") provided for by the agreement establishing the Fund (hereinafter referred to as the "agreement") deposited in the archives of the United Nations.

Sec. 203.2 (a) The President by and with the advice and consent of the Senate, shall appoint a Governor, and an Alternate Governor, of the Fund.

(b) The Governor, or in his absence the Alternate Governor, on the instructions of the President, shall cast the votes of the United States for the Director to represent the United States in the Fund. The Director representing the United States and his Alternate, if they are citizens of the United States, may, in the discretion of the President, receive such compensation, allowances, and other benefits not exceeding those authorized for a chief of mission, under the Foreign Service Act of 1980.3

Sec. 204. The provisions of section 4 of the Bretton Woods Agreements Act, as amended (22 U.S.C. 286b),5 shall apply with re

1 22 U.S.C. 290g.

2 22 U.S.C. 290g-1.

3 The references to the chief of mission and to the Foreign Service Act of 1980 were inserted by Public Law 96-465 (94 Stat. 2161), effective Feb. 15, 1981. These references formerly pertained to the Chief of Mission, class 2, and to the Foreign Service Act of 1946, respectively.

4 22 U.S.C. 290g-2.

"For text, see page 590.

spect to the Fund to the same extent as with respect to the International Bank for Reconstruction and Development and the International Monetary Fund. Reports with respect to the Fund under paragraphs (5) and (6) of subsection 4 of said Act, as amended, shall be included in the first report made thereunder after the United States accepts participation in the Fund.

Sec. 205. Unless Congress by law authorizes such action, neither the President nor any person or agency, shall, on behalf of the United States:

(a) agree to an increase in the subscription of the United States to the Fund;

(b) vote for or agree to any amendment of the agreement which increases the obligations of the United States, or which would change the purpose of functions of the Fund; or

(c) make a loan or provide other financing to the Fund, except that funds for technical assistance may be provided to the Fund by a United States agency created pursuant to an Act of Congress which is authorized by law to provide funds to international organizations.

Sec. 206. (a) There is hereby authorized to be appropriated without fiscal year limitation, as the United States subscription, $25,000,000 to be paid by the Secretary of the Treasury to the Fund three annual installments of $9,000,000, $8,000,000, and $8,000,000.

(b) Any repayment or distribution of moneys from the Fund to the United States shall be covered into the Treasury as a miscellaneous receipt.

Sec. 207. Any Federal Reserve bank which is requested to do so by the President shall act as a depository for the Fund, and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks.

Sec. 208. For the purpose of any civil action which may be brought within the United States, its territories or possessions, or the Commonwealth of Puerto Rico, by or against the Fund in accordance with the agreement, the Fund shall be deemed to be an inhabitant of the Federal judicial district in which its principal office or agency appointed for the purpose of accepting service or notice of service is located, and any such action to which the Fund shall be party shall be deemed to arise under the laws of the United States, and the district courts of the United States (including the courts enumerated in title 28, section 460, United States Code) shall have original jurisdiction of any such action. When the Fund is defendant in any action in a State court, it may, at any time before the trial thereof, remove any such action into the district court of the United States for the proper district by following the procedure for removal of causes otherwise provided by law.

Sec. 209.10 The agreement, including without limitation articles 41 through 50, shall have full force and effect in the United States,

$22 USC 290g-3.

122 USC 290g-4. 22 USC 290g-5 22 U.S.C. 290g 6. 10 22 USC 290g-7.

its territories and possessions, and the Commonwealth of Puerto Rico, upon the acceptance of participation by the United States in, and the entry into force of, the Fund. The President, at the time of deposit of the instrument of acceptance of participation of the United States in the Fund, shall also deposit a declaration that the United States retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the Fund to its citizens or nationals and may deposit a declaration providing for reservations on other matters set forth in article 58.

Sec. 210.11 The President shall instruct the United States Governor of the Fund to cause the Executive Director representing the United States in the Fund to cast the votes of the United States against any loan or other utilization of the funds of the Fund 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 United States citi

zens;

(2) taken steps 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, 12 or (C) good faith negotiations are in progress aimed at providing prompt, adequate, and effective compensation under the ap plicable principles of international law.

Sec. 211.13 (a) The United States Governor is hereby authorized to contribute on behalf of the United States $50,000,000 to the African Development Fund, which would represent an additional United States contribution to the first replenishment. The Secretary of the Treasury is directed to begin discussions with other donor nations to the African Development Fund for the purpose of setting amounts and of reviewing and possibly changing the voting structure within the Fund. Provided, however, That any commitment to make such contribution shall be made subject to obtaining the necessary appropriations.

11 22 U.S.C. 290g-8.

12 For text see vol. III.

13 22 U.S.C. 290g-10. This section, which was added as sec. 212 by sec. 601 of Public Law 95118 (91 Stat. 1069), was redesignated as sec. 211 by sec. 301(1) of Public Law 96-259 (94 Stat. 430). The original sec. 211, which directed the U.S. Governor of the Fund to vote against any loans or assistance to any country engaging in violations of human rights, was repealed by sec. 702 of Public Law 95-118 (91 Stat. 1070). For new references to the African Development Fund and human rights, see title VII of Public Law 95-118 (page 678).