22 U.S.C. § 7705 (changes) — Candidate countries

Current — December 23, 2024

As of April 23, 2018

(a) Low income countries

(1) Fiscal year 2004

(a) In general

A country shall be a candidate country for purposes of eligibility ~~for~~ assistance ~~for fiscal year 2004~~ if—

A country shall be a candidate country for purposes of eligibility to receive assistance under section 7704 of this title if—

~~(A) the country is eligible for assistance from the International Development Association, and~~ the per capita income of the country is equal to or less than the ~~historical ceiling of the International Development Association~~ for ~~that year, as defined by~~ the International Bank for Reconstruction and ~~Development;~~ and

(1) the per capita income of the country in a fiscal year is equal to or less than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process for the fiscal year; and

~~(B)~~ subject to ~~paragraph (4),~~ the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 ~~[22~~ U.S.C. 2151 et ~~seq.]~~ by reason of the application of any provision of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] or any other provision of law.

(2) subject to subsection (b), the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) by reason of the application of any provision of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] or any other provision of law.

(2) Fiscal years 2005 through 2012

A country shall be a candidate country for purposes of eligibility for assistance for each of fiscal years 2005 through 2012 if—

(A) the per capita income of the country is equal to or less than the historical ceiling of the International Development Association for the fiscal year involved, as defined by the International Bank for Reconstruction and Development; and

(B) the country meets the requirements of paragraph (1)(B).

(3) Fiscal year 2013 and subsequent fiscal years

A country shall be a candidate country for purposes of eligibility for assistance for fiscal year 2013 or a subsequent fiscal year if the country—

(A) has a per capita income not greater than the lower middle income country threshold established by the International Bank for Reconstruction and Development for such fiscal year;

(B) is among the 75 countries identified by the International Bank for Reconstruction and Development as having the lowest per capita income; and

~~(4)~~ Rule of construction

(b) Rule of construction

For the purposes of determining whether a country is ~~eligible for receiving~~ assistance under section 7704 of this ~~title pursuant to paragraph (1)(B),~~ the exercise by the President, the Secretary of State, or any other officer or employee of the United States of any waiver or suspension of any provision of law referred to in ~~such paragraph,~~ and notification to the appropriate congressional committees in accordance with such provision of law, shall be construed as satisfying the ~~requirement of such paragraph.~~

For the purposes of determining whether a country is eligible, pursuant to subsection (a)(2), to receive assistance under section 7704 of this title, the exercise by the President, the Secretary of State, or any other officer or employee of the United States Government of any waiver or suspension of any provision of law referred to in subsection (a)(2), and notification to the appropriate congressional committees in accordance with such provision of law, shall be construed as satisfying the requirements under subsection (a).

(b) Lower middle income countries

(1) Fiscal years 2006 through 2012

In addition to countries described in subsection (a), a country shall be a candidate country for purposes of eligibility for assistance for fiscal years 2006 through 2012 if the country—

(A) 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; and

(B) meets the requirements of subsection (a)(1)(B).

(2) Fiscal year 2013 and subsequent fiscal years

In addition to the countries described in subsection (a), a country shall be a candidate country for purposes of eligibility for assistance for fiscal year 2013 or a subsequent fiscal year if the country—

(A) has a per capita income not greater than the lower middle income country threshold established by the International Bank for Reconstruction and Development for the fiscal year;

(B) is not among the 75 countries identified by the International Bank for Reconstruction and Development as having the lowest per capita income; and

(3) Limitation

The total amount of assistance provided to countries described in paragraph (1) for fiscal year 2006 or any subsequent fiscal year may not exceed 25 percent of the total amount of assistance provided to all countries under section 7704 of this title for fiscal year 2006 or the subsequent fiscal year, as the case may be.

A country qualifying for candidate status under this section with a per capita income that changes during the fiscal year such that the country would be reclassified from a low income country to a lower middle income country or from a lower middle income country to a low income country shall retain its candidacy status in its former income classification for such fiscal year and the 2 subsequent fiscal years.

~~(d) Identification~~ by the Board

The Board shall ~~identify~~ whether a country is a candidate country for purposes of this section.

The Board shall determine whether a country is a candidate country for purposes of this section.