[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Notices]
[Pages 55419-55421]
From the Federal Register Online via the Government Publishing 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.
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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]
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