§2374. Prohibition on assistance to Afghanistan

(a) Prohibition; conditions for resumption of assistance

None of the funds authorized to be appropriated under this chapter may be used to furnish assistance to Afghanistan nor may funds authorized to be appropriated under this chapter before October 1, 1979, be expended for assistance to Afghanistan until the President certifies to the Congress that-

(1) the Government of Afghanistan has apologized officially and assumes responsibility for the death of Ambassador Adolph Dubs; and

(2) the Government of Afghanistan agrees to provide adequate protection for all personnel of the United States Government in Afghanistan.

(b) Substantially changed circumstances

The provisions of subsection (a) of this section shall not apply if the President determines that such assistance is in the national interest of the United States because of substantially changed circumstances in Afghanistan.

(Pub. L. 87–195, pt. III, §620D, as added Pub. L. 96–53, title V, §505, Aug. 14, 1979, 93 Stat. 378 .)

References in Text

This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424 , as amended, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.

Effective Date

Section effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as an Effective Date of 1979 Amendment note under section 2151 of this title.

Delegation of Functions

For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.

Humanitarian Assistance

Pub. L. 99–83, title IX, §904, Aug. 8, 1985, 99 Stat. 268 , provided that:

"(a) Authorization.-The President may make available funds authorized to be appropriated to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 [part IV of subchapter II of this chapter] (relating to the economic support fund) for the provision of food, medicine, or other humanitarian assistance to the Afghan people, notwithstanding any other provision of law.

"(b) Earmarking of Funds.-Each fiscal year, not less than $15,000,000 of the aggregate amount of funds available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 shall be available only for humanitarian assistance to the Afghan people pursuant to subsection (a) of this section.

"(c) Effective Dates.-This section shall take effect on the date of enactment of this Act [Aug. 8, 1985], except that subsection (b) shall not apply to fiscal year 1985."

Assistance to and Trade With Afghanistan

Determination of President of the United States, No. 93–3, Oct. 7, 1992, 57 F.R. 47557, provided:

Memorandum for the Secretary of State

By virtue of the authority vested in me by section 620D(b) of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2374(b)), I hereby determine that furnishing assistance to Afghanistan with funds authorized to be appropriated under that Act is in the national interest of the United States because of substantially changed circumstances in Afghanistan.

By virtue of the authority vested in me by section 2(b)(2)(C) of the Export-Import Bank Act of 1945, as amended (12 U.S.C. 635(b)(2)(C)), I hereby determine that Afghanistan has ceased to be a Marxist-Leninist country within the definition of such term in subparagraph (B)(i) of section 2(b)(2) of that Act (12 U.S.C. 635(b)(2)(B)(i)).

In accordance with section 118(c)(1) of Public Law 99–190 (99 Stat. 1319), I hereby provide notice of my intention to restore nondiscriminatory trade treatment to the products of Afghanistan no sooner than 30 days following receipt by the Congress of this memorandum.

Attached to this determination is a Statement of Justification for these actions, setting forth, among other things, a description of U.S. national interests in resuming assistance and normal trade ties with Afghanistan. [Text of Statement of Justification appears at 57 F.R. 47557.]

You are authorized and directed to report these actions to the Congress and to publish this memorandum in the Federal Register.

George Bush.