Page:United States Statutes at Large Volume 104 Part 5.djvu/327

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3649 ment purposes in order to improve food security and agricultural development, alleviate poverty, and promote broad-based, equitable, and sustainable development. "(b) TERMS OF AGREEMENT.—An agreement entered into under this Act shall— "(1) include an estimate of the annual value or volume of agricultural commodities proposed to be made available to the country or eligible organization under the agreement; "(2) with respect to agreements entered into under titles I and in, include a statement of the manner in which the agricultural commodities provided under the agreement or the revenues generated by the sale of such commodities (if such commodities are sold), will be integrated into the overall development plans of the country to improve food security and agricultural development, alleviate poverty, and promote broad-based, equitable, and sustainable agriculture; "(3) with respect to agreements entered into under titles I and III, include a statement of the manner in which competitive private sector participation within the recipient country in the storage, marketing, transportation, and distribution of agricultural commodities made available under this Act will be encouraged; "(4) include a statement that such agreement shall be subject to the availability, during each fiscal year to which the agreement applies, of the necessary appropriations and agricultural commodities; and "(5) contain such other terms and conditions as the Secretary or the Administrator, as appropriate, determines to be necessary. " (c) MULTI-YEAR AGREEMENTS. — "(1) IN GENERAL. —Agreements to provide assistance on a multi-year basis under this Act shall be made available to recipient countries or to eligible organizations. "(2) EXCEPTION.—The Secretary or the Administrator, as appropriate, may determine not to make assistance available on a multi-year basis with respect to a recipient country or an eligible organization if it is determined that assistance should be provided to such country or through such organization only on an annual basis because— "(A) the past performance of the country or organization in meeting program objectives does not warrant a multiyear agreement; "(B) it is anticipated that the need of the country or organization for food aid does not extend beyond 1 year; or "(C) other circumstances, as determined by the Secretary or the Administrator, as appropriate, indicate there is only a need for a 1 year agreement. " (d) REVIEW OF AGREEMENTS.—The Secretary or the Administrator, as appropriate, may make a determination to terminate, or refuse to enter into, a multi-year agreement with respect to a recipient country if the Secretary or the Administrator determines that such country is not fulfilling the objectives or requirements of this Act. In making such a determination, the Secretary or the Administrator, as appropriate, may consider the extent to which the country is— "(1) making significant economic development reforms;

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