Page:United States Statutes at Large Volume 117.djvu/228

 PUBLIC LAW 108–7—FEB. 20, 2003

117 STAT. 209

PROCUREMENT AND FINANCIAL MANAGEMENT REFORM

SEC. 573. (a) FUNDING CONDITIONS.—Of the funds made available under the heading ‘‘International Financial Institutions’’ in this Act, 10 percent of the United States portion or payment to such International Financial Institution shall be withheld by the Secretary of the Treasury, until the Secretary certifies to the Committees on Appropriations that, to the extent pertinent to its lending programs, the institution is— (1) implementing procedures for conducting annual audits by qualified independent auditors for all new investment lending; (2) implementing procedures for annual independent external audits of central bank financial statements for countries making use of International Monetary Fund resources under new arrangements or agreements with the Fund; (3) taking steps to establish an independent fraud and corruption investigative organization or office; (4) implementing a process to assess a recipient country’s procurement and financial management capabilities including an analysis of the risks of corruption prior to initiating new investment lending; and (5) taking steps to fund and implement programs and policies to improve transparency and anti-corruption programs and procurement and financial management controls in recipient countries. (b) DEFINITIONS.—The term ‘‘International Financial Institutions’’ means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the Inter-American Investment Corporation, the Enterprise for the Americas Multilateral Investment Fund, the Asian Development Bank, the Asian Development Fund, the African Development Bank, the African Development Fund, the European Bank for Reconstruction and Development, and the International Monetary Fund.

Certification.

CENTRAL ASIA

SEC. 574. (a) Funds appropriated by this Act may be made available for assistance for the Government of Uzbekistan only if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Uzbekistan is making substantial and continuing progress in meeting its commitments under the ‘‘Declaration on the Strategic Partnership and Cooperation Framework Between the Republic of Uzbekistan and the United States of America’’. (b) Funds appropriated by this Act may be made available for assistance for the Government of Kazakhstan only if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Kazakhstan has made significant improvements in the protection of human rights during the preceding 6 month period. (c) The Secretary of State may waive the requirements under subsection (b) if he determines and reports to the Committees on Appropriations that such a waiver is in the national security interests of the United States.

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