Page:United States Statutes at Large Volume 118.djvu/3022

 118 STAT. 2992 PUBLIC LAW 108–447—DEC. 8, 2004 to the Committees on Appropriations that such taxes have not been reimbursed to the Government of the United States. (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b). (d) REPROGRAMMING OF FUNDS.—Funds withheld from obliga tion for each country or entity pursuant to subsection (b) shall be reprogrammed for assistance to countries which do not assess taxes on United States assistance or which have an effective arrangement that is providing substantial reimbursement of such taxes. (e) DETERMINATIONS.— (1) The provisions of this section shall not apply to any country or entity the Secretary of State determines— (A) does not assess taxes on United States assistance or which has an effective arrangement that is providing substantial reimbursement of such taxes; or (B) the foreign policy interests of the United States outweigh the policy of this section to ensure that United States assistance is not subject to taxation. (2) The Secretary of State shall consult with the Commit tees on Appropriations at least 15 days prior to exercising the authority of this subsection with regard to any country or entity. (f) IMPLEMENTATION.—The Secretary of State shall issue rules, regulations, or policy guidance, as appropriate, to implement the prohibition against the taxation of assistance contained in this section. (g) DEFINITIONS.—As used in this section— (1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to value added taxes and customs duties imposed on commodities financed with United States assistance for programs for which funds are appropriated by this Act; and (2) the term ‘‘bilateral agreement’’ refers to a framework bilateral agreement between the Government of the United States and the government of the country receiving assistance that describes the privileges and immunities applicable to United States foreign assistance for such country generally, or an individual agreement between the Government of the United States and such government that describes, among other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement. PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES SEC. 507. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance or reparations to Cuba, Libya, North Korea, Iran, or Syria: Provided, That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insurance and guarantees of the Export Import Bank or its agents. MILITARY COUPS SEC. 508. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by decree or Rules. Regulations. Taxes. Deadline.

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