17 August 2006
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[Federal Register: August 17, 2006 (Volume 71, Number 159)]
[Notices]
[Page 47538-47540]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au06-88]
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MILLENNIUM CHALLENGE CORPORATION
[MCC FR 06-12]
Report on Countries That Are Candidates for Millennium Challenge
Account Eligibility in Fiscal Year 2007 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 2007. The report is set forth in
full below.
Report on Countries That Are Candidates for Millennium Challenge
Account Eligibility for Fiscal Year 2007 and Countries That Would Be
Candidates but for Legal Prohibitions
This report to Congress is provided in accordance with Section
608(a) of the Millennium Challenge Act of 2003, 22 U.S.C. 7701, 7707
(a) (``Act'').
The Act authorizes the provision of Millennium Challenge Account
(``MCA'') assistance to countries that enter into Compacts with the
United States to support policies and programs that advance the
progress of such countries achieving lasting economic growth and
poverty reduction. The Act requires Millennium Challenge Corporation
(``MCC'') to take a number of steps in determining the countries that,
based on their demonstrated commitment to just and democratic
[[Page 47539]]
governance, economic freedom and investing in their people and the
opportunity to reduce poverty and generate economic growth in the
country, will be eligible for MCA assistance for Fiscal Year (FY) 2007.
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:
1. The countries that are ``candidate countries'' for MCA
assistance for FY 2007 based on their per-capita income levels and
their 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);
2. 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 select ``MCA eligible countries'' from among the ``candidate
countries'' (Section 608(b) of the Act); and
3. The list of countries determined by the Board to be ``MCA
eligible countries'' for FY 2007, with a justification for such
eligibility determination and selection for Compact negotiation,
including which of the MCA eligible countries the Board will seek to
enter into MCA Compacts (Section 608(d) of the Act).
This report is the first of three required reports listed above.
Candidate Countries for FY 2007
The Act requires the identification of all countries that are
candidates for MCA assistance for FY 2007 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 FY 2007 a country shall be a candidate for the MCA if it:
Meets one of the following two income level tests:
[cir] 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 $1,675 gross national income (GNI) per
capita for FY 2007) (the ``low income category''); or
[cir] 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 $1,676 to $3,465 GNI per capita for FY 2007) (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,
(``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 FY 2007.
In so doing, the Board has anticipated that prohibitions against
assistance as applied to countries in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006 (Pub. L. 109-
102) (FY 2006 FOAA) will again apply for FY 2007, even though the
Foreign Operations, Export Financing and Related Programs
Appropriations Act for FY 2007 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 affects the status
of any country as a candidate country for FY 2007.
Candidate Countries: Low Income Category
1. Afghanistan
2. Angola
3. Armenia
4. Azerbaijan
5. Bangladesh
6. Benin
7. Bhutan
8. Bolivia
9. Burkina Faso
10. Burundi
11. Cameroon
12. Central African Republic
13. Chad
14. Comoros
15. Congo, Democratic Republic of the
16. Congo, Republic of the
17. Djibouti
18. East Timor
19. Egypt
20. Eritrea
21. Ethiopia
22. Gambia, The
23. Georgia
24. Ghana
25. Guinea
26. Guinea-Bissau
27. Guyana
28. Haiti
29. Honduras
30. India
31. Indonesia
32. Iraq
33. Kenya
34. Kiribati
35. Kyrgyzstan
36. Laos
37. Lesotho
38. Liberia
39. Madagascar
40. Malawi
41. Mali
42. Mauritania
43. Moldova
44. Mongolia
45. Mozambique
46. Nepal
47. Nicaragua
48. Niger
49. Nigeria
50. Pakistan
51. Papua New Guinea
52. Paraguay
53. Philippines
54. Rwanda
55. Sao Tome and Principe
56. Senegal
57. Sierra Leone
58. Solomon Islands
59. Sri Lanka
60. Tajikistan
61. Tanzania
62. Togo
63. Turkmenistan
64. Uganda
65. Ukraine
66. Vanuatu
67. Vietnam
68. Yemen
69. Zambia
Candidate Countries: Lower Middle Income Category
1. Albania
2. Algeria
3. Belarus
4. Brazil
5. Bulgaria
6. Cape Verde
7. Colombia
8. Dominican Republic
9. Ecuador
10. El Salvador
11. Fiji Islands
12. Guatemala
13. Jamaica
14. Jordan
15. Kazakhstan
16. Macedonia
17. Maldives
18. Marshall Islands
19. Micronesia, Federated States of
20. Montenegro
21. Morocco
22. Namibia
23. Peru
24. Samoa
25. Suriname
26. Swaziland
27. Thailand
28. Tonga
29. Tunisia
30. Tuvalu
[[Page 47540]]
Countries That Would Be Candidate Countries but for Legal Prohibitions
That Prohibit Assistance
Countries that would be considered candidate countries for FY 2007,
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 FY 2006 and
that are anticipated to apply again for FY 2007.
Prohibited Countries: Low Income Category
1. 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 2005 (Presidential Determination No.
2005-36 (9/15/2005)) and a Tier III country under the Trafficking
Victims Protection Act (Presidential Determination No. 2005-37 (9/21/
2005)).
2. Cambodia's central government is subject to Section 554 of the
FY 2006 FOAA.
3. The Cote d'Ivoire is subject to Section 508 of the FY 2006 FOAA
which prohibits assistance to the government of a country whose duly
elected head of government is deposed by decree or military coup.
4. Cuba 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,
provisions of the Cuban Liberty and Democratic Solidarity Act of 1996
(PL 104-114), and Section 507 of the FY 2006 FOAA.
5. North Korea 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
and Section 507 of the FY 2006 FOAA.
6. Somalia is subject to Section 620(q) of the Foreign Assistance
Act and Section 512 of the FY 2006 FOAA, which prohibit assistance to
countries in default in payment to the U.S. in certain circumstances.
7. 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
512 of the FY 2006 FOAA and Section 620(q) of the Foreign Assistance
Act which prohibit assistance to countries in default in payment to the
U.S. in certain circumstances, Section 508 of the FY 2006 FOAA which
prohibits assistance to a country whose duly elected head of government
being deposed by military coup or decree, and Section 569 of the FY2006
FOAA.
8. 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
507 of the FY 2006 FOAA, and Section 512 of the FY 2006 FOAA and
Section 620(q) of the Foreign Assistance Act which prohibit assistance
to countries in default in payment to the U.S. in certain
circumstances.
9. Uzbekistan's central government is subject to Section 586 of the
FY 2006 FOAA, which requires that funds appropriated for assistance to
the central government of Uzbekistan may be made available 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.
10. Zimbabwe is subject to Section 620(q) of the Foreign Assistance
Act and Section 512 of the FY 2006 FOAA which prohibit assistance to
countries in default in payment to the United States in certain
circumstances.
Prohibited Countries: Lower Middle Income Category
1. Republika Srpska, which is part of the country of Bosnia and
Herzegovina, is subject to Section 561 of the FY 2006 FOAA, which
prohibits assistance to any country, entity, or municipality whose
competent authorities have failed, as determined by the Secretary of
State, to take necessary and significant steps to implement its
international legal obligations with respect to the International
Criminal Tribunal for the former Yugoslavia.
2. China, according to the Department of State, is not eligible to
receive economic assistance from the United States, absent special
authority, because of concerns relative to China's record on human
rights.
3. Iran 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 and
Section 507 of the FY 2006 FOAA.
4. Serbia is subject to Section 561 of the FY 2006 FOAA, which
prohibits assistance to any country, entity, or municipality whose
competent authorities have failed, as determined by the Secretary of
State, to take necessary and significant steps to implement its
international legal obligations with respect to the International
Criminal Tribunal for the former Yugoslavia. In addition, Section 563
of the FY 2006 FOAA restricts certain assistance for the central
Government of Serbia if the Secretary does not make a certification
regarding, among other things, cooperation with the International
Criminal Tribunal for the former Yugoslavia.
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 Foreign Assistance Act or any other
provision of law for FY 2007. MCC will include any required updates on
such statutory eligibility that affect countries' identification as
candidate countries for FY 2007, 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 legal
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.
Dated: August 11, 2006.
Maura E. Griffin,
Vice President & General Counsel (Acting), Millennium Challenge
Corporation.
[FR Doc. E6-13545 Filed 8-16-06; 8:45 am]
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