Collapse to view only § 285k. Utilization of United States Special Resources
- § 285. Acceptance of membership by United States in Asian Development Bank
- § 285a. Appointment of Governor, Alternate Governor and Director; compensation
- § 285b. Coordination of policies and operations
- § 285c. Congressional authorization needed for certain actions
- § 285d. Federal Reserve banks as depositories
- § 285e. Authorization of appropriations; income covered into Treasury
- § 285f. Jurisdiction and venue of actions
- § 285g. Status, immunities, and privileges
- § 285h. Securities issued by Bank as exempt securities; suspension of exemption provisions; reports to and of Securities and Exchange Commission
- § 285i. Authorization for payment of United States contribution; United States Special Resources
- § 285j. United States Special Resources
- § 285k. Utilization of United States Special Resources
- § 285l. Letter of credit form for United States Special Resources
- § 285m. Withdrawal rights covering United States Special Resources
- § 285n. Authorization of appropriations to provide United States Special Resources
- § 285o. Expropriation of United States property; loan restrictions
- § 285p. Illegal drug traffic; loan restrictions
- § 285q. Subscription to additional shares; authorization of appropriations
- § 285r. Contribution to special funds; authorization of appropriations
- § 285s. Additional subscription to shares; authorization of appropriations
- § 285t. Additional contribution to special funds; authorization of appropriations
- § 285u. Additional contribution to special funds
- § 285v. Sense of Congress respecting membership of Taiwan in Bank
- § 285w. Contribution to Asian Development Fund; authorization of appropriations
- § 285x. Additional subscription to shares
- § 285y. Additional contribution to special funds; authorization of appropriations
- § 285z. Additional contribution to special funds; authorization of appropriations
- § 285aa. Capital increase
- § 285bb. Additional contribution to special funds
- § 285cc. Eighth replenishment
- § 285dd. Ninth replenishment
- § 285ee. Fifth capital increase
- § 285ff. Tenth replenishment
- § 285gg. Eleventh replenishment
- § 285hh. Twelfth replenishment
The President is hereby authorized to accept membership for the United States in the Asian Development Bank (hereinafter referred to as the “Bank”) provided for by the agreement establishing the Bank (hereinafter referred to as the “agreement”) deposited in the archives of the United Nations.
The policies and operations of the representatives of the United States on the Bank shall be coordinated with other United States policies in such manner as the President shall direct.
Unless the Congress by law authorizes such action, neither the President nor any person or agency shall, on behalf of the United States, (a) subscribe to additional shares of stock of the Bank; (b) vote for or agree to any amendment of the agreement which increases the obligations of the United States, or which would change the purpose or functions of the Bank; or (c) make a loan or provide other financing to the Bank, except that funds for technical assistance note to exceed $1,000,000 in any one year may be provided to the Bank by a United States agency created pursuant to an Act of Congress which is authorized by law to provide funds to international organizations.
Any Federal Reserve bank which is requested to do so by the Bank shall act as its depository or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks.
For the purpose of any civil action which may be brought within the United States, its territories or possessions, or the Commonwealth of Puerto Rico, by or against the Bank in accordance with the agreement, the Bank shall be deemed to be an inhabitant of the Federal judicial district in which its principal office or agency in the United States is located, and any such action to which the Bank shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States, including the courts enumerated in section 460 of title 28
The agreement, and particularly articles 49 through 56, shall have full force and effect in the United States, its territories and possessions, and the Commonwealth of Puerto Rico, upon acceptance of membership by the United States in, and the establishment of, the Bank. The President, at the time of deposit of the instrument of acceptance of membership by the United States in the Bank, shall also deposit a declaration that the United States retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the Bank to its citizens or nationals.
The United States Special Resources will be provided to the Bank in the form of a nonnegotiable, noninterest-bearing, letter of credit which shall be payable to the Bank at par value on demand to meet the cost of eligible goods and services, and administrative costs authorized pursuant to section 285j(c) of this title.
The United States shall have the right to withdraw all or part of the United States Special Resources and any accrued resources derived therefrom under the procedures provided for in section 8.03 of the Special Funds Rules and Regulations of the Bank.
For the purpose of providing United States Special Resources to the Bank there is hereby authorized to be appropriated $100,000,000, all of which shall remain available until expended.
The Secretary of the Treasury shall instruct the United States Executive Director of the Asian Development Bank to vote against any loan or other utilization of the funds of the Bank for the benefit of any country with respect to which the President has made a determination, and so notified the Secretary of the Treasury, that the government of such country has failed to take adequate steps to prevent narcotic drugs and other controlled substances (as defined by the Comprehensive Drug Abuse Prevention and Control Act of 1970 [21 U.S.C. 801 et seq.]) produced or processed, in whole or in part, in such country, or transported through such country, from being sold illegally within the jurisdiction of such country to United States Government personnel or their dependents, or from entering the United States unlawfully. Such instruction shall continue in effect until the President determines, and so notifies the Secretary of the Treasury, that the government of such country has taken adequate steps to prevent such sale or entry of narcotic drugs and other controlled substances.
It is the sense of the Congress that it is the policy of the United States that Taiwan (before January 1, 1979, known as the Republic of China) shall be permitted to retain membership in the Asian Development Bank and that the United States Executive Director of the Bank shall notify the Bank that a serious review of future United States participation, including any future payments to the Asian Development Fund, would ensue if Taiwan were expelled from the Bank.