§ 2710. — Expenses relating to participation in arbitrations of certain disputes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2710]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 38--DEPARTMENT OF STATE
Sec. 2710. Expenses relating to participation in arbitrations of
certain disputes
(a) International agreements
The Secretary of State may use funds available to the Secretary for
the expenses of United States participation in arbitrations and other
proceedings for the peaceful resolution of disputes under treaties or
other international agreements.
(b) Contracts abroad
The Secretary of State may use funds available to the Secretary for
the expenses of United States participation in arbitrations arising
under contracts authorized by law for the performance of services or
acquisition of property, real or personal, abroad.
(c) Procurement of services
The Secretary of State may use competitive procedures or procedures
other than competitive procedures to procure the services of experts for
use in preparing or prosecuting a proceeding before an international
tribunal or a claim by or against a foreign government or other foreign
entity, whether or not the expert is expected to testify, or to procure
personal and other support services for such proceedings or claims. The
Secretary need not provide any written justification for the use of
procedures other than competitive procedures when procuring such
services under this subsection and need not furnish for publication in
the Commerce Business Daily or otherwise any notice of solicitation or
synopsis with respect to such procurement.
(d) International Litigation Fund
(1) Establishment
In order to provide the Department of State with a dependable,
flexible, and adequate source of funding for the expenses of the
Department related to preparing or prosecuting a proceeding before
an international tribunal, or a claim by or against a foreign
government or other foreign entity, there is established an
International Litigation Fund (hereafter in this subsection referred
to as the ``ILF''). The ILF may be available without fiscal year
limitation. Funds otherwise available to the Department for the
purposes of this paragraph may be credited to the ILF.
(2) Reprogramming procedures
Funds credited to the ILF shall be treated as a reprogramming of
funds under section 2706 of this title and shall not be available
for obligation or expenditure except in compliance with the
procedures applicable to such reprogrammings. This paragraph shall
not apply to the transfer of funds under paragraph (3).
(3) Transfers of funds
Funds received by the Department of State from another agency of
the United States Government or pursuant to the Department of State
Appropriations Act of 1937 (49 Stat. 1321, 22 U.S.C. 2661) to meet
costs of preparing or prosecuting a proceeding before an
international tribunal, or a claim by or against a foreign
government or other foreign entity, shall be credited to the ILF.
(4) Use of funds
Funds deposited in the ILF shall be available only for the
purposes of paragraph (1).
(e) Retention of funds
(1) In general
To reimburse the expenses of the United States Government in
preparing or prosecuting a proceeding before an international
tribunal, or a claim against a foreign government or other foreign
entity, the Secretary may retain 1.5 percent of any amount between
$100,000 and $5,000,000, and one percent of any amount over
$5,000,000, received per claim under section 2668a of this title.
(2) Treatment
Amounts retained under the authority of paragraph (1) shall be
deposited into the fund under subsection (d) of this section.
(Aug. 1, 1956, ch. 841, title I, Sec. 38, as added Pub. L. 99-93, title
I, Sec. 128, Aug. 16, 1985, 99 Stat. 419; amended Pub. L. 103-236, title
I, Sec. 123, Apr. 30, 1994, 108 Stat. 392; Pub. L. 105-277, div. G,
subdiv. B, title XXII, Sec. 2212(b), Oct. 21, 1998, 112 Stat. 2681-812;
Pub. L. 107-228, div. A, title II, Sec. 203, Sept. 30, 2002, 116 Stat.
1362.)
References in Text
The Department of State Appropriations Act of 1937, referred to in
subsec. (d)(3), probably means the Department of State Appropriation
Act, 1937, which is title I of act May 15, 1936, ch. 405, 49 Stat. 1309.
Provisions relating to acceptance by the Secretary of State of
reimbursement for expenses incurred in pursuing certain private claims
against foreign governments were added to that act by Pub. L. 100-204,
title I, Sec. 142(b), Dec. 22, 1987, 101 Stat. 1350, and are classified
to section 2661 of this title.
Section 2668a of this title, referred to in subsec. (e)(1), was in
the original ``chapter 34 of the Act of February 27, 1896 (22 U.S.C.
2668a; 29 Stat. 32)''. Section 2668a of this title contains the only
provisions of the Act which are classified to the Code.
Prior Provisions
A prior section 38 of act Aug. 1, 1956, was renumbered section 39 by
section 128 of Pub. L. 99-93, and subsequently renumbered, and set out
as a Short Title of 1956 Amendment note under section 2651 of this
title, prior to repeal by Pub. L. 102-138, title I, Sec. 111(1), Oct.
28, 1991, 105 Stat. 654.
Amendments
2002--Subsec. (e). Pub. L. 107-228 added subsec. (e).
1998--Subsec. (c). Pub. L. 105-277 inserted ``personal and'' before
``other support services'' in first sentence.
1994--Subsecs. (c), (d). Pub. L. 103-236 added subsecs. (c) and (d).
