PUBLIC LAW 109–102—NOV. 14, 2005
119 STAT. 2241
NONPROLIFERATION AND COUNTERPROLIFERATION EFFORTS
SEC. 599A. Funds appropriated under title II under the heading ‘‘Nonproliferation, Anti-Terrorism, Demining and Related Programs’’ may be made available to the Under Secretary of State for Arms Control and International Security for use in certain nonproliferation efforts and counterproliferation efforts such as increased voluntary dues to the International Atomic Energy Agency and Proliferation Security Initiative activities. PROMOTION OF POLICY GOALS AT MULTILATERAL DEVELOPMENT BANKS
SEC. 599B. Title XV of the International Financial Institutions Act (22 U.S.C. 262o et seq.) is amended by adding at the end the following: ‘‘SEC. 1505. PROMOTION OF POLICY GOALS.
22 USC 262o–4.
‘‘(a) The Secretary of the Treasury shall instruct the United States Executive Director at each multilateral development bank to inform each such bank and the executive directors of each such bank of the policy of the United States as set out in this section and to actively promote this policy and the goals set forth in section 1504 of this Act. It is the policy of the United States that each bank should— ‘‘(1) require the bank’s employees, officers and consultants to make an annual disclosure of their financial interests and income and of any other potential source of conflict of interest; ‘‘(2) link project and program design and results to management and staff performance appraisals, salaries, and bonuses; ‘‘(3) implement voluntary disclosure programs for firms and individuals participating in projects financed by such bank; ‘‘(4) ensure that all loan, credit, guarantee, and grant documents and other agreements with borrowers include provisions for the financial resources and conditionality necessary to ensure that a person or country that obtains financial support from a bank complies with applicable bank policies and national and international laws in carrying out the terms and conditions of such documents and agreements, including bank policies and national and international laws pertaining to the comprehensive assessment and transparency of the activities related to access to information, public health, safety, and environmental protection; ‘‘(5) implement clear anti-corruption procedures setting forth the circumstances under which a person will be barred from receiving a loan, contract, grant, guarantee or credit from such bank, make such procedures available to the public, and make the identity of such person available to the public; ‘‘(6) coordinate policies across multilateral development banks on issues including debarment, cross-debarment, procurement guidelines, consultant guidelines, and fiduciary standards so that a person that is debarred by one such bank is subject to a rebuttable presumption of ineligibility to conduct business with any other such bank during the specific ineligibility period; ‘‘(7) require each bank borrower and grantee and each bidder, supplier and contractor for MDB projects to comply
VerDate 14-DEC-2004
13:51 Oct 26, 2006
Jkt 039194
PO 00002
Frm 01098
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.119
APPS06
PsN: PUBL002
�
