§1738o. Sale of qualified debt to eligible countries
(a) In general
(1) Authorization
The President may sell to an eligible country up to 40 percent of such country's qualified debt, only if an amount of the local currency of such country (other than the price paid for the debt) equal to-
(A) not less than 40 percent of the price paid for such debt by such eligible country, or
(B) the difference between the price paid for such debt and the face value of such debt;
whichever is less, is used by such country through an Environmental Fund for eligible activities described in section 1738k of this title.
(2) Environmental funds
For purposes of this section, the term "Environmental Fund" means an Environmental Fund established under section 1738g of this title. In the case of Mexico, such fund may be designated as the Good Neighbor Environmental Fund for the Border.
(3) Establishment and operation of environmental funds
The President should advise eligible countries on the procedures required to establish and operate the Environmental Funds required to be established under paragraph (1).
(b) Terms and conditions
The President shall establish the terms and conditions, including the amount to be paid by the eligible country, under which such country's qualified debt may be sold under this section.
(c) Appropriations requirement
The authorities provided by this section may be exercised only in such amounts and to such extent as is provided in advance in appropriations Acts.
(d) Certain prohibitions inapplicable
A sale of debt under this section shall not be considered assistance for purposes of any provision of law limiting assistance to a country.
(e) Implementation by Facility
A sale of debt authorized under this section shall be accomplished at the direction of the Facility. The Facility shall direct the Commodity Credit Corporation to carry out such sale. The Commodity Credit Corporation shall make an adjustment in its accounts to reflect the sale.
(f) Deposit of proceeds
The proceeds from a sale of qualified debt under this section shall be deposited in the account or accounts established by the Commodity Credit Corporation for the repayment of such debt by the eligible country.
(g) Debtor consultation
Before any sale of qualified debt may occur under this section, the President should consult with the eligible country's government concerning such sale. The topics addressed in the consultation shall include the amount of qualified debt involved in the transaction and the uses to which funds made available as a result of the sale shall be applied.
(July 10, 1954, ch. 469, title VI, §616, as added