81 FR 60390 - Report on Countries That Are Candidates for Millennium Challenge Account Eligibility in Fiscal Year 2017 and Countries That Would Be Candidates but for Legal Prohibitions
MILLENNIUM CHALLENGE CORPORATION Federal Register Volume 81, Issue 170 (September 1, 2016)
Federal Register Volume 81, Issue 170 (September 1, 2016)
| Page Range | 60390-60392 | |
| FR Document | 2016-21057 |
[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)] [Notices] [Pages 60390-60392] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21057] ======================================================================= ----------------------------------------------------------------------- MILLENNIUM CHALLENGE CORPORATION [MCC FR 16-04] Report on Countries That Are Candidates for Millennium Challenge Account Eligibility in Fiscal Year 2017 and Countries That Would Be Candidates but for Legal Prohibitions AGENCY: Millennium Challenge Corporation. ACTION: Notice. ----------------------------------------------------------------------- Section 608(a) 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 2017. The report is set forth in full below. Dated: August 25, 2016. Thomas G. Hohenthaner, Acting VP/General Counsel and Corporate Secretary, Millennium Challenge Corporation. Report on Countries That Are Candidates for Millennium Challenge Compact Eligibility for Fiscal Year 2017 and Countries That Would Be Candidates but for Legal Prohibitions Summary This report to Congress is provided in accordance with section 608(a) of the Millennium Challenge Act of 2003, as amended, 22 U.S.C. Sec. Sec. 7701, 7707(a) (the Act). The Act authorizes the provision of assistance for global development through the Millennium Challenge Corporation (MCC) for countries that enter into a Millennium Challenge Compact with the United States to support policies and programs that advance the progress of such countries to achieve lasting economic growth and poverty reduction. The Act requires MCC to take a number of steps in selecting countries with which MCC will seek to enter into a compact, including determining the countries that will be eligible countries for fiscal year (FY) 2017 based on (a) a country's demonstrated commitment to (i) just and democratic governance, (ii) economic freedom, and (iii) investments in its people; (b) the opportunity to reduce poverty and generate economic growth in the country; and (c) the availability of funds to MCC. 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: The countries that are ``candidate countries'' for FY 2017 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); 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 determine ``eligible countries'' from among the ``candidate countries'' (section 608(b) of the Act); and The list of countries determined by the Board to be ``eligible countries'' for FY 2017, identification of such countries with which the Board will seek to enter into compacts, and a justification for such eligibility determination and selection for compact negotiation (section 608(d) of the Act). This report is the first of three required reports listed above. Candidate Countries for FY 2017 The Act requires the identification of all countries that are candidate countries for FY 2017 and the identification of all countries that would be candidate countries but for specified legal prohibitions on assistance. Under the terms of the Act, sections 606(a) and (b) set forth the two income tests countries must satisfy to be candidate countries.\1\ However, for FY 2016, those categories were defined by MCC's FY 2016 appropriations act, the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 (the FY 2016 SFOAA), which is found at Division K of the Consolidated Appropriations Act, 2016 (Pub. L. 114-113). Specifically, the FY 2016 SFOAA used the same definitions that have been used since the FY 2012 appropriations act and defines low income candidate countries as the 75 poorest countries as identified by the World Bank and provided that a country that changes during the fiscal year from low income to lower middle income (or vice versa) will retain its candidacy status in its former income category for the fiscal year of transition and the two subsequent fiscal years. Assuming these definitions will be used again for FY 2017, MCC is using them for purposes of this report.\2\ --------------------------------------------------------------------------- \1\ Sections 606(a) and (b) of the Act provide that a country will be a candidate country for purposes of eligibility if it (1) has a per capita income equal to or less than the historical ceiling of the International Development Association eligibility for the fiscal year involved (the ``low income category'') or (2) 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 (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 (the Foreign Assistance Act), by reason of the application of the Foreign Assistance Act or any other provision of law. \2\ If the language relating to the definition of low income candidate countries is not enacted or is changed for MCC's FY 2017 appropriations act, MCC will revisit the selection process once the FY 2017 appropriations act is enacted and will conduct the selection process in accordance with the Act and applicable provisions for FY 2017. --------------------------------------------------------------------------- Under the redefined categories, a country will be a candidate country for FY 2017 if it: Meets one of the following tests: Has a per capita income that is not greater than the World Bank's lower middle income country threshold for [[Page 60391]] such fiscal year ($4,035 gross national income per capita for FY 2017); and is among the 75 lowest per capita income countries, as identified by the World Bank; or Has a per capita income that is not greater than the World Bank's lower middle income country threshold for such fiscal year ($4,035 gross national income per capita for FY 2017); but is not among the 75 lowest per capita income countries as identified by the World Bank; And Is not ineligible to receive U.S. economic assistance under part I of the Foreign Assistance Act of 1961, as amended (the Foreign Assistance Act), by reason of the application of the Foreign Assistance Act or any other provision of law. Due to the provisions requiring countries to retain their former income classification for three fiscal years, changes from the low income to lower middle income categories or vice versa for FY 2017 will go into effect for FY 2020. Countries transitioning to the upper middle income category do not remain in the candidate pool.\3\ --------------------------------------------------------------------------- \3\ In FY 2017, the World Bank updated its estimates of gross national incomes per capita resulting in Georgia graduating to upper middle income status after having been a low income candidate country as recently as FY 2015. Previously, Paraguay graduated to upper middle income status after having been a low income country for FY 2014. Both have transitioned to upper middle income status without the benefit of gradual reclassification. Further, in FY 2016, Mongolia experienced a similar reclassification to upper middle income status, removing its gradual reclassification benefit. Although Mongolia has re-entered the candidate pool for FY 2017, it does so as a lower middle income country and does not retain the gradual graduation benefit it would have had if it had not exited from the candidate pool for FY 2016. As a result, the removal of Georgia, Mongolia, and Paraguay from the low income category due to their classification as upper middle income countries means that there are only 72 low income countries for FY 2017 (eight of which are legally prohibited). --------------------------------------------------------------------------- Pursuant to section 606(c) of the Act, the Board identified the following countries as candidate countries under the Act for FY 2017. In so doing, the Board referred to the prohibitions on assistance to countries for FY 2016 under the FY 2016 SFOAA. Candidate Countries: Low Income Category Afghanistan Bangladesh Benin Bhutan Burkina Faso Burundi Cambodia Cameroon Central African Republic Chad Comoros Cote d'Ivoire Democratic Republic of Congo Djibouti Egypt Ethiopia Gambia Ghana Guatemala Guinea Guinea-Bissau Haiti Honduras India Kenya Kiribati Kyrgyz Republic Lao PDR Lesotho Liberia Madagascar Malawi Mali Mauritania Micronesia Moldova Morocco Mozambique Nepal Nicaragua Niger Nigeria Pakistan Papua New Guinea Philippines Republic of Congo Rwanda Samoa Sao Tome and Principe Senegal Sierra Leone Solomon Islands Somalia Sri Lanka Swaziland Tajikistan Tanzania Togo Uganda Uzbekistan Vanuatu Vietnam Yemen Zambia Candidate Countries: Lower Middle Income Category Armenia Cabo Verde El Salvador Indonesia Kosovo Mongolia Timor Leste Tongo Tunisia Ukraine Countries That Would Be Candidates but for Legal Provisions That Prohibit Assistance Countries that would be considered candidate countries for FY 2017, 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. This list is based on legal prohibitions against economic assistance that apply as of July 22, 2016. Prohibited Countries: Low Income Category Bolivia is subject to foreign assistance restrictions pursuant to section 706(3) of the Foreign Relations Authorization Act, FY 2003 (P.L. 107-228), regarding adherence to obligations under international counternarcotics agreements and other counternarcotics measures. Burma is subject to foreign assistance restrictions, including restrictions pursuant to section 570 of the FY 1997 Foreign Operations, Export Financing, and Related Programs Appropriations Act (P.L. 104- 208), which prohibits assistance to the government of Burma until it makes measurable and substantial progress in improving human rights practices and implementing democratic governance. Eritrea is subject to foreign assistance restrictions, including restrictions due to its status as a Tier 3 country under the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. Sec. Sec. 7101 et seq.). North Korea is subject to foreign assistance restrictions, including restrictions pursuant to section 7007 of the FY 2016 SFOAA, which prohibits direct assistance to the government of North Korea. South Sudan is subject to foreign assistance restrictions pursuant to section 7042(i)(2) of the FY 2016 SFOAA, which prohibits, with limited exceptions, assistance to the central government of South Sudan until the Secretary of State certifies and reports to Congress that such government is taking effective steps to end hostilities and pursue good faith negotiations for a political settlement of the internal conflict; provide access for humanitarian organizations; end the recruitment and use of child soldiers; protect freedoms of expression, association, and assembly; reduce corruption related to the extraction and sale of oil and gas; and establish democratic institutions, including accountable military and police forces under civilian authority. [[Page 60392]] Sudan is subject to foreign assistance restrictions, including restrictions pursuant to section 7042(j) of the FY 2016 SFOAA, which prohibits (with limited exceptions) assistance to the government of Sudan. Syria is subject to foreign assistance restrictions, including restrictions pursuant to section 7007 of the FY 2016 SFOAA, which prohibits direct assistance to the government of Syria. Zimbabwe is subject to foreign assistance restrictions, including restrictions pursuant to section 7042(k)(2) of the FY 2016 SFOAA, which prohibits (with limited exceptions) assistance for the central government of Zimbabwe unless the Secretary of State certifies and reports to Congress that the rule of law has been restored, including respect for ownership and title to property, and freedoms of expression, association, and assembly. 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 the Foreign Assistance Act or any other provision of law for FY 2017. [FR Doc. 2016-21057 Filed 8-29-16; 11:15 am] BILLING CODE 9211-03-P
![60390 Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Notices
ERISA Advisory Council, U.S. Dated: August 25, 2016. determination and selection for compact
Department of Labor, Suite N–5623, 200 Thomas G. Hohenthaner, negotiation (section 608(d) of the Act).
Constitution Avenue NW., Washington, Acting VP/General Counsel and Corporate This report is the first of three
DC 20210. Statements also may be Secretary, Millennium Challenge Corporation. required reports listed above.
submitted as email attachments in rich Report on Countries That Are Candidate Countries for FY 2017
text, Word, or pdf format transmitted to Candidates for Millennium Challenge The Act requires the identification of
good.larry@dol.gov. It is requested that Compact Eligibility for Fiscal Year 2017 all countries that are candidate
statements not be included in the body and Countries That Would Be countries for FY 2017 and the
of an email. Statements deemed relevant Candidates but for Legal Prohibitions identification of all countries that would
by the Advisory Council and received be candidate countries but for specified
on or before September 20 will be Summary
legal prohibitions on assistance. Under
included in the record of the meeting This report to Congress is provided in the terms of the Act, sections 606(a) and
and will be available to anyone by accordance with section 608(a) of the (b) set forth the two income tests
contacting the EBSA Public Disclosure Millennium Challenge Act of 2003, as countries must satisfy to be candidate
Room. Do not include any personally amended, 22 U.S.C. §§ 7701, 7707(a) countries.1 However, for FY 2016, those
identifiable information (such as name, (the Act). categories were defined by MCC’s FY
address, or other contact information) or The Act authorizes the provision of 2016 appropriations act, the Department
confidential business information that assistance for global development of State, Foreign Operations, and
you do not want publicly disclosed. through the Millennium Challenge Related Programs Appropriations Act,
Corporation (MCC) for countries that 2016 (the FY 2016 SFOAA), which is
Individuals or representatives of
enter into a Millennium Challenge found at Division K of the Consolidated
organizations wishing to address the Compact with the United States to
Advisory Council should forward their Appropriations Act, 2016 (Pub. L. 114–
support policies and programs that 113). Specifically, the FY 2016 SFOAA
requests to the Executive Secretary or advance the progress of such countries
telephone (202) 693–8668. Oral used the same definitions that have
to achieve lasting economic growth and been used since the FY 2012
presentations will be limited to ten poverty reduction. The Act requires
minutes, time permitting, but an appropriations act and defines low
MCC to take a number of steps in income candidate countries as the 75
extended statement may be submitted selecting countries with which MCC poorest countries as identified by the
for the record. Individuals with will seek to enter into a compact, World Bank and provided that a country
disabilities who need special including determining the countries that that changes during the fiscal year from
accommodations should contact the will be eligible countries for fiscal year low income to lower middle income (or
Executive Secretary by September 20, (FY) 2017 based on (a) a country’s vice versa) will retain its candidacy
2016 at the address indicated. demonstrated commitment to (i) just status in its former income category for
Signed at Washington, DC this 26th day of and democratic governance, (ii) the fiscal year of transition and the two
August, 2016. economic freedom, and (iii) investments subsequent fiscal years. Assuming these
Judith Mares,
in its people; (b) the opportunity to definitions will be used again for FY
reduce poverty and generate economic 2017, MCC is using them for purposes
Deputy Assistant Secretary, Employee growth in the country; and (c) the
Benefits Security Administration. of this report.2
availability of funds to MCC. These Under the redefined categories, a
[FR Doc. 2016–21015 Filed 8–31–16; 8:45 am] steps include the submission of reports country will be a candidate country for
BILLING CODE 4510–29–P to the congressional committees FY 2017 if it:
specified in the Act and the publication Meets one of the following tests:
of notices in the Federal Register that Has a per capita income that is not
identify: greater than the World Bank’s lower
MILLENNIUM CHALLENGE The countries that are ‘‘candidate middle income country threshold for
CORPORATION countries’’ for FY 2017 based on their
per capita income levels and their 1 Sections 606(a) and (b) of the Act provide that
[MCC FR 16–04] eligibility to receive assistance under a country will be a candidate country for purposes
of eligibility if it (1) has a per capita income equal
U.S. law and countries that would be to or less than the historical ceiling of the
Report on Countries That Are candidate countries but for specified International Development Association eligibility
Candidates for Millennium Challenge legal prohibitions on assistance (section for the fiscal year involved (the ‘‘low income
Account Eligibility in Fiscal Year 2017 608(a) of the Act); category’’) or (2) is classified as a lower middle
The criteria and methodology that the income country in the then most recent edition of
and Countries That Would Be the World Development Report for Reconstruction
Candidates but for Legal Prohibitions MCC Board of Directors (Board) will use and Development published by the International
to measure and evaluate the relative Bank for Reconstruction and Development and has
AGENCY: Millennium Challenge policy performance of the ‘‘candidate an income greater than the historical ceiling for
countries’’ consistent with the International Development Association eligibility
Corporation. for the fiscal year involved (the ‘‘lower middle
requirements of subsections (a) and (b) income category’’); and is not ineligible to receive
ACTION: Notice. of section 607 of the Act in order to U.S. economic assistance under part I of the Foreign
determine ‘‘eligible countries’’ from Assistance Act of 1961, as amended (the Foreign
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Section 608(a) of the Millennium among the ‘‘candidate countries’’ Assistance Act), by reason of the application of the
Challenge Act of 2003 requires the Foreign Assistance Act or any other provision of
(section 608(b) of the Act); and law.
Millennium Challenge Corporation to The list of countries determined by 2 If the language relating to the definition of low
publish a report that identifies countries the Board to be ‘‘eligible countries’’ for income candidate countries is not enacted or is
that are ‘‘candidate countries’’ for FY 2017, identification of such changed for MCC’s FY 2017 appropriations act,
Millennium Challenge Account MCC will revisit the selection process once the FY
countries with which the Board will 2017 appropriations act is enacted and will conduct
assistance during FY 2017. The report is seek to enter into compacts, and a the selection process in accordance with the Act
set forth in full below. justification for such eligibility and applicable provisions for FY 2017.
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![60392 Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Notices
Sudan is subject to foreign assistance ‘‘Magnetic Field Response Sensor for NATIONAL AERONAUTICS AND
restrictions, including restrictions Conductive Media,’’ NASA Case No. SPACE ADMINISTRATION
pursuant to section 7042(j) of the FY LAR–16571–3, to Remcal Products
[Notice (16–061)]
2016 SFOAA, which prohibits (with having its principal place of business in
limited exceptions) assistance to the Warrington, PA. The fields of use may Notice of Intent To Grant Partially
government of Sudan. be limited to, but not necessarily limited Exclusive License
Syria is subject to foreign assistance to, nondestructive evaluation and
restrictions, including restrictions testing of manufactured products AGENCY: National Aeronautics and
pursuant to section 7007 of the FY 2016 (including molded plastic parts, rubber Space Administration.
SFOAA, which prohibits direct parts, extruded parts and machined ACTION: Notice of intent to grant
assistance to the government of Syria. parts) using hand-held probes and/or partially exclusive license.
Zimbabwe is subject to foreign custom-designed test assemblies. The
assistance restrictions, including SUMMARY: This notice is issued in
patent rights in these inventions have accordance with 35 U.S.C. 209(e) and 37
restrictions pursuant to section
been assigned to the United States of CFR 404.7(a)(1)(i). NASA hereby gives
7042(k)(2) of the FY 2016 SFOAA,
which prohibits (with limited America as represented by the notice of its intent to grant a partially
exceptions) assistance for the central Administrator of the National exclusive license in the United States to
government of Zimbabwe unless the Aeronautics and Space Administration. practice the invention described and
Secretary of State certifies and reports to The prospective partially exclusive claimed in U.S. Patent Application
Congress that the rule of law has been license will comply with the terms and Serial No. 14/702,317 entitled ‘‘Foldable
restored, including respect for conditions of 35 U.S.C. 209 and 37 CFR and Deployable Power Collection
ownership and title to property, and 404.7. System’’, Case Number MFS–33182–1 to
freedoms of expression, association, and Nexolve Corporation, having its
DATES: The prospective partially principal place of business in
assembly. exclusive license may be granted unless,
Countries identified above as Huntsville, Alabama (USA). The fields
within fifteen (15) days from the date of of use may be limited to field(s) of use
candidate countries, as well as countries this published notice, NASA receives
that would be considered candidate in In-Space/High Altitude Power
written objections including evidence Generation. The patent rights in these
countries but for the applicability of
and argument that establish that the inventions have been assigned to the
legal provisions that prohibit U.S.
economic assistance, may be the subject grant of the license would not be United States of America as represented
of future statutory restrictions or consistent with the requirements of 35 by the Administrator of the National
determinations, or changed country U.S.C. 209 and 37 CFR. 404.7. Aeronautics and Space Administration.
circumstances, that affect their legal Competing applications completed and The prospective partially exclusive
eligibility for assistance under part I of received by NASA within fifteen (15) license will comply with the terms and
the Foreign Assistance Act by reason of days of the date of this published notice conditions of 35 U.S.C. 209 and 37 CFR
application of the Foreign Assistance will also be treated as objections to the 404.7. NASA has not yet made a
Act or any other provision of law for FY grant of the contemplated partially determination to grant the requested
2017. exclusive license. license and may deny the requested
license even if no objections are
[FR Doc. 2016–21057 Filed 8–29–16; 11:15 am] Objections submitted in response to
submitted within the comment period.
BILLING CODE 9211–03–P this notice will not be made available to
the public for inspection and, to the DATES: The prospective partially
extent permitted by law, will not be exclusive license may be granted unless,
released under the Freedom of within fifteen (15) days from the date of
NATIONAL AERONAUTICS AND
this published notice, NASA receives
SPACE ADMINISTRATION Information Act, 5 U.S.C. 552.
written objections including evidence
[Notice (16–062)] ADDRESSES: Objections relating to the and argument that establish that the
prospective license may be submitted to grant of the license would not be
Notice of Intent To Grant a Partially Patent Counsel, Office of Chief Counsel, consistent with the requirements of 35
Exclusive License NASA Langley Research Center, MS 30, U.S.C. 209 and 37 CFR 404.7.
AGENCY: National Aeronautics and Hampton, VA 23681; (757) 864–3230 Competing applications completed
Space Administration. (phone), (757) 864–9190 (fax). and received by NASA within fifteen
(15) days of the date of this published
ACTION: Notice of intent to grant FOR FURTHER INFORMATION CONTACT: notice will also be treated as objections
partially exclusive license. Robin W. Edwards, Patent Counsel, to the grant of the contemplated
Office of Chief Counsel, NASA Langley exclusive license.
SUMMARY: This notice is issued in
accordance with 35 U.S.C. 209(e) and 37 Research Center, MS 30, Hampton, VA Objections submitted in response to
CFR 404.7(a)(1)(i). NASA hereby gives 23681; (757) 864–3230; Fax: (757) 864– this notice will not be made available to
notice of its intent to grant a partially 9190. Information about other NASA the public for inspection and, to the
exclusive license in the United States to inventions available for licensing can be extent permitted by law, will not be
practice the inventions described and found online at http:// released under the Freedom of
asabaliauskas on DSK3SPTVN1PROD with NOTICES
claimed in U.S. Patent No. 7,075,295 technology.nasa.gov. Information Act, 5 U.S.C. 552.
entitled ‘‘Magnetic Field Response ADDRESSES: Objections relating to the
Mark P. Dvorscak,
Sensor for Conductive Media,’’ NASA prospective license may be submitted to
Agency Counsel for Intellectual Property. Mr. James J. McGroary, Chief Counsel/
Case No. LAR–16571–1; U.S. Patent No.
[FR Doc. 2016–21018 Filed 8–31–16; 8:45 am] LS01, Marshall Space Flight Center,
7,589,525 entitled ‘‘Magnetic Field
Response Sensor for Conductive BILLING CODE 7510–13–P Huntsville, AL 35812, (256) 544–0013.
Media,’’ NASA Case No. LAR–16571–2; FOR FURTHER INFORMATION CONTACT: Mr.
and U.S. Patent No. 7,759,932 entitled Sammy A. Nabors, Technology Transfer
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Document Created: 2018-02-09 11:57:42
Document Modified: 2018-02-09 11:57:42
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| FR Citation | 81 FR 60390 |
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