82 FR 41664 - Report on Countries That Are Candidates for Millennium Challenge Account Eligibility in Fiscal Year 2018 and Countries That Would Be Candidates but for Legal Prohibitions
MILLENNIUM CHALLENGE CORPORATION Federal Register Volume 82, Issue 169 (September 1, 2017)
Federal Register Volume 82, Issue 169 (September 1, 2017)
| Page Range | 41664-41666 | |
| FR Document | 2017-18657 |
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)] [Notices] [Pages 41664-41666] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18657] ======================================================================= ----------------------------------------------------------------------- MILLENNIUM CHALLENGE CORPORATION [MCC FR 17-04] Report on Countries That Are Candidates for Millennium Challenge Account Eligibility in Fiscal Year 2018 and Countries That Would Be Candidates but for Legal Prohibitions AGENCY: Millennium Challenge Corporation. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: 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 2018. The report is set forth in full below. Dated: August 28, 2017. Jeanne M. Hauch, VP/General Counsel and Corporate Secretary, Millennium Challenge Corporation. Report on Countries That Are Candidates for Millennium Challenge Compact Eligibility for Fiscal Year 2018 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. 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) 2018 based on (a) a country's demonstrated commitment to (i) just and democratic governance, (ii) economic freedom, and (iii) investments in its people; and (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 2018 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 2018, identification of such countries with which the Board will seek to enter into compacts, and a justification for such eligibility [[Page 41665]] 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 2018 The Act requires the identification of all countries that are candidate countries for FY 2018 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 2017, those categories are defined by MCC's FY 2017 appropriations act, the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (the FY 2017 SFOAA). Specifically, the FY 2017 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 and two subsequent fiscal years. Assuming these definitions will be used again in FY 2018, 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 2018 appropriations act, MCC will revisit the selection process once the FY 2018 appropriations act is enacted and will conduct the selection process in accordance with the Act and applicable provisions for FY 2018. --------------------------------------------------------------------------- Under the redefined categories, a country will be a candidate country for FY 2018 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 such fiscal year ($3,955 gross national income per capita for FY 2018); 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 ($3,955 gross national income per capita for FY 2018); 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 2018 will go into effect for FY 2021. Countries transitioning to the upper middle income category do not remain in the candidate pool.\3\ --------------------------------------------------------------------------- \3\ In FY 2018, the World Bank updated its estimates of gross national incomes per capita resulting in Georgia re-entering the candidate pool. However, Georgia was classified as a low income country as recently as FY 2015. Due to Georgia's transition to upper middle income status in FY 2017, the provision for gradual reclassification between LIC the LMIC pools does not apply to it. Although Georgia has re-entered the candidate pool in FY 2018, it does so as a lower middle income country and does not retain the gradual reclassification treatment it would have received this fiscal year if it had not exited the candidate pool in FY 2017. As a result, the removal of Georgia from the low income category due to its exiting of the candidate pool in FY 2017 means that there are only 74 low income countries for FY 2018 (8 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 2018. In so doing, the Board referred to the prohibitions on assistance to countries for FY 2017 under the FY 2017 SFOAA. Candidate Countries: Low Income Category 1. Afghanistan 2. Angola 3. Bangladesh 4. Benin 5. Bhutan 6. Burkina Faso 7. Burundi 8. Cambodia 9. Cameroon 10. Central African Republic 11. Chad 12. Comoros 13. Congo, Dem. Rep. 14. Congo, Rep. 15. C[ocirc]te d'Ivoire 16. Djibouti 17. Egypt, Arab Rep. 18. Ethiopia 19. Gambia, The 20. Ghana 21. Guatemala 22. Guinea 23. Guinea-Bissau 24. Haiti 25. Honduras 26. India 27. Indonesia 28. Kenya 29. Kiribati 30. Kyrgyz Republic 31. Lao PDR 32. Lesotho 33. Liberia 34. Madagascar 35. Malawi 36. Mali 37. Mauritania 38. Micronesia, Fed. Sts. 39. Moldova 40. Morocco 41. Mozambique 42. Nepal 43. Nicaragua 44. Niger 45. Nigeria 46. Pakistan 47. Papua New Guinea 48. Philippines 49. Rwanda 50. S[atilde]o Tom[eacute] and Principe 51. Senegal 52. Sierra Leone 53. Solomon Islands 54. Somalia 55. Sri Lanka 56. Swaziland 57. Tajikistan 58. Tanzania 59. Timor-Leste 60. Togo 61. Uganda 62. Uzbekistan 63. Vanuatu 64. Vietnam 65. Yemen, Rep. 66. Zambia Candidate Countries: Lower Middle Income Category 1. Armenia 2. Cabo Verde 3. El Salvador 4. Georgia 5. Jordan 6. Kosovo 7. Mongolia 8. Tunisia 9. Ukraine Countries That Would Be Candidate Countries but for Legal Provisions That Prohibit Assistance Countries that would be considered candidate countries for FY 2018, but are ineligible to receive United States economic assistance under part I of the [[Page 41666]] 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 21, 2017. Prohibited Countries: Low Income Category Bolivia is ineligible to receive U.S. economic assistance pursuant to section 706(3) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Pub. L. 107-228), regarding adherence to obligations under international counternarcotics agreements and other counternarcotics measures. Burma is ineligible to receive U.S. economic assistance, absent special authority, because of concerns relative to its record on human rights. Eritrea is ineligible to receive U.S. economic assistance, including due to its status as a Tier 3 country under the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7101 et seq.). North Korea is ineligible to receive U.S. economic assistance, including pursuant to section 7007 of the FY 2017 SFOAA, which prohibits direct assistance to the government of North Korea. South Sudan is ineligible to receive U.S. economic assistance pursuant to section 7042(i)(2) of the FY 2017 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; establish democratic institutions; establish accountable military and police forces under civilian authority; and investigate and prosecute individuals credibly alleged to have committed gross violations of human rights, including at the Terrain compound in Juba, South Sudan on July 11, 2016. Sudan is ineligible to receive U.S. economic assistance, including pursuant to section 7042(j) of the FY 2017 SFOAA, which prohibits (with limited exceptions) assistance to the government of Sudan. Syria is ineligible to receive U.S. economic assistance, including pursuant to section 7007 of the FY 2017 SFOAA, which prohibits direct assistance to the government of Syria. Zimbabwe is ineligible to receive U.S. economic assistance, including pursuant to section 7042(k)(2) of the FY 2017 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 2018. [FR Doc. 2017-18657 Filed 8-31-17; 8:45 am] BILLING CODE 9211-03-P
![41664 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices
803(b)(1) and 1007(c). Motion at 1–2. corresponding Petition to Participate Dated: August 28, 2017.
The settling parties have not will be dismissed. Jeanne M. Hauch,
represented that they have reached an Any participant that is an individual VP/General Counsel and Corporate Secretary,
agreement with non-settling claimants. may represent herself or himself. All Millennium Challenge Corporation.
Therefore, the Judges conclude that a other participants must be represented Report on Countries That Are
controversy exists with respect to DART by counsel. In accordance with 37 CFR
Musical Works Funds for royalty years Candidates for Millennium Challenge
350.2 (Representation), only attorneys Compact Eligibility for Fiscal Year 2018
2009, 2010, and 2011. who are members of the bar in one or
By this notice, the Judges grant the and Countries That Would Be
more states or the District of Columbia Candidates but for Legal Prohibitions
settling claimants’ Motion and and in good standing will be allowed to
announce the commencement of a represent parties before the Copyright Summary
proceeding to determine the proper Royalty Judges. The Judges will address This report to Congress is provided in
distribution of DART Musical Works further procedural matters, including
Funds (both the Musical Publishers accordance with section 608(a) of the
scheduling, after Petitions to Participate Millennium Challenge Act of 2003, as
Subfund and the Writers Subfund) for have been filed.
royalty years 2009, 2010, and 2011. The amended, 22 U.S.C. 7701, 7707(a) (the
Judges granted the settling claimants’ Intention To Conduct a Paper Act).
request for partial distribution pursuant Proceeding The Act authorizes the provision of
to Section 801(b)(3)(C) of the Copyright assistance for global development
Act, which authorizes the Judges to In accordance with Section through the Millennium Challenge
order partial distributions 803(b)(5)(B) of the Copyright Act, the Corporation (MCC) for countries that
notwithstanding the existence of Judges find it appropriate to conduct a enter into a Millennium Challenge
ongoing controversies. Consequently, all paper proceeding in this matter in light Compact with the United States to
DART Musical Works funds for royalty of the relatively modest amount of support policies and programs that
years 2009, 2010, and 2011 remain in royalties in dispute and the anticipated advance the progress of such countries
dispute, notwithstanding the 95% small number of non-settling claimants. to achieve lasting economic growth and
distribution to the settling claimants. In such proceedings, the Judges poverty reduction. The Act requires
All settling claimants agreed, at the time determine issues solely on the basis of MCC to take a number of steps in
of the partial distribution, to repay any the filing of a written direct statement selecting countries with which MCC
potential overpayment. by each participant, a response of an will seek to enter into a compact,
opposing participant, and one including determining the countries that
Commencement of Proceeding additional response from the will be eligible countries for fiscal year
Consistent with 17 U.S.C. 804(b)(8), participant. 17 U.S.C. 803(b)(5). Any (FY) 2018 based on (a) a country’s
the Judges determine that, for the party wishing to comment on the demonstrated commitment to (i) just
reasons stated above, a controversy Judges’ intention to conduct a paper and democratic governance, (ii)
exists with respect to the distribution of proceeding should include such economic freedom, and (iii) investments
the 2009, 2010, and 2011 DART Musical comments in its Petition to Participate. in its people; and (b) the opportunity to
Works Funds royalties for the Music Dated: August 29, 2017. reduce poverty and generate economic
Publishers Subfund and the Writers Jesse M. Feder,
growth in the country, and (c) the
Subfund. availability of funds to MCC. These
U.S. Copyright Royalty Judge.
steps include the submission of reports
Petitions To Participate [FR Doc. 2017–18569 Filed 8–31–17; 8:45 am]
to the congressional committees
Petitions to Participate must provide BILLING CODE P specified in the Act and the publication
all of the information required by 37 of notices in the Federal Register that
CFR 351.1(b)(2). Participants also must identify:
identify by year each subfund in the The countries that are ‘‘candidate
Musical Works Fund to which they are MILLENNIUM CHALLENGE countries’’ for FY 2018 based on their
asserting a claim (i.e., Music Publishers CORPORATION per capita income levels and their
or Writers, or both). Petitions to eligibility to receive assistance under
Participate submitted by interested [MCC FR 17–04] U.S. law and countries that would be
parties whose claims do not exceed candidate countries but for specified
$1,000 must contain a statement that the Report on Countries That Are legal prohibitions on assistance (section
party will not seek a distribution of Candidates for Millennium Challenge 608(a) of the Act);
more than $1,000. 37 CFR 351.1(b)(4). Account Eligibility in Fiscal Year 2018 The criteria and methodology that the
No filing fee is required for such parties. and Countries That Would Be MCC Board of Directors (Board) will use
Interested parties with claims exceeding Candidates but for Legal Prohibitions to measure and evaluate the relative
$1,000, however, must submit a filing policy performance of the ‘‘candidate
fee of $150 with their respective AGENCY: Millennium Challenge countries’’ consistent with the
Petitions to Participate, or the petition Corporation. requirements of subsections (a) and (b)
will be rejected. CASH WILL NOT BE ACTION: Notice. of section 607 of the Act in order to
ACCEPTED. Parties filing online determine ‘‘eligible countries’’ from
through eCRB must pay by credit card. SUMMARY: Section 608(a) of the
sradovich on DSK3GMQ082PROD with NOTICES
among the ‘‘candidate countries’’
All other parties must pay the filing fee Millennium Challenge Act of 2003 (section 608(b) of the Act); and
with a check or money order made requires the Millennium Challenge The list of countries determined by
payable to the ‘‘Copyright Royalty Corporation to publish a report that the Board to be ‘‘eligible countries’’ for
Board’’ and mailed or delivered with a identifies countries that are ‘‘candidate FY 2018, identification of such
paper claim form, as described in the countries’’ for Millennium Challenge countries with which the Board will
ADDRESSES section above. If a check is Account assistance during FY 2018. The seek to enter into compacts, and a
returned for lack of sufficient funds, the report is set forth in full below. justification for such eligibility
VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1](https://thefederalregister.org/doc/82_FR_41833/page/1.svg)
![41666 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices
Foreign Assistance Act by reason of the SFOAA, which prohibits direct ADDRESSES: Send comments to: Sunil
application of any provision of the assistance to the government of Syria. Iyengar, National Endowment for the
Foreign Assistance Act or any other Zimbabwe is ineligible to receive U.S. Arts, 400 7th Street SW., Washington,
provision of law are listed below. This economic assistance, including DC 20506–0001, telephone (202) 682–
list is based on legal prohibitions pursuant to section 7042(k)(2) of the FY 5424 (this is not a toll-free number), fax
against economic assistance that apply 2017 SFOAA, which prohibits (with (202) 682–5677, or send via email to
as of July 21, 2017. limited exceptions) assistance for the research@arts.gov.
central government of Zimbabwe unless FOR FURTHER INFORMATION CONTACT: For
Prohibited Countries: Low Income
the Secretary of State certifies and specific questions related to collection
Category
reports to Congress that the rule of law activities, please contact Melissa
Bolivia is ineligible to receive U.S. has been restored, including respect for Menzer, 202–682–5548, menzerm@
economic assistance pursuant to section ownership and title to property, and arts.gov.
706(3) of the Foreign Relations freedoms of expression, association, and
Authorization Act, Fiscal Year 2003 SUPPLEMENTARY INFORMATION: Comments
assembly. submitted in response to this notice may
(Pub. L. 107–228), regarding adherence Countries identified above as
to obligations under international be made available to the public through
candidate countries, as well as countries
counternarcotics agreements and other posting on a government Web site. For
that would be considered candidate
counternarcotics measures. this reason, please do not include in
countries but for the applicability of
Burma is ineligible to receive U.S. your comments information of a
legal provisions that prohibit U.S.
economic assistance, absent special confidential nature, such as sensitive
economic assistance, may be the subject
authority, because of concerns relative personal information or proprietary
of future statutory restrictions or
to its record on human rights. information. If you send an email
determinations, or changed country
Eritrea is ineligible to receive U.S. comment, your email address will be
circumstances, that affect their legal
economic assistance, including due to automatically captured and included as
eligibility for assistance under part I of
its status as a Tier 3 country under the part of the comment that is placed in the
the Foreign Assistance Act by reason of
Victims of Trafficking and Violence public docket and made available on the
application of the Foreign Assistance
Protection Act of 2000 (22 U.S.C. 7101 Internet. Please note that responses to
Act or any other provision of law for FY
et seq.). this public comment request containing
2018.
North Korea is ineligible to receive any routine notice about the
[FR Doc. 2017–18657 Filed 8–31–17; 8:45 am] confidentiality of the communication
U.S. economic assistance, including
pursuant to section 7007 of the FY 2017 BILLING CODE 9211–03–P will be treated as public comments that
SFOAA, which prohibits direct may be made available to the public
assistance to the government of North notwithstanding the inclusion of the
Korea. NATIONAL FOUNDATION ON THE routine notice.
South Sudan is ineligible to receive ARTS AND THE HUMANITIES The proposed information collection
U.S. economic assistance pursuant to activity provides a means to garner
section 7042(i)(2) of the FY 2017 National Endowment for the Arts qualitative customer and stakeholder
SFOAA, which prohibits, with limited feedback in an efficient, timely manner,
Proposed Collection; Comment
exceptions, assistance to the central in accordance with the Administration’s
Request; 60-Day Notice for Generic
government of South Sudan until the commitment to improving service
Clearance for the Collection of
Secretary of State certifies and reports to delivery. By qualitative feedback we
Qualitative Feedback on Agency
Congress that such government is taking mean information that provides useful
Service Delivery
effective steps to end hostilities and insights on perceptions and opinions,
pursue good faith negotiations for a AGENCY: National Endowment for the but are not statistical surveys that yield
political settlement of the internal Arts, National Foundation on the Arts quantitative results that can be
conflict; provide access for and the Humanities. generalized to the population of study.
humanitarian organizations; end the ACTION: Notice. This feedback will provide insights into
recruitment and use of child soldiers; customer or stakeholder perceptions,
protect freedoms of expression, SUMMARY: The National Endowment for experiences and expectations, provide
association, and assembly; reduce the Arts (NEA), as part of its continuing an early warning of issues with service,
corruption related to the extraction and effort to reduce paperwork and or focus attention on areas where
sale of oil and gas; establish democratic respondent burden, invites the general communication, training or changes in
institutions; establish accountable public to take this opportunity to operations might improve delivery of
military and police forces under civilian comment on the ‘‘Generic Clearance for products or services. These collections
authority; and investigate and prosecute the Collection of Qualitative Feedback will allow for ongoing, collaborative and
individuals credibly alleged to have on Agency Service Delivery’’ for actionable communications between the
committed gross violations of human approval under the Paperwork Agency and its customers and
rights, including at the Terrain Reduction Act (PRA) (44 U.S.C. 3501 et stakeholders. It will also allow feedback
compound in Juba, South Sudan on July seq.). This collection was developed as to contribute directly to the
11, 2016. part of a Federal Government-wide improvement of program management.
Sudan is ineligible to receive U.S. effort to streamline the process for The solicitation of feedback will target
seeking feedback from the public on areas such as: Timeliness,
sradovich on DSK3GMQ082PROD with NOTICES
economic assistance, including
pursuant to section 7042(j) of the FY service delivery. This notice announces appropriateness, accuracy of
2017 SFOAA, which prohibits (with our intent to submit this collection to information, courtesy, efficiency of
limited exceptions) assistance to the OMB for approval and solicits service delivery, and resolution of
government of Sudan. comments on specific aspects for the issues with service delivery. Responses
Syria is ineligible to receive U.S. proposed information collection. will be assessed to plan and inform
economic assistance, including DATES: Written comments are due by efforts to improve or maintain the
pursuant to section 7007 of the FY 2017 October 31, 2017. quality of service offered to the public.
VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1](https://thefederalregister.org/doc/82_FR_41833/page/3.svg)
Document Created: 2017-09-01 01:50:41
Document Modified: 2017-09-01 01:50:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| FR Citation | 82 FR 41664 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR