[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Notices]
[Page 30459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13060]


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DEPARTMENT OF STATE

[Public Notice 7033]


Assistance to the Autonomous Government of Southern Sudan and the 
United States Contribution to the Global Fund To Fight AIDS, 
Tuberculosis and Malaria (Global Fund) for Fiscal Year 2008

AGENCY: Department of State.

ACTION: Notice of a Waiver Determination under Section 202(d)(4)(A)(ii) 
of the United States Leadership against HIV/AIDS, Tuberculosis, and 
Malaria Act of 2003, as amended, for Fiscal Year 2008.

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SUMMARY: This is a notice of a waiver determination under Section 
202(d)(4)(A)(ii) of the United States Leadership Against HIV/AIDS, 
Tuberculosis, and Malaria Act of 2003, as amended by the Tom Lantos and 
Henry J. Hyde United States Global Leadership Against HIV/AIDS, 
Tuberculosis, and Malaria Reauthorization Act of 2008 (the Leadership 
Act). The Leadership Act requires that the U.S. Global AIDS Coordinator 
withhold from the U.S. contribution to the Global Fund an amount equal 
to expenditures by the Global Fund in the previous fiscal year to 
governments of countries that have been determined to have repeatedly 
provided support for acts of international terrorism in accordance with 
section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. 
App. 2405 (j)(1)) (the ``6(j) list'').
    The government of the Republic of Sudan is designated on the ``6(j) 
list.'' Thus, Global Fund expenditures to the Government of the 
Republic of Sudan trigger a withholding requirement from the U.S. 
contribution to the Global Fund, subject to the waiver authority 
provided for Global Fund expenditures in Southern Sudan. During FY 
2007, $260,139 was provided to government entities in Southern Sudan 
under malaria and HIV/AIDS grants, thus triggering a potential 
withholding requirement in this amount from the FY 2008 U.S. 
contribution to the Global Fund. These funds were used to support 
malaria treatment, create State HIV/AIDS Commissions in all ten 
southern Sudan states, provide needed financial support for project 
specialists, and meet other incurred expenses under HIV/AIDS and 
malaria grants.
    Under the Leadership Act, the President has authority to waive the 
withholding requirement for assistance overseen by the Southern Sudan 
Country Coordinating Mechanism (SSCCM) if such an action is justified 
by the national interest or for humanitarian reasons. This authority 
has been delegated to the U.S. Global AIDS Coordinator. The United 
States places a high priority on ensuring appropriate disbursement and 
expenditure of foreign development and humanitarian funding. Following 
consultations with the relevant Congressional committees, the U.S. 
Global AIDS Coordinator has determined waiver of the withholding 
requirement for assistance by the Global Fund to the Autonomous 
Government of Southern Sudan through the Global Fund SSCCM is justified 
for humanitarian reasons. The application of the withholding 
requirement of Section 202(d)(4)(A)(ii) of the Act is hereby waived 
with respect to such assistance, allowing for the additional 
contribution of $260,139 to the Global Fund from the FY 2008 
appropriations for the U. S. contribution to the Global Fund. This 
notice of waiver determination is published in the Federal Register in 
compliance with Section 202(d)(4)(A)(ii) of the Leadership Act.

DATES: Date Effective: May 26, 2010.

FOR FURTHER INFORMATION CONTACT: Margaret Lidstone, Director, 
Multilateral Diplomacy, Office of the Global AIDS Coordinator (202) 
663-2586.

    Dated: May 14, 2010.
Eric P. Goosby,
Ambassador, Office of the U.S. Global AIDS Coordinator, Department of 
State.
[FR Doc. 2010-13060 Filed 5-28-10; 8:45 am]
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