[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Notices]
[Page 35507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15074]


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DEPARTMENT OF STATE

[Public Notice 7504]


Assistance to Southern Sudan and the United States Contribution 
to the Global Fund To Fight AIDS, Tuberculosis and Malaria (Global 
Fund) for Fiscal Year 2009

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 2009.

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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 
2008, $301,416 was provided to government entities in Southern Sudan 
under HIV/AIDS grants, thus triggering a potential withholding 
requirement in this amount from the FY 2009 U.S. contribution to the 
Global Fund. These funds were used to support 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 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 $301,416 to the Global Fund from the FY 2009 
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.

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

     Dated: June 14, 2011.
Eric P. Goosby,
Ambassador, Office of the U.S. Global AIDS, Coordinator, Department of 
State.
[FR Doc. 2011-15074 Filed 6-16-11; 8:45 am]
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