§ 2354.
(a)
Limitations on procurement outside United States
(1)
Funds made available for assistance under this chapter may be used by the President for procurement—
(A)
only in the United States, the recipient country, or developing countries; or
(B)
in any other country but only if—
(i)
the provision of such assistance requires commodities or services of a type that are not produced in and available for purchase in any country specified in subparagraph (A); or
(ii)
the President determines, on a case-by-case basis, that procurement in such other country is necessary—
(I)
to meet unforeseen circumstances, such as emergency situations, where it is important to permit procurement in a country not specified in subparagraph (A); or
(II)
to promote efficiency in the use of United States foreign assistance resources, including to avoid impairment of foreign assistance objectives.
(2)
For purposes of this subsection, the term “developing countries” shall not include advanced developing countries.
(g)
Construction or engineering services; applicability to advanced developing country
(1)
None of the funds authorized to be appropriated or made available for obligation or expenditure under this chapter may be made available for the procurement of construction or engineering services from advanced developing countries, eligible under the Geographic Code 941, which have attained a competitive capability in international markets for construction services or engineering services.
(2)
Paragraph (1) does not apply with respect to an advanced developing country which—
(A)
is receiving direct economic assistance under part I of subchapter I of this chapter or part IV of subchapter II of this chapter, and
(B)
if the country has its own foreign assistance programs which finance the procurement of construction or engineering services, permits United States firms to compete for those services.
([Pub. L. 87–195], pt. III, § 604, Sept. 4, 1961, [75 Stat. 439]; [Pub. L. 89–583], pt. III, § 301(b), Sept. 19, 1966, [80 Stat. 804]; [Pub. L. 90–554], pt. III, § 301(a), Oct. 8, 1968, [82 Stat. 963]; [Pub. L. 96–533, title VII, § 705], Dec. 16, 1980, [94 Stat. 3157]; [Pub. L. 99–83, title XII, § 1207], Aug. 8, 1985, [99 Stat. 278]; [Pub. L. 102–391, title V, § 597], Oct. 6, 1992, [106 Stat. 1694]; [Pub. L. 110–246, title III, § 3001(b)(1)(A)], (2)(Q), June 18, 2008, [122 Stat. 1820].)