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B-237858 1 (1991-04-15)

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          Decision


          Matter of: United States Information Agency--Debt Conversion
                      Activities

          rile:       B-237858

          Date:       April 15, 1991


          DIGEST

          1, Unless otherwise'aufhorized, the United States
          Information Agency (USIA) may not uae appropriated funds to
          engage in debt'for equity swaps to fund educational and
          cultural exchange activities, The authority contained in the
          Mutual Educational and Cultural Exchange Act, 22 U.S.Cr
          § 2451, to finance educational and cultural exchange
          activities by grant, contract, or otherwise does not include
          the authority to purchase discounted foreign debt from
          commercial lenders,

          2. USIA may accept donations of foreign debt for the purpose
          of funding international educational and cultural activities.
          Under 22 U.S.C. 5 2697, USIA may accept conditional gifts.
          Congress specifically provided that USIA may hold, invest,
          reinvest, and use the principal and income from any such
          conditional gift in accordance with the conditions of the gift
          to carry out authorized functions.

          DECISION

          This responds to a request from the Generai Counsel, .united
          States Information Agency,'(USIA), regardingthe agency's
          authority to-ehgage in transactions, commonly referred to as
          debt for equity swaps, that are part of af6reign country's
          program to reduce the amount of its outstandLng'U.S. dollar
          denbuinated debt, The General Counsel asks ihether the
          agency may engage in tuch transactions to fund educational and
          cultural exchange programs. For the followig reasons, we
          conclude that USIA may not use appropriated funds to purchase
          foreign debt and convert it to foreign currency or foreign
          currency denominated bonds. However, under its statutory
          authority to accept and invest gifts in accordance with their
          conditions, USIA may accept donations of foreign debt and use
          such donations to engage in the proposed activities.

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