12 U.S.C. § 635
If the Bank submits a statement to the Congress under this paragraph and either House of Congress is in an adjournment for a period which continues for at least ten days after the date of submission of the statement, then any such loan or guarantee or combination thereof may, subject to the second sentence of this paragraph, be finally approved by the Board of Directors upon the termination of the twenty-five-day period referred to in the first sentence of this paragraph or upon the termination of a thirty-five-calendar-day period (which commences upon the date of submission of the statement), whichever occurs sooner.
then the Secretary of State shall submit a report to the appropriate committees of the Congress and to the Board of Directors of the Bank stating such determination and identifying each country or person the Secretary determines has so acted.
The President shall include in each report made pursuant to this paragraph a detailed statement with respect to each of the conditions set forth in this paragraph. This paragraph shall not be construed to impose any requirement with respect to Angola that is more restrictive than any requirement imposed by this section generally on all other countries.
The Bank may not extend any direct credit or financial guarantee for establishing or expanding production of any commodity for export by any country other than the United States, if-
In making the determination under subparagraph (B), the Bank shall determine whether the facility that would benefit from the extension of a credit or guarantee is reasonably likely to produce a commodity in addition to, or other than, the commodity specified in the application and whether the production of the additional commodity may cause substantial injury to United States producers of the same, or a similar or competing, commodity.
The Bank shall not provide any loan or guarantee to an entity for the resulting production of substantially the same product that is the subject of-
Within 60 days after June 14, 2002, the Bank shall establish procedures regarding loans or guarantees provided to any entity that is subject to a preliminary determination of a reasonable indication of material injury to an industry under title VII of the Tariff Act of 1930. The procedures shall help to ensure that these loans and guarantees are likely to not result in a significant increase in imports of substantially the same product covered by the preliminary determination and are likely to not have a significant adverse impact on the domestic industry. The Bank shall report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the implementation of these procedures.
The Bank shall establish procedures under which the Bank shall notify interested parties and provide a comment period of not less than 14 days (which, on request of any affected party, shall be extended to a period of not more than 30 days) with regard to loans or guarantees reviewed pursuant to subparagraph (B) or (D).
In making any determination under paragraph (1) for a transaction involving more than $10,000,000, the Bank shall consider investigations under title II of the Trade Act of 1974 that have been initiated at the request of the President of the United States, the United States Trade Representative, the Committee on Finance of the Senate, or the Committee on Ways and Means of the House of Representatives, or by the International Trade Commission on its own motion.
The Bank shall not provide a loan or guarantee if the Bank determines that providing the loan or guarantee will facilitate circumvention of an order or determination referred to in subparagraph (A).
Paragraphs (1) and (2) shall not apply in any case where, in the judgment of the Board of Directors of the Bank, the short- and long-term benefits to industry and employment in the United States are likely to outweigh the short- and long-term injury to United States producers and employment of the same, similar, or competing commodity.
For purposes of paragraph (1)(B), the extension of any credit or guarantee by the Bank will cause substantial injury if the amount of the capacity for production established, or the amount of the increase in such capacity expanded, by such credit or guarantee equals or exceeds 1 percent of United States production.
Not later than 120 days after December 20, 2006, the Bank shall submit a list to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, which designates sensitive commercial sectors and products with respect to which the provision of financing support by the Bank is deemed unlikely by the President of the Bank due to the significant potential for a determination that such financing support would result in an adverse economic impact on the United States. The President of the Bank shall review on an annual basis thereafter the list of sensitive commercial sectors and products and the Bank shall submit an updated list to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives of such sectors and products.
For purposes of determining whether a proposed transaction exceeds a financial threshold under this subsection or under the procedures or rules of the Bank, the Bank shall aggregate the dollar amount of the proposed transaction and the dollar amounts of all loans and guarantees, approved by the Bank in the preceding 24-month period, that involved the same foreign entity and substantially the same product to be produced.
If, in making a determination under this paragraph with respect to a loan or guarantee, the Bank conducts a detailed economic impact analysis or similar study, the analysis or study, as the case may be, shall include consideration of-
If, in making a determination under this subsection with respect to a loan or guarantee, the Bank intends to conduct a detailed economic impact analysis or similar study, the Bank shall publish in the Federal Register a notice of the intent, and provide a period of not less than 14 days (which, on request by any affected party, shall be extended to a period of not more than 30 days) for the submission to the Bank of comments on the economic effects of the provision of the loan or guarantee, including comments on the factors set forth in subparagraphs (A) and (B) of paragraph (1). In addition, the Bank shall seek comments on the economic effects from the Department of Commerce, the Office of Management and Budget, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives.
The notice shall include appropriate, nonproprietary information about-
If a material change is made to an application for a loan or guarantee from the Bank after a notice with respect to the intent described in clause (i) is published under this subparagraph, the Bank shall publish in the Federal Register a revised notice of the intent, and shall provide for a comment period, as provided in clauses (i) and (ii).
As used in subclause (I), the term "material change", with respect to an application, includes-
Before taking final action on an application for a loan or guarantee to which this section applies, the staff of the Bank shall provide in writing to the Board of Directors the views of any person who submitted comments pursuant to subparagraph (B).
Within 30 days after a party affected by a final decision of the Board of Directors with respect to a loan or guarantee makes a written request therefor, the Bank shall provide to the affected party a non-confidential summary of the facts found and conclusions reached in any detailed economic impact analysis or similar study conducted pursuant to subparagraph (B) with respect to the loan or guarantee, that were submitted to the Board of Directors.
The Bank shall maintain documentation relating to economic impact analyses and similar studies conducted under this subsection in a manner consistent with the Standards for Internal Control of the Federal Government issued by the Comptroller General of the United States.
This paragraph shall not be construed to make subchapter II of chapter 5 of title 5 applicable to the Bank.
The Bank shall implement such regulations and procedures as may be appropriate to carry out this paragraph.
In addition to any other authority of the Bank, the Bank may deny an application for assistance with respect to a transaction if the Bank has substantial credible evidence that any party to the transaction or any party involved in the transaction has committed an act of fraud or corruption in connection with the transaction, and shall deny an application for assistance if the end user, borrower, lender, or exporter has been convicted of an act of fraud or corruption in connection with an application for support from the Bank made in the preceding 5 years. The Bank may proceed with an application described in this subsection only if an end user, borrower, lender, or exporter can be fully excluded from the transaction.
The Bank shall establish and adhere to a clearly defined process for-
Within 5 days after the Bank receives an application for financing, the Bank shall notify the applicant that the application has been received, and shall include in the notice-
Not later than September 1, 2007, the Bank shall exercise the authority granted by subparagraphs (E)(x) and (J) of subsection (b)(1) to establish, and thereafter to maintain, a website through which-
The Bank shall set due diligence standards for its lender partners and participants, which should be applied across all programs consistently. To minimize or prevent fraudulent activity, the Bank shall require all delegated lenders to implement "Know your customer practices".
In entering into financing contracts, the Bank shall seek a creditor status which is not subordinate to that of all other creditors, in order to reduce the risk to, and enhance recoveries for, the Bank.
Except as provided in this subchapter, the Bank may not-
The prohibitions under paragraph (1) apply only to applications for financing by the Bank for projects concerning the exploration, development, production, or export of energy sources and the generation or transmission of electrical power, or combined heat and power, regardless of the energy source involved.
The Bank shall establish a Program on China and Transformational Exports to support the extension of loans, guarantees, and insurance, at rates and on terms and other conditions, to the extent practicable, that are fully competitive with rates, terms, and other conditions established by the People's Republic of China or by a covered country, that aim to-
In this subsection, the term "covered country" means any country that-
It shall be a goal of the Bank to reserve not less than 20 percent of the applicable amount (as defined in section 635e(a)(2) of this title) for support made pursuant to the Program on China and Transformational Exports.
The Secretary of the Treasury may reduce or eliminate the 20 percent goal in subparagraph (A), on reporting to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that the People's Republic of China is in substantial compliance with-
The program established under paragraph (1) shall expire on December 31, 2026. Not later than 4 years after December 20, 2019, the President of the Bank shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate assessing the following:
The National Advisory Council on International Monetary and Financial Problems shall ensure that Bank authorizations pursuant to the Program on China and Transformational Exports are considered or reviewed expeditiously, consistent with the other credit standards required by law.
1 See References in Text note below.
12 U.S.C. § 635
Amendment of SectionFor termination of amendment by section 1(c) of Pub. L. 103-428 see Effective and Termination Dates of 1994 Amendments note below.
EDITORIAL NOTES
REFERENCES IN TEXTThe Federal Credit Reform Act of 1990, referred to in subsec. (b)(1)(B), is title V of Pub. L. 93-344 as added by Pub. L. 101-508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388-609, which is classified generally to subchapter III (§661 et seq.) of chapter 17A of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2 and Tables.The Foreign Corrupt Practices Act of 1977, referred to in subsec. (b)(1)(B), (L), is title I of Pub. L. 95-213, Dec. 19, 1977, 91 Stat. 1494, which enacted sections 78dd-1 to 78dd-3 of Title 15, Commerce and Trade, and amended sections 78m and 78ff of Title 15. For complete classification of this Act to the Code, see Short Title of 1977 Amendment note set out under section 78a of Title 15 and Tables.The Arms Export Control Act, referred to in subsec. (b)(1)(B), (L), (6)(F), is Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§2751 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables.The International Emergency Economic Powers Act, referred to in subsec. (b)(1)(B), (L), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables.The Export Administration Act of 1979, referred to in subsec. (b)(1)(B), (L), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§4601 et seq.) of Title 50, War and National Defense, prior to repeal by Pub. L. 115-232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof ( 50 U.S.C. 4611, 4612, 4613 ).Section 2151q of title 22, referred to in subsec. (b)(1)(C), was repealed by Pub. L. 96-533, title III, §304(g), Dec. 16, 1980, 94 Stat. 3147. See section 2151d(a)(2), (b)(2), (c) of Title 22, Foreign Relations and Intercourse.The African Growth and Opportunity Act, referred to in subsec. (b)(9)(C), is title I of Pub. L. 106-200, 114 Stat. 252, which is classified principally to chapter 23 (§3701 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 19 and Tables.The Tariff Act of 1930, referred to in subsec. (e)(2)(A)(i), (B), is act June 17, 1930, ch. 497, 46 Stat. 590. Title VII of the Act is classified generally to subtitle IV (§1671 et seq.) of chapter 4 of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables.The Trade Act of 1974, referred to in subsec. (e)(2)(A)(ii), (D), is Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978. Title II of the Act is classified generally to subchapter II (§2251 et seq.) of chapter 12 of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 2101 of Title 19 and Tables.December 20, 2006, referred to in subsec. (e)(5), was in the original "the date of the enactment of this Act", which was translated as meaning the date of enactment of Pub. L. 109-438 which enacted subsec. (e)(5), to reflect the probable intent of Congress.
CODIFICATION Section 1(c) of Pub. L. 90-267 added pars. (2) to (5) of subsec. (b) and another section of Pub. L. 90-267 also designated 1(c) substituted "$3,500,000,000" for "$2,000,000,000" in subsec. (c)(1). See, also, 1968 Amendments hereunder.
AMENDMENTS2019-Subsec. (b)(1)(E)(i)(I). Pub. L. 116-94, §403, added subcl. (I) and struck out former subcl. (I) which read as follows: "It is further the policy of the United States to encourage the participation of small business in international commerce."Subsec. (b)(1)(E)(v). Pub. L. 116-94, §405, inserted at end "For the purpose of calculating the amounts of authority required under this clause, the Bank shall, with respect to insurance, exclude unutilized authorizations that terminated during the fiscal year." Pub. L. 116-94, §404(a), substituted "30" for "25". Subsec. (b)(1)(K). Pub. L. 116-94, §407, inserted before period at end ", energy efficiency (including battery electric vehicles, batteries for electric vehicles, and electric vehicle charging infrastructure), and energy storage. It shall be a goal of the Bank to ensure that not less than 5 percent of the applicable amount (as defined in section 635e(a)(2) of this title) is made available each fiscal year for the financing of renewable energy, energy efficiency (including battery electric vehicles, batteries for electric vehicles, and electric vehicle charging infrastructure), and energy storage technology exports".Subsec. (f). Pub. L. 116-94, §406(1), inserted before period at end ", and shall deny an application for assistance if the end user, borrower, lender, or exporter has been convicted of an act of fraud or corruption in connection with an application for support from the Bank made in the preceding 5 years. The Bank may proceed with an application described in this subsection only if an end user, borrower, lender, or exporter can be fully excluded from the transaction".Subsec. (i). Pub. L. 116-94, §406(2), substituted "shall require" for "should require".Subsec. (l). Pub. L. 116-94, §402(a), added subsec. (l).2015-Subsec. (a)(2)(A)(iii). Pub. L. 114-94, §54002(a), added cl. (iii).Subsec. (b)(1)(E)(v). Pub. L. 114-94, §52001(a), substituted "25 percent" for "20 percent". Subsec. (b)(1)(M). Pub. L. 114-94, §53001, added subpar. (M).Subsec. (b)(9)(B)(iii). Pub. L. 114-94, §54001(c), substituted "the date on which the authority of the Bank expires under section 635f of this title" for "September 30, 2014".Subsec. (d)(2). Pub. L. 114-94, §54002(b), substituted "$25,000,000" for "$10,000,000".Subsec. (k). Pub. L. 114-94, §55001, added subsec. (k).2012-Subsec. (b)(2)(B)(ii). Pub. L. 112-122, §22, redesignated subcls. (II), (III), (V), (VI), (VIII), and (IX) as (I) to (VI), respectively, and struck out subcls. (I), (IV), and (VII) which deemed Cambodian People's Republic, Lao People's Democratic Republic, and Socialist Federal Republic of Yugoslavia as Marxist-Leninist countries for purposes of par. (2).Subsec. (b)(9)(B)(iii). Pub. L. 112-122, §23, substituted "2014" for "2011".Subsec. (e)(7)(E) to (G). Pub. L. 112-122, §12(b), added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively. Subsec. (i). Pub. L. 112-122, §7, added subsec. (i). Subsec. (j). Pub. L. 112-122, §8, added subsec. (j). 2006-Subsec. (b)(1)(A). Pub. L. 109-438, §13(b), (c), inserted ", including countries the governments of which are not members of the Arrangement (as defined in section 635i-3(h)(3) of this title)" after "United States exporters" in second sentence and struck out fourth to twelfth sentences which related to compliance reporting requirements.Subsec. (b)(1)(E)(v). Pub. L. 109-438, §14(b), inserted at end "From the amount made available under the preceding sentence, it shall be a goal of the Bank to increase the amount made available to finance exports directly by small business concerns referred to in section 635a(i)(1) of this title." Subsec. (b)(1)(E)(vii)(III). Pub. L. 109-438, §6(b)(2), inserted "or other financing institutions or entities" after "consortia". Subsec. (b)(9)(B)(iii). Pub. L. 109-438, §3(a), substituted "2011" for "2006".Subsec. (b)(9)(C), (D). Pub. L. 109-438, §3(b)(2), (c), added subpars. (C) and (D).Subsec. (b)(13). Pub. L. 109-438, §11, added par. (13).Subsec. (e)(1). Pub. L. 109-438, §7(1), inserted concluding provisions.Subsec. (e)(2)(C). Pub. L. 109-438, §8(b), inserted "of not less than 14 days (which, on request of any affected party, shall be extended to a period of not more than 30 days)" after "comment period".Subsec. (e)(2)(E). Pub. L. 109-438, §7(2), added subpar. (E).Subsec. (e)(5) to (7). Pub. L. 109-438, §§5, 7, added pars. (5) to (7). Subsecs. (g), (h). Pub. L. 109-438, §12, added subsecs. (g) and (h).2002-Subsec. (a)(1). Pub. L. 107-189, §2, substituted "The objects and purposes of the Bank shall be to aid in financing and to facilitate exports of goods and services, imports, and the exchange of commodities and services between the United States or any of its territories or insular possessions and any foreign country or the agencies or nationals of any such country, and in so doing to contribute to the employment of United States workers. The Bank's objective in authorizing loans, guarantees, insurance, and credits shall be to contribute to maintaining or increasing employment of United States workers." for "The objects and purposes of the bank shall be to aid in financing and to facilitate exports and imports and the exchange of commodities and services between the United States or any of its Territories or insular possessions and any foreign country or the agencies or nationals thereof."Subsec. (b)(1)(A). Pub. L. 107-189, §§11, 13, substituted "not later than June 30 of each year" for "on an annual basis" in fourth sentence, inserted "(including through use of market windows)" after "which foreign exporters compete with the United States exporters" in fifth sentence, inserted "With respect to the preceding sentence, the Bank shall use all available information to estimate the annual amount of export financing available from each government and government-related agency." after fifth sentence, and inserted at end "The Bank shall include in the annual report a description of all Bank transactions which shall be classified according to their principal purpose, such as to correct a market failure or to provide matching support. The Bank shall include in the annual report a description of the efforts undertaken under subparagraph (K)."Subsec. (b)(1)(B). Pub. L. 107-189, §§15, 17, 21, 24, substituted "Committee on Financial Services of the House of Representatives" for "Committee on Banking and Financial Services of the House of Representatives" and inserted "(including, when relevant, a foreign nation's lack of cooperation in efforts to eradicate terrorism)" after "international terrorism", "the enforcement of the Foreign Corrupt Practices Act of 1977, the Arms Export Control Act, the International Emergency Economic Powers Act, or the Export Administration Act of 1979," after "nuclear proliferation," and "(such as are provided in the Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948)" after "human rights".Subsec. (b)(1)(E)(iii)(II). Pub. L. 107-189, §7(b), inserted ", with particular emphasis on conducting outreach and increasing loans to socially and economically disadvantaged small business concerns (as defined in section 637(a)(4) of title 15), small business concerns (as defined in section 632(a) of title 15) owned by women, and small business concerns (as defined in section 632(a) of title 15) employing fewer than 100 employees," after "Bank".Subsec. (b)(1)(E)(v). Pub. L. 107-189, §7(a), substituted "20 percent" for "10 percent".Subsec. (b)(1)(E)(x). Pub. L. 107-189, §8(a), added cl. (x).Subsec. (b)(1)(H)(ii), (iii). Pub. L. 107-189, §24(b)(1), made technical amendment to reference in original act which appears in text as reference to section 5402 of title 22.Subsec. (b)(1)(J). Pub. L. 107-189, §8(b), added subpar. (J).Subsec. (b)(1)(K). Pub. L. 107-189, §13(a), added subpar. (K).Subsec. (b)(1)(L). Pub. L. 107-189, §19, added subpar. (L).Subsec. (b)(6)(D)(i)(III). Pub. L. 107-189, §24(a)(2)(A), substituted "Committee on Financial Services of the House of Representatives" for "Committee on Banking, Finance and Urban Affairs of the House of Representatives".Subsec. (b)(6)(E). Pub. L. 107-189, §24(b)(3), substituted "internationally" for "international".Subsec. (b)(6)(H). Pub. L. 107-189, §24(a)(2)(B), substituted "Committee on Financial Services of the House of Representatives" for "Committee on Banking, Finance and Urban Affairs of the House of Representatives".Subsec. (b)(6)(I)(i)(II), (iii). Pub. L. 107-189, §24(a)(2)(C), (D), substituted "Committees on Financial Services" for "Committees on Banking, Finance and Urban Affairs". Subsec. (b)(9)(A). Pub. L. 107-189, §6(b), inserted ", in consultation with the Secretary of Commerce and the Trade Promotion Coordinating Committee," after "shall".Subsec. (b)(9)(B)(iii). Pub. L. 107-189, §6(a), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: "The advisory committee shall terminate 4 years after November 26, 1997."Subsec. (b)(12). Pub. L. 107-189, §24(b)(2), realigned margins.Subsec. (e)(2) to (4). Pub. L. 107-189, §18, substituted "Paragraphs (1) and (2)" for "Paragraph (1)" in par. (2), added a new par. (2), and redesignated former pars. (2) and (3) as (3) and (4), respectively.Subsec. (f). Pub. L. 107-189, §16, added subsec. (f).2000-Subsec. (b)(1)(A). Pub. L. 106-569, §1103(d)(1), substituted "The Bank shall, on an annual basis, report" for "The Bank shall, on a annual basis, report" and inserted at end "The annual report required under this subparagraph shall include the report required under section 635i-3(g) of this title."Subsec. (b)(1)(D). Pub. L. 106-569, §1104(a)(1), struck out "(i)" after "(D)" and struck out cl. (ii) which read as follows: "The Bank shall include in its annual report a summary of its programs regarding the export of services."Subsec. (b)(8). Pub. L. 106-569, §1104(a)(2), struck out at end "The Bank shall include in the report to Congress under section 635g(a) of this title a description of the measures undertaken by it pursuant to this subsection." 1997-Subsec. (b)(1)(A). Pub. L. 105-121, §10, in first sentence, substituted "real income, a commitment to reinvestment and job creation, and the increased development of the productive resources of the United States" for "real income and to the increased development of the productive resources of the United States".Subsec. (b)(1)(B). Pub. L. 105-121, §11, inserted "(including child labor)" after "human rights" in penultimate sentence. Pub. L. 105-121, §5(2), inserted at end "Each such determination shall be delivered in writing to the President of the Bank, shall state that the determination is made pursuant to this section, and shall specify the applications or categories of applications for credit which should be denied by the Bank in furtherance of the national interest." Pub. L. 105-121, §5(1), in penultimate sentence, inserted ", after consultation with the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate," after "President".Subsec. (b)(1)(I). Pub. L. 105-121, §9, added subpar. (I).Subsec. (b)(9). Pub. L. 105-121, §7(a), added par. (9).Subsec. (b)(12). Pub. L. 105-121, §12, added par. (12).1996-Subsec. (b)(4). Pub. L. 104-201 amended par. (4) generally, restating provisions of former single par. as subpars. (A) to (F) with addition of provisions relating to persons knowingly aiding or abetting non-nuclear-weapon states to acquire nuclear explosive devices or unsafeguarded special nuclear material and requiring Secretary of State to initiate consultations with governments having jurisdiction over such persons.1994-Subsec. (b)(4). Pub. L. 103-236 inserted "(as defined in section 6305(4) of title 22), or that any country has willfully aided or abetted any non-nuclear-weapon state (as defined in section 6305(5) of title 22) to acquire any such nuclear explosive device or to acquire unsafeguarded special nuclear material (as defined in section 6305(8) of title 22)." after "device" at end of first sentence.Subsec. (b)(6)(C)(ii). Pub. L. 103-447 substituted "defined in section 2291(e) of title 22" for "determined under section 2291j(h) or 2291(e), as appropriate, of title 22".Subsec. (b)(6)(H). Pub. L. 103-428, §1(b), (c), temporarily inserted "or described in subparagraph (I)(i)" before period at end of first sentence. See Effective and Termination Dates of 1994 Amendments note below.Subsec. (b)(6)(I). Pub. L. 103-428, §1(a), (c), temporarily added subpar. (I). See Effective and Termination Dates of 1994 Amendments note below.1993-Subsec. (b)(9). Pub. L. 103-149 struck out par. (9) which prohibited the Bank from taking certain actions with respect to business affecting Republic of South Africa. 1992-Subsec. (a)(3). Pub. L. 102-429, §121(a)(1), struck out "(A) IN GENERAL.-" before "To enhance the medium-term", redesignated cls. (i) to (iv) as subpars. (A) to (D), respectively, and struck out former subpar. (B) which read as follows: "REPORT REQUIRED.-Not later than April 15, 1988, the Bank shall transmit a report to the Congress analyzing the measures adopted to enhance medium-term financing."Subsec. (b)(1)(A). Pub. L. 102-429, §121(a)(2), added sentence at end and struck out former last sentence which read as follows: "The Bank shall also include in the annual report a description of each loan by the Bank involving the export of any product or service related to the production, refining or transportation of any type of energy or the development of any energy resource with a statement assessing the impact, if any, on the availability of such products, services, or energy supplies thus developed for use within the United States." Subsec. (b)(1)(B). Pub. L. 102-429, §104, inserted after first semicolon in fifth sentence "that the Bank, in determining whether to provide support for a transaction under the loan, guarantee, or insurance program, or any combination thereof, shall consider the need to involve private capital in support of United States exports as well as the cost of the transaction as calculated in accordance with the requirements of the Federal Credit Reform Act of 1990;".Subsec. (b)(1)(E)(v). Pub. L. 102-429, §121(a)(3), substituted "not less than 10 percent of such authority for each fiscal year." for "not less than-"(I) 6 per centum of such authority for fiscal year 1984;"(II) 8 per centum of such authority for fiscal year 1985; and"(III) 10 per centum of such authority for fiscal year 1986 and thereafter." Pub. L. 102-429, §116, inserted "directly" after "to finance exports".Subsec. (b)(1)(H). Pub. L. 102-429, §114, added subpar. (H).Subsec. (b)(2)(B). Pub. L. 102-429, §110, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows:"(i) IN GENERAL.-For the purposes of this paragraph, the term 'Marxist-Leninist country' means any country which-"(I) maintains a centrally planned economy based on the principles of Marxist-Leninism, or"(II) is economically and militarily dependent on the Union of Soviet Socialist Republics or on any other Marxist-Leninist country."(ii) SPECIFIC COUNTRIES DEEMED TO BE MARXIST-LENINIST.-Unless otherwise determined by the President in the manner provided in subparagraph (C), the following countries are deemed to be Marxist-Leninist countries for purposes of this paragraph:"Cambodian People's Republic. "Cooperative Republic of Guyana."Czechoslovak Socialist Republic."Democratic People's Republic of Korea."Democratic Republic of Afghanistan. "Estonia."German Democratic Republic. "Hungarian People's Republic."Lao People's Democratic Republic."Latvia. "Lithuania."Mongolian People's Republic. "People's Democratic Republic of Yemen."People's Republic of Albania."People's Republic of Angola. "People's Republic of Benin."People's Republic of Bulgaria."People's Republic of China. "People's Republic of the Congo."People's Republic of Mozambique."Polish People's Republic. "Republic of Cuba."Republic of Nicaragua. "Socialist Ethiopia."Socialist Federal Republic of Yugoslavia."Socialist Republic of Romania. "Socialist Republic of Vietnam."Surinam. "Tibet."Union of Soviet Socialist Republics (including its captive constituent republics)."Subsec. (b)(6)(A). Pub. L. 102-583, §12(c)(1)(A), which directed the substitution of ", except as otherwise provided in subparagraph (B)." for "designated" and all that follows through the end of the subparagraph could not be executed because the words did not appear subsequent to the amendment by Pub. L. 102-429, §112(d)(1). See below. Pub. L. 102-429, §112(d)(1), struck out before period at end "designated under section 4916 of title 26 as an economically less developed country for purposes of the tax imposed by section 4911 of title 26. The prohibitions set forth in this subparagraph shall not apply with respect to any transaction the consummation of which the President determines would be in the national interest and reports such determination (within thirty days after making the same) to the Senate and House of Representatives. In making any such determination the President shall take into account, among other considerations, the national interest in avoiding arms races among countries not directly menaced by the Soviet Union or by Communist China; in avoiding arming military dictators who are denying social progress to their own peoples; and in avoiding expenditures by developing countries of scarce foreign exchange needed for peaceful economic progress". Subsec. (b)(6)(B). Pub. L. 102-429, §112(d)(2)(A), struck out ", and section 32 of the Arms Export Control Act," after "Subparagraph (A)". Subsec. (b)(6)(B)(iii). Pub. L. 102-583, §6(c)(1), substituted "section 2291j(e) of title 22" for "section 2291(h)(5) of title 22". Subsec. (b)(6)(B)(iv), (v). Pub. L. 102-429, §112(a)(1), (2), (d) (2)(B), inserted "and" at end of cl. (iv) and substituted "articles or services." for "articles and services; and" at end of cl. (v). Subsec. (b)(6)(B)(vi). Pub. L. 102-583, §12(a), which directed the substitution of "1997" for "1992" in cl. (vi), could not be executed because cl. (vi) was struck out by Pub. L. 102-429, §112(a)(3). See below. Pub. L. 102-429, §112(a)(3), struck out cl. (vi) which read as follows: "the sale is made on or before September 30, 1992." Subsec. (b)(6)(C)(ii). Pub. L. 102-583, §6(c)(2), substituted "determined under section 2291j(h) or 2291(e), as appropriate, of title 22" for "defined in section 2291(i) of title 22".Subsec. (b)(6)(D)(i). Pub. L. 102-429, §112(b), (d) (3), struck out "and" at end of subcl. (I), added subcl. (II), redesignated former subcl. (II) as (III), and substituted "determinations have" for "determination has" in subcl. (III).Subsec. (b)(6)(D)(ii). Pub. L. 102-429, §112(d)(4), substituted "clause" for "sentence" before period at end. Subsec. (b)(6)(G). Pub. L. 102-429, §112(d)(5), substituted "or services" for "and services".Subsec. (b)(6)(H). Pub. L. 102-429, §112(c), added subpar. (H).Subsec. (b)(11), (12). Pub. L. 102-429, §111, redesignated par. (12) as (11), substituted "The President" for "Notwithstanding any determination by the President under paragraph (2) or (11), the", and struck out former par. (11) which read as follows: "PROHIBITION RELATING TO ANGOLA.-Notwithstanding any determination by the President under paragraph (2), the Bank may not guarantee, insure, or extend credit (or participate in the extension of credit) in connection with any export of goods or services, except food or agricultural commodities, to the People's Republic of Angola until the President certifies to the Congress that no combatant forces or military advisors of the Republic of Cuba or of any other Marxist-Leninist country (as such term is defined in paragraph (2)(B)) remain in Angola."Subsec. (c)(1). Pub. L. 102-429, §109(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The Bank is authorized and empowered to charge against the limitations imposed by section 635e of this title, not less than 25 per centum of the related contractual liability which the Bank incurs for guarantees, insurance, coinsurance, and reinsurance against political and credit risks of loss. The aggregate amount of guarantees, insurance, coinsurance, and reinsurance which may be charged on this fractional basis pursuant to this section shall not exceed $25,000,000,000 outstanding at any one time. Fees and premiums shall be charged in connection with such contracts commensurate, in the judgment of the Bank, with risks covered."Subsec. (c)(3). Pub. L. 102-429, §105, designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).Subsec. (d)(2) to (5). Pub. L. 102-429, §107, added pars. (2) to (5) and struck out former pars. (2) and (3) which read as follows:"(2) In furtherance of such effort, the Chairman of the Bank shall review Bank policies and programs in regard to this issue, and in coordination with the United States Trade Representative and the appropriate agencies of the Department of State, the Department of the Treasury, and the Department of Commerce, undertake actions designed to promote equal and nondiscriminatory opportunities to bid for insurance in connection with all aspects of international trade activities."(3) The Bank shall report to the Committee or Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate not later than May 15, 1984, regarding- "(A) the existing obstacles to equal and nondiscriminatory bidding for insurance related to transactions assisted by the Bank;"(B) the efforts that the Bank has taken in addressing such problems; and "(C) recommendations for such legislative or administrative actions as the Bank considers necessary."Subsec. (f). Pub. L. 102-429, §121(a)(4), struck out subsec. (f) which related to interest subsidy payments.1991-Subsec. (b)(3). Pub. L. 102-145, §121(2), (3), as added by Pub. L. 102-266 amended par. (3) in introductory provisions by redesignating cl. (iii) as (ii) and striking out "(ii) in an amount which equals or exceeds $25,000,000 for the export of goods or services involving research, exploration, or production of fossil fuel energy resources in the Union of Soviet Socialist Republics,". 1990-Subsec. (b)(6)(B)(vi). Pub. L. 101-513 and Pub. L. 101-623 amended cl. (vi) identically, substituting "1992" for "1990". 1989-Subsec. (a)(1). Pub. L. 101-240, §101(c), substituted "Subject to regulations which the Bank shall issue pursuant to section 553 of title 5, the Bank may" for "The Bank may" in sixth sentence and inserted before period ", and may accept reimbursement for travel and subsistence expenses incurred by a director, officer, or employee of the Bank, in accordance with subchapter I of chapter 57 of title 5" and inserted before period in seventh sentence "and shall be offset against the expenses of the Bank for such activities".Subsec. (b)(6)(G). Pub. L. 101-240, §101(d), substituted "subparagraphs (B), (C), (D), and (F)" for "this paragraph".Subsec. (b)(12). Pub. L. 101-240, §102, added par. (12).Subsec. (f)(2). Pub. L. 101-240, §101(a)(1), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "AUTHORITY TO MAKE PAYMENTS SUBJECT TO MINIMUM AMOUNT OF DIRECT LOAN AUTHORITY.-The authority to enter into commitments to make interest subsidy payments under paragraph (1) shall be effective for any fiscal year only if the aggregate principal amount of direct loans the Bank may obligate in such fiscal year is equal to or greater than $700,000,000."Subsec. (f)(3). Pub. L. 101-240, §101(a)(1), (2), redesignated par. (4) as (3) and amended it generally. Prior to amendment, such par. read as follows: "(A) IN GENERAL.-Subject to subparagraph (B), there are authorized to be appropriated to the Bank, for any fiscal year beginning after fiscal year 1986, such sums as may be necessary to carry out the purposes of this subsection."(B) BUDGET SCORING.-No amount is authorized to be appropriated for commitments to make interest subsidy payments on loans for which the Bank extends a loan guarantee commitment if any amount of such loan guarantee commitment is scored as budget authority in any estimate of budget authority prepared pursuant to any provision of the Congressional Budget and Impoundment Control Act of 1974." Former par. (3) redesignated (2). Subsec. (f)(4), (5). Pub. L. 101-240, §101(a)(1), (3), redesignated par. (5) as (4) and substituted "1991" for "1988". Former par. (4) redesignated (3).1988-Subsec. (b)(6). Pub. L. 100-690 designated existing provision as subpar. (A), substituted "subparagraph" for "paragraph", and added subpars. (B) to (G).Subsec. (e)(1)(A)(i). Pub. L. 100-418, §3304(a), substituted "commodity will first be sold" for "productive capacity is expected to become operative". Subsec. (e)(2). Pub. L. 100-418, §3304(b), substituted "short- and long-term injury" for "injury" and "producers and employment" for "producers".Subsec. (e)(3). Pub. L. 100-418, §3304(c), added par. (3).1986-Subsec. (a)(1). Pub. L. 99-472, §2, inserted provisions which related to imposition and collection of reasonable fees by Bank to cover costs of conferences and seminars sponsored, and publications provided, by Bank, and credit of amounts thus received to fund which initially paid for such activities.Subsec. (a)(3). Pub. L. 99-472, §4, added par. (3).Subsec. (b)(1)(B). Pub. L. 99-472, §§3, 5, substituted "need not be identical in all respects to those" for "need not be equivalent to those" and inserted provisions which prohibited Bank from imposing credit application fee unless Bank's fee is competitive with average fee charged by Bank's primary foreign competitors, and option of paying fee at outset of, or over life of, loan is given to borrower or exporter, and present value of fee determined under either option is same amount. Subsec. (b)(1)(E)(ix). Pub. L. 99-472, §6, added cl. (ix). Subsec. (b)(1)(G). Pub. L. 99-472, §7, added subpar. (G). Subsec. (b)(2). Pub. L. 99-472, §8, amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The Bank in the exercise of its functions shall not guarantee, insure, or extend credit, or participate in any extension of credit-"(A) in connection with the purchase or lease of any product by a Communist country (as defined in section 2370(f) of title 22), or agency, or national thereof, or"(B) in connection with the purchase or lease of any product by any other foreign country, or agency or national thereof, if the product to be purchased or leased by such other country, agency, or national is, to the knowledge of the Bank, principally for use in, or sale or lease to, a Communist country (as so defined),unless the President determines that guarantees, insurance, or extensions of credit in connection therewith to such Communist or such other country or agency or national thereof would be in the national interest. The President shall make a separate determination with respect to each transaction in which the bank would extend a loan to such Communist or other country, or agency, or national thereof an amount of $50,000,000 or more. Any determination required under the first sentence of this paragraph shall be reported to the Congress not later than the earlier of thirty days following the date of such determination, or the date on which the Bank takes final action on a transaction which is the first transaction involving such country or agency or national after January 4, 1975, unless a determination with respect to such country or agency or national has been made and reported prior to January 4, 1975. Any determination required to be made under the second sentence of this paragraph shall be reported to the Congress not later than the earlier of thirty days following the date of such determination or the date on which the Bank takes final action on the transaction involved." Subsec. (b)(6). Pub. L. 99-514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text. Subsec. (b)(9). Pub. L. 99-440 designated existing provisions of par. (9) as subpar. (A), substituted "Except as provided in subparagraph (B), in no event" for "In no event", and added subpar. (B).Subsec. (b)(11). Pub. L. 99-472, §9, added par. (11).Subsec. (c)(3). Pub. L. 99-472, §10, added par. (3).Subsecs. (e), (f). Pub. L. 99-472, §§11, 20, added subsecs. (e) and (f). 1983-Subsec. (a)(1). Pub. L. 98-181, §616(a)(1), substituted "the exchange of commodities and services" for "the exchange of commodities".Subsec. (a)(2). Pub. L. 98-181, §622, added par. (2).Subsec. (b)(1)(A). Pub. L. 98-181, §§612(a), 616, in second sentence inserted "in all its programs" after "To meet this objective", inserted "fully" after "other conditions which are", and substituted "exports of goods and services" for "exports". Subsec. (b)(1)(B). Pub. L. 98-181, §§612(b), (c), 618, substituted provisions that loans under this section shall bear interest at rates consistent with the Bank's mandate to support exports at rates and on terms and conditions which are fully competitive with exports of other countries, and consistent with international agreements, and that such rates, terms and conditions need not be equivalent to those offered by foreign countries, but should be established so as to neutralize the effect of such foreign credit on international sales competition, and that the Board shall consider its average cost of money in determination of interest rates, where such consideration does not impair the Bank's function of expanding exports through fully competitive financing for provisions that loans made by the Bank had to be at interest at rates determined by the Board of Directors of the Bank, taking into consideration the average cost of money to the Bank as well as the Bank's mandate to support United States exports at rates and on terms and conditions which were competitive with exports of other countries; inserted "export trading companies," after "independent export firms,"; and struck out provision which required the Bank to give due recognition to the policy stated in section 631(a) of Title 15 that the government should aid, counsel, assist, and protect the interests of small business in order to preserve free competitive enterprise, and that in furtherance of this policy the Board of Directors had to designate an officer of the Bank to handle small business concerns, including advising small businessmen and maintaining liaison with the Small Business Administration and other departments and agencies in matters affecting small business concerns.Subsec. (b)(1)(D). Pub. L. 98-181, §616(a)(3), added subpar. (D).Subsec. (b)(1)(E). Pub. L. 98-181, §618(a)(2), added subpar. (E).Subsec. (b)(1)(F). Pub. L. 98-181, §618(c), added subpar. (F). Subsec. (b)(3). Pub. L. 98-181, §619(b), substituted "no loan or financial guarantee or general guarantee or insurance facility" for "no loan or financial guarantee" in provisions preceding subpar. (A). Subsec. (b)(3)(A). Pub. L. 98-181, §619(c), inserted language limiting existing provisions to loans or financial guarantees, designated existing provisions as cls. (i), (ii), and (iii), and added cl. (iv). Subsec. (b)(4). Pub. L. 98-181, §620(a), substituted "the Secretary" for "he" before "determines that any country" in first sentence, and before "has determined to have so acted" in second sentence.Subsec. (b)(7) to (10). Pub. L. 98-181, §619(d), redesignated second par. (7) and par. (8), as added by Pub. L. 95-630 as pars. (8) and (9), respectively, and added par. (10).Subsec. (d). Pub. L. 98-181, §617, added subsec. (d).1980-Subsec. (b)(1)(A). Pub. L. 96-470 substituted "annual" for "semiannual" in three places. 1978-Subsec. (b)(1)(A). Pub. L. 95-630, §1910, substituted "manufactured goods, agricultural products, and other goods and services" for "goods and related services".Subsec. (b)(1)(B). Pub. L. 95-630, §§1904, 1916, inserted "that the Bank should give emphasis to assisting new and small business entrants in the agricultural export market, and shall, in cooperation with other relevant Government agencies, including the Commodity Credit Corporation, develop a program of education to increase awareness of export opportunities among small agribusinesses and cooperatives;" after "in matters affecting small business concerns;" and substituted "and shall give particular emphasis to the objective of strengthening the competitive position of the United States exporters and thereby of expanding total United States exports. Only in cases where the President determines that such action would be in the national interest where such action would clearly and importantly advance United States policy in such areas as international terrorism, nuclear proliferation, environmental protection and human rights, should the Export-Import Bank deny applications for credit for nonfinancial or noncommercial considerations" for "and shall also take into account, in consultation with the Secretary of State, the observance of and respect for human rights in the country to receive the exports supported by a loan or financial guarantee and the effect such exports may have on human rights in such country".Subsec. (b)(1)(C). Pub. L. 95-630, §1907(a), added subpar. (C).Subsec. (b)(3). Pub. L. 95-630, §1902, substituted "Except as provided by the fourth sentence of this paragraph, no loan" for "No loan" and "$100,000,000" for "$60,000,000" and inserted provisions following subpar. (B).Subsec. (b)(7) to (9). Pub. L. 95-630, §§1909, 1915, added a second par. (7) and par. (8), which were editorially designated pars. (8) and (9). See 1983 Amendment note above.Subsec. (c)(1). Pub. L. 95-630, §1903, substituted "$25,000,000,000" for "$20,000,000,000". 1977-Subsec. (b)(1)(A). Pub. L. 95-143, §1, inserted "and shall, in cooperation with other appropriate United States Government agencies, seek to reach international agreements to reduce government subsidized export financing" after "government-supported export financing". Subsec. (b)(1)(B). Pub. L. 95-143, §2, inserted ", and shall also take into account, in consultation with the Secretary of State, the observance of and respect for human rights in the country to receive the exports supported by a loan or financial guarantee and the effect such exports may have on human rights in such country" after "employment in the United States". Subsec. (b)(3). Pub. L. 95-143, §3(a), inserted "(i)" after "No loan or financial guarantee or combination thereof" and ", or (iii) for the export of technology, fuel, equipment, materials, or goods or services to be used in the construction, alteration, operation, or maintenance of nuclear power, enrichment, reprocessing, research, or heavy water production facilities," after "Union of Soviet Socialist Republics" and substituted ", (ii) in an amount" for "shall be finally approved by the Board of Directors of the Bank, and no loan or financial guarantee or combination thereof". Subsec. (b)(4) to (7). Pub. L. 95-143, §3(b), (c), added par. (4), redesignated former par. (4) as (5) and, as so redesignated, added cl. (C), and redesignated former pars. (5) and (6) as (6) and (7), respectively. 1975-Subsec. (a)(1). Pub. L. 93-646, §2, inserted provisions authorizing the Bank to guarantee, insure, coinsure, and reinsure against political and credit risks of loss, to represent itself or to contract for representation in all legal and arbitral proceedings outside the United States, and to publish any documents, reports, etc., without regard to section 501 of title 44, whenever compliance with such section would not be practicable.Subsec. (a)(2). Pub. L. 93-646, §13, eff. at the close of Sept. 30, 1976, repealed par. (2), which related to inclusion of receipts and disbursements of the bank in the federal budget and exemption of such receipts and disbursements from budget limitations, to the transmittal to Congress of a budget for program activities and for administrative expenses of the bank, and to the annual report of the net lending of the bank. Subsec. (b)(1). Pub. L. 93-646, §3, designated existing provisions as subpars. (A) and (B), and as so designated, substituted provisions requiring a comparison of the rates and terms of the Bank with other countries for provisions requiring a report to include ways in which the Bank's terms are equal to or superior to those of other countries, and inserted provisions requiring the appointment of a Bank officer to be responsible for all matters affecting small business, and to act as liaison with the Small Business Administration and other agencies in matters affecting small business concerns, in order to carry out the policy of the Small Business Act. Subsec. (b)(2). Pub. L. 93-646, §4, inserted provision requiring a separate Presidential determination of national interest with respect to each transaction over $50,000,000, and substituted provision requiring a report to Congress either within 30 days of the President's finding or on the day the Bank takes final action on the proposed credit, whichever is earlier, for provision requiring a report of his finding to Congress within thirty days after making such finding.Subsec. (b)(3) to (6). Pub. L. 93-646, §5, added par. (3) and redesignated former pars. (3), (4), and (5) as (4), (5) and (6), respectively.Subsec. (c)(1). Pub. L. 93-646, §6, removed the $10 billion limit on the Bank's insurance authority, and increased the Bank's authority to charge such guarantees and insurance on a fractional charge basis from $10 billion to $20 billion. 1971-Subsec. (a). Pub. L. 92-126, §1(b)(1), designated existing provisions as par. (1) and added par. (2).Subsec. (b)(1). Pub. L. 92-126, §1(b)(6), inserted provisions declaring the policy of the United States to be to foster expansion of goods and related services, contributing to the proposition and maintenance of high levels of employment and real income and to the increased development of the productive resources of the United States and laid down directives to achieve this objective. Subsec. (b)(3). Pub. L. 92-126, §1(b)(5), substituted provisions prohibiting the Bank from extending assistance in export sales to any nation which engages in armed conflict with the United States or to any other nation when the export is to be used principally by or in any nation which engages in armed conflict with the United States and further prohibiting such assistance to any export sales which the President determines would be contrary to the national interest for provisions placing limitations on the Bank's activity in connection with any nation which supplies goods or assistance to a country with whom the United States is engaged in armed conflict.Subsec. (c)(1). Pub. L. 92-126, §1(b)(2), increased the amount of insurance outstanding at any one time from "$3,500,000,000" to "$10,000,000,000". 1968-Subsec. (a). Pub. L. 90-267, §1(a), changed name of "Export-Import Bank of Washington" to "Export-Import Bank of the United States".Subsec. (b)(1). Pub. L. 90-267, §1(b), designated existing provisions as par. (1) and required the Board of Directors when authorizing loans to take into account the possible adverse effects upon the economy of the United States.Subsec. (b)(2) to (5). Pub. L. 90-267, §1(c), added pars. (2) to (5).Subsec. (c)(1). Pub. L. 90-267, §1(a), (c), increased amount of insurance outstanding at any one time from $2,000,000,000 to $3,500,000,000 and changed name of "Export-Import Bank of Washington" to "Export-Import Bank of the United States". 1963-Subsec. (c)(1). Pub. L. 88-101 substituted "$2,000,000,000" for "$1,000,000,000". 1961-Subsec. (c). Pub. L. 87-311 amended subsection generally, and among other changes, authorized the Bank to guarantee, insure, coinsure, and reinsure United States exporters and foreign exporters doing business in the United States, increased the maximum amount of insurance, etc., outstanding at any one time to $1,000,000,000, limited the types of risks the Bank would insure, etc., to political and credit risks, required reserves to be maintained at not less than 25 per centum of the related contractual liability of the Bank, provided that for contracts of insurance, etc., only the Bank's liabilities represented by the aforementioned reserves shall be considered for purposes of applying the limitations of section 635e of this title, required the charging of fees and premiums, and authorized issuance of insurance, etc., to exporters, insurance companies, financial institutions, or others, and where appropriate, to employ any of the same as agent, and struck out provisions authorizing insurance for the benefit of United States citizens against loss of tangible personal property of United States origin, exported from the United States, and located in a friendly country, from hostile or warlike actions including internal strife, or from governmental confiscation or expropriation, to the extent owned by the assured or constituting security for obligations owed the assured, limiting the issuance of insurance to the extent that it could not be obtained from private companies authorized to do business in the United States, or from United States Government agencies providing marine or air war-risk insurance, permitting reinsurance of companies authorized to do an insurance business in the United States, or to use such company or companies as agent, and limiting the term of coverage of any insurance issued to one year, subject to renewals or extensions, from time to time, of one year periods.1953-Subsec. (c). Act May 21, 1953, added subsec. (c).1947-Subsec. (a). Act June 9, 1947, provided for the reincorporation of the Bank as a corporate agency of the United States and specifically provided for the following powers which the bank formerly possessed by implication: (1) to acquire stock through the enforcement of any lien or pledge or to satisfy an indebtedness; (2) to sue and be sued, to complain and defend in any court of competent jurisdiction; (3) to use the United States mails as any other executive department; and (4) after provision for possible losses to use the net earnings as dividends on capital stock and to deposit said dividends as miscellaneous receipts in the Treasury. 1945-Subsec. (a). Act Dec. 28, 1945, inserted "(or the Philippine Islands)" after "any foreign country".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116-94, div. I, title IV, §404(b), Dec. 20, 2019, 133 Stat. 3023, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on January 1, 2021."
EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114-94, div. E, title LII, §52001(b), Dec. 4, 2015, 129 Stat. 1767, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal year 2016 and each fiscal year thereafter." Pub. L. 114-94, div. E, title LIV, §54001(d), Dec. 4, 2015, 129 Stat. 1768, provided that: "The amendments made by this section [amending this section and section 635f of this title and provisions set out as a note under this section] shall take effect on the earlier of the date of the enactment of this Act [Dec. 4, 2015] or June 30, 2015." Pub. L. 114-94, div. E, title LIV, §54002(e), Dec. 4, 2015, 129 Stat. 1769, provided that: "The amendments made by this section [amending this section and sections 635a and 635i-5 of this title] shall apply with respect to fiscal year 2016 and each fiscal year thereafter."
EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112-122, §25, May 30, 2012, 126 Stat. 364, provided that: "Except as provided in section 9(b) [enacting provisions set out as a note under section 635a of this title], this Act [see Short Title of 2012 Amendment note set out below] and the amendments made by this Act shall take effect on the earlier of June 1, 2012, or the date of the enactment of this Act [May 30, 2012]."
EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENTS Pub. L. 103-428, §1(c), Oct. 31, 1994, 108 Stat. 4376, as amended by Pub. L. 105-121, §4, Nov. 26, 1997, 111 Stat. 2529; Pub. L. 109-438, §4, Dec. 20, 2006, 120 Stat. 3269; Pub. L. 112-122, §24, May 30, 2012, 126 Stat. 364; Pub. L. 112-136, §1, June 21, 2012, 126 Stat. 385; Pub. L. 114-94, div. E, title LIV, §54001(b), Dec. 4, 2015, 129 Stat. 1768, provided that: "The amendments made by this section [amending this section] shall remain in effect during the period beginning on the date of enactment of this Act [Oct. 31, 1994] and ending on the date on which the authority of the Export-Import Bank of the United States expires under section 7 of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635f )."[ Pub. L. 113-235, 128 Stat. 2598, provided in part: "That notwithstanding section 1(c) of Public Law 103-428 [set out above], as amended, sections 1(a) and (b) of Public Law 103-428 [amending this section] shall remain in effect through October 1, 2015."][Prior similar extensions of section 1(a) and (b) of Pub. L. 103-428 were contained in the following acts:[ Pub. L. 113-76, 128 Stat. 489.[ Pub. L. 112-74, 125 Stat. 1191.[ Pub. L. 111-117, 123 Stat. 3341.[ Pub. L. 111-8, 123 Stat. 858.[ Pub. L. 110-161, 121 Stat. 2289.[ Pub. L. 109-102, 119 Stat. 2172.[ Pub. L. 108-447, 118 Stat. 2968.[ Pub. L. 108-199, 118 Stat. 143. [ Pub. L. 108-7, 117 Stat. 159.[ Pub. L. 107-229, §129, as added by Pub. L. 107-240, §5, Oct. 11, 2002, 116 Stat. 1494.][For provisions continuing functions of Export-Import Bank of the United States through June 14, 2002, notwithstanding section 1(c) of Pub. L. 103-428 set out above, see Continuation of Bank Functions note set out under section 635f of this title.]Amendment by Pub. L. 103-236 effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103-236 set out as an Effective Date note under section 6301 of Title 22, Foreign Relations and Intercourse.
EFFECTIVE DATE OF 1978 AMENDMENTPub. L. 95-630, title XIX, §1917, Nov. 10, 1978, 92 Stat. 3727, provided that: "This title [enacting sections 635a-1 to 635a-3 of this title and section 2153e-1 of Title 42, The Public Health and Welfare, and amending this section and sections 635e to 635g of this title] shall take effect upon enactment [Nov. 10, 1978]."
SHORT TITLE OF 2015 AMENDMENT Pub. L. 114-94, div. E, §500010001,, 129 Stat. 1763, provided that: "This division [enacting section 635a-7 of this title, amending this section and sections 635a, 635a-5, 635a-6, 635e to 635g, and 635i-5 of this title, enacting provisions set out as notes under this section and sections 635a, 635a-5, 635e, and 635g of this title, and amending provisions set out as a note under this section] may be cited as the 'Export-Import Bank Reform and Reauthorization Act of 2015'."
SHORT TITLE OF 2012 AMENDMENT Pub. L. 112-122, §1(a), May 30, 2012, 126 Stat. 350, provided that: "This Act [enacting sections 635a-5 and 635a-6 of this title, amending this section and sections 635a and 635e to 635g of this title, enacting provisions set out as notes under this section and sections 635a and 635a-2 of this title, and amending provisions set out as a note under this section] may be cited as the 'Export-Import Bank Reauthorization Act of 2012'."
SHORT TITLE OF 2006 AMENDMENT Pub. L. 109-438, §1(a), Dec. 20, 2006, 120 Stat. 3268, provided that: "This Act [enacting section 635g-1 of this title, amending this section and sections 635a, 635e, 635f, 635g, 635i-3, and 635i-5 of this title, enacting provisions set out as notes under this section, and amending provisions set out as a note under this section] may be cited as the 'Export-Import Bank Reauthorization Act of 2006'."
SHORT TITLE OF 2002 AMENDMENT Pub. L. 107-189, §1(a), June 14, 2002, 116 Stat. 698, provided that: "This Act [enacting section 635i-9 of this title, amending this section, sections 635a, 635e to 635g, 635i-3, 635i-6, and 635i-8 of this title, section 5315 of Title 5, Government Organization and Employees, sections 9 and 11 of the Inspector General Act of 1978, Pub. L. 95-452, set out in the Appendix to Title 5, and section 1105 of Title 31, Money and Finance, enacting provisions set out as notes under this section, sections 635a, 635g, and 635i-9 of this title, and section 5315 of Title 5, and amending provisions set out as a note under this section] may be cited as the 'Export-Import Bank Reauthorization Act of 2002'."
SHORT TITLE OF 1997 AMENDMENT Pub. L. 105-121, §1(a), Nov. 26, 1997, 111 Stat. 2528, provided that: "This Act [amending this section and sections 635a, 635f, and 635i-3 of this title, enacting provisions set out as notes under this section and section 635f of this title, and amending provisions set out as a note under this section] may be cited as the 'Export-Import Bank Reauthorization Act of 1997'."
SHORT TITLE OF 1992 AMENDMENT Pub. L. 102-429, §1(a), Oct. 21, 1992, 106 Stat. 2186, provided that: "This Act [enacting sections 635i-5 to 635i-7 of this title, section 831 of Title 2, The Congress, and sections 4727 to 4729 of Title 15, Commerce and Trade, amending this section and sections 635a, 635b, 635e, 635f, and 635i-3 of this title, and sections 4052 and 4721 of Title 15, repealing sections 635c, 635i to 635i-2, and 635i-4 of this title, section 713b of Title 15, and section 2772 of Title 22, Foreign Relations and Intercourse, and enacting provisions set out as notes under this section, section 635a of this title, and section 4728 of Title 15] may be cited as the 'Export Enhancement Act of 1992'."
SHORT TITLE OF 1988 AMENDMENTPub. L. 100-418, title III, §3301, Aug. 23, 1988, 102 Stat. 1383, provided that: "This subtitle [subtitle D (§§3301-3304) of title III of Pub. L. 100-418 amending this section and section 635i-3 of this title and enacting provisions set out as a note under section 635i-3 of this title] may be cited as the 'Export-Import Bank and Tied Aid Credit Amendments of 1988'."
SHORT TITLE OF 1986 AMENDMENTPub. L. 99-472, §1, Oct. 15, 1986, 100 Stat. 1200, provided that: "This Act [enacting section 635i-3 of this title and section 262h of Title 22, Foreign Relations and Intercourse, amending this section and sections 635a, 635a-2, 635a-3, and 635e to 635g of this title, and enacting provisions set out as a note under section 635g of this title] may be cited as the 'Export-Import Bank Act Amendments of 1986'."
SHORT TITLE OF 1983 AMENDMENT Pub. L. 98-181 title I [title VI, §601], Nov. 30, 1983, 97 Stat. 1254, provided that: "This title [enacting sections 635i-1, 635i-2, and 635o-635t of this title and section 1671g of Title 19, Customs Duties, amending this section, sections 635a, 635a-2, 635a-3, 635a-4, 635b, 635e, 635f, and 635g of this title, and sections 1671a and 1671b of Title 19, and enacting provisions set out as notes under sections 635a and 635o of this title] may be cited as the 'Export-Import Bank Act Amendments of 1983'."For short title of title I [part C (§§641-647) of title VI] of Pub. L. 98-181 which enacted subchapter III (§635o et seq.) of this chapter and section 1671g of Title 19 and amended sections 1671a and 1671b of Title 19, as the "Trade and Development Enhancement Act of 1983", see Short Title note set out under section 635o of this title.
SHORT TITLE OF 1981 AMENDMENTPub. L. 97-35, title III, §380, Aug. 13, 1981, 95 Stat. 431, provided that: "This subtitle [subtitle B (§§380-385) of title III of Pub. L. 97-35 amending sections 461 and 635e of this title, and section 369 of former Title 31, Money and Finance, enacting provisions set out as a note under section 369 of former Title 31, and amending provisions set out as notes under sections 1735f-7 and 1904 of this title] may be cited as the 'Banking and Related Programs Authorization Adjustment Act'."
SHORT TITLE OF 1978 AMENDMENTPub. L. 95-630, title XIX, §1901, Nov. 10, 1978, 92 Stat. 3724, provided: "That this title [enacting sections 635a-1 to 635a-3 of this title and section 2153e-1 of Title 42, The Public Health and Welfare, amending this section and sections 635e to 635g of this title, and enacting provisions set out as a note under this section] may be cited as the 'Export-Import Bank Act Amendments of 1978'."
SHORT TITLE OF 1975 AMENDMENTPub. L. 93-646, §1, Jan. 4, 1975, 88 Stat. 2333, provided that: "This Act [amending this section and sections 82 and 635d to 635g of this title and enacting provisions set out as notes under this section] may be cited as the 'Export-Import Bank Amendments of 1974'."
SHORT TITLE OF 1971 AMENDMENTPub. L. 92-126, §1(a), Aug. 17, 1971, 85 Stat. 345, provided that: "This Act [amending this section and sections 635e and 635f of this title and enacting provisions set out as notes under section 95a of this title] may be cited as the 'Export Expansion Finance Act of 1971'."
SHORT TITLEAct July 31, 1945, ch. 341, §1, 59 Stat. 526, provided: "That this Act [this subchapter] may be cited as the 'Export-Import Bank Act of 1945'."
RULE OF CONSTRUCTION Pub. L. 116-94, div. I, title IV, §402(c), Dec. 20, 2019, 133 Stat. 3023, provided that: "Nothing in section 2(l)(1)(B) of the Export-Import Bank Act of 1945 [ 12 U.S.C. 635(l)(1)(B) ] shall be construed to weaken any export controls affecting critical technologies (as defined in section 721(a)(6)(A) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(6)(A) ))."
AUTHORITY OF SECRETARY OF STATEExcept as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of Title 22, Foreign Relations and Intercourse, and section 161(d) of Pub. L. 103-236 set out as a note under section 2651a of Title 22.
BOARD OF DIRECTORSA Board of Directors was reestablished for the Export-Import Bank of Washington by section 1 of act Aug. 9, 1954, ch. 660, 68 Stat. 677, amending section 635a of this title. The Board had previously been abolished and its functions transferred to the Managing Director of the Bank by Reorg. Plan No. 5 of 1953, eff. June 30, 1953, 18 F.R. 3741, 67 Stat. 637, set out as a note under section 635a of this title. The 1953 Reorg. Plan was superseded by sections 1, 4 of act Aug. 9, 1954. See section 635a of this title and 1954 Amendment and Effective Date of 1954 Amendment notes thereunder.
HISTORY OF BANKThe Export-Import Bank of Washington was organized as a District of Columbia banking corporation under Ex. Ord. No. 6581, Feb. 2, 1934. It was continued as an agency of the United States by act Jan. 31, 1935, ch. 2, §9, 49 Stat. 4, formerly set out as section 713b of Title 15, Commerce and Trade, as amended by acts Jan. 26, 1937, ch. 6, §2(a), 50 Stat. 5; Mar. 4, 1939, ch. 5, §1(b)(c), 53 Stat. 510; Mar. 2, 1940, ch. 34, 54 Stat. 38; Sept. 26, 1940, ch. 734, §3, 54 Stat. 962, and repealed by section 10 of act July 31, 1945. The Second Export-Import Bank of Washington, D.C., was established under Ex. Ord. No. 6638, Mar. 9, 1934. Its commitments were transferred to the Export-Import Bank of Washington and it was abolished by Ex. Ord. No. 7365, May 7, 1936, 1 F.R. 372. The "Export-Import Bank of Washington" was renamed the "Export-Import Bank of the United States". See the 1968 Amendment note under this section.
WAIVER OF SANCTIONSSanctions contained in subsec. (b)(4) waived in certain regards with respect to India and Pakistan by the following Determinations of the President, set out as notes under section 2799aa-1 of Title 22, Foreign Relations and Intercourse:Determination of President of the United States, No. 2000-4, Oct. 27, 1999, 64 F.R. 60649.Determination of President of the United States, No. 2000-18, Mar. 16, 2000, 65 F.R. 16297.
REPORTING ON FINANCING RELATED TO CHINA Pub. L. 116-94, div. I, title IV, §408, Dec. 20, 2019, 133 Stat. 3024, provided that:"(a) NATIONAL INTEREST REPORT.-Before authorizing a loan or guarantee for a transaction in an amount greater than $25,000,000 for which the end user, lender, or obligor is the government of China, the President of the Export-Import Bank of the United States (in this section referred to as the 'Bank') shall-"(1) report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that the Bank has consulted with the Secretary of State and any other relevant department or agency, as deemed appropriate by the President of the United States, to assess any risks posed by the entity or the transaction to the national interest of the United States; and"(2) include a summary of the transaction and the consultation."(b) FORM OF REPORT.-The report described in subsection (a) shall be submitted in unclassified form but may include a classified annex."(c) RELATED POLICIES.-"(1) The Board of Directors of the Bank shall prescribe policies for the Bank with respect to-"(A) procedures required by the consultation described in subsection (a)(1);"(B) establishment of a period of not less than 25 days to complete the consultations described in subsection (a) during which time consulted parties may submit any appropriate information to the Bank; and"(C) efforts by the Bank to assess and determine ownership or control by the government of China pursuant to the requirements of subsection (a)."(2) In prescribing the policies described under paragraph (1) of this subsection, the Board of Directors of the Bank shall-"(A) consult with the Secretary of State with respect to the procedures referred to in subparagraphs (A) and (B) of paragraph (1) of this subsection, and seek to ensure that the procedures-"(i) are consistent, wherever appropriate, with national interest determinations made under section 2(b)(1)(B) of the Export-Import Bank Act of 1945 [ 12 U.S.C. 635(b)(1)(B) ]; and"(ii) include coordination between the Secretary of State and the Director of National Intelligence, wherever appropriate; and"(B) consult with the Secretary of the Treasury with respect to the efforts described in paragraph (1)(C) of this subsection."(d) DEFINITION.-For the purposes of this section, the term 'government of China' means any person that the Bank has reason to believe is-"(1) the state and the government of China, as well as any political subdivision, agency, or instrumentality thereof;"(2) any entity controlled, directly or indirectly, by any of the foregoing, including any partnership, association, or other entity in which any of the foregoing owns a 50 percent or greater interest or a controlling interest, and any entity which is otherwise controlled by any of the foregoing;"(3) any person that is or has been acting or purporting to act, directly or indirectly, for or on behalf of any of the foregoing; and"(4) any other person which the Secretary of the Treasury has notified the Bank is included in any of the foregoing."(e) SUNSET.-This section shall have no force or effect on the earlier of-"(1) December 31, 2026; or"(2) the date that is 30 days after the date that the President of the United States reports to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that China is in substantial compliance with-"(A) the financial terms and conditions of the Arrangement on Officially Supported Export Credits of the Organization for Economic Cooperation and Development; and"(B) the rules and principles of the Paris Club."
PILOT PROGRAM FOR REINSURANCE Pub. L. 114-94, div. E, title LI, §510081008,, 129 Stat. 1766, provided that:"(a) IN GENERAL.-Notwithstanding any provision of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635 et seq.), the Export-Import Bank of the United States (in this section referred to as the 'Bank') may establish a pilot program under which the Bank may enter into contracts and other arrangements to share risks associated with the provision of guarantees, insurance, or credit, or the participation in the extension of credit, by the Bank under that Act."(b) LIMITATIONS ON AMOUNT OF RISK-SHARING.-"(1) PER CONTRACT OR OTHER ARRANGEMENT.-The aggregate amount of liability the Bank may transfer through risk-sharing pursuant to a contract or other arrangement entered into under subsection (a) may not exceed $1,000,000,000."(2) PER YEAR.-The aggregate amount of liability the Bank may transfer through risk-sharing during a fiscal year pursuant to contracts or other arrangements entered into under subsection (a) during that fiscal year may not exceed $10,000,000,000. "(c) ANNUAL REPORTS.-Not later than 1 year after the date of the enactment of this Act [Dec. 4, 2015], and annually thereafter through 2019, the Bank shall submit to Congress a written report that contains a detailed analysis of the use of the pilot program carried out under subsection (a) during the year preceding the submission of the report."(d) RULE OF CONSTRUCTION.-Nothing in this section shall be construed to affect, impede, or revoke any authority of the Bank."(e) TERMINATION.-The pilot program carried out under subsection (a) shall terminate on September 30, 2019."
PUBLICATION OF GUIDELINES FOR ECONOMIC IMPACT ANALYSES Pub. L. 112-122, §12(a), May 30, 2012, 126 Stat. 357, provided that: "Not later than 180 days after the date of the enactment of this Act [May 30, 2012], the Export-Import Bank of the United States shall develop and make publicly available methodological guidelines to be used by the Bank in conducting economic impact analyses or similar studies under section 2(e) of the Export-Import Bank Act of 1945 [ 12 U.S.C. 635(e) ]. In developing the guidelines, the Bank shall take into consideration any relevant guidance from the Office of Management and Budget."
PROHIBITIONS ON FINANCING FOR CERTAIN PERSONS INVOLVED IN SANCTIONABLE ACTIVITIES WITH RESPECT TO IRAN Pub. L. 112-122, §18, May 30, 2012, 126 Stat. 360, provided that: "(a) PROHIBITION ON FINANCING FOR PERSONS THAT ENGAGE IN CERTAIN SANCTIONABLE ACTIVITIES.-"(1) IN GENERAL.-Beginning on the date that is 180 days after the date of the enactment of this Act [May 30, 2012], the Board of Directors of the Export-Import Bank of the United States may not approve any transaction that is subject to approval by the Board with respect to the provision by the Bank of any guarantee, insurance, or extension of credit, or the participation by the Bank in any extension of credit, to a person in connection with the exportation of any good or service unless the person makes the certification described in paragraph (2). "(2) CERTIFICATION DESCRIBED.-The certification described in this paragraph is a certification by a person-"(A) that neither the person nor any other person owned or controlled by the person- "(i) engages in any activity described in section 5(a) of the Iran Sanctions Act of 1996 ( Public Law 104-172; 50 U.S.C. 1701 note) for which the person may be subject to sanctions under that Act;"(ii) exports sensitive technology, as defined in section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8515 ), to Iran; or"(iii) engages in any activity prohibited by part 560 of title 31, Code of Federal Regulations (commonly known as the 'Iranian Transactions Regulations'), unless the activity is disclosed to the Office of Foreign Assets Control of the Department of the Treasury when the activity is discovered; or"(B) if the person or any other person owned or controlled by the person has engaged in an activity described in subparagraph (A), that-"(i) in the case of an activity described in subparagraph (A)(i)- "(I) the President has waived the imposition of sanctions with respect to the person that engaged in that activity pursuant to section 4(c), 6(b)(5), or 9(c) of the Iran Sanctions Act of 1996 ( Public Law 104-172; 50 U.S.C. 1701 note); "(II)(aa) the President has invoked the special rule described in section 4(e)(3) of that Act with respect to the person that engaged in that activity; or "(bb)(AA) the person that engaged in that activity determines, based on its best knowledge and belief, that the person meets the criteria described in subparagraph (A) of such section 4(e)(3) and has provided to the President the assurances described in subparagraph (B) of that section; and "(BB) the Secretary of State has issued an advisory opinion to that person that the person meets such criteria and has provided to the President those assurances; or "(III) the President has determined that the criteria have been met for the exception provided for under section 5(a)(3)(C) of the Iran Sanctions Act of 1996 [ Pub. L. 104-172 50 U.S.C. 1701 note] to apply with respect to the person that engaged in that activity; or"(ii) in the case of an activity described in subparagraph (A)(ii), the President has waived, pursuant to section 401(b)(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8551(b)(1) ), the application of the prohibition under section 106(a) of that Act ( 22 U.S.C. 8515(a) ) with respect to that person."(b) PROHIBITION ON FINANCING.-Beginning on the date that is 180 days after the date of the enactment of this Act, the Board of Directors of the Export-Import Bank of the United States may not approve any transaction that is subject to approval by the Board with respect to the provision by the Bank of any guarantee, insurance, or extension of credit, or the participation by the Bank in any extension of credit, in connection with a financing in which a person that is a borrower or controlling sponsor, or a person that is owned or controlled by such borrower or controlling sponsor, is subject to sanctions under section 5(a) of the Iran Sanctions Act of 1996 ( Public Law 104-172; 50 U.S.C. 1701 note)."(c) ADVISORY OPINIONS.-"(1) AUTHORITY.-The Secretary of State is authorized to issue advisory opinions described in subsection (a)(2)(B)(i)(II)."(2) NOTICE TO CONGRESS.-If the Secretary issues an advisory opinion pursuant to paragraph (1), the Secretary shall notify the appropriate congressional committees of the opinion not later than 30 days after issuing the opinion. "(d) DEFINITIONS.-In this section:"(1) APPROPRIATE CONGRESSIONAL COMMITTEES; PERSON.-The terms 'appropriate congressional committees' and 'person' have the meanings given those terms in section 14 of the Iran Sanctions Act of 1996 ( Public Law 104-172; 50 U.S.C. 1701 note)."(2) CONTROLLING SPONSOR.-The term 'controlling sponsor' means a person providing controlling direct private equity investment (excluding investments made through publicly held investment funds, publicly held securities, public offerings, or similar public market vehicles) in connection with a financing."
MASTER GUARANTEE AGREEMENTS WITH AFRICAN REGIONAL FINANCIAL INSTITUTIONS Pub. L. 109-438, §3(b)(1), Dec. 20, 2006, 120 Stat. 3268, provided that: "Within 1 year after the date of the enactment of this Act [Dec. 20, 2006], the Export-Import Bank of the United States shall seek to ensure that there is in effect a contract between each approved lender in Africa and the Bank, which sets forth the Bank's guarantee undertakings and related obligations between the Bank and each lender."
ENHANCE DELEGATED LOAN AUTHORITY FOR MEDIUM TERM TRANSACTIONS Pub. L. 109-438, §6(b)(1), Dec. 20, 2006, 120 Stat. 3272, provided that: "The Export-Import Bank of the United States shall seek to expand the exercise of authority under section 2(b)(1)(E)(vii) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(b)(1)(E)(vii) ) with respect to medium term transactions for small business concerns."
DEADLINE FOR ENHANCING DELEGATED LOAN AUTHORITY FOR MEDIUM TERM TRANSACTIONS Pub. L. 109-438, §6(b)(3), Dec. 20, 2006, 120 Stat. 3272, provided that: "Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2006], the Export-Import Bank of the United States shall make available lines of credit and guarantees to carry out section 2(b)(1)(E)(vii) of the Export-Import Bank Act of 1945 [ 12 U.S.C. 635(b)(1)(E)(vii) ] pursuant to policies and procedures established by the Board of Directors of the Export-Import Bank of the United States."
GAO STUDY OF BANK PERFORMANCE STANDARDS FOR ASSISTANCE TO SMALL BUSINESSES, ESPECIALLY THOSE OWNED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS AND THOSE OWNED BY WOMEN Pub. L. 109-438, §19, Dec. 20, 2006, 120 Stat. 3282, provided that:"(a) PERFORMANCE STANDARDS.-The Bank shall develop a set of performance standards for determining the extent to which the Bank has carried out successfully subparagraphs (E) and (I) of section 2(b)(1) of the Export-Import Bank Act of 1945 [ 12 U.S.C. 635(b)(1)(E), (I) ], and the functions described in subsections (f)(1), (g)(1), (h)(1), and (i)(1) of section 3 of such Act [ 12 U.S.C. 635a(f)(1), (g)(1), (h)(1), (i)(1) ]."(b) ASSESSMENT OF STANDARDS.-Within 18 months after the date of the enactment of this Act [Dec. 20, 2006], the Comptroller General of the United States shall transmit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate-"(1) an assessment of the performance standards developed by the Bank pursuant to subsection (a); and"(2) using the performance standards developed pursuant to subsection (a), an assessment of the Bank's efforts to carry out subparagraphs (E) and (I) of section 2(b)(1) of the Export-Import Bank Act of 1945 [ 12 U.S.C. 635(b)(1)(E), (I) ], and the functions described in subsections (f)(1), (g)(1), (h)(1), and (i)(1) of section 3 of such Act [ 12 U.S.C. 635a(f)(1), (g)(1), (h)(1), (i)(1) ]."
GAO REPORT ON COMPARATIVE RESERVE PRACTICES OF EXPORT CREDIT AGENCIES AND PRIVATE BANKS Pub. L. 107-189, §14, June 14, 2002, 116 Stat. 705, provided that: "Within 1 year after the date of the enactment of this Act [June 14, 2002], the Comptroller General of the United States shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report that examines the reserve ratios of the Export-Import Bank of the United States as compared with the reserve practices of private banks and foreign export credit agencies."
REPORTS TO CONGRESS Pub. L. 105-121, §7(b), Nov. 26, 1997, 111 Stat. 2529, as amended by Pub. L. 107-189, §6(c), June 14, 2002, 116 Stat. 700, provided that: "Within 6 months after the date of enactment of this Act [Nov. 26, 1997], and annually for each of the 8 years thereafter, the Board of Directors of the Export-Import Bank of the United States shall submit to Congress a report on the steps that the Board has taken to implement section 2(b)(9)(B) of the Export-Import Bank Act of 1945 [ 12 U.S.C. 635(b)(9)(B) ] and any recommendations of the advisory committee established pursuant to such section."
DECLARATION OF POLICY Pub. L. 102-429, title I, §101, Oct. 21, 1992, 106 Stat. 2186, provided that: "The Congress finds that-"(1) as the world's largest economy, the United States has an enormous stake in the future of the global trading system;"(2) exports are a crucial force driving the United States economy;"(3) during 1991, the value of United States exports increased by 7.1 percent from the 1990 level to $421,600,000,000, supporting more than 7,000,000 full-time United States jobs, and affecting the lives of all of the people of the United States;"(4) exports also support the global strategic position of the United States; "(5) a significant part of a country's influence is drawn from the reputation of its goods, its industrial connections with other countries, and the capital it has available for investment, and trade finance is a critical component of this equation;"(6) the growth in United States exports has increased the demand for financing from the Export-Import Bank of the United States;"(7) during 1991, the value of exports assisted by the Export-Import Bank rose 28.7 percent, from $9,700,000,000 to $12,100,000,000, the highest level since 1981;"(8) the Export-Import Bank used its entire budget authority provided for 1991, and still could not meet all of the demand for its financing assistance; and"(9) accordingly, the charter of the Export-Import Bank, which is scheduled to expire on September 30, 1992, must be renewed in order that the Bank continue to arrange competitive and innovative financing for the foreign sales of United States exporters."
REPORT ON FINANCING OF SERVICES Pub. L. 102-429, title I, §119, Oct. 21, 1992, 106 Stat. 2197, directed Export-Import Bank of the United States, not later than 1 year after Oct. 21, 1992, to submit a report to Congress on ways of facilitating the export financing of high technology services.
REPORT ON DEMAND FOR TRADE FINANCE FOR THE BALTIC STATES, THE INDEPENDENT STATES OF THE FORMER SOVIET UNION, AND CENTRAL AND EASTERN EUROPE Pub. L. 102-429, title I, §120, Oct. 21, 1992, 106 Stat. 2197, directed Export-Import Bank, not later than 1 year after Oct. 21, 1992, to transmit to Congress a report analyzing present and future demand for loans, guarantees, and insurance for trade between the United States and the Baltic States, between the United States and the independent States of the former Soviet Union, and between the United States and Central and Eastern Europe, and to make recommendations regarding the adequacy of financing for trade between the United States and such countries.
EXPORT-IMPORT PROGRAMS TO PEOPLE'S REPUBLIC OF CHINA PROHIBITED UNLESS CERTAIN CONDITIONS MET Pub. L. 101-240, title I, §103, Dec. 19, 1989, 103 Stat. 2496, provided that:"(a) Notwithstanding any other provision of law and subject to the provisions of subsections (b) and (c), the Export-Import Bank of the United States shall not finance any trade with, nor extend any loan, credit, credit guarantee, insurance or reinsurance to the People's Republic of China. "(b) The prohibitions described in subsection (a) of this section shall not apply to food or agricultural commodities."(c) The President may waive the prohibitions in subsection (a) if he makes a report to Congress either-"(1) that the Government of the People's Republic of China has made progress on a program of political reform throughout the country, as well as in Tibet, which includes-"(A) lifting of martial law;"(B) halting of executions and other reprisals against individuals for the nonviolent expression of their political beliefs;"(C) release of political prisoners; "(D) increased respect for internationally recognized human rights, including freedom of expression, the press, assembly, and association; and"(E) permitting a freer flow of information, including an end to the jamming of Voice of America and greater access for foreign journalists; or"(2) it is in the national interest of the United States to terminate a suspension under subsection (a)."
EXPORT-IMPORT BANK PROGRAMS FOR POLAND AND HUNGARY Pub. L. 101-179, title III, §303, Nov. 28, 1989, 103 Stat. 1312, provided that:"(a) AUTHORITY TO EXTEND CREDIT TO POLAND AND HUNGARY.-Notwithstanding section 2(b)(2) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(b)(2) ), the Export-Import Bank of the United States may guarantee, insure, finance, extend credit, and participate in the extension of credit in connection with the purchase or lease of any product by the Republic of Hungary or any agency or national thereof or by the Polish People's Republic or any agency or national thereof."(b) PRIVATE FINANCIAL INTERMEDIARIES TO FACILITATE EXPORTS TO POLAND.-Consistent with the provisions of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635 and following), the Export-Import Bank of the United States shall work with private financial intermediaries in Poland to facilitate the export of goods and services to Poland."
RESTRICTIONS ON LOANSPub. L. 93-646, §12, Jan. 4, 1975, 88 Stat. 2337, provided that, until Jan. 3, 1975, no loan, guarantee, insurance, or credit could be extended by the Export-Import Bank of the United States to the Union of Soviet Socialist Republics.
EXECUTIVE DOCUMENTS
DELEGATION OF FUNCTIONSFor delegation of functions of the President under subsec. (b)(6) of this section, see section 1(u) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16131, set out as a note under section 2751 of Title 22, Foreign Relations and Intercourse. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of Title 22 and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.
EX. ORD. NO. 12166. DELEGATION OF FUNCTION OF PRESIDENT RELATING TO APPLICATION FOR CREDIT TO SECRETARY OF STATE Ex. Ord. No. 12166, Oct. 19, 1979, 44 F.R. 60971, provided: By the authority vested in me as President of the United States of America by Section 2(b)(1)(B) of the Export-Import Bank Act of 1945, as amended ( 12 U.S.C. 635(b)(1)(B) ), and by Section 301 of Title 3 of the United States Code, it is hereby ordered as follows:1-101. The function vested in the President by Section 2(b)(1)(B) of the Export-Import Bank Act of 1945, as amended ( 12 U.S.C. 635(b)(1)(B) ), is delegated to the Secretary of State. That function is the authority to determine that a denial by the Export-Import Bank of an application for credit would be in the national interest, where such action could clearly and importantly advance United States policy in such areas as international terrorism, nuclear proliferation, environmental protection and human rights.1-102. Before making such a determination, the Secretary of State shall consult with the Secretary of Commerce and the heads of other interested Executive agencies.1-103. In accord with Section 2(b)(1)(B) of that Act, only in those cases where the Secretary of State has made such a determination should the Export-Import Bank deny an application for credit for nonfinancial or noncommercial considerations.Jimmy Carter.
ASSIGNMENT OF FUNCTIONS UNDER SECTION 530 OF THE FOREIGN RELATIONS AUTHORIZATION ACT FOR FISCAL YEARS 1994 AND 1995, AND SECTION 2(B)(4) OF THE EXPORT-IMPORT BANK ACT OF 1945, AS AMENDED Memorandum of President of the United States, Mar. 23, 2007, 72 F.R. 18103, provided:Memorandum for the Secretary of StateBy the authority vested in me as President by the Constitution and laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby assign to you: (1) the functions of the President under section 530 of the Foreign Relations Authorization Act for Fiscal Years 1994 and 1995 ( Public Law 103-236) ( 22 U.S.C. 2429a-2 ); and(2) the functions of the President under section 2(b)(4) of the Export-Import Bank Act of 1945, as amended ( 12 U.S.C. 635 ).You are authorized and directed to publish this memorandum in the Federal Register.George W. Bush.
PRESIDENTIAL DETERMINATIONS RELATING TO COUNTRIES DEEMED TO BE MARXIST-LENINIST COUNTRIESThe following Presidential Determinations determined that the listed countries had ceased to be Marxist-Leninist countries within the definition of such term in subsection (b)(2)(B)(i) of this section:Determination No. 2009-20, June 12, 2009, 74 F.R. 28865.-Kingdom of Cambodia.Determination No. 2009-21, June 12, 2009, 74 F.R. 28867.-Lao People's Democratic Republic.
- Director
- The term "Director" means the Director of the Bureau.
- State
- The term "State" means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, or the United States Virgin Islands or any federally recognized Indian tribe, as defined by the Secretary of the Interior under section 5131(a) of title 25.
- credit
- The term "credit" means the right granted by a person to a consumer to defer payment of a debt, incur debt and defer its payment, or purchase property or services and defer payment for such purchase.
- foreign exchange
- The term "foreign exchange" means the exchange, for compensation, of currency of the United States or of a foreign government for currency of another government.
- person
- The term "person" means an individual, partnership, company, corporation, association (incorporated or unincorporated), trust, estate, cooperative organization, or other entity.