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provide competing United States sellers with financing to match that available through the foreign official export financing entity.
(b) 10 The Secretary of the Treasury shall issue such authorization to the Bank to provide guarantees, insurance, and credits to competing United States sellers, unless the Secretary determines that
(1) the availability of foreign official noncompetitive financing is likely to be a significant factor in the sale; or
(2) the foreign noncompetitive financing has been withdrawn. (c) Upon receipt of authorization by the Secretary of the Treasury, the Export-Import Bank may provide financing to match that offered by the foreign official export credit entity: Provided, however, That loans, guarantees and insurance provided under this authority shall conform to all provisions of the Export-Import Bank Act of 1945, as amended.
SEC. 1913. No environmental rule, regulation, or procedure shall become effective with regard to exports subject to the provisions of 22 U.S.C. 3201 et seq., the Nuclear Non-Proliferation Act of 1978, until such time as the President has reported to Congress on the progress achieved pursuant to section 107 of the Act (42 U.S.C. 2153e) entitled “Protection of the Environment” which requires the President to seek to provide, in agreements required under the Act, for cooperation between the parties in protecting the environment from radioactive, chemical or thermal contaminations arising from peaceful nuclear activities.
SEC. 1917.11 This title shall take effect upon enactment.
10 As amended by sec. 15(a) of Public Law 99-472 (100 Stat. 1204). 11 12 U.S.C. 635 note.
e. Export-Import Bank
Executive Order 12166, October 19, 1979, 44 F.R. 60971 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.
2. Export Expansion a. Improving the U.S. Balance of Payments Public Law 90-390 (H.R. 16162), 82 Stat. 296, approved July 7, 1968, as amended by
Public Law 96-470 (Congressional Reports Elimination Act of 1980; H.R. 6686),
94 Stat. 2237, approved October 19, 1980 AN ACT To enable the Export-Import Bank of the United States to approve exten
sion of certain loans, guarantees, and insurance in connection with exports from the United States in order to improve the balance of payments and foster the long-term commercial interests of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1.: (a) It is the policy of the Congress that the ExportImport Bank of the United States should facilitate through loans, guarantees, and insurance (including coinsurance and reinsurance) those export transactions which, in the judgment of the Board of Directors of the Bank, offer sufficient likelihood of repayment to justify the Bank's support in order to actively foster the foreign trade and long-term commercial interest of the United States.
(b) The Bank shall specially designate loans, guarantees, and insurance on the books of the Bank made under authority of this Act. In connection with guarantees and insurance, not less than 25 per centum of the related contractual liability of the Bank shall be taken into account for the purpose of applying the limitation imposed by section 7 of the Export-Import Bank Act of 1945, as amended; but the full amount of the related contractual liability of such guarantees and insurance shall be taken into account for the purpose of applying the limitation in section 2(c)(1) of that Act, concerning the amount of guarantees and insurance the Bank may have outstanding at any one time thereunder. The aggregate amount of loans plus 25 per centum of the contractual liability of guarantees and insurance outstanding at any one time under this Act shall not exceed $500,000,000. (c)
[Repealed-1980] Sec. 2.3 In the event of any losses, as determined by the Board of Directors of the Bank, incurred on loans, guarantees, and insurance extended under this Act, the first $100,000,000 of such losses shall be borne by the Bank; the second $100,000,000 of such losses shall be borne by the Secretary of the Treasury; and any losses in excess thereof shall be borne by the Bank. Reimbursement of the Bank by the Secretary of the Treasury of the amount of losses which are to be borne by the Secretary of the Treasury as aforesaid
1 12 U.S.C. 635j.
2 Subsec. (c), which had required the Board of Directors of the Bank to submit a quarterly report to Congress on all actions taken under authority of this act, was repealed by sec. 115 of Public Law 96-470 (94 Stat. 2240).
312 U.S.C. 635k.
shall be from funds made available pursuant to section 3 of this Act. All guarantees and insurance issued by the Bank shall be considered contingent obligations backed by the full faith and credit of the Government of the United States of America.
SEC. 3.4 There are hereby authorized to be appropriated to the Secretary of the Treasury without fiscal year limitation $100,000,000 to cover the amount of any losses which are to be borne by the Secretary of the Treasury as provided in section 2 hereof.
SEC. 4.5 Nothing in this Act shall be construed as a limitation on the powers of the Bank under the Export-Import Bank Act of 1945, as amended; and except as to the standard of reasonable assurance of repayment required under section 2(b)(1) of that Act, all loans, guarantees, and insurance extended hereunder shall be subject to the provisions of said Export-Import Bank Act of 1945, as amended, and to the policies of the Bank with respect to terms of repayment, interest rates, fees, and premiums applicable to loans, guarantees, and insurance extended under that Act.
SEC. 5.6 The Bank shall not extend loans, guarantees, or insurance under this Act in connection with the sale of defense articles or defense services.
* 12 U.S.C. 6351. 12 U.S.C. 635m. 6 12 U.S.C. 635n.
b. Establishing the Export Expansion Advisory Committee Executive Order 11420, July 31, 1968, 33 F.R. 10997, 3 CFR, 1966-70 Comp., p. 739 Whereas foreign trade is an essential and continuing element in
sustaining the growth, strength, and prosperity of our economy, contributes to the improvement of our balance of payments, and fosters the long-term commercial interest of the United States;
and Whereas, on March 20, 1968, I requested the Congress to empower
the Export-Import Bank of the United States to use up to $500,000,000 of its loan, guarantee, and insurance authority to finance a broadened program to sell American goods in foreign
markets; and Whereas the Congress has authorized the Bank to extend loans,
guarantees, and insurance which, in the judgment of the Board of Directors of the Bank, offer sufficient likelihood of repayment to justify the Bank's support in order to actively foster the foreign trade and long-term commercial interest of the United
States; and Whereas it is desirable and appropriate that guidance concerning
the commercial interests and the balance of payments objectives of the United States be provided to the Board of Directors of the Bank in the use of such loan, guarantee, and insurance authority allocated to finance export expansion, and I have stated that I would establish an Export Expansion Advisory Committee to pro
vide such guidance to the Board of Directors of the Bank: Now, therefore, by virtue of the authority vested in me as Presi
dent of the United States, it is ordered as follows:
Section 1. Establishment of Advisory Committee. (a) There is hereby established the Export Expansion Advisory Committee (hereinafter referred to as "the Committee").
(b) The Committee shall be composed of the following members: the Secretary of Commerce, who shall be Chairman of the Committee, the Secretary of the Treasury, the Secretary of State, and the President and Chairman of the Board of the Export-Import Bank of the United States.
Sec. 2. Functions of the Committee. The Committee shall review and make recommendations concerning applications and proposals for loans, guarantees, and insurance to be charged against allocations made to finance export expansion and shall provide guidance to the Board of Directors of the Bank concerning the use of such allocations with the view to fostering the foreign trade and longterm commercial interest of the United States.
Sec. 3. Construction. Nothing in this order shall be construed to abrogate, modify, or restrict any function vested by law in, or assigned pursuant to law to, any Federal agency, or any officer thereof or to any Federal interagency council or committee. As used