22 U.S.C. § 9612 — United States International Development Finance Corporation
submitted 8 years ago by Pub. L. 115-254 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 996 words · no verdicts yet
This section establishes the United States International Development Finance Corporation and sets its purpose, eligible countries, strategic-investment rules, and country and sector limits. It also states Congress's view that the Corporation should stay focused on its mission.
(a) Establishment. The executive branch has a United States International Development Finance Corporation, called the “Corporation” here. It is a wholly owned Government corporation under chapter 91 of title 31 and follows the Secretary of State's foreign-policy guidance.
(b) Purpose. The Corporation must mobilize and facilitate private capital and skills for economic development in less developed countries, countries moving from nonmarket to market economies, and other eligible foreign countries. It must complement United States development assistance and advance United States foreign-policy and national-security interests. In financing, it must broadly consider projects' economic and financial soundness and development goals.
(c) Eligible countries. (1) The Corporation must prioritize less developed countries. (2) It may support a project in an advancing-income country only after the Chief Executive Officer certifies in writing to the appropriate congressional committees* that the support follows subsection (d)(2); the certification may be an appendix to the section 1446 report. (3)(A) It may support a project in a high-income country only after a written certification that the support follows subsection (d)(3); the certification may accompany the section 9656 report. (B) Within 120 days after December 18, 2025, and every year after that, the Corporation must report the high-income countries where it expects to provide support in the next fiscal year, and for the first report the current fiscal year, and, when practicable, the expected project types. The report may be classified or confidential. (C) It may not support a high-income-country project in a year when that country is not on that list unless, at least 15 days before commitment, it consults the committees and explains how the project advances United States foreign-policy interests. (4) A project already approved remains eligible even if the country's income classification changes.
(d) Strategic-investment policy. (1) The Board must establish project-by-project policies for deciding the strategic value of support in advancing-income and high-income countries. (2) For advancing-income countries, the policy must require that projects advance United States national security under the Secretary of State's foreign-policy determination or significant strategic economic competitiveness; produce significant development outcomes or impact the country's poorest people; and maximize private-capital mobilization. (3) For high-income countries, the policy must require all paragraph (2) requirements; give private entities a chance to support each project on viable terms instead of the Corporation; limit Corporation support for each project to 25 percent of total project cost; limit total support for all high-income-country projects to 10 percent of the contingent liability authorized by section 9633; and require a report certifying application of the policy and describing whether the support is a preferred alternative to a foreign country of concern's state-directed investment or otherwise counters or limits that country's influence.
(e) Ineligible countries. The Corporation may not support a project in a country of concern* or a wealthy country, except as subsection (f) allows.
(f) Sector exceptions. Subject to subsection (d)(3), the wealthy-country restriction does not apply to energy; critical minerals and rare earths; or information and communications technology, including undersea cables.
(g) Sense of Congress. Congress states that the Corporation should continuously advance its core mission and purposes and that its resources should not be diverted to domestic or other activities outside that mission and purpose. Terms such as “advancing-income country,” “high-income country,” “country of concern,” and “wealthy country” are used here but this section does not define them.
There is established in the executive branch the United States International Development Finance Corporation (in this chapter referred to as the “Corporation”), which shall be a wholly owned Government corporation for purposes of chapter 91 of title 31 under the foreign policy guidance of the Secretary of State.
The purpose of the Corporation shall be to mobilize and facilitate the participation of private sector capital and skills in the economic development of less developed countries, as described in subsection (c), countries in transition from nonmarket to market economies, and other eligible foreign countries, in order to complement the development assistance objectives, and advance the foreign policy and national security interests, of the United States. In carrying out its purpose, the Corporation, utilizing broad criteria, shall take into account in its financing operations the economic and financial soundness and development objectives of projects for which it provides support under subchapter II of this chapter.
The Corporation shall prioritize the provision of support under subchapter II of this chapter in less developed countries.
The Corporation may provide support for a project under title II in an advancing income country if, before providing such support, the Chief Executive Officer certifies in writing to the appropriate congressional committees*, that such support will be provided in accordance with the policy established pursuant to subsection (d)(2). Such certification may be included as an appendix to the report required by section 1446.
The Corporation may provide support for a project under title II in a high-income country if, before providing such support, the Chief Executive Officer certifies in writing to the appropriate congressional committees that such support will be provided in accordance with the policy established pursuant to subsection (d)(3). Such certification may be included as an appendix to the report required by section 9656 of this title.
Not later than 120 days after December 18, 2025, and annually thereafter, the Corporation shall submit to the appropriate congressional committees a report, which may be submitted in classified or confidential form, that includes—
a list of all high-income countries in which the Corporation anticipates providing support in the subsequent fiscal year (and, with respect to the first such report, the then-current fiscal year); and
to the extent practicable, a description of the type of projects anticipated to receive such support.
The Corporation may not provide support for a project in a high-income country in any year for which that high-income country is not included on the list required by subparagraph (B)(i), unless, not later than 15 days before commitment, the Corporation consults with and submits to the appropriate congressional committees a notification describing how the proposed project advances the foreign policy interests of the United States.
Projects previously approved by the Corporation shall remain eligible for support notwithstanding any change in the income classification of the country.
The Board shall establish policies, which shall be applied on a project-by-project basis, to evaluate and determine the strategic merits of providing support for projects and investments in advancing income countries and high-income countries.
Any policy used to evaluate and determine the strategic merits of providing support for projects in an advancing income country shall require that such projects—
advance—
the national security interests of the United States in accordance with United States foreign policy, as determined by the Secretary of State; or
significant strategic economic competitiveness imperatives;
are designed in a manner to produce significant developmental outcomes or provide developmental impacts to the poorest populations of such country; and
are structured in a manner that maximizes private capital mobilization.
Any policy used to evaluate and determine the strategic merits of providing support for projects in high-income countries shall require that—
each such project meets the requirements described in paragraph (2);
with respect to each project in a high-income country—
private sector entities have been afforded an opportunity to support the project on viable terms in place of support by the Corporation; and
such support by the Corporation does not exceed 25 percent of the total cost of the project;
with respect to support for all projects in all high-income countries, the aggregate amount of such support does not exceed 10 percent of the total contingent liability authorized by section 9633 of this title; and
the Chief Executive Officer submit to the appropriate congressional committees a report, which may be submitted as an appendix to a report required by section 9656 of this title, that—
certifies that the Corporation has applied the policy to each supported project in a high-income country; and
describes whether such support—
is a preferred alternative to state-directed investments by a foreign country of concern*; or
otherwise furthers the strategic interest of the United States to counter or limit the influence of foreign countries of concern.
The Corporation shall not provide support for a project in—
a country of concern; or
a wealthy country, except to the extent permitted pursuant to subsection (f).
Subject to the requirements in subsection (d)(3), the restriction in subsection (e)(2) shall not apply to projects in the following sectors:
Energy.
Critical minerals and rare earths.
Information and communications technology, including undersea cables.
It is the sense of Congress that—
the Corporation should continuously operate in a manner that advances its core mission and purposes, as described in this title; and
resources of the Corporation should not be diverted for domestic or other activities extending beyond the scope of such mission and purpose.
Source credit: (Pub. L. 115–254, div. F, title I, § 1412, Oct. 5, 2018, 132 Stat. 3486; Pub. L. 119–60, div. H, title LXXXVII, § 8712, Dec. 18, 2025, 139 Stat. 1947.)
- 2018Enacted · Pub. L. 115-254 · 132 Stat. 3486
- 2025Amended · Pub. L. 119-60 · 139 Stat. 1947
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-254 on 2018-10-05.
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