22 U.S.C. § 2185 — Trade credit insurance program for Poland
submitted 37 years ago by Pub. L. 87-195 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 708 words · no verdicts yet
The President may guarantee Export-Import Bank obligations for short-term financing of private-sector exports to Poland. The section requires an agreement and reserve fund, limits commitments and duration, and states how fees, later payments, and assistance are handled.
(a)(1) The President may guarantee the Bank's liabilities described in paragraph (2) so the Bank has the reasonable assurance of repayment required by the Export-Import Bank Act of 1945.
(a)(2) The liabilities are those the Bank incurs for guarantees or insurance under that Act for financing exports of goods and services for private-sector use in Poland.
(b) These guarantees cover only short-term Bank guarantees and insurance repayable within one year after the covered goods and services arrive at the import port.
(c) The Bank must provide the guaranteed guarantees or insurance under criteria and procedures agreed on by the Administrator and the Bank.
(d) That agreement must establish a reserve fund maintained by the administering agency. The Administrator may make funds available to the reserve as necessary to pay liabilities under subsection (a) guarantees.
(e)(1) From funds made available for part IV of subchapter II of this chapter, the President may make amounts available to pay liabilities under subsection (a) guarantees.
(e)(2) If those amounts are paid on a claim arising from a guaranteed liability, amounts later received on that claim must be credited to the reserve fund, combined with it, and used for payments by the Administrator to the Bank for subsection (a) guarantees.
(f) Guarantee commitments are authorized only to the extent and in the amounts provided in advance in appropriations Acts.
(g) Outstanding commitments may not exceed $200 million in contingent liability for loan principal in any fiscal year.
(h) Omitted.
(i) The Bank must provide, without reimbursement, administrative and technical assistance that the Bank and Administrator consider appropriate to help the administering agency carry out this section.
(j) The Bank may charge fees and premiums for guarantees or insurance guaranteed under subsection (a). In the Bank's judgment, they must match the Bank's administrative costs and the risks covered by the agency guarantees. Amounts received above the Bank's estimated administration costs must be credited to the reserve fund, combined with it, and used for the Administrator's payments to the Bank.
(k) Restrictions on using foreign-assistance funds for assistance to Poland do not apply to funds made available for this section.
(l) The President may not enter a subsection (a) guarantee commitment after September 30, 1992.
(m) In this section, “administering agency” means the Agency for International Development; “Administrator” means its Administrator; and “Bank” means the Export-Import Bank of the United States. This section does not define any other quoted term.
The President is authorized to provide guarantees to the Bank for liabilities described in paragraph (2) in order to satisfy the requirement of section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(B)) that the Bank have 1 reasonable assurance of repayment.
The liabilities that may be guaranteed under paragraph (1) are liabilities incurred by the Bank in connection with guarantees or insurance provided under the Export-Import Bank Act of 1945 [12 U.S.C. 635 et seq.] for financing for transactions involving the export of goods and services for the use of the private sector in Poland.
Guarantees provided under subsection (a) shall be for short-term guarantees and insurance extended by the Bank which shall be repayable within a period not to exceed one year from the date of arrival at the port of importation of the goods and services covered by such guarantees or insurance.
Guarantees or insurance extended by the Bank and guaranteed pursuant to subsection (a) shall be provided by the Bank in accordance with criteria and procedures agreed to by the Administrator and the Bank.
The agreement referred to in subsection (c) shall also provide for the establishment of a reserve fund by the administering agency, with such funds made available to the reserve as the Administrator deems necessary to discharge liabilities under guarantees provided under subsection (a).
Such amounts of the funds made available to carry out part IV of subchapter II of this chapter (relating to the economic support fund) as the President determines are necessary may be made available to discharge liabilities under guarantees entered into under subsection (a).
To the extent that any of the funds made available pursuant to paragraph (1) are paid out for a claim arising out of liabilities guaranteed under subsection (a), amounts received after the date of such payment, with respect to such claim, shall be credited to the reserve fund established pursuant to subsection (d), shall be merged with the funds in such reserve, and shall be available for the purpose of payments by the Administrator to the Bank for guarantees under subsection (a).
Commitments to guarantee under subsection (a) are authorized only to the extent and in the amounts provided in advance in appropriations Acts.
The aggregate amount of outstanding commitments under subsection (a) may not exceed $200,000,000 of contingent liability for loan principal during any fiscal year.
The Bank shall provide, without reimbursement, such administrative and technical assistance to the administering agency as the Bank and the Administrator determine appropriate to assist the administering agency in carrying out this section.
The Bank is authorized to charge fees and premiums, in connection with guarantees or insurance guaranteed by the administering agency under subsection (a), that are commensurate (in the judgment of the Bank) with the Bank’s administrative costs and the risks covered by the agency’s guarantees. Any amounts received by the Bank in excess of the estimated costs incurred by the Bank in administering such guarantees or insurance—
shall be credited to the reserve fund established pursuant to subsection (d),
shall be merged with the funds in such reserve, and
shall be available for the purpose of payments by the administering agency to the Bank for guarantees under subsection (a).
Prohibitions on the use of foreign assistance funds for assistance for Poland shall not apply with respect to the funds made available to carry out this section.
The President may not enter into any commitments to guarantee under subsection (a) after September 30, 1992.
For purposes of this section—
the term “administering agency” means the Agency for International Development;
the term “Administrator” means the Administrator of the Agency for International Development; and
the term “Bank” means the Export-Import Bank of the United States.
Source credit: (Pub. L. 87–195, pt. I, § 225, as added Pub. L. 101–179, title III, § 304(a), Nov. 28, 1989, 103 Stat. 1312.)
- 1989Enacted · Pub. L. 87-195 · 103 Stat. 1312
A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-195 on 1989-11-28.
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