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22 U.S.C. § 262kFinancial assistance to international financial institutions; considerations and criteria

submitted 41 years ago by Pub. L. 99-88 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 453 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress wants U.S. aid to development banks to support free, stable growth abroad. Treasury must weigh how loans affect industries and commodity markets. For mining and metal projects, the U.S. should vote no if strict criteria are met.

(a) Congressional declaration of intent The U.S. takes part in international financial institutions to help other countries, especially developing ones, grow economically and socially. Congress believes this goal is best reached through a free and stable world economic system. So Congress intends U.S. financial help to these institutions to mainly support projects that will not flood world markets with extra commodities, replace private investment, or push countries away from market-based economies. (b) Effect of country adjustment programs; minimization of projected adverse impacts; avoidance of government subsidization The Secretary of the Treasury must instruct U.S. representatives at the institutions named in subsection (d) to consider how a country's economic adjustment programs would affect specific industries and international commodity markets when reviewing loans, credits, or other use of the institution's resources. They must do this in order to: (1) Reduce any expected harm to those industries or markets from the loan or resource use. (2) Avoid, when possible, having governments subsidize production and exports of commodities without regard to actual market conditions. (c) Project proposals relating to mining, smelting, refining, and fabricating of minerals and metal products For projects that create new capacity or expand, improve, or change mining, smelting, refining, or metal fabricating operations, the U.S. Executive Director at each institution named in subsection (d) should vote against the project if these criteria are met: (1) The project's risks, returns, and incentives show it could get reasonable financing from commercial lenders instead. (2) The U.S. Bureau of Mines finds that, based on projected world demand and capacity, the industry will likely have surplus capacity for the project's primary product over more than half the project's economic life. (3) The U.S. is a substantial producer of the commodity, and U.S. imports of it are less than 50 percent of domestic production. (d) International financial institutions The institutions covered by subsections (a) and (b) are: the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank.
the actual law source: uscode.house.gov ↗public domain
(a) Congressional declaration of intent

United States active participation in international financial institution activity is based on our national objective of furthering the economic and social development of the nations of the world, in particular the developing nations. The attainment of this national objective is most effectively realized through a world economic and financial system which is both free and stable. Therefore, it is the intent of the United States Congress that United States financial assistance to the international financial institutions should be primarily directed to those projects that would not generate excess commodity supplies in world markets, displace private investment initiatives or foster departures from a market-oriented economy.

(b) Effect of country adjustment programs; minimization of projected adverse impacts; avoidance of government subsidization

The Secretary of the Treasury shall instruct the representatives of the United States to the international financial institutions described in subsection (d) to take into account in their review of loans, credits, or other utilization of the resources of their respective institutions, the effect that country adjustment programs would have upon individual industry sectors and international commodity markets in order to—

(1)

minimize any projected adverse impacts on such sector or markets of making such loans, credits, or utilization of resources; and

(2)

avoid whenever possible government subsidization of production and exports of international commodities without regard to economic conditions in the markets for such commodities.

(c) Project proposals relating to mining, smelting, refining, and fabricating of minerals and metal products

More specifically, the following criteria should be considered as a basis for a vote by the respective United States Executive Director to each of the international financial institutions described in subsection (d) against a project proposal involving the creation of new capacity or the expansion, improvement, or modification of mining, smelting, refining, and fabricating of minerals and metal products:

(1)

Analysis shows that the risks, returns, and incentives of a project are such that it could be financed at reasonable terms by commercial lending services.

(2)

Analysis by the United States Bureau of Mines indicates that surplus capacity in the industry for the primary product of the defined project would exist over half the period of the economic life of the project because of projected world demand and capacity conditions.

(3)

United States imports of the commodity constitute less than 50 percent of the domestic production of the primary product in those cases where the United States is the substantial producer of such commodities.

(d) International financial institutions

The international financial institutions referred to in subsections (a) and (b) are the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank.

Source credit: (Pub. L. 99–88, title I, § 502, Aug. 15, 1985, 99 Stat. 330; Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.)

history & why it existsrecord from the source credit
  • 1985Enacted · Pub. L. 99-88 · 99 Stat. 330
  • 1992Amended · Pub. L. 102-285 · 106 Stat. 172

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-88 on 1985-08-15.

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