ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

22 U.S.C. § 262p–17Support for international initiatives to provide debt restructuring or relief to developing countries with unsustainable levels of debt

submitted 4 years ago by Pub. L. 95-118 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 581 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law directs Treasury and State to push international lenders and the G20 to improve debt relief programs like the Common Framework for poor countries. Treasury must engage lenders on debt restructuring case by case and report to Congress yearly on progress and obstacles.

(a) Debt relief The Treasury Secretary, working with the Secretary of State, must: (1) Work with international financial institutions, the G20, and official and commercial lenders to support prompt, effective use and improvement of the Common Framework for Debt Treatments beyond the DSSI (called the "Common Framework" here), or any similar coordinated debt process the U.S. takes part in. This means pushing for clear, accountable standards such as: (A) debt-treatment benchmarks so each debtor country reaches a sustainable debt level; (B) fair burden-sharing standards among all lenders with claims on a debtor country, whether official, private, or mixed; (C) strong debt disclosure by lenders — including China — and by debtor countries, including sharing data between lenders and, where practical, publishing the material terms of claims; (D) expanding which countries can use the Common Framework to include lower middle-income countries that otherwise qualify; (E) improving the Common Framework process so eligible countries get debt relief in a timely way; and (F) consistently enforcing and improving multilateral rules on asset-based and revenue-based borrowing by debtor countries, plus coordinated standards for restructuring collateralized debt. (2) Work with international financial institutions and official and commercial lenders to support debt restructuring or relief for individual debtor countries, as the Secretary sees fit — including, case by case, a pause on debt payments if the debtor country asks for it through the Common Framework process. This pause can run from when the country reaches a staff-level agreement with the IMF until it signs a memorandum of understanding with its creditor committee under the Common Framework or a similar process. (3) Direct the U.S. representatives at the IMF and World Bank to use America's voice and vote to advance the efforts in (1) and (2). (b) Reporting requirement Within 120 days after December 23, 2022, and every year after that, the Treasury Secretary, working with the State Department, must report to the Senate Banking and Foreign Relations Committees and the House Financial Services and Foreign Affairs Committees. The report must cover: (1) What actions official lenders — including China's government and its state-owned companies — and relevant commercial lender groups have taken, working with international financial institutions, to advance debt restructuring or relief for countries with unsustainable debt seeking help under the Common Framework or any similar process; (2) Any problems blocking the Common Framework from delivering timely debt relief to a country that needs it, including any lender refusing to share the burden fairly, such as by not sharing or publishing the information needed to judge whether the debt is sustainable; and (3) Recommendations for fixing the problems identified in (2).
the actual law source: uscode.house.gov ↗public domain
(a) Debt relief

The Secretary of the Treasury, in consultation with the Secretary of State, shall—

(1)

engage with international financial institutions, the G20, and official and commercial creditors to advance support for prompt and effective implementation and improvement of the Common Framework for Debt Treatments beyond the DSSI (in this section referred to as the “Common Framework”), or any successor framework or similar coordinated international debt treatment process in which the United States participates through the establishment and publication of clear and accountable—

(A)

debt treatment benchmarks designed to achieve debt sustainability for each participating debtor;

(B)

standards for appropriate burden-sharing among all creditors with material claims on each participating debtor, without regard for their official, private, or hybrid status;

(C)

robust debt disclosure by creditors, including the People’s Republic of China, and debtor countries, including inter-creditor data-sharing and, to the maximum extent practicable, public disclosure of material terms and conditions of claims on participating debtors;

(D)

expansion of Common Framework country eligibility to lower middle-income countries who otherwise meet the existing criteria;

(E)

improvements to the Common Framework process with the aim of ensuring access to debt relief in a timely manner for those countries eligible and who request treatment; and

(F)

consistent enforcement and improvement of the policies of multilateral institutions relating to asset-based and revenue-based borrowing by participating debtors, and coordinated standards on restructuring collateralized debt;

(2)

engage with international financial institutions and official and commercial creditors to advance support, as the Secretary finds appropriate, for debt restructuring or debt relief for each participating debtor, including, on a case-by-case basis, a debt standstill, if requested by the debtor country through the Common Framework process from the time of conclusion of a staff-level agreement with the International Monetary Fund, and until the conclusion of a memorandum of understanding with its creditor committee pursuant to the Common Framework, or any successor framework or similar coordinated international debt treatment process in which the United States participates; and

(3)

instruct the United States Executive Director at the International Monetary Fund and the United States Executive Director at the World Bank to use the voice and vote of the United States to advance the efforts described in paragraphs (1) and (2).

(b) Reporting requirement

Not later than 120 days after December 23, 2022, and annually thereafter, the Secretary of the Treasury, in coordination with the Secretary of State, shall submit to the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate and the Committees on Financial Services and Foreign Affairs of the House of Representatives a report that describes—

(1)

any actions that have been taken, in coordination with international financial institutions, by official creditors, including the government of, and state-owned enterprises in, the People’s Republic of China, and relevant commercial creditor groups to advance debt restructuring or relief for countries with unsustainable debt that have sought restructuring or relief under the Common Framework, any successor framework or mechanism, or under any other coordinated international arrangement for sovereign debt restructuring in which the United States participates;

(2)

any implementation challenges that hinder the ability of the Common Framework to provide timely debt restructuring for any country with unsustainable debt that seeks debt restructuring or debt payment relief, including any refusal of a creditor to participate in appropriate burden-sharing, including failure to share (or publish, as appropriate) all material information needed to assess debt sustainability; and

(3)

recommendations on how to address any challenges identified in paragraph (2).

Source credit: (Pub. L. 95–118, title XVI, § 1633, as added Pub. L. 117–263, div. E, title LVII, § 5702, Dec. 23, 2022, 136 Stat. 3408.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 95-118 · 136 Stat. 3408

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-118 on 2022-12-23.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case