46 U.S.C. § 53714 — Guarantee fees
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 458 words · no verdicts yet
The Secretary or Administrator must charge a guarantee fee, calculated as the present value of the guaranteed principal times a sliding fee rate based on creditworthiness, ranging from 0.25 to 1 percent depending on the vessel's status. The fee is collected by the first loan payment, can be financed as part of the loan, and isn't refundable — except for credit toward a later refinanced guarantee.
(a) Regulations. Subject to this section, the Secretary* or Administrator* must write regulations to charge a fee for guaranteeing an obligation*.
(b) Computation of Fee. (1) The total guarantee fee equals the sum of the amounts figured under (2) for each year the guarantee is in effect. (2) For each such year, that amount is the present value of the amount calculated under (3). To find present value, the Secretary or Administrator applies a discount rate set by the Secretary of the Treasury, based on current market yields on Treasury obligations with a similar time to maturity. (3) That amount equals (A) the estimated average unpaid principal outstanding that year (not counting the average non-interest amount held that year in an escrow fund under section 53715), multiplied by (B) the fee rate set under (4). (4) To set that fee rate, the Secretary or Administrator must build a formula that (A) accounts for the security backing the obligation, and (B) slides based on the obligor's creditworthiness — using the lowest allowed rate under (5) for the most creditworthy obligors and the highest allowed rate for the least creditworthy. (5) The fee rate must be (A) between 0.5 and 1 percent for a delivered vessel* or equipment; and (B) between 0.25 and 0.5 percent for a vessel or equipment still to be built, rebuilt, reconditioned, or delivered.
(c) When Fee Collected. The guarantee fee must be collected no later than the date the first payment is made on the obligation.
(d) Financing the Fee. A fee paid under this section may itself be financed under this chapter and counts as part of the obligation's actual cost*.
(e) Not Refundable. A fee paid under this section isn't refundable. But if the obligation is refinanced and guaranteed again under this chapter, the obligor* gets credit for the fee already paid, covering the obligation's remaining term.
Subject to this section, the Secretary* or Administrator* shall prescribe regulations to assess a fee for guaranteeing an obligation* under this chapter.
The amount of the fee for a guarantee under this chapter shall be equal to the sum of the amounts determined under paragraph (2) for the years in which the guarantee is in effect.
The amount referred to in paragraph (1) for a year in which the guarantee is in effect is the present value of the amount calculated under paragraph (3). To determine the present value, the Secretary or Administrator shall apply a discount rate determined by the Secretary of the Treasury, considering current market yields on outstanding obligations of the United States Government having periods to maturity comparable to the period to maturity for the guaranteed obligation.
The amount referred to in paragraph (2) shall be calculated by multiplying—
the estimated average unpaid principal amount of the obligation that will be outstanding during the year (excluding the average amount, other than interest, on deposit during the year in an escrow fund under section 53715 of this title); by
the fee rate set under paragraph (4).
To set the fee rate referred to in paragraph (3)(B), the Secretary or Administrator shall establish a formula that—
takes into account the security provided for the guaranteed obligation; and
is a sliding scale based on the creditworthiness of the obligor*, using—
the lowest allowable rate under paragraph (5) for the most creditworthy obligors; and
the highest allowable rate under paragraph (5) for the least creditworthy obligors.
The fee rate set under paragraph (4) shall be—
for a delivered vessel* or equipment, at least 0.5 percent and not more than 1 percent; and
for a vessel to be constructed, reconstructed, or reconditioned or equipment to be delivered, at least 0.25 percent and not more than 0.5 percent.
A fee for the guarantee of an obligation under this chapter shall be collected not later than the date on which an amount is first paid on the obligation.
A fee paid under this section is eligible to be financed under this chapter and shall be included in the actual cost* of the obligation guaranteed.
A fee paid under this section is not refundable. However, an obligor shall receive credit for the amount paid for the remaining term of the obligation if the obligation is refinanced and guaranteed under this chapter after the refinancing.
Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1613; Pub. L. 109–163, div. C, title XXXV, § 3507(a)(1)(D), Jan. 6, 2006, 119 Stat. 3555; Pub. L. 110–181, div. C, title XXXV, § 3522(a)(10)(B), (b), Jan. 28, 2008, 122 Stat. 598.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1613
- 2006Amended · Pub. L. 109-163 · 119 Stat. 3555
- 2008Amended · Pub. L. 110-181 · 122 Stat. 598
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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