12 U.S. Code § 635 - Powers and functions of Bank

For termination of amendment by section 1(c) of Pub. L. 103–428, see Effective and Termination Dates of 1994 Amendments note below.

The Federal Credit Reform Act of 1990, referred to in subsec. (b)(1)(B), is title V of Pub. L. 93–344, as added by Pub. L. 101–508, title XIII, § 13201(a), Nov. 5, 1990, 104 Stat. 1388–609, which is classified generally to subchapter III (§ 661 et seq.) of chapter 17A of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2 and Tables.

The Foreign Corrupt Practices Act of 1977, referred to in subsec. (b)(1)(B), (L), is title I of Pub. L. 95–213, Dec. 19, 1977, 91 Stat. 1494, which enacted sections 78dd–1 to 78dd–3 of Title 15, Commerce and Trade, and amended sections 78m and 78ff of Title 15. For complete classification of this Act to the Code, see Short Title of 1977 Amendment note set out under section 78a of Title 15 and Tables.

The Arms Export Control Act, referred to in subsec. (b)(1)(B), (L), (6)(F), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables.

The International Emergency Economic Powers Act, referred to in subsec. (b)(1)(B), (L), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables.

The Export Administration Act of 1979, referred to in subsec. (b)(1)(B), (L), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613).

Section 2151q of title 22, referred to in subsec. (b)(1)(C), was repealed by Pub. L. 96–533, title III, § 304(g), Dec. 16, 1980, 94 Stat. 3147. See section 2151d(a)(2), (b)(2), (c) of Title 22, Foreign Relations and Intercourse.

The African Growth and Opportunity Act, referred to in subsec. (b)(9)(C), is title I of Pub. L. 106–200, May 18, 2000, 114 Stat. 252, which is classified principally to chapter 23 (§ 3701 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 19 and Tables.

The Tariff Act of 1930, referred to in subsec. (e)(2)(A)(i), (B), is act June 17, 1930, ch. 497, 46 Stat. 590. Title VII of the Act is classified generally to subtitle IV (§ 1671 et seq.) of chapter 4 of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables.

The Trade Act of 1974, referred to in subsec. (e)(2)(A)(ii), (D), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Title II of the Act is classified generally to subchapter II (§ 2251 et seq.) of chapter 12 of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 2101 of Title 19 and Tables.

December 20, 2006, referred to in subsec. (e)(5), was in the original “the date of the enactment of this Act”, which was translated as meaning the date of enactment of Pub. L. 109–438, which enacted subsec. (e)(5), to reflect the probable intent of Congress.

Section 1(c) of Pub. L. 90–267 added pars. (2) to (5) of subsec. (b) and another section of Pub. L. 90–267 also designated 1(c) substituted “$3,500,000,000” for “$2,000,000,000” in subsec. (c)(1). See, also, 1968 Amendments hereunder.

2019—Subsec. (b)(1)(E)(i)(I). Pub. L. 116–94, § 403, added subcl. (I) and struck out former subcl. (I) which read as follows: “It is further the policy of the United States to encourage the participation of small business in international commerce.”

Subsec. (b)(1)(E)(v). Pub. L. 116–94, § 405, inserted at end “For the purpose of calculating the amounts of authority required under this clause, the Bank shall, with respect to insurance, exclude unutilized authorizations that terminated during the fiscal year.”

Pub. L. 116–94, § 404(a), substituted “30” for “25”.

Subsec. (b)(1)(K). Pub. L. 116–94, § 407, inserted before period at end “, energy efficiency (including battery electric vehicles, batteries for electric vehicles, and electric vehicle charging infrastructure), and energy storage. It shall be a goal of the Bank to ensure that not less than 5 percent of the applicable amount (as defined in section 635e(a)(2) of this title) is made available each fiscal year for the financing of renewable energy, energy efficiency (including battery electric vehicles, batteries for electric vehicles, and electric vehicle charging infrastructure), and energy storage technology exports”.

Subsec. (f). Pub. L. 116–94, § 406(1), inserted before period at end “, and shall deny an application for assistance if the end user, borrower, lender, or exporter has been convicted of an act of fraud or corruption in connection with an application for support from the Bank made in the preceding 5 years. The Bank may proceed with an application described in this subsection only if an end user, borrower, lender, or exporter can be fully excluded from the transaction”.

Subsec. (i). Pub. L. 116–94, § 406(2), substituted “shall require” for “should require”.

Subsec. (l). Pub. L. 116–94, § 402(a), added subsec. (l).

2015—Subsec. (a)(2)(A)(iii). Pub. L. 114–94, § 54002(a), added cl. (iii).

Subsec. (b)(1)(E)(v). Pub. L. 114–94, § 52001(a), substituted “25 percent” for “20 percent”.

Subsec. (b)(1)(M). Pub. L. 114–94, § 53001, added subpar. (M).

Subsec. (b)(9)(B)(iii). Pub. L. 114–94, § 54001(c), substituted “the date on which the authority of the Bank expires under section 635f of this title” for “September 30, 2014”.

Subsec. (d)(2). Pub. L. 114–94, § 54002(b), substituted “$25,000,000” for “$10,000,000”.

Subsec. (k). Pub. L. 114–94, § 55001, added subsec. (k).

2012—Subsec. (b)(2)(B)(ii). Pub. L. 112–122, § 22, redesignated subcls. (II), (III), (V), (VI), (VIII), and (IX) as (I) to (VI), respectively, and struck out subcls. (I), (IV), and (VII) which deemed Cambodian People’s Republic, Lao People’s Democratic Republic, and Socialist Federal Republic of Yugoslavia as Marxist-Leninist countries for purposes of par. (2).

Subsec. (b)(9)(B)(iii). Pub. L. 112–122, § 23, substituted “2014” for “2011”.

Subsec. (e)(7)(E) to (G). Pub. L. 112–122, § 12(b), added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively.

Subsec. (i). Pub. L. 112–122, § 7, added subsec. (i).

Subsec. (j). Pub. L. 112–122, § 8, added subsec. (j).

2006—Subsec. (b)(1)(A). Pub. L. 109–438, § 13(b), (c), inserted “, including countries the governments of which are not members of the Arrangement (as defined in section 635i–3(h)(3) of this title)” after “United States exporters” in second sentence and struck out fourth to twelfth sentences which related to compliance reporting requirements.

Subsec. (b)(1)(E)(v). Pub. L. 109–438, § 14(b), inserted at end “From the amount made available under the preceding sentence, it shall be a goal of the Bank to increase the amount made available to finance exports directly by small business concerns referred to in section 635a(i)(1) of this title.”

Subsec. (b)(1)(E)(vii)(III). Pub. L. 109–438, § 6(b)(2), inserted “or other financing institutions or entities” after “consortia”.

Subsec. (b)(9)(B)(iii). Pub. L. 109–438, § 3(a), substituted “2011” for “2006”.

Subsec. (b)(9)(C), (D). Pub. L. 109–438, § 3(b)(2), (c), added subpars. (C) and (D).

Subsec. (b)(13). Pub. L. 109–438, § 11, added par. (13).

Subsec. (e)(1). Pub. L. 109–438, § 7(1), inserted concluding provisions.

Subsec. (e)(2)(C). Pub. L. 109–438, § 8(b), inserted “of not less than 14 days (which, on request of any affected party, shall be extended to a period of not more than 30 days)” after “comment period”.

Subsec. (e)(2)(E). Pub. L. 109–438, § 7(2), added subpar. (E).

Subsec. (e)(5) to (7). Pub. L. 109–438, §§ 5, 7(3), 8(a), added pars. (5) to (7).

Subsecs. (g), (h). Pub. L. 109–438, § 12, added subsecs. (g) and (h).

2002—Subsec. (a)(1). Pub. L. 107–189, § 2, substituted “The objects and purposes of the Bank shall be to aid in financing and to facilitate exports of goods and services, imports, and the exchange of commodities and services between the United States or any of its territories or insular possessions and any foreign country or the agencies or nationals of any such country, and in so doing to contribute to the employment of United States workers. The Bank’s objective in authorizing loans, guarantees, insurance, and credits shall be to contribute to maintaining or increasing employment of United States workers.” for “The objects and purposes of the bank shall be to aid in financing and to facilitate exports and imports and the exchange of commodities and services between the United States or any of its Territories or insular possessions and any foreign country or the agencies or nationals thereof.”

Subsec. (b)(1)(A). Pub. L. 107–189, §§ 11, 13(b), substituted “not later than June 30 of each year” for “on an annual basis” in fourth sentence, inserted “(including through use of market windows)” after “which foreign exporters compete with the United States exporters” in fifth sentence, inserted “With respect to the preceding sentence, the Bank shall use all available information to estimate the annual amount of export financing available from each government and government-related agency.” after fifth sentence, and inserted at end “The Bank shall include in the annual report a description of all Bank transactions which shall be classified according to their principal purpose, such as to correct a market failure or to provide matching support. The Bank shall include in the annual report a description of the efforts undertaken under subparagraph (K).”

Subsec. (b)(1)(B). Pub. L. 107–189, §§ 15, 17, 21, 24(a)(1), substituted “Committee on Financial Services of the House of Representatives” for “Committee on Banking and Financial Services of the House of Representatives” and inserted “(including, when relevant, a foreign nation’s lack of cooperation in efforts to eradicate terrorism)” after “international terrorism”, “the enforcement of the Foreign Corrupt Practices Act of 1977, the Arms Export Control Act, the International Emergency Economic Powers Act, or the Export Administration Act of 1979,” after “nuclear proliferation,” and “(such as are provided in the Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948)” after “human rights”.

Subsec. (b)(1)(E)(iii)(II). Pub. L. 107–189, § 7(b), inserted “, with particular emphasis on conducting outreach and increasing loans to socially and economically disadvantaged small business concerns (as defined in section 637(a)(4) of title 15), small business concerns (as defined in section 632(a) of title 15) owned by women, and small business concerns (as defined in section 632(a) of title 15) employing fewer than 100 employees,” after “Bank”.

Subsec. (b)(1)(E)(v). Pub. L. 107–189, § 7(a), substituted “20 percent” for “10 percent”.

Subsec. (b)(1)(E)(x). Pub. L. 107–189, § 8(a), added cl. (x).

Subsec. (b)(1)(H)(ii), (iii). Pub. L. 107–189, § 24(b)(1), made technical amendment to reference in original act which appears in text as reference to section 5402 of title 22.

Subsec. (b)(1)(J). Pub. L. 107–189, § 8(b), added subpar. (J).

Subsec. (b)(1)(K). Pub. L. 107–189, § 13(a), added subpar. (K).

Subsec. (b)(1)(L). Pub. L. 107–189, § 19, added subpar. (L).

Subsec. (b)(6)(D)(i)(III). Pub. L. 107–189, § 24(a)(2)(A), substituted “Committee on Financial Services of the House of Representatives” for “Committee on Banking, Finance and Urban Affairs of the House of Representatives”.

Subsec. (b)(6)(E). Pub. L. 107–189, § 24(b)(3), substituted “internationally” for “international”.

Subsec. (b)(6)(H). Pub. L. 107–189, § 24(a)(2)(B), substituted “Committee on Financial Services of the House of Representatives” for “Committee on Banking, Finance and Urban Affairs of the House of Representatives”.

Subsec. (b)(6)(I)(i)(II), (iii). Pub. L. 107–189, § 24(a)(2)(C), (D), substituted “Committees on Financial Services” for “Committees on Banking, Finance and Urban Affairs”.

Subsec. (b)(9)(A). Pub. L. 107–189, § 6(b), inserted “, in consultation with the Secretary of Commerce and the Trade Promotion Coordinating Committee,” after “shall”.

Subsec. (b)(9)(B)(iii). Pub. L. 107–189, § 6(a), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “The advisory committee shall terminate 4 years after November 26, 1997.”

Subsec. (b)(12). Pub. L. 107–189, § 24(b)(2), realigned margins.

Subsec. (e)(2) to (4). Pub. L. 107–189, § 18, substituted “Paragraphs (1) and (2)” for “Paragraph (1)” in par. (2), added a new par. (2), and redesignated former pars. (2) and (3) as (3) and (4), respectively.

Subsec. (f). Pub. L. 107–189, § 16, added subsec. (f).

2000—Subsec. (b)(1)(A). Pub. L. 106–569, § 1103(d)(1), substituted “The Bank shall, on an annual basis, report” for “The Bank shall, on a annual basis, report” and inserted at end “The annual report required under this subparagraph shall include the report required under section 635i–3(g) of this title.”

Subsec. (b)(1)(D). Pub. L. 106–569, § 1104(a)(1), struck out “(i)” after “(D)” and struck out cl. (ii) which read as follows: “The Bank shall include in its annual report a summary of its programs regarding the export of services.”

Subsec. (b)(8). Pub. L. 106–569, § 1104(a)(2), struck out at end “The Bank shall include in the report to Congress under section 635g(a) of this title a description of the measures undertaken by it pursuant to this subsection.”

1997—Subsec. (b)(1)(A). Pub. L. 105–121, § 10, in first sentence, substituted “real income, a commitment to reinvestment and job creation, and the increased development of the productive resources of the United States” for “real income and to the increased development of the productive resources of the United States”.

Subsec. (b)(1)(B). Pub. L. 105–121, § 11, inserted “(including child labor)” after “human rights” in penultimate sentence.

Pub. L. 105–121, § 5(2), inserted at end “Each such determination shall be delivered in writing to the President of the Bank, shall state that the determination is made pursuant to this section, and shall specify the applications or categories of applications for credit which should be denied by the Bank in furtherance of the national interest.”

Pub. L. 105–121, § 5(1), in penultimate sentence, inserted “, after consultation with the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate,” after “President”.

Subsec. (b)(1)(I). Pub. L. 105–121, § 9, added subpar. (I).

Subsec. (b)(9). Pub. L. 105–121, § 7(a), added par. (9).

Subsec. (b)(12). Pub. L. 105–121, § 12, added par. (12).

1996—Subsec. (b)(4). Pub. L. 104–201 amended par. (4) generally, restating provisions of former single par. as subpars. (A) to (F) with addition of provisions relating to persons knowingly aiding or abetting non-nuclear-weapon states to acquire nuclear explosive devices or unsafeguarded special nuclear material and requiring Secretary of State to initiate consultations with governments having jurisdiction over such persons.

1994—Subsec. (b)(4). Pub. L. 103–236 inserted “(as defined in section 6305(4) of title 22), or that any country has willfully aided or abetted any non-nuclear-weapon state (as defined in section 6305(5) of title 22) to acquire any such nuclear explosive device or to acquire unsafeguarded special nuclear material (as defined in section 6305(8) of title 22).” after “device” at end of first sentence.

Subsec. (b)(6)(C)(ii). Pub. L. 103–447 substituted “defined in section 2291(e) of title 22” for “determined under section 2291j(h) or 2291(e), as appropriate, of title 22”.

Subsec. (b)(6)(H). Pub. L. 103–428, § 1(b), (c), temporarily inserted “or described in subparagraph (I)(i)” before period at end of first sentence. See Effective and Termination Dates of 1994 Amendments note below.

Subsec. (b)(6)(I). Pub. L. 103–428, § 1(a), (c), temporarily added subpar. (I). See Effective and Termination Dates of 1994 Amendments note below.

1993—Subsec. (b)(9). Pub. L. 103–149 struck out par. (9) which prohibited the Bank from taking certain actions with respect to business affecting Republic of South Africa.

1992—Subsec. (a)(3). Pub. L. 102–429, § 121(a)(1), struck out “(A) In general.—” before “To enhance the medium-term”, redesignated cls. (i) to (iv) as subpars. (A) to (D), respectively, and struck out former subpar. (B) which read as follows: “Report required.—Not later than April 15, 1988, the Bank shall transmit a report to the Congress analyzing the measures adopted to enhance medium-term financing.”

Subsec. (b)(1)(A). Pub. L. 102–429, § 121(a)(2), added sentence at end and struck out former last sentence which read as follows: “The Bank shall also include in the annual report a description of each loan by the Bank involving the export of any product or service related to the production, refining or transportation of any type of energy or the development of any energy resource with a statement assessing the impact, if any, on the availability of such products, services, or energy supplies thus developed for use within the United States.”

Subsec. (b)(1)(B). Pub. L. 102–429, § 104, inserted after first semicolon in fifth sentence “that the Bank, in determining whether to provide support for a transaction under the loan, guarantee, or insurance program, or any combination thereof, shall consider the need to involve private capital in support of United States exports as well as the cost of the transaction as calculated in accordance with the requirements of the Federal Credit Reform Act of 1990;”.

Subsec. (b)(1)(E)(v). Pub. L. 102–429, § 121(a)(3), substituted “not less than 10 percent of such authority for each fiscal year.” for “not less than—

“(I) 6 per centum of such authority for fiscal year 1984;

“(II) 8 per centum of such authority for fiscal year 1985; and

“(III) 10 per centum of such authority for fiscal year 1986 and thereafter.”

Pub. L. 102–429, § 116, inserted “directly” after “to finance exports”.

Subsec. (b)(1)(H). Pub. L. 102–429, § 114, added subpar. (H).

Subsec. (b)(2)(B). Pub. L. 102–429, § 110, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows:

“(i) In general.—For the purposes of this paragraph, the term ‘Marxist-Leninist country’ means any country which—

“(I) maintains a centrally planned economy based on the principles of Marxist-Leninism, or

“(II) is economically and militarily dependent on the Union of Soviet Socialist Republics or on any other Marxist-Leninist country.

“(ii) Specific countries deemed to be marxist-leninist.—Unless otherwise determined by the President in the manner provided in subparagraph (C), the following countries are deemed to be Marxist-Leninist countries for purposes of this paragraph:

“Cambodian People’s Republic.

“Cooperative Republic of Guyana.

“Czechoslovak Socialist Republic.

“Democratic People’s Republic of Korea.

“Democratic Republic of Afghanistan.

“Estonia.

“German Democratic Republic.

“Hungarian People’s Republic.

“Lao People’s Democratic Republic.

“Latvia.

“Lithuania.

“Mongolian People’s Republic.

“People’s Democratic Republic of Yemen.

“People’s Republic of Albania.

“People’s Republic of Angola.

“People’s Republic of Benin.

“People’s Republic of Bulgaria.

“People’s Republic of China.

“People’s Republic of the Congo.

“People’s Republic of Mozambique.

“Polish People’s Republic.

“Republic of Cuba.

“Republic of Nicaragua.

“Socialist Ethiopia.

“Socialist Federal Republic of Yugo­slavia.

“Socialist Republic of Romania.

“Socialist Republic of Vietnam.

“Surinam.

“Tibet.

“Union of Soviet Socialist Republics (including its captive constituent republics).”

Subsec. (b)(6)(A). Pub. L. 102–583, § 12(c)(1)(A), which directed the substitution of “, except as otherwise provided in subparagraph (B).” for “designated” and all that follows through the end of the subparagraph could not be executed because the words did not appear subsequent to the amendment by Pub. L. 102–429, § 112(d)(1). See below.

Pub. L. 102–429, § 112(d)(1), struck out before period at end “designated under section 4916 of title 26 as an economically less developed country for purposes of the tax imposed by section 4911 of title 26. The prohibitions set forth in this subparagraph shall not apply with respect to any transaction the consummation of which the President determines would be in the national interest and reports such determination (within thirty days after making the same) to the Senate and House of Representatives. In making any such determination the President shall take into account, among other considerations, the national interest in avoiding arms races among countries not directly menaced by the Soviet Union or by Communist China; in avoiding arming military dictators who are denying social progress to their own peoples; and in avoiding expenditures by developing countries of scarce foreign exchange needed for peaceful economic progress”.

Subsec. (b)(6)(B). Pub. L. 102–429, § 112(d)(2)(A), struck out “, and section 32 of the Arms Export Control Act,” after “Subparagraph (A)”.

Subsec. (b)(6)(B)(iii). Pub. L. 102–583, § 6(c)(1), substituted “section 2291j(e) of title 22” for “section 2291(h)(5) of title 22”.

Subsec. (b)(6)(B)(iv), (v). Pub. L. 102–429, § 112(a)(1), (2), (d)(2)(B), inserted “and” at end of cl. (iv) and substituted “articles or services.” for “articles and services; and” at end of cl. (v).

Subsec. (b)(6)(B)(vi). Pub. L. 102–583, § 12(a), which directed the substitution of “1997” for “1992” in cl. (vi), could not be executed because cl. (vi) was struck out by Pub. L. 102–429, § 112(a)(3). See below.

Pub. L. 102–429, § 112(a)(3), struck out cl. (vi) which read as follows: “the sale is made on or before September 30, 1992.”

Subsec. (b)(6)(C)(ii). Pub. L. 102–583, § 6(c)(2), substituted “determined under section 2291j(h) or 2291(e), as appropriate, of title 22” for “defined in section 2291(i) of title 22”.

Subsec. (b)(6)(D)(i). Pub. L. 102–429, § 112(b), (d)(3), struck out “and” at end of subcl. (I), added subcl. (II), redesignated former subcl. (II) as (III), and substituted “determinations have” for “determination has” in subcl. (III).

Subsec. (b)(6)(D)(ii). Pub. L. 102–429, § 112(d)(4), substituted “clause” for “sentence” before period at end.

Subsec. (b)(6)(G). Pub. L. 102–429, § 112(d)(5), substituted “or services” for “and services”.

Subsec. (b)(6)(H). Pub. L. 102–429, § 112(c), added subpar. (H).

Subsec. (b)(11), (12). Pub. L. 102–429, § 111, redesignated par. (12) as (11), substituted “The President” for “Notwithstanding any determination by the President under paragraph (2) or (11), the”, and struck out former par. (11) which read as follows: “Prohibition Relating to Angola.—Notwithstanding any determination by the President under paragraph (2), the Bank may not guarantee, insure, or extend credit (or participate in the extension of credit) in connection with any export of goods or services, except food or agricultural commodities, to the People’s Republic of Angola until the President certifies to the Congress that no combatant forces or military advisors of the Republic of Cuba or of any other Marxist-Leninist country (as such term is defined in paragraph (2)(B)) remain in Angola.”

Subsec. (c)(1). Pub. L. 102–429, § 109(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Bank is authorized and empowered to charge against the limitations imposed by section 635e of this title, not less than 25 per centum of the related contractual liability which the Bank incurs for guarantees, insurance, coinsurance, and reinsurance against political and credit risks of loss. The aggregate amount of guarantees, insurance, coinsurance, and reinsurance which may be charged on this fractional basis pursuant to this section shall not exceed $25,000,000,000 outstanding at any one time. Fees and premiums shall be charged in connection with such contracts commensurate, in the judgment of the Bank, with risks covered.”

Subsec. (c)(3). Pub. L. 102–429, § 105, designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

Subsec. (d)(2) to (5). Pub. L. 102–429, § 107, added pars. (2) to (5) and struck out former pars. (2) and (3) which read as follows:

“(2) In furtherance of such effort, the Chairman of the Bank shall review Bank policies and programs in regard to this issue, and in coordination with the United States Trade Representative and the appropriate agencies of the Department of State, the Department of the Treasury, and the Department of Commerce, undertake actions designed to promote equal and nondiscriminatory opportunities to bid for insurance in connection with all aspects of international trade activities.

“(3) The Bank shall report to the Committee or Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate not later than May 15, 1984, regarding—

“(A) the existing obstacles to equal and nondiscriminatory bidding for insurance related to transactions assisted by the Bank;

“(B) the efforts that the Bank has taken in addressing such problems; and

“(C) recommendations for such legislative or administrative actions as the Bank considers necessary.”

Subsec. (f). Pub. L. 102–429, § 121(a)(4), struck out subsec. (f) which related to interest subsidy payments.

1991—Subsec. (b)(3). Pub. L. 102–145, § 121(2), (3), as added by Pub. L. 102–266, amended par. (3) in introductory provisions by redesignating cl. (iii) as (ii) and striking out “(ii) in an amount which equals or exceeds $25,000,000 for the export of goods or services involving research, exploration, or production of fossil fuel energy resources in the Union of Soviet Socialist Republics,”.

1990—Subsec. (b)(6)(B)(vi). Pub. L. 101–513 and Pub. L. 101–623 amended cl. (vi) identically, substituting “1992” for “1990”.

1989—Subsec. (a)(1). Pub. L. 101–240, § 101(c), substituted “Subject to regulations which the Bank shall issue pursuant to section 553 of title 5, the Bank may” for “The Bank may” in sixth sentence and inserted before period “, and may accept reimbursement for travel and subsistence expenses incurred by a director, officer, or employee of the Bank, in accordance with subchapter I of chapter 57 of title 5” and inserted before period in seventh sentence “and shall be offset against the expenses of the Bank for such activities”.

Subsec. (b)(6)(G). Pub. L. 101–240, § 101(d), substituted “subparagraphs (B), (C), (D), and (F)” for “this paragraph”.

Subsec. (b)(12). Pub. L. 101–240, § 102, added par. (12).

Subsec. (f)(2). Pub. L. 101–240, § 101(a)(1), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “Authority to make payments subject to minimum amount of direct loan authority.—The authority to enter into commitments to make interest subsidy payments under paragraph (1) shall be effective for any fiscal year only if the aggregate principal amount of direct loans the Bank may obligate in such fiscal year is equal to or greater than $700,000,000.”

Subsec. (f)(3). Pub. L. 101–240, § 101(a)(1), (2), redesignated par. (4) as (3) and amended it generally. Prior to amendment, such par. read as follows:

“(A) In general.—Subject to subparagraph (B), there are authorized to be appropriated to the Bank, for any fiscal year beginning after fiscal year 1986, such sums as may be necessary to carry out the purposes of this subsection.

“(B) Budget scoring.—No amount is authorized to be appropriated for commitments to make interest subsidy payments on loans for which the Bank extends a loan guarantee commitment if any amount of such loan guarantee commitment is scored as budget authority in any estimate of budget authority prepared pursuant to any provision of the Congressional Budget and Impoundment Control Act of 1974.” Former par. (3) redesignated (2).

Subsec. (f)(4), (5). Pub. L. 101–240, § 101(a)(1), (3), redesignated par. (5) as (4) and substituted “1991” for “1988”. Former par. (4) redesignated (3).

1988—Subsec. (b)(6). Pub. L. 100–690 designated existing provision as subpar. (A), substituted “subparagraph” for “paragraph”, and added subpars. (B) to (G).

Subsec. (e)(1)(A)(i). Pub. L. 100–418, § 3304(a), substituted “commodity will first be sold” for “productive capacity is expected to become operative”.

Subsec. (e)(2). Pub. L. 100–418, § 3304(b), substituted “short- and long-term injury” for “injury” and “producers and employment” for “producers”.

Subsec. (e)(3). Pub. L. 100–418, § 3304(c), added par. (3).

1986—Subsec. (a)(1). Pub. L. 99–472, § 2, inserted provisions which related to imposition and collection of reasonable fees by Bank to cover costs of conferences and seminars sponsored, and publications provided, by Bank, and credit of amounts thus received to fund which initially paid for such activities.

Subsec. (a)(3). Pub. L. 99–472, § 4, added par. (3).

Subsec. (b)(1)(B). Pub. L. 99–472, §§ 3, 5, substituted “need not be identical in all respects to those” for “need not be equivalent to those” and inserted provisions which prohibited Bank from imposing credit application fee unless Bank’s fee is competitive with average fee charged by Bank’s primary foreign competitors, and option of paying fee at outset of, or over life of, loan is given to borrower or exporter, and present value of fee determined under either option is same amount.

Subsec. (b)(1)(E)(ix). Pub. L. 99–472, § 6, added cl. (ix).

Subsec. (b)(1)(G). Pub. L. 99–472, § 7, added subpar. (G).

Subsec. (b)(2). Pub. L. 99–472, § 8, amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Bank in the exercise of its functions shall not guarantee, insure, or extend credit, or participate in any extension of credit—

“(A) in connection with the purchase or lease of any product by a Communist country (as defined in section 2370(f) of title 22), or agency, or national thereof, or

“(B) in connection with the purchase or lease of any product by any other foreign country, or agency or national thereof, if the product to be purchased or leased by such other country, agency, or national is, to the knowledge of the Bank, principally for use in, or sale or lease to, a Communist country (as so defined),

unless the President determines that guarantees, insurance, or extensions of credit in connection therewith to such Communist or such other country or agency or national thereof would be in the national interest. The President shall make a separate determination with respect to each transaction in which the bank would extend a loan to such Communist or other country, or agency, or national thereof an amount of $50,000,000 or more. Any determination required under the first sentence of this paragraph shall be reported to the Congress not later than the earlier of thirty days following the date of such determination, or the date on which the Bank takes final action on a transaction which is the first transaction involving such country or agency or national after January 4, 1975, unless a determination with respect to such country or agency or national has been made and reported prior to January 4, 1975. Any determination required to be made under the second sentence of this paragraph shall be reported to the Congress not later than the earlier of thirty days following the date of such determination or the date on which the Bank takes final action on the transaction involved.”

Subsec. (b)(6). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Subsec. (b)(9). Pub. L. 99–440 designated existing provisions of par. (9) as subpar. (A), substituted “Except as provided in subparagraph (B), in no event” for “In no event”, and added subpar. (B).

Subsec. (b)(11). Pub. L. 99–472, § 9, added par. (11).

Subsec. (c)(3). Pub. L. 99–472, § 10, added par. (3).

Subsecs. (e), (f). Pub. L. 99–472, §§ 11, 20(a), added subsecs. (e) and (f).

1983—Subsec. (a)(1). Pub. L. 98–181, § 616(a)(1), substituted “the exchange of commodities and services” for “the exchange of commodities”.

Subsec. (a)(2). Pub. L. 98–181, § 622, added par. (2).

Subsec. (b)(1)(A). Pub. L. 98–181, §§ 612(a), 616(a)(2), in second sentence inserted “in all its programs” after “To meet this objective”, inserted “fully” after “other conditions which are”, and substituted “exports of goods and services” for “exports”.

Subsec. (b)(1)(B). Pub. L. 98–181, §§ 612(b), (c), 618(a)(1), substituted provisions that loans under this section shall bear interest at rates consistent with the Bank’s mandate to support exports at rates and on terms and conditions which are fully competitive with exports of other countries, and consistent with international agreements, and that such rates, terms and conditions need not be equivalent to those offered by foreign countries, but should be established so as to neutralize the effect of such foreign credit on international sales competition, and that the Board shall consider its average cost of money in determination of interest rates, where such consideration does not impair the Bank’s function of expanding exports through fully competitive financing for provisions that loans made by the Bank had to be at interest at rates determined by the Board of Directors of the Bank, taking into consideration the average cost of money to the Bank as well as the Bank’s mandate to support United States exports at rates and on terms and conditions which were competitive with exports of other countries; inserted “export trading companies,” after “independent export firms,”; and struck out provision which required the Bank to give due recognition to the policy stated in section 631(a) of Title 15 that the government should aid, counsel, assist, and protect the interests of small business in order to preserve free competitive enterprise, and that in furtherance of this policy the Board of Directors had to designate an officer of the Bank to handle small business concerns, including advising small businessmen and maintaining liaison with the Small Business Administration and other departments and agencies in matters affecting small business concerns.

Subsec. (b)(1)(D). Pub. L. 98–181, § 616(a)(3), added subpar. (D).

Subsec. (b)(1)(E). Pub. L. 98–181, § 618(a)(2), added subpar. (E).

Subsec. (b)(1)(F). Pub. L. 98–181, § 618(c), added subpar. (F).

Subsec. (b)(3). Pub. L. 98–181, § 619(b), substituted “no loan or financial guarantee or general guarantee or insurance facility” for “no loan or financial guarantee” in provisions preceding subpar. (A).

Subsec. (b)(3)(A). Pub. L. 98–181, § 619(c), inserted language limiting existing provisions to loans or financial guarantees, designated existing provisions as cls. (i), (ii), and (iii), and added cl. (iv).

Subsec. (b)(4). Pub. L. 98–181, § 620(a), substituted “the Secretary” for “he” before “determines that any country” in first sentence, and before “has determined to have so acted” in second sentence.

Subsec. (b)(7) to (10). Pub. L. 98–181, § 619(d), redesignated second par. (7) and par. (8), as added by Pub. L. 95–630, as pars. (8) and (9), respectively, and added par. (10).

Subsec. (d). Pub. L. 98–181, § 617, added subsec. (d).

1980—Subsec. (b)(1)(A). Pub. L. 96–470 substituted “annual” for “semiannual” in three places.

1978—Subsec. (b)(1)(A). Pub. L. 95–630, § 1910, substituted “manufactured goods, agricultural products, and other goods and services” for “goods and related services”.

Subsec. (b)(1)(B). Pub. L. 95–630, §§ 1904, 1916, inserted “that the Bank should give emphasis to assisting new and small business entrants in the agricultural export market, and shall, in cooperation with other relevant Government agencies, including the Commodity Credit Corporation, develop a program of education to increase awareness of export opportunities among small agribusinesses and cooperatives;” after “in matters affecting small business concerns;” and substituted “and shall give particular emphasis to the objective of strengthening the competitive position of the United States exporters and thereby of expanding total United States exports. Only in cases where the President determines that such action would be in the national interest where such action would clearly and importantly advance United States policy in such areas as international terrorism, nuclear proliferation, environmental protection and human rights, should the Export-Import Bank deny applications for credit for nonfinancial or noncommercial considerations” for “and shall also take into account, in consultation with the Secretary of State, the observance of and respect for human rights in the country to receive the exports supported by a loan or financial guarantee and the effect such exports may have on human rights in such country”.

Subsec. (b)(1)(C). Pub. L. 95–630, § 1907(a), added subpar. (C).

Subsec. (b)(3). Pub. L. 95–630, § 1902, substituted “Except as provided by the fourth sentence of this paragraph, no loan” for “No loan” and “$100,000,000” for “$60,000,000” and inserted provisions following subpar. (B).

Subsec. (b)(7) to (9). Pub. L. 95–630, §§ 1909, 1915, added a second par. (7) and par. (8), which were editorially designated pars. (8) and (9). See 1983 Amendment note above.

Subsec. (c)(1). Pub. L. 95–630, § 1903, substituted “$25,000,000,000” for “$20,000,000,000”.

1977—Subsec. (b)(1)(A). Pub. L. 95–143, § 1, inserted “and shall, in cooperation with other appropriate United States Government agencies, seek to reach international agreements to reduce government subsidized export financing” after “government-supported export financing”.

Subsec. (b)(1)(B). Pub. L. 95–143, § 2, inserted “, and shall also take into account, in consultation with the Secretary of State, the observance of and respect for human rights in the country to receive the exports supported by a loan or financial guarantee and the effect such exports may have on human rights in such country” after “employment in the United States”.

Subsec. (b)(3). Pub. L. 95–143, § 3(a), inserted “(i)” after “No loan or financial guarantee or combination thereof” and “, or (iii) for the export of technology, fuel, equipment, materials, or goods or services to be used in the construction, alteration, operation, or maintenance of nuclear power, enrichment, reprocessing, research, or heavy water production facilities,” after “Union of Soviet Socialist Republics” and substituted “, (ii) in an amount” for “shall be finally approved by the Board of Directors of the Bank, and no loan or financial guarantee or combination thereof”.

Subsec. (b)(4) to (7). Pub. L. 95–143, § 3(b), (c), added par. (4), redesignated former par. (4) as (5) and, as so redesignated, added cl. (C), and redesignated former pars. (5) and (6) as (6) and (7), respectively.

1975—Subsec. (a)(1). Pub. L. 93–646, § 2, inserted provisions authorizing the Bank to guarantee, insure, coinsure, and reinsure against political and credit risks of loss, to represent itself or to contract for representation in all legal and arbitral proceedings outside the United States, and to publish any documents, reports, etc., without regard to section 501 of title 44, whenever compliance with such section would not be practicable.

Subsec. (a)(2). Pub. L. 93–646, § 13, eff. at the close of Sept. 30, 1976, repealed par. (2), which related to inclusion of receipts and disbursements of the bank in the federal budget and exemption of such receipts and disbursements from budget limitations, to the transmittal to Congress of a budget for program activities and for administrative expenses of the bank, and to the annual report of the net lending of the bank.

Subsec. (b)(1). Pub. L. 93–646, § 3, designated existing provisions as subpars. (A) and (B), and as so designated, substituted provisions requiring a comparison of the rates and terms of the Bank with other countries for provisions requiring a report to include ways in which the Bank’s terms are equal to or superior to those of other countries, and inserted provisions requiring the appointment of a Bank officer to be responsible for all matters affecting small business, and to act as liaison with the Small Business Administration and other agencies in matters affecting small business concerns, in order to carry out the policy of the Small Business Act.

Subsec. (b)(2). Pub. L. 93–646, § 4, inserted provision requiring a separate Presidential determination of national interest with respect to each transaction over $50,000,000, and substituted provision requiring a report to Congress either within 30 days of the President’s finding or on the day the Bank takes final action on the proposed credit, whichever is earlier, for provision requiring a report of his finding to Congress within thirty days after making such finding.

Subsec. (b)(3) to (6). Pub. L. 93–646, § 5, added par. (3) and redesignated former pars. (3), (4), and (5) as (4), (5) and (6), respectively.

Subsec. (c)(1). Pub. L. 93–646, § 6, removed the $10 billion limit on the Bank’s insurance authority, and increased the Bank’s authority to charge such guarantees and insurance on a fractional charge basis from $10 billion to $20 billion.

1971—Subsec. (a). Pub. L. 92–126, § 1(b)(1), designated existing provisions as par. (1) and added par. (2).

Subsec. (b)(1). Pub. L. 92–126, § 1(b)(6), inserted provisions declaring the policy of the United States to be to foster expansion of goods and related services, contributing to the proposition and maintenance of high levels of employment and real income and to the increased development of the productive resources of the United States and laid down directives to achieve this objective.

Subsec. (b)(3). Pub. L. 92–126, § 1(b)(5), substituted provisions prohibiting the Bank from extending assistance in export sales to any nation which engages in armed conflict with the United States or to any other nation when the export is to be used principally by or in any nation which engages in armed conflict with the United States and further prohibiting such assistance to any export sales which the President determines would be contrary to the national interest for provisions placing limitations on the Bank’s activity in connection with any nation which supplies goods or assistance to a country with whom the United States is engaged in armed conflict.

Subsec. (c)(1). Pub. L. 92–126, § 1(b)(2), increased the amount of insurance outstanding at any one time from “$3,500,000,000” to “$10,000,000,000”.

1968—Subsec. (a). Pub. L. 90–267, § 1(a), changed name of “Export-Import Bank of Washington” to “Export-Import Bank of the United States”.

Subsec. (b)(1). Pub. L. 90–267, § 1(b), designated existing provisions as par. (1) and required the Board of Directors when authorizing loans to take into account the possible adverse effects upon the economy of the United States.

Subsec. (b)(2) to (5). Pub. L. 90–267, § 1(c), added pars. (2) to (5).

Subsec. (c)(1). Pub. L. 90–267, § 1(a), (c), increased amount of insurance outstanding at any one time from $2,000,000,000 to $3,500,000,000 and changed name of “Export-Import Bank of Washington” to “Export-Import Bank of the United States”.

1963—Subsec. (c)(1). Pub. L. 88–101 substituted “$2,000,000,000” for “$1,000,000,000”.

1961—Subsec. (c). Pub. L. 87–311 amended subsection generally, and among other changes, authorized the Bank to guarantee, insure, coinsure, and reinsure United States exporters and foreign exporters doing business in the United States, increased the maximum amount of insurance, etc., outstanding at any one time to $1,000,000,000, limited the types of risks the Bank would insure, etc., to political and credit risks, required reserves to be maintained at not less than 25 per centum of the related contractual liability of the Bank, provided that for contracts of insurance, etc., only the Bank’s liabilities represented by the aforementioned reserves shall be considered for purposes of applying the limitations of section 635e of this title, required the charging of fees and premiums, and authorized issuance of insurance, etc., to exporters, insurance companies, financial institutions, or others, and where appropriate, to employ any of the same as agent, and struck out provisions authorizing insurance for the benefit of United States citizens against loss of tangible personal property of United States origin, exported from the United States, and located in a friendly country, from hostile or warlike actions including internal strife, or from governmental confiscation or expropriation, to the extent owned by the assured or constituting security for obligations owed the assured, limiting the issuance of insurance to the extent that it could not be obtained from private companies authorized to do business in the United States, or from United States Government agencies providing marine or air war-risk insurance, permitting reinsurance of companies authorized to do an insurance business in the United States, or to use such company or companies as agent, and limiting the term of coverage of any insurance issued to one year, subject to renewals or extensions, from time to time, of one year periods.

1953—Subsec. (c). Act May 21, 1953, added subsec. (c).

1947—Subsec. (a). Act June 9, 1947, provided for the reincorporation of the Bank as a corporate agency of the United States and specifically provided for the following powers which the bank formerly possessed by implication: (1) to acquire stock through the enforcement of any lien or pledge or to satisfy an indebtedness; (2) to sue and be sued, to complain and defend in any court of competent jurisdiction; (3) to use the United States mails as any other executive department; and (4) after provision for possible losses to use the net earnings as dividends on capital stock and to deposit said dividends as miscellaneous receipts in the Treasury.

1945—Subsec. (a). Act Dec. 28, 1945, inserted “(or the Philippine Islands)” after “any foreign country”.

Pub. L. 116–94, div. I, title IV, § 404(b), Dec. 20, 2019, 133 Stat. 3023, provided that:

Pub. L. 114–94, div. E, title LII, § 52001(b), Dec. 4, 2015, 129 Stat. 1767, provided that:

Pub. L. 114–94, div. E, title LIV, § 54001(d), Dec. 4, 2015, 129 Stat. 1768, provided that:

Pub. L. 114–94, div. E, title LIV, § 54002(e), Dec. 4, 2015, 129 Stat. 1769, provided that:

Pub. L. 112–122, § 25, May 30, 2012, 126 Stat. 364, provided that:

Pub. L. 103–428, § 1(c), Oct. 31, 1994, 108 Stat. 4376, as amended by Pub. L. 105–121, § 4, Nov. 26, 1997, 111 Stat. 2529; Pub. L. 109–438, § 4, Dec. 20, 2006, 120 Stat. 3269; Pub. L. 112–122, § 24, May 30, 2012, 126 Stat. 364; Pub. L. 112–136, § 1, June 21, 2012, 126 Stat. 385; Pub. L. 114–94, div. E, title LIV, § 54001(b), Dec. 4, 2015, 129 Stat. 1768, provided that:

[Pub. L. 113–235, div. J, title VI, Dec. 16, 2014, 128 Stat. 2598, provided in part:

[Prior similar extensions of section 1(a) and (b) of Pub. L. 103–428 were contained in the following acts:

[Pub. L. 113–76, div. K, title VI, Jan. 17, 2014, 128 Stat. 489.

[Pub. L. 112–74, div. I, title VI, Dec. 23, 2011, 125 Stat. 1191.

[Pub. L. 111–117, div. F, title VI, Dec. 16, 2009, 123 Stat. 3341.

[Pub. L. 111–8, div. H, title VI, Mar. 11, 2009, 123 Stat. 858.

[Pub. L. 110–161, div. J, title II, Dec. 26, 2007, 121 Stat. 2289.

[Pub. L. 109–102, title I, Nov. 14, 2005, 119 Stat. 2172.

[Pub. L. 108–447, div. D, title I, Dec. 8, 2004, 118 Stat. 2968.

[Pub. L. 108–199, div. D, title I, Jan. 23, 2004, 118 Stat. 143.

[Pub. L. 108–7, div. E, title I, Feb. 20, 2003, 117 Stat. 159.

[Pub. L. 107–229, § 129, as added by Pub. L. 107–240, § 5, Oct. 11, 2002, 116 Stat. 1494.]

[For provisions continuing functions of Export-Import Bank of the United States through June 14, 2002, notwithstanding section 1(c) of Pub. L. 103–428, set out above, see Continuation of Bank Functions note set out under section 635f of this title.]

Amendment by Pub. L. 103–236 effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103–236, set out as an Effective Date note under section 6301 of Title 22, Foreign Relations and Intercourse.

Pub. L. 95–630, title XIX, § 1917, Nov. 10, 1978, 92 Stat. 3727, provided that:

Pub. L. 114–94, div. E, § 50001, Dec. 4, 2015, 129 Stat. 1763, provided that:

Pub. L. 112–122, § 1(a), May 30, 2012, 126 Stat. 350, provided that:

Pub. L. 109–438, § 1(a), Dec. 20, 2006, 120 Stat. 3268, provided that:

Pub. L. 107–189, § 1(a), June 14, 2002, 116 Stat. 698, provided that:

Pub. L. 105–121, § 1(a), Nov. 26, 1997, 111 Stat. 2528, provided that:

Pub. L. 102–429, § 1(a), Oct. 21, 1992, 106 Stat. 2186, provided that:

Pub. L. 100–418, title III, § 3301, Aug. 23, 1988, 102 Stat. 1383, provided that:

Pub. L. 99–472, § 1, Oct. 15, 1986, 100 Stat. 1200, provided that:

Pub. L. 98–181, title I [title VI, § 601], Nov. 30, 1983, 97 Stat. 1254, provided that:

For short title of title I [part C (§§ 641–647) of title VI] of Pub. L. 98–181, which enacted subchapter III (§ 635o et seq.) of this chapter and section 1671g of Title 19 and amended sections 1671a and 1671b of Title 19, as the “Trade and Development Enhancement Act of 1983”, see Short Title note set out under section 635o of this title.

Pub. L. 97–35, title III, § 380, Aug. 13, 1981, 95 Stat. 431, provided that:

Pub. L. 95–630, title XIX, § 1901, Nov. 10, 1978, 92 Stat. 3724, provided:

Pub. L. 93–646, § 1, Jan. 4, 1975, 88 Stat. 2333, provided that:

Pub. L. 92–126, § 1(a), Aug. 17, 1971, 85 Stat. 345, provided that:

Act July 31, 1945, ch. 341, § 1, 59 Stat. 526, provided:

Pub. L. 116–94, div. I, title IV, § 402(c), Dec. 20, 2019, 133 Stat. 3023, provided that:

Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of Title 22, Foreign Relations and Intercourse, and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of Title 22.

A Board of Directors was reestablished for the Export-Import Bank of Washington by section 1 of act Aug. 9, 1954, ch. 660, 68 Stat. 677, amending section 635a of this title. The Board had previously been abolished and its functions transferred to the Managing Director of the Bank by Reorg. Plan No. 5 of 1953, eff. June 30, 1953, 18 F.R. 3741, 67 Stat. 637, set out as a note under section 635a of this title. The 1953 Reorg. Plan was superseded by sections 1, 4 of act Aug. 9, 1954. See section 635a of this title and 1954 Amendment and Effective Date of 1954 Amendment notes thereunder.

The Export-Import Bank of Washington was organized as a District of Columbia banking corporation under Ex. Ord. No. 6581, Feb. 2, 1934. It was continued as an agency of the United States by act Jan. 31, 1935, ch. 2, § 9, 49 Stat. 4, formerly set out as section 713b of Title 15, Commerce and Trade, as amended by acts Jan. 26, 1937, ch. 6, § 2(a), 50 Stat. 5; Mar. 4, 1939, ch. 5, § 1(b)(c), 53 Stat. 510; Mar. 2, 1940, ch. 34, 54 Stat. 38; Sept. 26, 1940, ch. 734, § 3, 54 Stat. 962, and repealed by section 10 of act July 31, 1945. The Second Export-Import Bank of Washington, D.C., was established under Ex. Ord. No. 6638, Mar. 9, 1934. Its commitments were transferred to the Export-Import Bank of Washington and it was abolished by Ex. Ord. No. 7365, May 7, 1936, 1 F.R. 372. The “Export-Import Bank of Washington” was re­named the “Export-Import Bank of the United States”. See the 1968 Amendment note under this section.

Sanctions contained in subsec. (b)(4) waived in certain regards with respect to India and Pakistan by the following Determinations of the President, set out as notes under section 2799aa–1 of Title 22, Foreign Relations and Intercourse:

Determination of President of the United States, No. 2000–4, Oct. 27, 1999, 64 F.R. 60649.

Determination of President of the United States, No. 2000–18, Mar. 16, 2000, 65 F.R. 16297.

Pub. L. 116–94, div. I, title IV, § 408, Dec. 20, 2019, 133 Stat. 3024, provided that:

Pub. L. 114–94, div. E, title LI, § 51008, Dec. 4, 2015, 129 Stat. 1766, provided that:

Pub. L. 112–122, § 12(a), May 30, 2012, 126 Stat. 357, provided that:

Pub. L. 112–122, § 18, May 30, 2012, 126 Stat. 360, provided that:

Pub. L. 109–438, § 3(b)(1), Dec. 20, 2006, 120 Stat. 3268, provided that:

Pub. L. 109–438, § 6(b)(1), Dec. 20, 2006, 120 Stat. 3272, provided that:

Pub. L. 109–438, § 6(b)(3), Dec. 20, 2006, 120 Stat. 3272, provided that:

Pub. L. 109–438, § 19, Dec. 20, 2006, 120 Stat. 3282, provided that:

Pub. L. 107–189, § 14, June 14, 2002, 116 Stat. 705, provided that:

Pub. L. 105–121, § 7(b), Nov. 26, 1997, 111 Stat. 2529, as amended by Pub. L. 107–189, § 6(c), June 14, 2002, 116 Stat. 700, provided that:

Pub. L. 102–429, title I, § 101, Oct. 21, 1992, 106 Stat. 2186, provided that:

Pub. L. 102–429, title I, § 119, Oct. 21, 1992, 106 Stat. 2197, directed Export-Import Bank of the United States, not later than 1 year after Oct. 21, 1992, to submit a report to Congress on ways of facilitating the export financing of high technology services.

Pub. L. 102–429, title I, § 120, Oct. 21, 1992, 106 Stat. 2197, directed Export-Import Bank, not later than 1 year after Oct. 21, 1992, to transmit to Congress a report analyzing present and future demand for loans, guarantees, and insurance for trade between the United States and the Baltic States, between the United States and the independent States of the former Soviet Union, and between the United States and Central and Eastern Europe, and to make recommendations regarding the adequacy of financing for trade between the United States and such countries.

Pub. L. 101–240, title I, § 103, Dec. 19, 1989, 103 Stat. 2496, provided that:

Pub. L. 101–179, title III, § 303, Nov. 28, 1989, 103 Stat. 1312, provided that:

Pub. L. 93–646, § 12, Jan. 4, 1975, 88 Stat. 2337, provided that, until Jan. 3, 1975, no loan, guarantee, insurance, or credit could be extended by the Export-Import Bank of the United States to the Union of Soviet Socialist Republics.

For delegation of functions of the President under subsec. (b)(6) of this section, see section 1(u) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16131, set out as a note under section 2751 of Title 22, Foreign Relations and Intercourse. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of Title 22 and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.

Ex. Ord. No. 12166, Oct. 19, 1979, 44 F.R. 60971, provided:

By the authority vested in me as President of the United States of America by Section 2(b)(1)(B) of the Export-Import Bank Act of 1945, as amended (12 U.S.C. 635(b)(1)(B)), and by Section 301 of Title 3 of the United States Code, it is hereby ordered as follows:

1–101. The function vested in the President by Section 2(b)(1)(B) of the Export-Import Bank Act of 1945, as amended (12 U.S.C. 635(b)(1)(B)), is delegated to the Secretary of State. That function is the authority to determine that a denial by the Export-Import Bank of an application for credit would be in the national interest, where such action could clearly and importantly advance United States policy in such areas as international terrorism, nuclear proliferation, environmental protection and human rights.

1–102. Before making such a determination, the Secretary of State shall consult with the Secretary of Commerce and the heads of other interested Executive agencies.

1–103. In accord with Section 2(b)(1)(B) of that Act, only in those cases where the Secretary of State has made such a determination should the Export-Import Bank deny an application for credit for nonfinancial or noncommercial considerations.

Memorandum of President of the United States, Mar. 23, 2007, 72 F.R. 18103, provided:

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby assign to you:

(1) the functions of the President under section 530 of the Foreign Relations Authorization Act for Fiscal Years 1994 and 1995 (Public Law 103–236) (22 U.S.C. 2429a–2); and

(2) the functions of the President under section 2(b)(4) of the Export-Import Bank Act of 1945, as amended (12 U.S.C. 635).

You are authorized and directed to publish this memorandum in the Federal Register.

The following Presidential Determinations determined that the listed countries had ceased to be Marxist-Leninist countries within the definition of such term in subsection (b)(2)(B)(i) of this section:

Determination No. 2009–20, June 12, 2009, 74 F.R. 28865.—Kingdom of Cambodia.

Determination No. 2009–21, June 12, 2009, 74 F.R. 28867.—Lao People’s Democratic Republic.