Pub. L. 102-429, tit. I, sec. 103
TIED AID CREDIT FUND EXTENSION.
SEC. 103. TIED AID CREDIT FUND EXTENSION. (a) In General.—Section 15(c)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 635i–3(c)(2)) is amended by striking “fiscal year 1992” and inserting “September 30, 1995”. (b) Authorization of Appropriations.—Section 15(e) of the Export-Import Bank Act of 1945 (12 U.S.C. 635i–3(e)) is amended to read as follows: “(e) Authorization.—There are authorized to be appropriated to the Fund $500,000,000 for each of fiscal years 1993, 1994, and 1995. Such sums are authorized to remain available until expended.”. (c) Technical and Conforming Amendments.—Section 15 of the Export-Import Bank Act of 1945 (12 U.S.C. 635i–3) is amended— (1) by striking “predacious” each place such term appears and inserting “predatory”; (2) in subsection (a)(5)— (A) by striking “temporary”; and (B) by striking “existing arrangement” and inserting “existing Arrangement”; (3) in subsection (b)(1)— (A) by striking “To carry out the purposes of subsection (a)(5), the” and inserting “The”; (B) in subparagraph (A), by inserting before the semi-colon the following: “and with special attention to matching 106 STAT. 2188 tied aid and partially untied aid credits extended by other governments— “(i) in violation of the Arrangement; or “(ii) in cases in which the Bank determines that United States trade or economic interests justify the matching of tied aid credits extended in compliance with the Arrangement, including grandfathered cases” ; and (C) in subparagraph (B), by striking “partially untied aid credits; and” and all that follows through the end of clause (ii), and inserting the following: “partially untied aid credits, and impedes negotiations or violates agreements on tied aid to eliminate the use of such credits for commercial purposes; or “(ii) engages in predatory financing practices that seek to circumvent international agreements on tied aid; or”; (4) in subsection (b)(2)(A), by striking “of the Treasury”; (5) in subsection (b)(2)(B), by striking “private financial institutions or entities” and inserting “United States exporters and private financial institutions or entities, and in consultation with other Federal agencies”; (6) in subsection (b)(4), by adding at the end the following: “The Bank shall also request and take into consideration the views of the private sector on principal sectors and key markets of countries described in paragraph (1)(B).”; (7) by amending paragraphs (1) and (2) of subsection (g) to read as follows: “(1) In general.— On or before October 15, 1992, and every 6 months thereafter, the Bank, in consultation with the Secretary, shall submit a report on tied aid credits to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives. “(2) Contents of reports.— Each report required under paragraph (1) shall contain a description of— “(A) the implementation of the Arrangement restricting tied aid and partially untied aid credits for commercial purposes, including the operation of notification and con-sultation procedures; “(B) all principal offers of tied aid credit financing by foreign countries during the previous 6-month period, including all offers notified by countries participating in the Arrangement, and in particular— “(i) offers grandfathered under the Arrangement; and “(ii) notifications of exceptions under the Arrangement; “(C) any use by the Bank of the Tied Aid Credit Fund to match specific offers, including those that are grand-fathered or exceptions under the Arrangement; and “(D) other actions by the United States Government to combat predatory financing practices by foreign governments, including additional negotiations among participating governments in the Arrangement”; and (8) in subsection (h)— 106 STAT. 2189 (A) by striking “For the purpose of this section—” and inserting “For purposes of this section, the following definitions shall apply:”; and (B) by adding at the end the following new paragraph: “(6) Offers grandfathered under the arrangement.— The term ‘offers grandfathered under the Arrangement’ means— “(A) financing offers made or lines of credit extended on or before February 15, 1992; or “(B) financing offers extended for subloans under lines of credit referred to in subparagraph (A) made on or before August 15, 1992, or, in the case of Mexico, on or before December 31, 1992.”.