Pub. L. 116-94, div. I, tit. IV, sec. 408 (as amended)

REPORTING ON FINANCING RELATED TO CHINA.

Year: 2025Length: 596 wordsOfficial source
SEC. 408. [12 U.S.C. 635 note] REPORTING ON FINANCING RELATED TO CHINA. (a) National Interest Report.—Before authorizing a loan or guarantee for a transaction in an amount greater than $25,000,000 for which the end user, lender, or obligor is the government of China, the President of the Export-Import Bank of the United States (in this section referred to as the “Bank”) shall— (1) report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that the Bank has consulted with the Secretary of State and any other relevant department or agency, as deemed appropriate by the President of the United States, to assess any risks posed by the entity or the transaction to the national interest of the United States; and (2) include a summary of the transaction and the consultation. (b) Form of Report.—The report described in subsection (a) shall be submitted in unclassified form but may include a classified annex. (c) Related Policies.— (1) The Board of Directors of the Bank shall prescribe policies for the Bank with respect to— (A) procedures required by the consultation described in subsection (a)(1); (B) establishment of a period of not less than 25 days to complete the consultations described in subsection (a) during which time consulted parties may submit any appropriate information to the Bank; and (C) efforts by the Bank to assess and determine ownership or control by the government of China pursuant to the requirements of subsection (a). (2) In prescribing the policies described under paragraph (1) of this subsection, the Board of Directors of the Bank shall— (A) consult with the Secretary of State with respect to the procedures referred to in subparagraphs (A) and (B) of paragraph (1) of this subsection, and seek to ensure that the procedures— (i) are consistent, wherever appropriate, with national interest determinations made under section 2(b)(1)(B) of the Export-Import Bank Act of 1945; and (ii) include coordination between the Secretary of State and the Director of National Intelligence, wherever appropriate; and (B) consult with the Secretary of the Treasury with respect to the efforts described in paragraph (1)(C) of this subsection. (d) Definition.—For the purposes of this section, the term “government of China” means any person that the Bank has reason to believe is— (1) the state and the government of China, as well as any political subdivision, agency, or instrumentality thereof; (2) any entity controlled, directly or indirectly, by any of the foregoing, including any partnership, association, or other entity in which any of the foregoing owns a 50 percent or greater interest or a controlling interest, and any entity which is otherwise controlled by any of the foregoing; (3) any person that is or has been acting or purporting to act, directly or indirectly, for or on behalf of any of the foregoing; and (4) any other person which the Secretary of the Treasury has notified the Bank is included in any of the foregoing. (e) Sunset.—This section shall have no force or effect on the earlier of-— (1) December 31, 2026; or (2) the date that is 30 days after the date that the President of the United States reports to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that China is in substantial compliance with— (A) the financial terms and conditions of the Arrangement on Officially Supported Export Credits of the Organization for Economic Cooperation and Development; and (B) the rules and principles of the Paris Club.
Cross-references to the US Code
12 U.S.C. 635 note
Pub. L. 116-94, div. I, tit. IV, sec. 408 (as amended): REPORTING ON FINANCING RELATED TO CHINA. | Justis AI