
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2185]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
                 SUBCHAPTER I--INTERNATIONAL DEVELOPMENT
 
                         Part II--Other Programs
 
         subpart iii--shelter and other credit guaranty programs
 
Sec. 2185. Trade credit insurance program for Poland


(a) General authority

          (1) Assurance to Export-Import Bank of repayment

        The President is authorized to provide guarantees to the Bank 
    for liabilities described in paragraph (2) in order to satisfy the 
    requirement of section 2(b)(1)(B) of the Export-Import Bank Act of 
    1945 (12 U.S.C. 635(b)(1)(B)) that the Bank have \1\ reasonable 
    assurance of repayment.
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    \1\ So in original. Probably should be ``has''.
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               (2) Liabilities which may be guaranteed

        The liabilities that may be guaranteed under paragraph (1) are 
    liabilities incurred by the Bank in connection with guarantees or 
    insurance provided under the Export-Import Bank Act of 1945 [12 
    U.S.C. 635 et seq.] for financing for transactions involving the 
    export of goods and services for the use of the private sector in 
    Poland.

(b) Guarantees available only for short-term guarantees and insurance

    Guarantees provided under subsection (a) of this section shall be 
for short-term guarantees and insurance extended by the Bank which shall 
be repayable within a period not to exceed one year from the date of 
arrival at the port of importation of the goods and services covered by 
such guarantees or insurance.

(c) Agreement on criteria and procedures

    Guarantees or insurance extended by the Bank and guaranteed pursuant 
to subsection (a) of this section shall be provided by the Bank in 
accordance with criteria and procedures agreed to by the Administrator 
and the Bank.

(d) Reserve fund

    The agreement referred to in subsection (c) of this section shall 
also provide for the establishment of a reserve fund by the 
administering agency, with such funds made available to the reserve as 
the Administrator deems necessary to discharge liabilities under 
guarantees provided under subsection (a) of this section.

(e) Discharge of liabilities

                     (1) Funds which may be used

        Such amounts of the funds made available to carry out part IV of 
    subchapter II of this chapter (relating to the economic support 
    fund) as the President determines are necessary may be made 
    available to discharge liabilities under guarantees entered into 
    under subsection (a) of this section.

                (2) Crediting of subsequent payments

        To the extent that any of the funds made available pursuant to 
    paragraph (1) are paid out for a claim arising out of liabilities 
    guaranteed under subsection (a) of this section, amounts received 
    after the date of such payment, with respect to such claim, shall be 
    credited to the reserve fund established pursuant to subsection (d) 
    of this section, shall be merged with the funds in such reserve, and 
    shall be available for the purpose of payments by the Administrator 
    to the Bank for guarantees under subsection (a) of this section.

(f) Appropriations action required

    Commitments to guarantee under subsection (a) of this section are 
authorized only to the extent and in the amounts provided in advance in 
appropriations Acts.

(g) Limitation on outstanding commitments

    The aggregate amount of outstanding commitments under subsection (a) 
of this section may not exceed $200,000,000 of contingent liability for 
loan principal during any fiscal year.

(h) Omitted

(i) Administrative and technical assistance

    The Bank shall provide, without reimbursement, such administrative 
and technical assistance to the administering agency as the Bank and the 
Administrator determine appropriate to assist the administering agency 
in carrying out this section.

(j) Fees and premiums

    The Bank is authorized to charge fees and premiums, in connection 
with guarantees or insurance guaranteed by the administering agency 
under subsection (a) of this section, that are commensurate (in the 
judgment of the Bank) with the Bank's administrative costs and the risks 
covered by the agency's guarantees. Any amounts received by the Bank in 
excess of the estimated costs incurred by the Bank in administering such 
guarantees or insurance--
        (1) shall be credited to the reserve fund established pursuant 
    to subsection (d) of this section,
        (2) shall be merged with the funds in such reserve, and
        (3) shall be available for the purpose of payments by the 
    administering agency to the Bank for guarantees under subsection (a) 
    of this section.

(k) Restrictions not applicable

    Prohibitions on the use of foreign assistance funds for assistance 
for Poland shall not apply with respect to the funds made available to 
carry out this section.

(l) Expiration of authority

    The President may not enter into any commitments to guarantee under 
subsection (a) of this section after September 30, 1992.

(m) Definitions

    For purposes of this section--
        (1) the term ``administering agency'' means the Agency for 
    International Development;
        (2) the term ``Administrator'' means the Administrator of the 
    Agency for International Development; and
        (3) the term ``Bank'' means the Export-Import Bank of the United 
    States.

(Pub. L. 87-195, pt. I, Sec. 225, as added Pub. L. 101-179, title III, 
Sec. 304(a), Nov. 28, 1989, 103 Stat. 1312.)

                       References in Text

    The Export-Import Bank Act of 1945, referred to in subsec. (a)(2), 
is act July 31, 1945, ch. 341, 59 Stat. 526, as amended, which is 
classified generally to subchapter I (Sec. 635 et seq.) of chapter 6A of 
Title 12, Banks and Banking. For complete classification of this Act to 
the Code, see Short Title note set out under section 635 of Title 12 and 
Tables.

                          Codification

    Subsec. (h) of this section, which required the Administrator and 
the President of the Bank, every 6 months, to prepare and transmit to 
the Speaker of the House of Representatives and the Chairman of the 
Committee on Foreign Relations of the Senate a report on the amount and 
extension of guarantees and insurance provided by the Bank and 
guaranteed under this section during the preceding 6-month period, 
terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 
104-66, as amended, set out as a note under section 1113 of Title 31, 
Money and Finance. See, also, page 148 of House Document No. 103-7.

                         Delegation of Functions

    For delegation of functions of President under this section, see Ex. 
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a 
note under section 2381 of this title.


                          Conforming Reference

    Section 304(c) of Pub. L. 101-179 provided that: ``With respect to 
Poland, any reference in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 [Pub. L. 101-167, Nov. 21, 
1989, 103 Stat. 1195], to section 224 of the Foreign Assistance Act of 
1961 [22 U.S.C. 2184] shall be deemed to be a reference to section 225 
of that Act [22 U.S.C. 2185] (as enacted by this section).''
