
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: 22USC2191a]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
                 SUBCHAPTER I--INTERNATIONAL DEVELOPMENT
 
                         Part II--Other Programs
 
           subpart iv--overseas private investment corporation
 
Sec. 2191a. Additional requirements


(a) Worker rights

                  (1) Limitation on OPIC activities

        The Corporation may insure, reinsure, guarantee, or finance a 
    project only if the country in which the project is to be undertaken 
    is taking steps to adopt and implement laws that extend 
    internationally recognized worker rights, as defined in section 
    2467(4) of title 19, to workers in that country (including any 
    designated zone in that country). The Corporation shall also include 
    the following language, in substantially the following form, in all 
    contracts which the Corporation enters into with eligible investors 
    to provide financial support under this subpart:
            ``The investor agrees not to take actions to prevent 
        employees of the foreign enterprise from lawfully exercising 
        their right of association and their right to organize and 
        bargain collectively. The investor further agrees to observe 
        applicable laws relating to a minimum age for employment of 
        children, acceptable conditions of work with respect to minimum 
        wages, hours of work, and occupational health and safety, and 
        not to use forced labor. The investor is not responsible under 
        this paragraph for the actions of a foreign government.''

             (2) Use of annual reports on workers rights

        The Corporation shall, in making its determinations under 
    paragraph (1), use the reports submitted to the Congress pursuant to 
    section 2464 of title 19. The restriction set forth in paragraph (1) 
    shall not apply until the first such report is submitted to the 
    Congress.

                             (3) Waiver

        Paragraph (1) shall not prohibit the Corporation from providing 
    any insurance, reinsurance, guaranty, or financing with respect to a 
    country if the President determines that such activities by the 
    Corporation would be in the national economic interests of the 
    United States. Any such determination shall be reported in writing 
    to the Congress, together with the reasons for the determination.

      (4) Operations of OPIC in the People's Republic of China

        In making a determination under this section for the People's 
    Republic of China, the Corporation shall discuss fully and 
    completely the justification for making such determination with 
    respect to each item set forth in subparagraphs (A) through (E) of 
    section 2467(4) of title 19.

(b) Environmental impact

    The Board of Directors of the Corporation shall not vote in favor of 
any action proposed to be taken by the Corporation that is likely to 
have significant adverse environmental impacts that are sensitive, 
diverse, or unprecedented, unless for at least 60 days before the date 
of the vote--
        (1) an environmental impact assessment or initial environmental 
    audit, analyzing the environmental impacts of the proposed action 
    and of alternatives to the proposed action has been completed by the 
    project applicant and made available to the Board of Directors; and
        (2) such assessment or audit has been made available to the 
    public of the United States, locally affected groups in the host 
    country, and host country nongovernmental organizations.

(c) Public hearings

    (1) The Board shall hold at least one public hearing each year in 
order to afford an opportunity for any person to present views as to 
whether the Corporation is carrying out its activities in accordance 
with section 2191 of this title and this section or whether any 
investment in a particular country should have been or should be 
extended insurance, reinsurance, guarantees, or financing under this 
subpart.
    (2) In conjunction with each meeting of its Board of Directors, the 
Corporation shall hold a public hearing in order to afford an 
opportunity for any person to present views regarding the activities of 
the Corporation. Such views shall be made part of the record.

(Pub. L. 87-195, pt. I, Sec. 231A, as added Pub. L. 99-204, Sec. 5(a), 
Dec. 23, 1985, 99 Stat. 1670; amended Pub. L. 100-418, title II, 
Sec. 2203(c), Aug. 23, 1988, 102 Stat. 1328; Pub. L. 102-549, title I, 
Sec. 102(a), Oct. 28, 1992, 106 Stat. 3651; Pub. L. 104-188, title I, 
Sec. 1954(b)(3), Aug. 20, 1996, 110 Stat. 1928; Pub. L. 106-158, 
Sec. 3(a), Dec. 9, 1999, 113 Stat. 1745.)


                               Amendments

    1999--Subsec. (b). Pub. L. 106-158, Sec. 3(a)(2) added subsec. (b). 
Former subsec. (b) redesignated (c).
    Subsec. (c). Pub. L. 106-158, Sec. 3(a)(1), (3), redesignated 
subsec. (b) as (c), designated existing provisions as par. (1), and 
added par. (2).
    1996--Subsec. (a)(1). Pub. L. 104-188, Sec. 1954(b)(3)(A), 
substituted ``2467(4)'' for ``2462(a)(4)''.
    Subsec. (a)(2). Pub. L. 104-188, Sec. 1954(b)(3)(B), substituted 
``2464'' for ``2465(c)''.
    Subsec. (a)(4). Pub. L. 104-188, Sec. 1954(b)(3)(C), substituted 
``2467(4)'' for ``2462(a)(4)''.
    1992--Subsec. (a)(1). Pub. L. 102-549 inserted at end provisions 
requiring Corporation to include certain language about employee rights 
in all contracts with eligible investors.
    1988--Subsec. (a)(4). Pub. L. 100-418 added par. (4).


                    Effective Date of 1999 Amendment

    Pub. L. 106-158, Sec. 3(b), Dec. 9, 1999, 113 Stat. 1746, provided 
that: ``The amendments made by subsection (a) [amending this section] 
shall take effect 90 days after the date of the enactment of this Act 
[Dec. 9, 1999].''


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-188 applicable to articles entered on or 
after Oct. 1, 1996, with provisions relating to retroactive application, 
see section 1953 of Pub. L. 104-188, set out as an Effective Date note 
under section 2461 of Title 19, Customs Duties.


                             Effective Date

    Section 5(b) of Pub. L. 99-204 provided that: ``Subsection (a) of 
section 231A [subsec. (a) of this section], as added by subsection (a) 
of this section, shall not apply to projects insured, reinsured, 
guaranteed, or financed before the date of the enactment of this Act 
[Dec. 23, 1985].''

                         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.
