
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: 22USC2200b]

 
               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. 2200b. Prohibition on noncompetitive awarding of insurance 
        contracts on OPIC supported exports
        

(a) Requirement for certification

                           (1) In general

        Except as provided in paragraph (3), the investor on whose 
    behalf insurance, reinsurance, guaranties, or other financing is 
    provided under this subpart with respect to a project shall be 
    required to certify to the Corporation that any contract for the 
    export of goods as part of that project will include a clause 
    requiring that United States insurance companies have a fair and 
    open competitive opportunity to provide insurance against risk of 
    loss of such export.

                 (2) When certification must be made

        The investor shall be required, in every practicable case, to so 
    certify before the insurance, reinsurance, guarantee, or other 
    financing is provided. In any case in which such a certification is 
    not made in advance, the investor shall include in the certification 
    the reasons for the failure to make a certification in advance.

                            (3) Exception

        Paragraph (1) does not apply with respect to an investor who 
    does not, because of the nature of the investment, have a 
    controlling interest in fact in the project in question.

(b) Reports by United States Trade Representative

    The United States Trade Representative shall review the actions of 
the Corporation under subsection (a) of this section and, after 
consultation with representatives of United States insurance companies, 
shall report to the Congress in the report required by section 2241(b) 
of title 19 with respect to such actions.

(c) Definitions

    For purposes of this section--
        (1) the term ``United States insurance company'' includes--
            (A) an individual, partnership, corporation, holding 
        company, or other legal entity which is authorized, or in the 
        case of a holding company, subsidiaries of which are authorized, 
        by a State to engage in the business of issuing insurance 
        contracts or reinsuring the risk underwritten by insurance 
        companies; and
            (B) foreign operations, branches, agencies, subsidiaries, 
        affiliates, or joint ventures of any entity described in 
        subparagraph (A);

        (2) United States insurance companies shall be considered to 
    have had a ``fair and open competitive opportunity to provide 
    insurance'' if they--
            (A) have received notice of the opportunity to provide 
        insurance; and
            (B) have been evaluated on a nondiscriminatory basis; and

        (3) the term ``State'' includes the District of Columbia and any 
    commonwealth, territory, or possession of the United States.

(Pub. L. 87-195, pt. I, Sec. 240B, as added Pub. L. 102-549, title I, 
Sec. 109, Oct. 28, 1992, 106 Stat. 3654.)


                            Prior Provisions

    A prior section 2200b, Pub. L. 87-195, pt. I, Sec. 240B, as added 
Pub. L. 97-65, Sec. 10, Oct. 16, 1981, 95 Stat. 1024, related to return 
of appropriated funds, prior to repeal by Pub. L. 99-204, Sec. 15, Dec. 
23, 1985, 99 Stat. 1676.
