12 U.S.C. § 635g-1 : US Code - Section 635G-1: Annual competitiveness report

Search 12 U.S.C. § 635g-1 : US Code - Section 635G-1: Annual competitiveness report

(a) In general
Not later than June 30 of each year, the Bank shall submit to the
appropriate congressional committees a report that includes the
following:
(1) Actions of Bank in providing financing on a competitive
basis, and to minimize competition in government-supported
export financing
A description of the actions of the Bank in complying with the
second and third sentences of section 635(b)(1)(A) of this title.
In this part of the report, the Bank shall include a survey of
all other major export-financing facilities available from other
governments and government-related agencies through which foreign
exporters compete with United States exporters (including through
use of market windows (as defined pursuant to section 635i-
3(h)(7) of this title)) and, to the extent such information is
available to the Bank, indicate in specific terms the ways in
which the Bank's rates, terms, and other conditions compare with
those offered from such other governments directly or indirectly.
With respect to the preceding sentence, the Bank shall use all
available information to estimate the annual amount of export
financing available from each such government and government-
related agency. In this part of the report, the Bank shall
include a survey of a representative number of United States
exporters and United States commercial lending institutions which
provide export credit on the experience of the exporters and
institutions in meeting financial competition from other
countries whose exporters compete with United States exporters.
(2) Role of Bank in implementing strategic plan prepared by the
Trade Promotion Coordinating Committee
A description of the role of the Bank in implementing the
strategic plan prepared by the Trade Promotion Coordinating
Committee in accordance with section 4727 of title 15.
(3) Tied aid credit program and fund
The report required by section 635i-3(g) of this title.
(4) Purpose of all Bank transactions
A description of all Bank transactions which shall be
classified according to their principal purpose, such as to
correct a market failure or to provide matching support.
(5) Efforts of Bank to promote export of goods and services
related to renewable energy sources
A description of the activities of the Bank with respect to
financing renewable energy projects undertaken under section
635(b)(1)(K) of this title, and an analysis comparing the level
of credit extended by the Bank for renewable energy projects with
the level of credit so extended for the preceding fiscal year.
(6) Size of Bank program account
A separate section which -
(A) compares, to the extent practicable, the size of the Bank
program account with the size of the program accounts of the
other major export-financing facilities referred to in
paragraph (1); and
(B) makes recommendations, if appropriate, with respect to
the relative size of the Bank program account, based on factors
including whether the size differences are in the best
interests of the United States taxpayer.
(7) Co-financing programs of the Bank and of other export credit
agencies
A description of the co-financing programs of the Bank and of
the other major export-financing facilities referred to in
paragraph (1), which includes a list of countries with which the
United States has in effect a memorandum of understanding
relating to export credit agency co-financing and, if such a
memorandum is not in effect with any country with a major export
credit-financing facility, an explanation of why such a
memorandum is not in effect.
(8) Services supported by the Bank and by other export credit
agencies
A separate section which describes the participation of the
Bank in providing funding, guarantees, or insurance for services,
which shall include appropriate information on the involvement of
the other major export-financing facilities referred to in
paragraph (1) in providing such support for services, and an
explanation of any differences among the facilities in providing
the support.
(9) Export finance cases not in compliance with the arrangement
Detailed information on cases reported to the Bank of export
financing that appear not to comply with the Arrangement (as
defined in section 635i-3(h)(3) of this title) or that appear to
exploit loopholes in the Arrangement for the purpose of obtaining
a commercial competitive advantage. The President of the Bank, in
consultation with the Secretary of the Treasury, may provide to
the appropriate congressional committees the information required
by this subsection in a separate and confidential report, instead
of providing such information in the report required by this
subsection.
(10) Foreign export credit agency activities not consistent with
the WTO agreement on subsidies and countervailing measures
A description of the extent to which the activities of foreign
export credit agencies and other entities sponsored by a foreign
government, particularly those that are not members of the
Arrangement (as defined in section 635i-3(h)(3) of this title),
appear not to comply with the Arrangement and appear to be
inconsistent with the terms of the Agreement on Subsidies and
Countervailing Measures referred to in section 3511(d)(12) of
title 19, and a description of the actions taken by the United
States Government to address the activities. The President of the
Bank, in consultation with the Secretary of the Treasury, may
provide to the appropriate congressional committees, the
information required by this subsection in a separate and
confidential report, instead of providing such information in the
report required by this subsection.
(b) Inclusion of additional comments
The report required by subsection (a) shall include such
additional comments as any member of the Board of Directors may
submit to the Board for inclusion in the report.
(c) Appropriate congressional committees
The term "appropriate congressional committees" means the
Committee on Financial Services of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of the Senate.