33 U.S.C. § 891e : US Code - Section 891E: Restriction with respect to certain shipyard subsidies

Search 33 U.S.C. § 891e : US Code - Section 891E: Restriction with respect to certain shipyard subsidies

(a) In general
The Secretary of Commerce may not award a contract for the
construction, repair (except emergency repairs), or alteration of
any vessel of the National Oceanic and Atmospheric Administration
in a shipyard, if that vessel benefits or would benefit from
significant subsidies for the construction, repair, or alteration
of vessels in that shipyard.
(b) "Significant subsidy" defined
In this section, the term "significant subsidy" includes, but is
not limited to, any of the following:
(1) Officially supported export credits.
(2) Direct official operating support to the commercial
shipbuilding and repair industry, or to a related entity that
favors the operation of shipbuilding and repair, including but
not limited to -
(A) grants;
(B) loans and loan guarantees other than those available on
the commercial market;
(C) forgiveness of debt;
(D) equity infusions on terms inconsistent with commercially
reasonable investment practices; and
(E) preferential provision of goods and services.
(3) Direct official support for investment in the commercial
shipbuilding and repair industry, or to a related entity that
favors the operation of shipbuilding and repair, including but
not limited to the kinds of support listed in paragraph (2)(A)
through (E), and any restructuring support, except public support
for social purposes directly and effectively linked to shipyard
closures.
(4) Assistance in the form of grants, preferential loans,
preferential tax treatment, or otherwise, that benefits or is
directly related to shipbuilding and repair for purposes of
research and development that is not equally open to domestic and
foreign enterprises.
(5) Tax policies and practices that favor the shipbuilding and
repair industry, directly or indirectly, such as tax credits,
deductions, exemptions, and preferences, including accelerated
depreciation, if such benefits are not generally available to
persons or firms not engaged in shipbuilding or repair.
(6) Any official regulation or practice that authorizes or
encourages persons or firms engaged in shipbuilding or repair to
enter into anticompetitive arrangements.
(7) Any indirect support directly related, in law or in fact,
to shipbuilding and repair at national yards, including any
public assistance favoring shipowners with an indirect effect on
shipbuilding or repair activities, and any assistance provided to
suppliers of significant inputs to shipbuilding, which results in
benefits to domestic shipbuilders.
(8) Any export subsidy identified in the Illustrative List of
Export Subsidies in the Annex to the Agreement on Subsidies and
Countervailing Measures referred to in section 3511(d)(12) of
title 19, or any other export subsidy prohibited by that
agreement.