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12 U.S.C. § 635r — Establishment of tied aid credit program administered by Trade and Development Agency

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 635r — Establishment of tied aid credit program administered by Trade and Development Agency

**(a) Establishment and elements of program** The Director of the Trade and Development Agency shall carry out a program of tied aid credits for United States exports. The program shall be carried out in cooperation with the Export-Import Bank of the United States and with private financial institutions or entities, as appropriate. The program may include— (1) the combined use of the credits, loans, or guarantees offered by the Bank with concessional financing or grants made available under subsection (d), by methods including the blending of the financing of, or parallel financing by, the Bank and the Trade and Development Agency; and (2) the combination of concessional financing or grants made available under subsection (d) with financing offered by private financial institutions or entities, by methods including the blending of the financing of, or parallel financing by, the Trade and Development Agency and private institutions or entities. **(b) Combination of funds with financing by Export-Import Bank or private commercial financing** These funds may be combined with financing by the Export-Import Bank of the United States or private commercial financing in order to offer, or arrange for, financing for the exportation of United States goods and services which is substantially as concessional as foreign financing for which there is reasonable proof that such foreign financing is being offered to, or arranged for, a bona fide foreign competitor for a United States export sale. **(c) Limitation on use of Agency funds; authorization for establishment of fund** (1) Funds which are used to carry out a tied aid credit program authorized by subsections (a) and (b) shall be offered only to finance United States exports which can reasonably be expected to contribute to

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Stable record: federal_law:legal_authorities:record_usc_ada9100e37982beda7352c59
Source file: Laws/federal/codes/united-states-code/title-12/section-635r-establishment-of-tied-aid-credit-program-administered-by-trade-and-devel--75085b0af0.md
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Source location: Title 12, Chapter 6A, § 635r; chapter-6a-export-import-bank-of-the-united-states.md

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**(a) Establishment and elements of program** The Director of the Trade and Development Agency shall carry out a program of tied aid credits for United States exports. The program shall be carried out in cooperation with the Export-Import Bank of the United States and with private financial institutions or entities, as appropriate. The program may include— (1) the combined use of the credits, loans, or guarantees offered by the Bank with concessional financing or grants made available under subsection (d), by methods including the blending of the financing of, or parallel financing by, the Bank and the Trade and Development Agency; and (2) the combination of concessional financing or grants made available under subsection (d) with financing offered by private financial institutions or entities, by methods including the blending of the financing of, or parallel financing by, the Trade and Development Agency and private institutions or entities. **(b) Combination of funds with financing by Export-Import Bank or private commercial financing** These funds may be combined with financing by the Export-Import Bank of the United States or private commercial financing in order to offer, or arrange for, financing for the exportation of United States goods and services which is substantially as concessional as foreign financing for which there is reasonable proof that such foreign financing is being offered to, or arranged for, a bona fide foreign competitor for a United States export sale. **(c) Limitation on use of Agency funds; authorization for establishment of fund** (1) Funds which are used to carry out a tied aid credit program authorized by subsections (a) and (b) shall be offered only to finance United States exports which can reasonably be expected to contribute to the advancement of the development objectives of the importing country or countries, and shall be consistent with the economic, security, and political criteria used to establish country allocations of Economic Support Funds. (2) The Director of the Trade and Development Agency is authorized to establish a fund, as necessary, for carrying out a tied aid credit financing program as described in this section. **(d) Use of Economic Support Funds** Funds available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 [[22 U.S.C. 2346](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2346&num=0&edition=prelim) et seq.] may be used by the Director of the Trade and Development Agency, with the concurrence of the Secretary of State (as provided under section 531 of the Foreign Assistance Act of 1961 [[22 U.S.C. 2346](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2346&num=0&edition=prelim)]), for the purposes for which funds made available under this subsection are authorized to be used in [section 635q of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section635q&num=0&edition=prelim) and this section. The Secretary of State shall exercise his authority in cooperation with the Administrator of the Agency for International Development. Funds made available pursuant to this subsection may be used to finance a tied aid credit activity in any country eligible for tied aid credits under this subchapter.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1671g — Effect of derogation of Export-Import Bank financing

Nothing in this subtitle shall be interpreted as superseding the provisions of [section 635a–3 of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section635a–3&num=0&edition=prelim), except that in the event of an assessment of duty based on a derogation under [section 1671e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671e&num=0&edition=prelim) or action under [section 1671b(d)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/d/1/B&num=0&edition=prelim), the Secretary of the Treasury shall not authorize the Bank to provide guarantees, insurance and credits to competing United States sellers pursuant to [section 635a–3 of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section635a–3&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2151 — Congressional findings and declaration of policy

(a) United States development cooperation policy

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2346 — Authority

**(a) Policy requirements for assistance** The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may require economic support for countries or in amounts which could not be justified solely under part I of subchapter I of this chapter or, in the case of countries in sub-Saharan Africa, part X of subchapter I of this chapter. In such cases, the President is authorized to furnish assistance to countries and organizations, on such terms and conditions as he may determine, in order to promote economic or political stability. To the maximum extent feasible, the President shall provide assistance under this part consistent with the policy directions, purposes, and programs of subchapter I of this chapter. **(b) Responsibility for policy decisions and justifications** The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this part, including determinations of whether there will be an economic support program for a country and the amount of the program for each country. The Secretary shall exercise this responsibility in cooperation with the Administrator of the agency primarily responsible for administering subchapter I of this chapter. **(c) Detailed justification for uses and purposes of funds** As part of the annual presentation materials for foreign assistance submitted to the Congress, the agency primarily responsible for administering subchapter II of this chapter shall provide a detailed justification for the uses and the purposes of the funds provided under this part. Such material shall include, but not be limited to, information concerning the amounts and kinds of cash grant transfers, the amounts and kinds of budgetary an

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 635q — Establishment of tied aid credit program in United States Export-Import Bank

**(a) Establishment and elements of program; cooperation with Trade and Development Agency and private institutions and entities** (1) The Chairman of the Export-Import Bank of the United States shall establish, within the Export-Import Bank of the United States, a program of tied aid credits for United States exports. (2) The program shall be carried out in cooperation with the Trade and Development Agency and with private financial institutions or entities, as appropriate. (3) The program may include— (A) the combined use of the credits, loans, or guarantees offered by the Export-Import Bank of the United States with concessional financing or grants made available under [section 635r(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section635r/d&num=0&edition=prelim), by methods including the blending of the financing of, or parallel financing by, the Bank and the Trade and Development Agency; and (B) the combined use of credits, loans, or guarantees offered by the Bank, with financing offered by private financial institutions or entities, by methods including the blending of the financing of, or parallel financing by, the Bank and private institutions or entities. **(b) Purpose of program** The purpose of the tied aid credit program under this section is to offer or arrange for financing for the export of United States goods and services which is substantially as concessional as foreign financing for which there is reasonable proof that such foreign financing is being offered to, or arranged for, a bona fide foreign competitor for a United States export sale. **(c) Fund** The Chairman of the Bank is authorized to establish a fund, as necessary, for carrying out the tied aid credit program described in this section. **

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 635r — Establishment of tied aid credit program

Page 255 TITLE 12—BANKS AND BANKING § 635r ‘‘(A) The Administrator of the Agency for Inter- national Development shall transfer to the Director of the Trade and Development Program [now Trade and Development Agency] all records, contracts, applica- tions, and any other documents or information in con- nection with the functions transferred by virtue of the amendments made by subsection (c)(1) [amending sec- tions 635q and 635r of this title]. ‘‘(B) All determinations, regulations, and contracts— ‘‘(i) which have been issued, made, granted, or al- lowed to become effective by the President, the Agen- cy for International Development, or by a court of competent jurisdiction, in the performance of the functions transferred by virtue of the amendments made by subsection (c)(1), and ‘‘(ii) which are in effect at the time this section takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with the law by the President, the Direc- tor of the Trade and Development Program [now Trade and Development Agency], or other authorized official, by a court of competent jurisdiction, or by operation of law. ‘‘(C)(i) The amendments made by subsection (c)(1) shall not affect any proceedings, including notices of proposed rulemaking, or any application for any finan- cial assistance, which is pending on the effective date of this section [Aug. 23, 1988] before the Agency for International Development in the exercise of functions transferred by virtue of the amendments made by sub- section (c)(1). Such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. ‘‘(ii) Orders shall be issued in such proceedings, ap- peals shall be take

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2346 — Authority

Page 804 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2345 Executive Documents 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. § 2345. Repealed. Pub. L. 90–629, ch. 4, § 45(a), Oct. 22, 1968, 82 Stat. 1327 Section, Pub. L. 87–195, pt. II, § 525, formerly §§ 503(e), 509(b), as added Pub. L. 88–633, pt. II, § 201(a), (d), Oct. 7, 1964, 78 Stat. 1011; amended Pub. L. 89–171, pt. II, § 201(f), Sept. 6, 1965, 79 Stat. 657; renumbered § 525 and amended Pub. L. 90–137, pt. II, § 201(b)(3), (i)(2), Nov. 14, 1967, 81 Stat. 455, 457, provided for guaranties until June 30, 1968. See section 2764 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1968, see section 41 of Pub. L. 90–629, set out as an Effective Date note under section 2751 of this title. SAVINGS PROVISION Determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued under- taken, or entered into under authority of any provision of former section 2345 of this title as continuing in full force and effect until modified by appropriate author- ity, see section 46 of Pub. L. 90–629, set out as a note under former section 2341 of this title. PART IV—ECONOMIC SUPPORT FUND § 2346. Authority (a) Policy requirements for assistance The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may re- quire economic support for countries or in amounts which could not be justified solely under part I of subchapter I of this chapter or, in the case of countries in sub-Saharan Africa,

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