22 U.S.C. § 5353 — Fair trade in financial services

Page 1650 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5351 (F) long delays in processing applications and granting approvals for licenses to oper- ate; and (G) restrictions on foreign institutions’ participation in Ministry of Finance policy advisory councils. (b) Designation of certain persons as primary dealers prohibited (1) General rule Neither the Board of Governors of the Fed- eral Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, any person of a foreign country as a primary dealer in government debt instruments if such foreign country does not accord to United States companies the same competitive oppor- tunities in the underwriting and distribution of government debt instruments issued by such country as such country accords to do- mestic companies of such country. (2) Certain prior acquisitions excepted Paragraph (1) shall not apply to the continu- ation of the prior designation of a company as a primary dealer in government debt instru- ments if— (A) such designation occurred before July 31, 1987; and (B) before July 31, 1987— (i) control of such company was acquired from a person (other than a person of a for- eign country) by a person of a foreign country; or (ii) in conjunction with a person of a for- eign country, such company informed the Federal Reserve Bank of New York of the intention of such person to acquire control of such company. (c) Exception for countries having or negotiating bilateral agreements with United States Subsection (b) shall not apply to any person of a foreign country if— (1) that country, as of January 1, 1987, was negotiating a bilateral agreement with the United States under the authority of section 2112(b)(4)(A) of title 19; or (2) that country has a bilateral free trade area agreement with the United States which entered into force before January 1, 1987. (d) ‘‘Person of a foreign country’’ defined For purposes of this section, a person is a ‘‘person of a foreign country’’ if that person, or any other person which directly or indirectly owns or controls that person, is a resident of that country, is organized under the laws of that country, or has its principal place of business in that country. (e) Effective date This section shall take effect 12 months after August 23, 1988. (Pub. L. 100–418, title III, § 3502, Aug. 23, 1988, 102 Stat. 1386.) SUBCHAPTER IV—FINANCIAL REPORTS § 5351. Short title This subchapter may be cited as the ‘‘Finan- cial Reports Act of 1988’’. (Pub. L. 100–418, title III, § 3601, Aug. 23, 1988, 102 Stat. 1387.) § 5352. Quadrennial reports on foreign treatment of United States financial institutions Not less frequently than every 4 years, begin- ning December 1, 1990, the Secretary of the Treasury, in conjunction with the Secretary of State, the Board of Governors of the Federal Re- serve System, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, and the Department of Commerce, shall report to the Congress on (1) the foreign countries from which foreign financial services institutions have en- tered into the business of providing financial services in the United States, (2) the kinds of fi- nancial services which are being offered, (3) the extent to which foreign countries deny national treatment to United States banking organiza- tions and securities companies, and (4) the ef- forts undertaken by the United States to elimi- nate such discrimination. The report shall focus on those countries in which there are significant denials of national treatment which impact United States financial firms. The report shall also describe the progress of discussions pursu- ant to section 5353 of this title. (Pub. L. 100–418, title III, § 3602, Aug. 23, 1988, 102 Stat. 1387.) § 5353. Fair trade in financial services (a) Discussions When advantageous the President or his des- ignee shall conduct discussions with the govern- ments of countries that are major financial cen- ters, aimed at: (1) ensuring that United States banking or- ganizations and securities companies have ac- cess to foreign markets and receive national treatment in those markets; (2) reducing or eliminating barriers to, and other distortions of, international trade in fi- nancial services; (3) achieving reasonable comparability in the types of financial services permissible for financial service companies; and (4) developing uniform supervisory standards for banking organizations and securities com- panies, including uniform capital standards. (b) Consultation before discussions Before entering into those discussions, the President or his designee shall consult with the committees of jurisdiction in the Senate and the House of Representatives. (c) Recommendations After completing those discussions and after consultation with the committees of jurisdic- tion, the President shall transmit to the Con- gress any recommendations that have emerged from those discussions. Any recommendations for changes in United States financial laws or practices shall be accompanied by a description of the changes in foreign financial laws or prac- tices that would accompany action by the Con- gress, and by an explanation of the benefits that would accrue to the United States from adop- tion of the recommendations. Page 1651 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5401 (d) Construction of section Nothing in this section may be construed as prior approval of any legislation which may be necessary to implement any recommendations resulting from discussions under this section. (Pub. L. 100–418, title III, § 3603, Aug. 23, 1988, 102 Stat. 1387.) Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of the Treasury by section 1 of Ex. Ord. No. 12781, Nov. 20, 1991, 56 F.R. 59203, set out as a note under section 301 of Title 3, The President. § 5354. Banks loan loss reserves The Federal Reserve Board shall submit to the Committee on Banking, Housing, and Urban Af- fairs of the Senate and the Committee on Bank- ing, Finance and Urban Affairs of the House of Representatives a report on the issues raised by including loan loss reserves as part of banks’ primary capital for regulatory purposes by March 31, 1989. Such report shall include a re- view of the treatment of loan loss reserves and the composition of primary capital of banks in other major industrialized countries, and shall include an analysis as to whether loan loss re- serves should continue to be counted as primary capital for regulatory purposes. (Pub. L. 100–418, title III, § 3604, Aug. 23, 1988, 102 Stat. 1388.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Com- mittee on Banking and Financial Services of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con- gress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Rep- resentatives, and jurisdiction over matters relating to securities and exchanges and insurance generally trans- ferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. CHAPTER 63—SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED) Sec. 5401. Support for East European Democracy (SEED) Program. 5402. Scope of authority. SUBCHAPTER I—STRUCTURAL ADJUSTMENT 5411. Multilateral support for structural adjust- ment in Poland and Hungary. 5412. Stabilization assistance for Poland. 5413. Agricultural assistance. 5414. Debt-for-equity swaps and other special tech- niques. SUBCHAPTER II—PRIVATE SECTOR DEVELOPMENT 5421. Enterprise Funds for Poland and Hungary. 5422. Labor market transition in Poland and Hun- gary. 5423. Technical training for private sector develop- ment in Poland and Hungary. Sec. 5424. Peace Corps programs in Poland and Hun- gary. 5425. Use of Polish currency generated by agricul- tural assistance. 5426. United States policy of private financial sup- port for Polish and Hungarian credit unions. SUBCHAPTER III—EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES 5441. Educational and cultural exchanges and sis- ter institutions programs with Poland and Hungary. 5442. Poland-Hungary scholarship partnership. 5443. Science and technology exchange with Poland and Hungary. SUBCHAPTER IV—OTHER ASSISTANCE PROGRAMS 5451. Assistance in support of democratic institu- tions in Poland and Hungary. 5452. Environmental initiatives for Poland and Hungary. 5453. Medical supplies, hospital equipment, and medical training for Poland. SUBCHAPTER V—ADDITIONAL SEED PROGRAM ACTIONS 5461. Policy coordination of SEED Program. 5462. SEED Information Center System. 5463. Encouraging voluntary assistance for Poland and Hungary. 5464. Economic and commercial officers at United States embassies and missions in Poland and Hungary. SUBCHAPTER VI—REPORTS TO CONGRESS 5471. Report on initial steps taken by United States and on Poland’s requirement for ag- ricultural assistance. 5472. Report on confidence building measures by Poland and Hungary. 5473. Report on environmental problems in Poland and Hungary. 5474. Annual SEED Program report. 5475. Omitted. 5476. Notifications to Congress regarding assist- ance. SUBCHAPTER VII—MISCELLANEOUS PROVISIONS 5491. Suspension of SEED assistance. 5492. Declaration of the Republic of Hungary. 5493. Administrative expenses of Agency for Inter- national Development. 5494. Relation of provisions of this chapter to cer- tain provisions of appropriations acts. 5495. Certain uses of excess foreign currencies. § 5401. Support for East European Democracy (SEED) Program (a) SEED Program The United States shall implement, beginning in fiscal year 1990, a concerted Program of Sup- port for East European Democracy (which may also be referred to as the ‘‘SEED Program’’). The SEED Program shall be comprised of di- verse undertakings designed to provide cost-ef- fective assistance to those countries of Eastern Europe that have taken substantive steps to- ward institutionalizing political democracy and economic pluralism. (b) Objectives of SEED assistance The President should ensure that the assist- ance provided to East European countries pursu- ant to this chapter is designed—