22 U.S.C. § 5304 — International negotiations on exchange

Page 1645 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5304 SUBCHAPTER I—EXCHANGE RATES AND INTERNATIONAL ECONOMIC POLICY CO- ORDINATION § 5301. Short title This subchapter may be cited as the ‘‘Ex- change Rates and International Economic Pol- icy Coordination Act of 1988’’. (Pub. L. 100–418, title III, § 3001, Aug. 23, 1988, 102 Stat. 1372.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle A (§§ 3001–3006) of title III of Pub. L. 100–418, Aug. 23, 1988, 102 Stat. 1372, which is classified principally to this subchapter. For complete classification of subtitle A to the Code, see Tables. § 5302. Findings The Congress finds that— (1) the macroeconomic policies, including the exchange rate policies, of the leading in- dustrialized nations require improved coordi- nation and are not consistent with long-term economic growth and financial stability; (2) currency values have a major role in de- termining the patterns of production and trade in the world economy; (3) the rise in the value of the dollar in the early 1980’s contributed substantially to our current trade deficit; (4) exchange rates among major trading na- tions have become increasingly volatile and a pattern of exchange rates has at times devel- oped which contribute to substantial and per- sistent imbalances in the flow of goods and services between nations, imposing serious strains on the world trading system and frus- trating both business and government plan- ning; (5) capital flows between nations have be- come very large compared to trade flows, re- spond at times quickly and dramatically to policy and economic changes, and, for these reasons, contribute significantly to uncer- tainty in financial markets, the volatility of exchange rates, and the development of ex- change rates which produce imbalances in the flow of goods and services between nations; (6) policy initiatives by some major trading nations that manipulate the value of their currencies in relation to the United States dollar to gain competitive advantage continue to create serious competitive problems for United States industries; (7) a more stable exchange rate for the dollar at a level consistent with a more appropriate and sustainable balance in the United States current account should be a major focus of na- tional economic policy; (8) procedures for improving the coordina- tion of macroeconomic policy need to be strengthened considerably; and (9) under appropriate circumstances, inter- vention by the United States in foreign ex- change markets as part of a coordinated inter- national strategic intervention effort could produce more orderly adjustment of foreign exchange markets and, in combination with necessary macroeconomic policy changes, as- sist adjustment toward a more appropriate and sustainable balance in current accounts. (Pub. L. 100–418, title III, § 3002, Aug. 23, 1988, 102 Stat. 1372.) § 5303. Statement of policy It is the policy of the United States that— (1) the United States and the other major in- dustrialized countries should take steps to continue the process of coordinating mone- tary, fiscal, and structural policies initiated in the Plaza Agreement of September 1985; (2) the goal of the United States in inter- national economic negotiations should be to achieve macroeconomic policies and exchange rates consistent with more appropriate and sustainable balances in trade and capital flows and to foster price stability in conjunction with economic growth; (3) the United States, in close coordination with the other major industrialized countries should, where appropriate, participate in international currency markets with the ob- jective of producing more orderly adjustment of foreign exchange markets and, in combina- tion with necessary macroeconomic policy changes, assisting adjustment toward a more appropriate and sustainable balance in current accounts; and (4) the accountability of the President for the impact of economic policies and exchange rates on trade competitiveness should be in- creased. (Pub. L. 100–418, title III, § 3003, Aug. 23, 1988, 102 Stat. 1373.) § 5304. International negotiations on exchange rate and economic policies (a) Multilateral negotiations The President shall seek to confer and nego- tiate with other countries— (1) to achieve— (A) better coordination of macroeconomic policies of the major industrialized nations; and (B) more appropriate and sustainable lev- els of trade and current account balances, and exchange rates of the dollar and other currencies consistent with such balances; and (2) to develop a program for improving exist- ing mechanisms for coordination and improv- ing the functioning of the exchange rate sys- tem to provide for long-term exchange rate stability consistent with more appropriate and sustainable current account balances. (b) Bilateral negotiations The Secretary of the Treasury shall analyze on an annual basis the exchange rate policies of foreign countries, in consultation with the International Monetary Fund, and consider whether countries manipulate the rate of ex- change between their currency and the United States dollar for purposes of preventing effective balance of payments adjustments or gaining un- fair competitive advantage in international Page 1646 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5305 trade. If the Secretary considers that such ma- nipulation is occurring with respect to countries that (1) have material global current account surpluses; and (2) have significant bilateral trade surpluses with the United States, the Sec- retary of the Treasury shall take action to ini- tiate negotiations with such foreign countries on an expedited basis, in the International Mon- etary Fund or bilaterally, for the purpose of en- suring that such countries regularly and promptly adjust the rate of exchange between their currencies and the United States dollar to permit effective balance of payments adjust- ments and to eliminate the unfair advantage. The Secretary shall not be required to initiate negotiations in cases where such negotiations would have a serious detrimental impact on vital national economic and security interests; in such cases, the Secretary shall inform the chairman and the ranking minority member of the Committee on Banking, Housing, and Urban Affairs of the Senate and of the Committee on Banking, Finance and Urban Affairs of the House of Representatives of his determination. (Pub. L. 100–418, title III, § 3004, Aug. 23, 1988, 102 Stat. 1373.) 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. NEGOTIATIONS ON CURRENCY EXCHANGE RATES Pub. L. 100–418, title I, § 1124, Aug. 23, 1988, 102 Stat. 1146, provided that: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) the benefit of trade concessions can be ad- versely affected by misalignments in currency, and ‘‘(2) misalignments in currency caused by govern- ment policies intended to maintain an unfair trade advantage tend to nullify and impair trade conces- sions. ‘‘(b) NEGOTIATIONS.—Whenever, in the course of nego- tiating a trade agreement under this subtitle [subtitle A (§§ 1101 to 1125) of title I of Pub. L. 100–418, see Tables for classification], the President is advised by the Sec- retary of the Treasury that a foreign country that is a party to the negotiations satisfies the criteria for initi- ating bilateral currency negotiations listed in section 3004(b) of this Act [22 U.S.C. 5304(b)], the Secretary of the Treasury shall take action to initiate bilateral cur- rency negotiations on an expedited basis with such for- eign country.’’ § 5305. Reporting requirements (a) Reports required In furtherance of the purpose of this chapter, the Secretary, after consultation with the Chairman of the Board, shall submit to the Committee on Banking, Finance and Urban Af- fairs of the House of Representatives and the Committee on Banking, Housing, and Urban Af- fairs of the Senate, on or before October 15 of each year, a written report on international eco- nomic policy, including exchange rate policy. The Secretary shall provide a written update of developments six months after the initial re- port. In addition, the Secretary shall appear, if requested, before both committees to provide testimony on these reports. (b) Contents of report Each report submitted under subsection (a) shall contain— (1) an analysis of currency market develop- ments and the relationship between the United States dollar and the currencies of our major trade competitors; (2) an evaluation of the factors in the United States and other economies that underlie con- ditions in the currency markets, including de- velopments in bilateral trade and capital flows; (3) a description of currency intervention or other actions undertaken to adjust the actual exchange rate of the dollar; (4) an assessment of the impact of the ex- change rate of the United States dollar on— (A) the ability of the United States to maintain a more appropriate and sustain- able balance in its current account and mer- chandise trade account; (B) production, employment, and nonin- flationary growth in the United States; (C) the international competitive perform- ance of United States industries and the ex- ternal indebtedness of the United States; (5) recommendations for any changes nec- essary in United States economic policy to at- tain a more appropriate and sustainable bal- ance in the current account; (6) the results of negotiations conducted pur- suant to section 5304 of this title; (7) key issues in United States policies aris- ing from the most recent consultation re- quested by the International Monetary Fund under article IV of the Fund’s Articles of Agreement; and (8) a report on the size and composition of international capital flows, and the factors contributing to such flows, including, where possible, an assessment of the impact of such flows on exchange rates and trade flows. (Pub. L. 100–418, title III, § 3005(a), (b), Aug. 23, 1988, 102 Stat. 1374.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this title’’, meaning title III of Pub. L. 100–418, Aug. 23, 1988, 102 Stat. 1372, which enacted this chapter and section 262q of this title, amended sections 225a, 635, 635i–3, 1843, and 3912, of Title 12, Banks and Banking, and enacted provisions set out as notes under section 262q of this title and sections 635, 635i–3, and 1841 of Title 12. For complete classification of title III to the Code, see Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Com-