22-U.S.C.-290K-3
§290K-3 – §290K-3. Opposition to Certain Guarantees Or Investment Promotions; Independent Evaluation of Guaranteed Investments
Pathway
Title 22 > Chapter 7 > Subchapter XXVI > Section 290k-3
Details
- Reference: Section 290k-3
- Legend: §290K-3 – §290K-3. Opposition to Certain Guarantees Or Investment Promotions; Independent Evaluation of Guaranteed Investments
- USCode Year: 2013
Provision Content
Consistent with the purposes of section 290k–2 of this title, the Secretary of the Treasury shall—
(1) instruct the United States Director to oppose, and to actively seek the concurrence of other members of the Board of Directors in opposing, any guarantee or other investment promotion under consideration by the Agency if the proposed investment would—
(A) be in any country which is not a beneficiary developing country for purposes of title V of the Trade Act of 1974 [19 U.S.C. 2461 et seq.] because it has not taken or is not taking steps to afford internationally-recognized workers’ rights to workers in that country;
(B) be subject to trade-distorting performance requirements imposed by the host country that are likely to result in a significant net reduction in—
(i) employment in the United States; or
(ii) other trade benefits likely to accrue to the United States from the investment; or
(C) likely increase a countrys productive capacity in an industry already facing excess worldwide capacity for the same, similar or competing product, and cause substantial injury to producers of such products in the United States; and
(2) within 12 months after the United States becomes a member of the Agency and each year thereafter for the 3 succeeding years, conduct an independent evaluation of the United States investments which have been guaranteed by the Agency to determine—
(A) the anticipated net impact of such investments on employment in and exports from the United States, and
(B) the extent to which such investments were made in countries which had not taken or are not taking steps to afford internationally-recognized workers’ rights to workers in those countries.
In the course of conducting each evaluation required under paragraph (2), the Secretary shall actively solicit and take into account the views of United States labor organizations. The Secretary shall furnish a copy of each such evaluation on its completion to the Congress.
(Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134.)
References in Text
The Trade Act of 1974, referred to in par. (1)(A), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended. Title V of the Trade Act of 1974 is classified generally to subchapter V (§2461 et seq.) of chapter 12 of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 2101 of Title 19 and Tables.
Codification
Section is based on section 406 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
U.S. Encyclopedia of Law Coverage
22-U.S.C.-290I-9 in the Legal Encyclopedia: Foreign Relations
In this entry about 22-U.S.C.-290I-9, find legal reference material, bibliographies and premiere content related to foreign relations in the American Encyclopedia of Law, presenting a comprehensive view of the United States foreign relations-specific issues, written by authorities in the field.
22-U.S.C.-290K-3 in the Legal Encyclopedia: Investment
In this entry about 22-U.S.C.-290K-3, find legal reference material, bibliographies and premiere content related to investment in the American Encyclopedia of Law, presenting a comprehensive view of the United States investment-specific issues, written by authorities in the field.
22-U.S.C.-290K-10 in the Legal Encyclopedia: Agencies
In this entry about 22-U.S.C.-290K-10, find legal reference material, bibliographies and premiere content related to agencies in the American Encyclopedia of Law, presenting a comprehensive view of the United States agencies-specific issues, written by authorities in the field.
Leave a Reply