Page:United States Statutes at Large Volume 91.djvu/1244

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PUBLIC LAW 95-000—MMMM. DD, 1977

9 1 STAT. 1210

PUBLIC LAW 95-143—OCT. 26, 1977

Public Law 95-143 95th Congress

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Oct. 26, 1977 [H.R. 6415] Export-Import Bank Act of 1945, amendment. Export financing international agreements. 12 USC 635. Human rights.

Nuclear safeguards, violations. Report to congressional committees and Board of Directors.

Exports, credit support, limitation. Presidential determination, report to Congress.

To extend and amend the Export-Import Bank Act of 1945. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Section 2(b)(1)(A) of the E x p o r t - I m p o r t B a n k Act of 1945 is amended by inserting before the period at the end of the t h i r d sentence the following: "and shall, in cooperation with other appropriate United States Government agencies, seek to reach international agreements to reduce government subsidized export financing". SEC. 2. The last sentence of section 2(b)(1)(B) of the E x p o r t I m p o r t B a n k Act of 1945 is amended by inserting before the period at the end thereof the following: ", and shall also take into account,, in consultation with the Secretary of State, the observance of and respect for human rights in the country to receive the exports supported by a loan or financial guarantee and the effect such exports may have on human rights in such country". SEC. 3. (a) The first sentence of section 2(b)(3) of the E x p o r t I m p o r t B a n k Act of 1945 is amended— (1) by inserting " (i) " immediately after "No loan or financial guarantee or combination thereof"; (2) by striking out "shall be finally approved by the Board of Directors of the Bank, and no loan or financial guarantee or combination thereof" and inserting in lieu thereof ", (ii) in an a m o u n t "; and (3) by inserting immediately after "Union of Soviet Socialist Republics" the following: ", or (iii) for the export of technology, fuel, equipment, materials, or goods or services to be used in the construction, alteration, operation, or maintenance of nuclear power, enrichment, reprocessing, research, or heavy water production facilities,". (b) Section 2(b) of the E x p o r t - I m p o r t B a n k Act of 1945 is amended by redesignating paragraph s (4) through (6) as paragraph s (5) through (7), respectively, and by inserting immediately after paragraph (3) the following new paragraph: " (4) The Secretary of State shall report to the a p p r o p r i a t e committees of Congress and to the Board of Directors of the E x p o r t I m p o r t B a n k if he determines that any country that has agreed to International Atomic Energy Agency nuclear safeguards materially violates, abrogates, or terminates, after the date of enactment of this paragraph, such safeguards or that any country that has entered into an agreement for cooperation concerning the civil use of nuclear energy with the United States materially violates, abrogates, or terminates, after the date of enactment of this paragraph, any guarantee or other undertaking to the United States made in such agreement or that any country that is not a nuclear-weapons state (as defined in article IX (3) of the T r e a t y on the Non-Proliferation of Nuclear Weapons) detonates, after the date of enactment of this paragraph, a nuclear explosive device. The Secretary shall specify which country or countries he has determined to have so acted, and the Board shall not give approval to guarantee, insure, or extend credit, or participate