Page:United States Statutes at Large Volume 102 Part 2.djvu/380

 102 STAT. 1384

PUBLIC LAW 100-418—AUG. 23, 1988 (1) an assessment of the effectiveness of recent program changes in increasing United States exports to developing countries; and (2) an identification of additional specific policy and program changes which— (A) would enable the Bank to increase the financing of United States exports to developing countries; and (B) would encourage greater private sector participation in such financing efforts.

SEC. 3304. AMENDMENTS TO SECTION 2(e) OF THE EXPORT-IMPORT BANK ACT OF 1945. (a) TIME FOR DETERMINING SUPPUES.—Section 2(e)(l)(A)(i) of the

Export-Import Bank Act of 1945 (12 U.S.C. 635(e)(l)(A)(i)) is amended by striking out "productive capacity is expected to become operative" and inserting in lieu thereof "commodity will first be sold". (b)

MAKING

COMPARATIVE INJURY

DETERMINATIONS.—Section

2(e)(2) of such Act (12 U.S.C. 635(e)(2)) is amended— (1) by inserting "short- and long-term" before "injury to United States producers"; and (2) by inserting "and employment" before "of the same, similar, or competing commodity". (c) SUBSTANTIAL INJURY DEFINED FOR EXPORT-IMPORT BANK DETER-

MINATIONS.—Section 2(e) of such Act (12 U.S.C. 635(e)) is amended by adding at the end the following: "(3) DEFINITION.—For purposes of paragraph (I)(B), the extension of any credit or guarantee by the Bank will cause substantial injury if the £miount of the capacity for production established, or the amount of the increase in such capacity expanded, by such credit or guarantee equals or exceeds 1 percent of United States production.".

Export Trading Company Act Amendments of 1988. 12 USC 1841 note.

Subtltlc E—Export Trading Company Act A J x Amendments SEC. 3401. SHORT TITLE.

This subtitle may be cited as the "Export Trading Company Act Amendments of 1988". SEC. 3402. EXPORT TRADING COMPANY ACT AMENDMENTS. (a) STANDARDS FOR DETERMINATION OF EXPORT TRADING COMPANY

STATUS.—Section 4(c)(14) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(c)(14)) is amended by inserting after subparagraph (F) the following new subparagraph: "(G) DETERMINATION OF STATUS AS EXPORT TRADING COMPANY.— "(i) TIME PERIOD REQUIREMENTS.—For purposes of

determining whether an export trading company is operated principally for the purposes described in subparagraph (F)(i)— "(I) the operations of such company during the 2year period beginning on the date such company commences operations shall not be taken into account in making any such determination; and

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