Page:United States Statutes at Large Volume 116 Part 1.djvu/732

 116 STAT. 706 PUBLIC LAW 107-189-JUNE 14, 2002 Loans. Deadline. Procedures. Reports. Procedures. Notification. SEC. 16. AUTHORITY TO DENY APPLICATION FOR ASSISTANCE BASED ON FRAUD OR CORRUPTION BY ANY PARTY INVOLVED IN THE TRANSACTION. Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635) is amended by adding at the end the following: " (f) AUTHORITY TO DENY APPLICATION FOR ASSISTANCE BASED ON FRAUD OR CORRUPTION BY PARTY INVOLVED IN THE TRANS- ACTION.—In addition to any other authority of the Bank, the Bank may deny an application for assistance with respect to a transaction if the Bank has substantial credible evidence that any party to the transaction or any party involved in the transaction has committed an act of fraud or corruption in connection with the transaction.". SEC. 17. CONSIDERATION OF FOREIGN COUNTRY HELPFULNESS IN EFFORTS TO ERADICATE TERRORISM. Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(B)) is amended in the penultimate sentence by inserting "(including, when relevant, a foreign nation's lack of cooperation in efforts to eradicate terrorism)" after "international terrorism". SEC. 18. OUTSTANDING ORDERS AND PRELIMINARY INJURY DETER- MINATIONS. Section 2(e) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(e)) is amended— (1) in paragraph (2), by striking "Paragraph (1)" and inserting "Paragraphs (1) and (2)"; and (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4) and by inserting after paragraph (1) the following: "(2) OUTSTANDING ORDERS AND PRELIMINARY INJURY DETER- MINATIONS. — "(A) ORDERS.— The Bank shall not provide any loan or guarantee to an entity for the resulting production of substantially the same product that is the subject of— "(i) a countervailing duty or antidumping order under title VII of the Tariff Act of 1930; or "(ii) a determination under title II of the Trade Act of 1974. "(B) AFFIRMATIVE DETERMINATION.—Within 60 days after the date of the enactment of this paragraph, the Bank shall establish procedures regarding loans or guarantees provided to any entity that is subject to a preliminary determination of a reasonable indication of material injury to an industry under title VII of the Tariff Act of 1930. The procedures shall help to ensure that these loans and guarantees are likely to not result in a significant increase in imports of substantially the same product covered by the preliminary determination and are likely to not have a significant adverse impact on the domestic industry. The Bank shall report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the implementation of these procedures. "(C) COMMENT PERIOD. —The Bank shall establish procedures under which the Bank shall notify interested parties and provide a comment period with regard to loans

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