[Code of Federal Regulations]
[Title 12, Volume 4]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR408.4]

[Page 517-518]
 
                       TITLE 12--BANKS AND BANKING
 
           CHAPTER IV--EXPORT-IMPORT BANK OF THE UNITED STATES
 
PART 408_PROCEDURES FOR COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL 
POLICY ACT--Table of Contents
 
               Subpart B_Eximbank Implementing Procedures
 
Sec. 408.4  Early involvement in foreign activities for which Eximbank 
financing may be requested.


    (a) Section 1501.2(d) of the NEPA Regulations requires agencies to 
provide for early involvement in actions which, while planned by private 
applicants or other non-Federal entities, require some form of Federal 
approval. Pursuant to the Export-Import Bank Act of 1945, as amended, 
Eximbank is asked to provide financing for transactions involving 
exports of U.S. goods and services for projects in foreign countries 
which are planned by non-U.S. entities (Transactions).
    (b) To implement the requirements of Sec. 1501.2(d) with respect to 
these Transactions, Eximbank:
    (1) Will provide on a project-by-proj ect basis to applicant seeking 
financing from Eximbank guidance as to the scope and level of 
environmental information to be used in evaluating a proposed 
Transaction where: (i) The proposed Eximbank financing would be a major 
action and (ii) a Transaction may significantly affect the quality of 
the human environment in the United States, its territories or 
possessions.
    (2) Upon receipt of an application for Eximbank financing or 
notification that an application will be filed, will consult as required 
with other appropriate parties to initiate and coordinate the necessary 
environmental analyses.

These responsibilities will be performed by the General Counsel and the 
Engineers of Eximbank.
    (c) To facilitate Eximbank review of Transactions for which positive 
determinations have been made under paragraphs (b)(1)(i) and (ii) of 
this section, applicants should:
    (1) Consult with the Engineer as early as possible in the planning 
process for guidance on the scope and level of environmental information 
required

[[Page 518]]

to be submitted in support of their application;
    (2) Conduct any studies which are deemed necessary and appropriate 
by Eximbank to determine the impact of the proposed action on the 
quality of the human environment;
    (3) Consult with appropriate U.S. (Federal, regional, State and 
local) agencies and other potentially interested parties during 
preliminary planning stages to ensure that all environmental factors are 
identified;
    (4) Submit applications for all U.S. (Federal, regional, State and 
local) approvals as early as possible in the planning process;
    (5) Notify Eximbank as early as possible of all other applicable 
legal requirements for project completion so that all applicable Federal 
environmental reviews may be coordinated; and
    (6) Notify Eximbank of all known parties potentially affected by or 
interested in the proposed action.