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Ex-Im Bank Charter: Section 2d

Sec. 2(d)  Equal and nondiscriminatory opportunities for domestic companies to bid for insurance.
Sec. 2(d)(1).  In carrying out its responsibilities under this Act, the Bank shall work to ensure that United States companies are afforded an equal and nondiscriminatory opportunity to bid for insurance in connection with transactions assisted by the Bank.

Sec. 2(d)(2)  Competitive opportunity for insurance companies.  In the case of any long-term loan or guarantee of not less than $10,000,000, the Bank shall seek to ensure that United States insurance companies are accorded a fair and open competitive opportunity to provide insurance against risk of loss in connection with any transaction with respect to which such loan or guarantee is provided.

Sec. 2(d)(3)  Responsive actions.  If the Bank becomes aware that a fair and open competitive opportunity is not accorded to any United States insurance company in a foreign country with respect to which the Bank is considering a loan or guarantee, the Bank --
(A)  may approve or deny the loan or guarantee after considering whether such action would be likely to achieve competitive access for United States insurance companies; and
(B)  shall forward information regarding any foreign country that denies United States insurance companies a fair and open competitive opportunity to the Secretary of Commerce and to the United States Trade Representative for consideration of a recommendation to the President that access by such country to export credit of the United States should be restricted.

Sec. 2(d)(4)  Notice of approval.  If the Bank approves a loan or guarantee with respect to a foreign country notwithstanding information regarding denial by that foreign country of competitive opportunities for United States insurance companies, the Bank shall include notice of such approval and the reason for such approval in the report on competition in officially supported export credit required under subsection (b)(1)(A).

Sec. 2(d)(5)  Definitions.  For purposes of this section --
(A)  the term "United States insurance company"--
(i)  includes an individual, partnership, corporation, holding company, or other legal entity which is authorized (or in the case of a holding company, subsidiaries of which are authorized) by a State to engage in the business of issuing insurance contracts or reinsuring the risk underwritten by insurance companies; and
(ii)  includes foreign operations, branches, agencies, subsidiaries, affiliates, or joint ventures of any entity described in clause (I); and
(B)  the term "fair and open competitive opportunity" means, with respect to the provision of insurance by a United States insurance company, that the company--
(i) has received notice of the opportunity to provide such insurance; and
(ii) has been evaluated for such opportunity on a nondiscriminatory basis.