General Bank Policies
Co-Financing
To facilitate financing with other export credit agencies (ECAs), Ex-Im Bank is actively establishing "One-Stop-Shop" co-financing facilities. "One-Stop-Shop" arrangements allow products and services from two (or more) countries to benefit from a single ECA financing package. Without co-financing, the parties would have to make separate financing arrangements with two (or more) ECAs to ensure support for exports from various countries. The country with the largest share of the sourcing and/or the location of the main contractor will generally determine which ECA leads the transaction.
Content
Ex-Im Bank's mission is to support U.S. jobs through exports. Accordingly, there are foreign content eligibility criteria and limitations on the level of foreign content that may be included in Ex-Im Bank's financing package.
Economic Impact
The basis for Ex-Im Bank's Economic Impact Procedures is found in its Charter. Congress requires Ex-Im Bank to assess whether the extension of Ex-Im Bank financing support is likely to cause substantial injury to U.S. industry or would result in the production of substantially the same product that is the subject of specified trade measures. If a transaction is deemed by Ex-Im Bank to meet the legislatively specified standards, then economic impact can be the basis for denial of Ex-Im Bank support. The purposes of Ex-Im Bank's Economic Impact Procedures are: 1) to ensure that all transactions are screened for economic impact implications; 2) to identify those transactions that are subject to applicable trade measures or that pose a risk of substantial injury to the U.S. economy; and 3) to put only those cases that require further economic impact analysis through a more extensive process that is fair, consistent, and publicly transparent.
Environment
Ex-Im Bank's Charter authorizes the Board of Directors to grant or withhold financing support after taking into account the beneficial and adverse environmental effects of proposed transactions. Ex-Im Bank's objective is to maintain U.S. exporters' competitiveness in the global marketplace while ensuring that the projects it supports are environmentally responsible. Environmental Procedures and Guidelines have been adopted which set forth Ex-Im Bank's environmental objectives. These Procedures and Guidelines include ten sector tables which list qualitative and quantitative limits for elements such as air and water quality against which the Engineering and Environment Division will evaluate the environmental effects of projects within these industrial sectors.
Foreign Corrupt Practices and Other Anti-bribery Measures
U.S. firms and individuals seeking to do business in foreign markets must be familiar with the Foreign Corrupt Practices Act of 1977 ("FCPA"), 15 U.S.C. §§ 78dd-1, et seq., which, in general, prohibits corrupt payments to foreign officials for the purpose of obtaining or keeping business. The antibribery provisions of the FCPA make it unlawful for a U.S. person, and certain foreign issuers of securities, to make a corrupt payment to a foreign official for the purpose of obtaining or retaining business for or with, or directing business to, any person. They also apply to foreign firms and persons who take any act in furtherance of such a corrupt payment while in the United States.
Local Cost
When Ex-Im Bank provides medium- or long-term guarantee, loan, or insurance support for U.S. exports for foreign projects, it may also provide local cost support. Local costs are those project-related costs for goods and services incurred in the buyer's country. Ex-Im Bank can support up to 30% of the value of the U.S exports for locally originated and/or manufactured goods and services subject to the following availability and eligibility guidelines.
Military
Ex-Im Bank is prohibited by law from financing defense articles and defense services. In defining what is a "defense article" or "defense service", Ex-Im Bank uses criteria based on the identity of the foreign end-user, the nature of the item, and the use to which the item will be put. If the items are sold to a military organization or designed primarily for military use, they are presumed to be defense articles unless proven otherwise.
Nuclear
The Charter of the Export-Import Bank (Ex-Im Bank) requires the Bank to establish procedures to take into account the potential beneficial and adverse environmental effects of goods and services for which support is requested, consistent with the mandate to foster expansion of exports. The Charter also authorizes the Board of Directors, in its judgment, to grant or withhold financing support after taking into account the beneficial and adverse environmental effects of proposed transactions. The Charter also directs the Bank to operate its financing programs in a manner that is competitive with support offered by principal countries whose exporters compete with US exporters. In response to these Congressional mandates, Ex-Im Bank will act to maintain U.S. exporters' competitiveness in the global marketplace while taking into account the environmental effects of the projects it supports.
U.S. Flag Shipping Requirements
Ex-Im Bank's shipping regulations are subject to Public Resolution 17 of the 73rd Congress (PR-17), which indicates that for certain Ex-Im Bank support a provision be made that the supported products are carried exclusively on U.S. vessels. The purpose of PR-17 is to support the U.S. strategic objective of maintaining a merchant marine sufficient to carry a substantial portion of its waterborne export and import foreign commerce.
Used Equipment
Equipment that has been previously owned or placed into service is generally eligible for support under Ex-Im Bank's loan, guarantee and insurance programs, provided certain criteria are met.
Co-Financing
To facilitate financing with other export credit agencies (ECAs), Ex-Im Bank is actively establishing "One-Stop-Shop" co-financing facilities. "One-Stop-Shop" arrangements allow products and services from two (or more) countries to benefit from a single ECA financing package. Without co-financing, the parties would have to make separate financing arrangements with two (or more) ECAs to ensure support for exports from various countries. The country with the largest share of the sourcing and/or the location of the main contractor will generally determine which ECA leads the transaction.
Content
Ex-Im Bank's mission is to support U.S. jobs through exports. Accordingly, there are foreign content eligibility criteria and limitations on the level of foreign content that may be included in Ex-Im Bank's financing package.
Economic Impact
The basis for Ex-Im Bank's Economic Impact Procedures is found in its Charter. Congress requires Ex-Im Bank to assess whether the extension of Ex-Im Bank financing support is likely to cause substantial injury to U.S. industry or would result in the production of substantially the same product that is the subject of specified trade measures. If a transaction is deemed by Ex-Im Bank to meet the legislatively specified standards, then economic impact can be the basis for denial of Ex-Im Bank support. The purposes of Ex-Im Bank's Economic Impact Procedures are: 1) to ensure that all transactions are screened for economic impact implications; 2) to identify those transactions that are subject to applicable trade measures or that pose a risk of substantial injury to the U.S. economy; and 3) to put only those cases that require further economic impact analysis through a more extensive process that is fair, consistent, and publicly transparent.
Environment
Ex-Im Bank's Charter authorizes the Board of Directors to grant or withhold financing support after taking into account the beneficial and adverse environmental effects of proposed transactions. Ex-Im Bank's objective is to maintain U.S. exporters' competitiveness in the global marketplace while ensuring that the projects it supports are environmentally responsible. Environmental Procedures and Guidelines have been adopted which set forth Ex-Im Bank's environmental objectives. These Procedures and Guidelines include ten sector tables which list qualitative and quantitative limits for elements such as air and water quality against which the Engineering and Environment Division will evaluate the environmental effects of projects within these industrial sectors.
Foreign Corrupt Practices and Other Anti-bribery Measures
U.S. firms and individuals seeking to do business in foreign markets must be familiar with the Foreign Corrupt Practices Act of 1977 ("FCPA"), 15 U.S.C. §§ 78dd-1, et seq., which, in general, prohibits corrupt payments to foreign officials for the purpose of obtaining or keeping business. The antibribery provisions of the FCPA make it unlawful for a U.S. person, and certain foreign issuers of securities, to make a corrupt payment to a foreign official for the purpose of obtaining or retaining business for or with, or directing business to, any person. They also apply to foreign firms and persons who take any act in furtherance of such a corrupt payment while in the United States.
Local Cost
When Ex-Im Bank provides medium- or long-term guarantee, loan, or insurance support for U.S. exports for foreign projects, it may also provide local cost support. Local costs are those project-related costs for goods and services incurred in the buyer's country. Ex-Im Bank can support up to 30% of the value of the U.S exports for locally originated and/or manufactured goods and services subject to the following availability and eligibility guidelines.
Military
Ex-Im Bank is prohibited by law from financing defense articles and defense services. In defining what is a "defense article" or "defense service", Ex-Im Bank uses criteria based on the identity of the foreign end-user, the nature of the item, and the use to which the item will be put. If the items are sold to a military organization or designed primarily for military use, they are presumed to be defense articles unless proven otherwise.
Nuclear
The Charter of the Export-Import Bank (Ex-Im Bank) requires the Bank to establish procedures to take into account the potential beneficial and adverse environmental effects of goods and services for which support is requested, consistent with the mandate to foster expansion of exports. The Charter also authorizes the Board of Directors, in its judgment, to grant or withhold financing support after taking into account the beneficial and adverse environmental effects of proposed transactions. The Charter also directs the Bank to operate its financing programs in a manner that is competitive with support offered by principal countries whose exporters compete with US exporters. In response to these Congressional mandates, Ex-Im Bank will act to maintain U.S. exporters' competitiveness in the global marketplace while taking into account the environmental effects of the projects it supports.
U.S. Flag Shipping Requirements
Ex-Im Bank's shipping regulations are subject to Public Resolution 17 of the 73rd Congress (PR-17), which indicates that for certain Ex-Im Bank support a provision be made that the supported products are carried exclusively on U.S. vessels. The purpose of PR-17 is to support the U.S. strategic objective of maintaining a merchant marine sufficient to carry a substantial portion of its waterborne export and import foreign commerce.
Used Equipment
Equipment that has been previously owned or placed into service is generally eligible for support under Ex-Im Bank's loan, guarantee and insurance programs, provided certain criteria are met.