Sec. 208. Participation and risk-sharing by private sector lenders and exporters
211 words·~1 min read·
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Section 2 of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635 ), as amended by section 110 of this Act, is amended by adding at the end the following: The Bank shall develop and implement policies (in coordination and in consultation with private sector stakeholders) that incentivize transactions in which third parties share risks of loss with the Bank. In the policies, the Bank shall— allow the retention of risk to be borne either by a lender or an exporter; not require a lender to retain additional risk beyond the risk retained by an exporter; share fees with the risk-sharing party equal to the risk retained, but not share the interest earned on a direct loan portion of a transaction; and ensure that any administrative burdens for third parties are calculated to promote participation by third parties in the risk-sharing programs of the Bank.
The policies of the Bank to encourage risk-sharing shall give additional authority to a third party that retains risk of loss of greater than 50 percent of a transaction. The Bank may guarantee a capital markets purchase of not more than 50 percent of an export portfolio by a captive finance company or affiliate to encourage expansion of equipment exports from the United States. .