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Code · BILL · 116th Congress · H.R. 4863 (Referred in Senate) — To promote the competitiveness of the United States, to reform and reauthorize the United States Export Finance Agenc... · Sec. 12

Sec. 12. Prohibitions on financing for certain persons involved in sanctionable activities

355 words·~2 min read·/bill/116/hr/4863/rfs/section-12

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Section 2 of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635 ), as amended by section 11 of this Act, is amended by adding at the end the following: Beginning on the date that is 180 days after the date of the enactment of this subsection, the Board of Directors of the Agency may not approve any transaction that is subject to approval by the Board with respect to the provision by the Agency of any guarantee, insurance, or extension of credit, or the participation by the Agency in any extension of credit, to a person in connection with the exportation of any good or service unless the person provides the certification described in paragraph (2).
The certification described in this paragraph is a certification by a person who is an end user, obligor, or lender that neither the person nor any other person owned or controlled by the person engages in any activity in contravention of any United States law, regulation, or order applicable to the person concerning— trade and economic sanctions, including an embargo; the freezing or blocking of assets of designated persons; sanctions relating to serious violations of human rights or free speech, including any sanctions— imposed under the Global Magnitsky Human Rights Accountability Act; related to the efforts to the Chinese government to limit or punish demonstrations in Hong Kong; related to the political repression or detention of religious and ethnic minorities in China or Burma; or related to the gross violation of internationally recognized human rights (as defined in section 502B of the Foreign Assistance Act of 1961) in China; sanctions relating to the illegal trafficking of synthetic opioids, including any sanctions imposed pursuant to the Foreign Narcotics Kingpin Designation Act; sanctions relating to human rights abuses, including engaging in human trafficking, including sex trafficking, and any sanctions imposed under Executive Order No. 13581 (Blocking Property of Transnational Criminal Organizations); or other restrictions on exports, imports, investment, payments, or other transactions targeted at particular persons or countries.
The certification described in paragraph
(2)shall be made after reasonable due diligence and based on best knowledge and belief. .
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Sec. 12
Prohibitions on financing for certain persons involved in sanctionable activities
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