Notices. Submission for OMB Review and Comments Request
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/register/2012/09/12/2012-22465A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6560-50-P EXPORT-IMPORT BANK OF THE U.S. [Public Notice 459] Agency Information Collection Activities: Final Collection; Comment Request AGENCY: Export-Import Bank of the U.S. ACTION: Submission for OMB Review and Comments Request. *Form Title:* Application for Long Term Loan or Guarantee (EIB 95-10). SUMMARY: Export-Import (Ex-Im) Bank is requesting an emergency approval for form EIB 95-10 Application for Long Term Loan or Guarantee, OMB 3048-0013, because the Export Import Bank Reauthorization Act of 2012 has placed additional reporting requirements on the Bank.
The changes to this form are as follows: 1. Addition of a new participant role, Controlling Sponsor, to section 2 of the application. Section 18 of the Export-Import Bank Reauthorization Act of 2012 prohibits Ex-Im Bank's Board of Directors from approving “any transaction in which a person that is a borrower or controlling sponsor, or a person that is owned or controlled by such borrower or controlling sponsor, is subject to sanctions under section 5(a) of the Iran Sanctions Act.”.
In order for Ex-Im Bank to ensure that the Board of Directors is in compliance with the prohibition, Ex-Im Bank needs to be able to identify the controlling sponsor for a transaction (Ex-Im Bank already asks on the application form who is the borrower for the transaction). Adding this question to the application form will allow Ex-Im Bank to identify the controlling sponsor. 2. Replace Section 6 of the application with new language and questions. Section 10 of the Export-Import Bank Reauthorization Act of 2012 adds a new paragraph
(h)to Section 8 of Ex-Im Bank's Charter (12 USC 635g). The new section 8(h) of the Charter requires the Bank to categorize the purpose of each loan and long-term guarantee in the Bank's Annual report. The Reauthorization Act defines the appropriate/acceptable purposes. In order to provide this information to Congress, Ex-Im Bank needs to change the questions it was asking on the application form to align them with the specific purposes identified in the Act. Without this change, Ex-Im Bank will be unable to further break down unavailability of private sector financing into risk constraints vs. maturity limitations. 3. Change the percents in Section 5; sub-section C and sub-section H of the application form to indicate that Ex-Im Bank may have the ability to finance local costs up to 30% of the net contract price. There is an international agreement that was reached between Ex-Im Bank and its foreign competitors that allows Ex-Im Bank (and its competitors) to provide additional local cost financing. This increased availability and flexibility is important to U.S. exporters and helps enhance their competitiveness. Ex-Im Bank would like to make this change to the guidance in the application form to ensure customers are aware of this enhanced support. The application can be viewed at *www.exim.gov/pub/pending/eib95-10.pdf.* DATES: Comments should be received on or before November 13, 2012 to be assured of consideration. ADDRESSES: Comments maybe submitted electronically on *WWW.REGULATIONS.GOV* or by mail to Michele Kuester, Export Import Bank of the United States, 811 Vermont Ave. NW. Washington, DC 20571. SUPPLEMENTARY INFORMATION: *Titles and Form Number:* EIB 95-10 Application for Long Term Loan or Guarantee. *OMB Number:* 3048-0013. *Type of Review:* Emergency. *Need and Use:* The information collected will provide information needed to determine compliance and creditworthiness for transaction requests submitted to the Export Import Bank under its long term guarantee and direct loan programs. *Affected Public:* This form affects entities involved in the export of U.S. goods and services. *Annual Number of Respondents:* 84. *Estimated Time per Respondent:* 1.5 hours. *Government Annual Burden Hours:* 2,100. *Frequency of Reporting or Use:* Yearly. *Total Cost to the Government:* $81,312. Sharon A. Whitt, Agency Clearance Officer. [FR Doc. 2012-22465 Filed 9-11-12; 8:45 am]
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