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Code · STATUTE-COMPILATIONS · Small Business Jobs Act of 2010 · Sec. 1206

Sec. 1206. INTERNATIONAL TRADE FINANCE PROGRAMS

1,315 words·~6 min read·/statute-compilations/comps-9466/sec-1206

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## SEC. 1206 INTERNATIONAL TRADE FINANCE PROGRAMS ###
(a)Loan Limits ####
(1)Total amount outstanding Section 7(a)(3)(B) of the Small Business Act (15 U.S.C. 636(a)(3)(B)) is amended by striking “$1,750,000, of which not more than $1,250,000” and inserting “$4,500,000 (or if the gross loan amount would exceed $5,000,000), of which not more than $4,000,000”. ####
(2)Participation Section 7(a)(2) of the Small Business Act (15 U.S.C. 636(a)(2)) is amended— #####
(A)in subparagraph (A), in the matter preceding clause (i), by striking “subparagraph (B)” and inserting “subparagraphs (B), (D), and (E)”; #####
(B)in subparagraph (D), by striking “Notwithstanding subparagraph (A), in” and inserting “In”; and #####
(C)by adding at the end the following: > > ##### “(E) Participation in international trade loan > > In an agreement to participate in a loan on a deferred basis under paragraph (16), the participation by the Administration may not exceed 90 percent.” > . ###
(b)Working Capital Section 7(a)(16)(A) of the Small Business Act (15 U.S.C. 636(a)(16)(A)) is amended— ####
(1)in the matter preceding clause (i), by striking “in—” and inserting “—”; ####
(2)in clause (i)— #####
(A)by inserting “in” after “(i)”; and #####
(B)by striking “or” at the end; ####
(3)in clause (ii)— #####
(A)by inserting “in” after “(ii)”; and #####
(B)by striking the period at the end and inserting “, including any debt that qualifies for refinancing under any other provision of this subsection; or”; and ####
(4)by adding at the end the following: > > ###### “(iii) > > by providing working capital.” > . ###
(c)Collateral Section 7(a)(16)(B) of the Small Business Act (15 U.S.C. 636(a)(16)(B)) is amended— ####
(1)by striking “ Each loan ” and inserting the following: > > ###### “(i) In general > > Except as provided in clause (ii), each loan” > ; and ####
(2)by adding at the end the following: > > ###### “(ii) Exception > > A loan under this paragraph may be secured by a second lien position on the property or equipment financed by the loan or on other assets of the small business concern, if the Administrator determines the lien provides adequate assurance of the payment of the loan.” > . ###
(d)Export Working Capital Program Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended— ####
(1)in paragraph (2)(D), by striking “not exceed” and inserting “be”; and ####
(2)in paragraph (14)— #####
(A)by striking “
(A)The Administration ” and inserting the following: > “Export working capital program.— > > > ##### “(A) In general > > The Administrator” > ; #####
(B)by striking “
(B)When considering ” and inserting the following: > > ##### “(C) Considerations > > When considering” > ; #####
(C)by striking “
(C)The Administration ” and inserting the following: > > ##### “(D) Marketing > > The Administrator” > ; and #####
(D)by inserting after subparagraph
(A)the following: > > ##### “(B) Terms > > > ###### “(i) Loan amount > > The Administrator may not guarantee a loan under this paragraph of more than $5,000,000. > > > ###### “(ii) Fees > > > ###### “(I) In general > > For a loan under this paragraph, the Administrator shall collect the fee assessed under paragraph
(23)not more frequently than once each year. > > > ###### “(II) Untapped credit > > The Administrator may not assess a fee on capital that is not accessed by the small business concern.” > . ###
(e)Participation in Preferred Lenders Program Section 7(a)(2)(C) of the Small Business Act (15 U.S.C. 636(a)(2)(C)) is amended— ####
(1)by redesignating clause
(ii)as clause (iii); and ####
(2)by inserting after clause
(i)the following: > > ###### “(ii) Export-import bank lenders > > Any lender that is participating in the Delegated Authority Lender Program of the Export-Import Bank of the United States (or any successor to the Program) shall be eligible to participate in the Preferred Lenders Program.” > . ###
(f)Export Express Program Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following: > > #### “(35) Export express program > > > ##### “(A) Definitions > > In this paragraph— > > > ###### “(i) > > the term ‘export development activity’ includes— > > > ###### “(I) > > obtaining a standby letter of credit when required as a bid bond, performance bond, or advance payment guarantee; > > > ###### “(II) > > participation in a trade show that takes place outside the United States; > > > ###### “(III) > > translation of product brochures or catalogues for use in markets outside the United States; > > > ###### “(IV) > > obtaining a general line of credit for export purposes; > > > ###### “(V) > > performing a service contract from buyers located outside the United States; > > > ###### “(VI) > > obtaining transaction-specific financing associated with completing export orders; > > > ###### “(VII) > > purchasing real estate or equipment to be used in the production of goods or services for export; > > > ###### “(VIII) > > providing term loans or other financing to enable a small business concern, including an export trading company and an export management company, to develop a market outside the United States; and > > > ###### “(IX) > > acquiring, constructing, renovating, modernizing, improving, or expanding a production facility or equipment to be used in the United States in the production of goods or services for export; and > > > ###### “(ii) > > the term ‘express loan’ means a loan in which a lender uses to the maximum extent practicable the loan analyses, procedures, and documentation of the lender to provide expedited processing of the loan application. > > > ##### “(B) Authority > > The Administrator may guarantee the timely payment of an express loan to a small business concern made for an export development activity. > > > ##### “(C) Level of participation > > > ###### “(i) Maximum amount > > The maximum amount of an express loan guaranteed under this paragraph shall be $500,000. > > > ###### “(ii) Percentage > > For an express loan guaranteed under this paragraph, the Administrator shall guarantee— > > > ###### “(I) > > 90 percent of a loan that is not more than $350,000; and > > > ###### “(II) > > 75 percent of a loan that is more than $350,000 and not more than $500,000.” > . ###
(g)Annual Listing of Export Finance Lenders Section 7(a)(16) of the Small Business Act (15 U.S.C. 636(a)(16)) is amended by adding at the end the following: > > ##### “(F) List of export finance lenders > > > ###### “(i) Publication of list required > > The Administrator shall publish an annual list of the banks and participating lending institutions that, during the 1-year period ending on the date of publication of the list, have made loans guaranteed by the Administration under— > > > ###### “(I) > > this paragraph; > > > ###### “(II) > > paragraph (14); or > > > ###### “(III) > > paragraph (34). > > > ###### “(ii) Availability of list > > The Administrator shall— > > > ###### “(I) > > post the list published under clause
(i)on the website of the Administration; and > > > ###### “(II) > > make the list published under clause
(i)available, upon request, at each district office of the Administration.” > . ###
(h)Applicability **[**[15 U.S.C. 636 note](/us/usc/t15/s636)**]** The amendments made by subsections
(a)through
(f)shall apply with respect to any loan made after the date of enactment of this Act.
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Sec. 1206
INTERNATIONAL TRADE FINANCE PROGRAMS
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