Title 22Foreign Relations and IntercourseRelease 119-73

§290k–2 Instructions for United States Director

Title 22 › Chapter CHAPTER 7— - INTERNATIONAL BUREAUS, CONGRESSES, ETC. › Subchapter SUBCHAPTER XXVI— - MULTILATERAL INVESTMENT GUARANTEE AGENCY › § 290k–2

Last updated Apr 6, 2026|Official source

Summary

Right after taking office and before the Agency issues its first guarantee, the United States Director must propose and push the Board of Directors to adopt rules that stop the Agency from guaranteeing certain investments. Those rules must bar guarantees for investments that are in countries that have not taken steps to protect internationally recognized workers’ rights; that face host-country trade rules that distort trade and are likely to cause a significant net drop in either jobs in the United States or other member countries or other trade benefits to those countries; or that would raise production in an industry that already has excess world capacity and would cause substantial injury to producers of that product in another member country.

Full Legal Text

Title 22, §290k–2

Foreign Relations and Intercourse — Source: USLM XML via OLRC

Immediately after taking office and prior to the issuance by the Agency of its first guarantee, the United States Director of the Agency shall propose and actively seek the adoption by the Board of Directors of policies and procedures under which the Agency will not issue guarantees in respect of any proposed investment that would—
(1)be in any country which has not taken or is not taking steps to afford internationally recognized workers’ rights to workers in that country;
(2)be subject to trade-distorting performance requirements imposed by the host country that are likely to result in a significant net reduction in—
(A)employment in the United States or other member countries; or
(B)other trade benefits likely to accrue to the United States or other member countries from the investment; or
(3)increase a country’s productive capacity in an industry already facing excess worldwide capacity for the same, similar or competing product, and cause substantial injury to producers of such product in another member country.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section is based on section 405 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.

Reference

Citations & Metadata

Citation

22 U.S.C. § 290k–2

Title 22Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73