Title 12, Banks and BankingRelease 119-73not60

§635g–1 Annual Competitiveness Report

Title 12 › Chapter 6A— EXPORT-IMPORT BANK OF THE UNITED STATES › Subchapter I— GENERAL PROVISIONS › § 635g–1

Last updated Apr 3, 2026|Official source

Summary

By June 30 each year, the Export-Import Bank must send a report to the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs. The report must explain many things in plain terms. It must compare the Bank’s rates, terms, and credit amounts with other countries’ export-financing programs, including a survey and estimates of how much financing those governments provide and a survey of U.S. exporters and banks about the competition. It must describe the Bank’s role in the government’s trade promotion plan and include one other required Bank report. It must classify all Bank transactions by their main purpose and show how much credit the Bank made available for renewable energy, compared with the prior year. It must compare the Bank’s program account size with other major facilities and, if needed, recommend changes. It must describe co-financing programs and list countries with co-financing agreements or explain why none exist. It must describe the Bank’s support for services and how that compares with others. It must give details of any reported cases that may break international export-credit rules or exploit loopholes, and describe when foreign export agencies appear to violate international subsidy rules and what the U.S. did about it; the Bank President, after consulting the Secretary of the Treasury, may provide those sensitive details in a separate, confidential report. Any Board member may add comments to be included in the report.

Full Legal Text

Title 12, §635g–1

Banks and Banking, Source: USLM XML via OLRC

(a)Not later than June 30 of each year, the Bank shall submit to the appropriate congressional committees a report that includes the following:

(1)A description of the actions of the Bank in complying with the second and third sentences of section 635(b)(1)(A) of this title. In this part of the report, the Bank shall include a survey of all other major export-financing facilities available from other governments and government-related agencies through which foreign exporters compete with United States exporters (including through use of market windows (as defined pursuant to section 635i–3(h)(7) of this title)) and, to the extent such information is available to the Bank, indicate in specific terms the ways in which the Bank’s rates, terms, and other conditions compare with those offered from such other governments directly or indirectly. With respect to the preceding sentence, the Bank shall use all available information to estimate the annual amount of export financing available from each such government and government-related agency. In this part of the report, the Bank shall include a survey of a representative number of United States exporters and United States commercial lending institutions which provide export credit on the experience of the exporters and institutions in meeting financial competition from other countries whose exporters compete with United States exporters.

(2)A description of the role of the Bank in implementing the strategic plan prepared by the Trade Promotion Coordinating Committee in accordance with section 4727 of title 15.

(3)The report required by section 635i–3(g) of this title.

(4)A description of all Bank transactions which shall be classified according to their principal purpose, such as to correct a market failure or to provide matching support.

(5)A description of the activities of the Bank with respect to financing renewable energy projects undertaken under section 635(b)(1)(K) of this title, and an analysis comparing the level of credit extended by the Bank for renewable energy projects with the level of credit so extended for the preceding fiscal year.

(6)A separate section which—

(A)compares, to the extent practicable, the size of the Bank program account with the size of the program accounts of the other major export-financing facilities referred to in paragraph (1); and

(B)makes recommendations, if appropriate, with respect to the relative size of the Bank program account, based on factors including whether the size differences are in the best interests of the United States taxpayer.

(7)A description of the co-financing programs of the Bank and of the other major export-financing facilities referred to in paragraph (1), which includes a list of countries with which the United States has in effect a memorandum of understanding relating to export credit agency co-financing and, if such a memorandum is not in effect with any country with a major export credit-financing facility, an explanation of why such a memorandum is not in effect.

(8)A separate section which describes the participation of the Bank in providing funding, guarantees, or insurance for services, which shall include appropriate information on the involvement of the other major export-financing facilities referred to in paragraph (1) in providing such support for services, and an explanation of any differences among the facilities in providing the support.

(9)Detailed information on cases reported to the Bank of export financing that appear not to comply with the Arrangement (as defined in section 635i–3(h)(3) of this title) or that appear to exploit loopholes in the Arrangement for the purpose of obtaining a commercial competitive advantage. The President of the Bank, in consultation with the Secretary of the Treasury, may provide to the appropriate congressional committees the information required by this subsection in a separate and confidential report, instead of providing such information in the report required by this subsection.

(10)A description of the extent to which the activities of foreign export credit agencies and other entities sponsored by a foreign government, particularly those that are not members of the Arrangement (as defined in section 635i–3(h)(3) of this title), appear not to comply with the Arrangement and appear to be inconsistent with the terms of the Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of title 19, and a description of the actions taken by the United States Government to address the activities. The President of the Bank, in consultation with the Secretary of the Treasury, may provide to the appropriate congressional committees, the information required by this subsection in a separate and confidential report, instead of providing such information in the report required by this subsection.

(b)The report required by subsection (a) shall include such additional comments as any member of the Board of Directors may submit to the Board for inclusion in the report.

(c)The term “appropriate congressional committees” means the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.

Reference

Citations & Metadata

Citation

12 U.S.C. § 635g–1

Title 12, Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60