22 U.S.C. § 290i–9: Securities issued by Bank…

Summary

Treats securities the Bank issues to raise ordinary capital, and securities it guarantees for principal and interest under its agreement, as exempt under federal securities law (sections 77c(a)(2) and 78c(a)(12) of title 15). The Bank must file annual and other reports about those securities with the Securities and Exchange Commission when the Commission says it is needed for the public interest or to protect investors. The SEC, after consulting an agency or officer the President picks, can suspend that exemption for any or all such securities for a time. The SEC must include information about how this rule is working in its annual reports to Congress and may include views sent by registered dealer associations.

Title 22, §290i–9

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Treatment as exempt securities; reports to Securities and Exchange Commission

Any securities issued by the Bank (including any guarantee by the Bank, whether or not limited in scope) in connection with the raising of funds for inclusion in the Bank’s ordinary capital resources as defined in article 9 of the agreement and any securities guaranteed by the Bank as to both principal and interest to which the commitment in article 7, paragraph 4(a), of the agreement is expressly applicable, shall be deemed to be exempted securities within the meaning of section 77c(a)(2) and 78c(a)(12) of title 15. The Bank shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Bank and its operations as necessary in the public interest or for the protection of investors.

(b)Suspension of provisions; reports to Congress

The Securities and Exchange Commission, acting in consultation with such agency or officer as the President shall designate, is authorized to suspend the provisions of subsection (a) at any time as to any or all securities issued or guaranteed by the Bank during the period of such suspension. The Commission shall include in its annual reports to Congress such information as it shall deem advisable with regard to the operations and effect of this section and in connection therewith shall include any views submitted for such purpose by any association of dealers registered with the Commission.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The agreement, referred to in subsec. (a), is the agreement establishing the African Development Bank. See section 290i of this title.

Executive Documents

Delegation of Functions Functions of President under subsec. (b) delegated to Secretary of the Treasury, see Ex. Ord. No. 12403, Feb. 8, 1983, 48 F.R. 6087.

§290i–9 Securities Issued by Bank; Securities and Exchange Commission Oversight