Title 22Foreign Relations and IntercourseRelease 119-73not60

§290m North American Development Bank

Title 22 › Chapter 7— INTERNATIONAL BUREAUS, CONGRESSES, ETC. › Subchapter XXVIII— NORTH AMERICAN DEVELOPMENT BANK AND RELATED PROVISIONS › § 290m

Last updated Apr 5, 2026|Official source

Summary

Allows the President to accept U.S. membership in the North American Development Bank. The Treasury Secretary may buy up to 150,000 shares for the United States. Up to $1,500,000,000 is authorized for that purpose, of which $225,000,000 may be paid-in capital and $1,275,000,000 may be callable capital. For fiscal year 1995, $56,250,000 must be paid from the Treasury for the paid-in share (10% of that amount may be transferred by the Bank to the President to cover certain loan costs), and up to $318,750,000 may be subscribed as callable capital. Any profits the Bank pays to the United States go into the Treasury as miscellaneous receipts. Board members get no salary from the Bank or the U.S. A Bretton Woods Act rule applies to the Bank the same way it does to the World Bank and IMF. Without a law saying otherwise, the President and U.S. officials cannot buy more shares, agree to changes that increase U.S. obligations or change the Bank’s purpose, or lend money to the Bank. Federal Reserve banks can act as the Bank’s depository or fiscal agent when asked, under supervision of the Board of Governors. For lawsuits in the U.S., the Bank is treated as living in the federal district where its main U.S. office or service agent is, and federal courts have original jurisdiction; the Bank may remove state cases to federal court. Securities the Bank issues or guarantees for its capital are treated as exempted securities for federal securities laws, but the Bank must file reports with the SEC and the SEC may suspend the exemption after consulting the National Advisory Council.

Full Legal Text

Title 22, §290m

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The President is hereby authorized to accept membership for the United States in the North American Development Bank (hereafter in this subchapter referred to as the “Bank”) provided for in Chapter II of the Border Environment Cooperation Agreement (hereafter in this subchapter referred to as the “Cooperation Agreement”).
(b)(1)(A)The Secretary of the Treasury may subscribe on behalf of the United States up to 150,000 shares of the capital stock of the Bank.
(B)Except as provided in paragraph (3), any such subscription shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(2)For payment by the Secretary of the Treasury of the subscription of the United States for shares described in paragraph (1), there are authorized to be appropriated $1,500,000,000 ($225,000,000 of which may be used for paid-in capital and $1,275,000,000 of which may be used for callable capital) without fiscal year limitation.
(3)(A)For fiscal year 1995, the Secretary of the Treasury shall pay to the Bank out of any sums in the Treasury not otherwise appropriated the sum of $56,250,000 for the paid-in portion of the United States share of the capital stock of the Bank, 10 percent of which may be transferred by the Bank to the President pursuant to section 290m–2 of this title to pay for the cost of direct and guaranteed Federal loans.
(B)For fiscal year 1995, the Secretary of the Treasury shall subscribe to the callable capital portion of the United States share of the capital stock of the Bank in an amount not to exceed $318,750,000.
(4)Any payment made to the United States by the Bank as a distribution of net income shall be covered into the Treasury as a miscellaneous receipt.
(c)No person shall be entitled to receive any salary or other compensation from the Bank or the United States for services as a Board member.
(d)The provisions of section 4 of the Bretton Woods Agreements Act [22 U.S.C. 286b] shall apply with respect to the Bank to the same extent as with respect to the International Bank for Reconstruction and Development and the International Monetary Fund.
(e)Unless authorized by law, neither the President nor any person or agency shall, on behalf of the United States—
(1)subscribe to additional shares of stock of the Bank;
(2)vote for or agree to any amendment of the Cooperation Agreement which increases the obligations of the United States, or which changes the purpose or functions of the Bank; or
(3)make a loan or provide other financing to the Bank.
(f)Any Federal Reserve bank that is requested to do so by the Bank shall act as its depository or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks.
(g)For the purpose of any civil action which may be brought within the United States, its territories or possessions, or the Commonwealth of Puerto Rico, by or against the Bank in accordance with the Cooperation Agreement, including an action brought to enforce an arbitral award against the Bank, the Bank shall be deemed to be an inhabitant of the Federal judicial district in which its principal office within the United States or its agency appointed for the purpose of accepting service or notice of service is located, and any such action to which the Bank shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States, including the courts enumerated in section 460 of title 28, shall have original jurisdiction of any such action. When the Bank is a defendant in any action in a State court, it may at any time before trial remove the action into the appropriate district court of the United States by following the procedure for removal provided in section 1446 of title 28.
(h)(1)
(2)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 capital resources as defined in section 4 of Article II of Chapter II of the Cooperation Agreement, and any securities guaranteed by the Bank as to both the principal and interest to which the commitment in section 3(d) of Article II of Chapter II of the Cooperation Agreement is expressly applicable, shall be deemed to be exempted securities within the meaning of section 77c(a)(2) of title 15, and section 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 and necessary in the public interest or for the protection of investors.
(3)The Securities and Exchange Commission, acting in consultation with the National Advisory Council on International Monetary and Financial Problems, is authorized to suspend the provisions of paragraph (2) 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 subsection and in connection therewith shall include any views submitted for such purpose by any association of dealers registered with the Commission.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsec. (a), was in the original “this part” meaning part 2 of subtitle D of title V of Pub. L. 103–182, which enacted this subchapter and amended section 24 of Title 12, Banks and Banking. For complete classification of part 2 to the Code, see Tables. Codification Section is comprised of section 541 of Pub. L. 103–182. Subsec. (h)(1) of section 541 amended section 24 of Title 12, Banks and Banking.

Amendments

2020—Pub. L. 116–260, § 601(a)(1), (2), provided that section 601 of Pub. L. 116–113 does not apply to this section and revived the provisions of this section as if such section 601 had not been enacted. See below. Pub. L. 116–113, § 601, which repealed this section effective on the date the USMCA entered into force (July 1, 2020), was made inapplicable to this section by section 601(a)(1), (2) of Pub. L. 116–260.

Statutory Notes and Related Subsidiaries

Effective Date

of 2020 AmendmentAmendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of Title 19, Customs Duties.

Reference

Citations & Metadata

Citation

22 U.S.C. § 290m

Title 22Foreign Relations and Intercourse

Last Updated

Apr 5, 2026

Release point: 119-73not60