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. (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. (2) be subject to trade-distorting performance requirements imposed by the host country that are likely to result in a significant net reduction in—

   1. (A) employment in the United States or other member countries; or
   2. (B) other trade benefits likely to accrue to the United States or other member countries from the investment; or
3. (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.

(Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134.)

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.