AGRICULTURE

### Page 1587 TITLE 7—AGRICULTURE § 5622

(c) Determinations

The Commodity Credit Corporation shall not
finance an export sale under subsection (b) of
this section unless the Secretary determines

that such sale will— (1) develop, expand, or maintain the import

ing country as a foreign market, on a longterm basis, for the commercial sale and export
of United States agricultural commodities,
without displacing normal commercial sales; (2) improve the capability of the importing
country to purchase and use, on a long-term
basis, United States agricultural commodities;

or (3) otherwise promote the export of United
States agricultural commodities.

The reference in paragraphs (1) and (2) to ‘‘on a
long-term basis’’ shall not apply in the case of
determinations with respect to sales to the inde

pendent states of the former Soviet Union.

(d) Use of program

(1) General uses

The Commodity Credit Corporation may use
export sales financing authorized under this

section— (A) to increase exports of agricultural
commodities; (B) to compete against foreign agricultural

exports; (C) to assist countries in meeting their
food and fiber needs, particularly— (i) developing countries; and (ii) countries that are emerging markets
that have committed to carry out, or are
carrying out, policies that promote eco

nomic freedom, private domestic produc

tion of food commodities for domestic con

sumption, and the creation and expansion
of efficient domestic markets for the pur

chase and sale of agricultural commod

ities; and

(D) for such other purposes as the Sec

retary determines appropriate consistent
with the provisions of subsection (c) of this

section.

(2) General restrictions

Export sales financing authorized under this
section shall not be used for foreign aid, for

eign policy, or debt rescheduling purposes. The
provisions of the cargo preference laws shall
not apply to export sales financed under this

section.

(e) Terms of credit assistance

Any contract for the financing of exports by
the Commodity Credit Corporation under this

section shall include— (1) a requirement that repayment shall be
made in dollars with interest accruing thereon
as determined appropriate by the Secretary;

and (2) a requirement, if the Secretary deter

mines such requirement appropriate to protect

the interests of the United States, that an ini

tial payment be made by the purchaser at the
time of sale or shipment of the agricultural
commodity that is subject to the contract.

(f) Restrictions

The Commodity Credit Corporation may not
make export sales financing authorized under this section available in connection with sales of
an agricultural commodity to any country that
the Secretary determines cannot adequately

service the debt associated with such sale.

(Pub. L. 95–501, title II, §201, as added Pub. L.
101–624, title XV, §1531, Nov. 28, 1990, 104 Stat.

3672; amended Pub. L. 102–511, title VII,
§707(a)–(c), Oct. 24, 1992, 106 Stat. 3350, 3351; Pub.
L. 104–127, title II, §277(c)(2), Apr. 4, 1996, 110
Stat. 979.)

P RIOR P ROVISIONS

A prior section 201 of Pub. L. 95–501 enacted section

1707b of this title prior to the complete revision of Pub.

L. 95–501 by Pub. L. 101–624.

A MENDMENTS

1996—Subsec. (d)(1)(C)(ii). Pub. L. 104–127 substituted

‘‘emerging markets’’ for ‘‘emerging democracies’’.

1992—Subsec. (c). Pub. L. 102–511, §707(a), inserted

sentence at end.

Subsec. (d)(1)(C). Pub. L. 102–511, §707(b), amended

subpar. (C) generally. Prior to amendment, subpar. (C)

read as follows: ‘‘to assist countries, particularly devel

oping countries, in meeting their food and fiber needs;

and’’.

Subsec. (f). Pub. L. 102–511, §707(c), added subsec. (f).

R EGULATIONS

Pub. L. 102–511, title VII, §707(d), Oct. 24, 1992, 106

Stat. 3351, required Secretary of Agriculture to issue

final regulations to implement this section not later

than 30 days after Oct. 24, 1992, prior to repeal by Pub.

L. 104–127, title II, §276, Apr. 4, 1996, 110 Stat. 977.



### § 5622. Export credit guarantee program

(a) Short-term credit guarantees

The Commodity Credit Corporation may guar

antee the repayment of credit made available to
finance commercial export sales of agricultural
commodities, including processed agricultural
products and high-value agricultural products,
from privately owned stocks on credit terms
that do not exceed a 3-year period.

(b) Purpose of program

The Commodity Credit Corporation may use
export credit guarantees authorized under this

section—
(1) to increase exports of agricultural com

modities;
(2) to compete against foreign agricultural

exports;
(3) to assist countries in meeting their food
and fiber needs, particularly—
(A) developing countries; and
(B) countries that are emerging markets
that have committed to carry out, or are
carrying out, policies that promote eco

nomic freedom, private domestic production
of food commodities for domestic consump

tion, and the creation and expansion of effi

cient domestic markets for the purchase and
sale of agricultural commodities; and

(4) for such other purposes as the Secretary
determines appropriate.

(c) Restrictions on use of credit guarantees

Export credit guarantees authorized by this
section shall not be used for foreign aid, foreign
policy, or debt rescheduling purposes. The provi

sions of the cargo preference laws shall not

### Page 1588 TITLE 7—AGRICULTURE § 5622

apply to export sales with respect to which cred

it is guaranteed under this section.

(d) Restrictions

The Commodity Credit Corporation shall not
make credit guarantees available in connection
with sales of agricultural commodities to any
country that the Secretary determines cannot
adequately service the debt associated with such

sale.

(e) Terms

Export credit guarantees issued pursuant to

this section shall contain such terms and condi

tions as the Commodity Credit Corporation de

termines to be necessary.

(f) United States agricultural commodities

The Commodity Credit Corporation shall fi

nance or guarantee under this section only
United States agricultural commodities.

(g) Ineligibility of financial institutions

(1) In general

A financial institution shall be ineligible to
receive an assignment of a credit guarantee is

sued by the Commodity Credit Corporation
under this section if it is determined by the
Corporation, at the time of the assignment,

that such financial institution—
(A) is the financial institution issuing the
letter of credit or a subsidiary of such insti

tution; or
(B) is owned or controlled by an entity

that owns or controls that financial institu

tion issuing the letter of credit.

(2) Third country banks

The Commodity Credit Corporation may
guarantee under subsection (a) of this section
the repayment of credit made available to fi

nance an export sale irrespective of whether
the obligor is located in the country to which
the export sale is destined.

(h) Conditions for fish and processed fish prod

ucts

In making available any guarantees of credit

under this section in connection with sales of
fish and processed fish products, the Secretary
shall make such guarantees available under
terms and conditions that are comparable to the
terms and conditions that apply to guarantees
provided with respect to sales of other agricul

tural commodities under this section.

(i) Processed and high-value products

(1) In general

In issuing export credit guarantees under
this section, the Commodity Credit Corpora

tion shall, subject to paragraph (2), ensure
that not less than 25 percent for each of fiscal
years 1996 and 1997, 30 percent for each of fiscal
years 1998 and 1999, and 35 percent for each of
fiscal years 2000 through 2007, of the total
amount of credit guarantees issued for a fiscal
year is issued to promote the export of proc

essed or high-value agricultural products and
that the balance is issued to promote the ex

port of bulk or raw agricultural commodities.

(2) Limitation

The percentage requirement of paragraph (1)
shall apply for a fiscal year to the extent that a reduction in the total amount of credit guar

antees issued for the fiscal year is not required
to meet the percentage requirement.

(j) Consultation on agricultural export credit

programs

The Secretary and the United States Trade
Representative shall consult on a regular basis
with the Committee on Agriculture, and the

Committee on International Relations, of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Sen

ate on the status of multilateral negotiations
regarding agricultural export credit programs.

(k) Administration

(1) Definition of long term

In this subsection, the term ‘‘long term’’
means a period of 10 or more years.

(2) Guarantees

In administering the export credit guaran

tees authorized under this section, the Sec

retary shall—
(A) maximize the export sales of agricul

tural commodities;
(B) maximize the export credit guarantees
that are made available and used during the
course of a fiscal year;
(C) develop an approach to risk evaluation
that facilitates accurate country risk des

ignations and timely adjustments to the des

ignations (on an ongoing basis) in response
to material changes in country risk condi

tions, with ongoing opportunity for input
and evaluation from the private sector;
(D) adjust risk-based guarantees as nec

essary to ensure program effectiveness and
United States competitiveness; and
(E) work with industry to ensure, to the
maximum extent practicable, that riskbased fees associated with the guarantees
cover, but do not exceed, the operating costs
and losses over the long term.

(Pub. L. 95–501, title II, §202, as added Pub. L.
101–624, title XV, §1531, Nov. 28, 1990, 104 Stat.
3673; amended Pub. L. 102–237, title III, §334, Dec.

13, 1991, 105 Stat. 1859; Pub. L. 102–511, title VII,
§§708, 709(a), Oct. 24, 1992, 106 Stat. 3351; Pub. L.
104–127, title II, §§243(a), 277(c)(3), Apr. 4, 1996, 110

Stat. 965, 979; Pub. L. 107–171, title III,
§3102(a)–(c), May 13, 2002, 116 Stat. 289; Pub. L.
110–246, title III, §3101(a), (c), June 18, 2008, 122
Stat. 1831, 1832.)

P RIOR P ROVISIONS

A prior section 202 of Pub. L. 95–501 enacted section

1707c of this title prior to the complete revision of Pub.

L. 95–501 by Pub. L. 101–624.

A MENDMENTS

2008—Subsec. (a). Pub. L. 110–246, §3101(a)(1), struck

out par. (1) designation and heading before ‘‘The Com

modity’’ and struck out pars. (2) and (3) which related

to supplier credits and extended supplier credits, re

spectively.

Subsec. (b). Pub. L. 110–246, §3101(a)(2), (3), redesig

nated subsec. (d) as (b) and struck out former subsec.

(b). Prior to amendment, text read as follows: ‘‘Subject

to the provisions of subsection (c) of this section, the

Commodity Credit Corporation may guarantee the re

payment of credit made available by financial institu

tions in the United States to finance commercial ex

-

### Page 1589 TITLE 7—AGRICULTURE § 5622

port sales of agricultural commodities, including proc

essed agricultural products and high-value agricultural

products, from privately owned stocks on credit terms

that are for not less than a 3-year period nor for more

than a 10-year period in a manner that will directly

benefit United States agricultural producers.’’
Subsec. (b)(4). Pub. L. 110–246, §3101(c)(1), struck out

‘‘, consistent with the provisions of subsection (c) of

this section’’ after ‘‘appropriate’’.
Subsec. (c). Pub. L. 110–246, §3101(a)(2), (3), redesig

nated subsec. (e) as (c) and struck out former subsec.

(c) which related to requirements for guarantees under

former subsec. (b).
Subsec. (d). Pub. L. 110–246, §3101(c)(2), struck out par.

(1) designation and heading before ‘‘The Commodity’’

and struck out par. (2) which related to criteria for the

determination required under this subsec. with respect

to credit guarantees under former subsec. (b).
Pub. L. 110–246, §3101(a)(3), redesignated subsec. (f) as

(d). Former subsec. (d) redesignated (b).
Subsecs. (e) to (g). Pub. L. 110–246, §3101(a)(3), redesig

nated subsecs. (g) to (i) as (e) to (g), respectively.

Former subsecs. (e) and (f) redesignated (c) and (d), re

spectively.
Subsec. (g)(2). Pub. L. 110–246, §3101(c)(3), substituted

‘‘subsection (a)’’ for ‘‘subsections (a) and (b)’’.
Subsecs. (h) to ( l ). Pub. L. 110–246, §3101(a)(3), (4), re

designated subsecs. (j) to ( l ) as (h) to (j), respectively,

and added subsec. (k). Former subsecs. (h) and (i) redes

ignated (f) and (g), respectively.
2002—Subsec. (a)(3). Pub. L. 107–171, §3102(a), added

par. (3).
Subsec. (k)(1). Pub. L. 107–171, §3102(b), substituted

‘‘through 2007’’ for ‘‘, 2001, and 2002’’.
Subsec. ( l ). Pub. L. 107–171, §3102(c), added subsec. ( l ).
1996—Subsec. (a). Pub. L. 104–127, §243(a)(1), des

ignated existing provisions as par. (1), inserted heading,

and added par. (2).
Subsec. (d)(3)(B). Pub. L. 104–127, §277(c)(3), sub

stituted ‘‘emerging markets’’ for ‘‘emerging democ

racies’’.
Subsec. (f). Pub. L. 104–127, §243(a)(2), designated ex

isting provisions as par. (1), inserted heading, and

added par. (2).
Subsec. (h). Pub. L. 104–127, §243(a)(3), added subsec.

(h) and struck out heading and text of former subsec.

(h). Text read as follows: ‘‘The Commodity Credit Cor

poration shall finance or guarantee under this section

only United States agricultural commodities. The

Commodity Credit Corporation shall not finance or

guarantee under this section the value of any foreign

agricultural component.’’
Subsec. (i). Pub. L. 104–127, §243(a)(4), designated ex

isting provisions as par. (1), inserted heading, struck

out former par. (1) which read as follows: ‘‘is not in a

sound financial condition;’’, redesignated pars. (2) and

(3) as subpars. (A) and (B), respectively, of par. (1), and

added par. (2).
Subsec. (k). Pub. L. 104–127, §243(a)(5), added subsec.

(k) and struck out heading and text of former subsec.

(k). Text read as follows:
‘‘(1) I N GENERAL .—In issuing export credit guarantees

under this section in connection with sales to the inde

pendent states of the former Soviet Union, the Com

modity Credit Corporation shall, to the extent prac

ticable and subject to paragraph (2), ensure that no less

than 35 percent of the total amount of credit guaran

tees issued for a fiscal year are issued to promote the

export of processed and high-value agricultural prod

ucts and that the balance are issued to promote the ex

port of bulk or raw agricultural commodities.
‘‘(2) L IMITATION .—The 35 percent requirement of para

graph (1) shall apply for a fiscal year only to the extent

that the percentage of the total amount of credit guar

antees issued for that fiscal year under this section to

promote the export to all countries of processed and

high-value agricultural products is less than 25 per

cent.’’
1992—Subsecs. (a), (b). Pub. L. 102–511, §709(a)(1), in

serted ‘‘, including processed agricultural products and high-value agricultural products,’’ after ‘‘agricultural

commodities’’.

Subsec. (c). Pub. L. 102–511, §708(a), inserted sentence

at end.

Subsec. (d)(3). Pub. L. 102–511, §708(b), amended par.

(3) generally. Prior to amendment, par. (3) read as fol

lows: ‘‘to assist countries, particularly developing

countries, in meeting their food and fiber needs; and’’.

Subsec. (k). Pub. L. 102–511, §709(a)(2), added subsec.

(k).

1991—Subsec. (i). Pub. L. 102–237 substituted ‘‘issued

by the Commodity Credit Corporation under this sec

tion if it is determined by the Corporation, at the time

of the assignment, that’’ for ‘‘or proceeds payable

under a credit guarantee issued by the Commodity

Credit Corporation under this section if it is deter

mined by the Corporation that’’.

C HANGE OF N AME

Committee on International Relations of House of

Representatives changed to Committee on Foreign Af

fairs of House of Representatives by House Resolution

No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

E FFECTIVE D ATE OF 2008 A MENDMENT

Amendment by Pub. L. 110–246 effective May 22, 2008,

see section 4(b) of Pub. L. 110–246, set out as an Effec

tive Date note under section 8701 of this title.

R EGULATIONS

Pub. L. 104–127, title II, §243(d), Apr. 4, 1996, 110 Stat.

967, provided that: ‘‘Not later than 180 days after the

date of enactment of this Act [Apr. 4, 1996], the Sec

retary of Agriculture shall issue regulations to carry

out the amendments made by this section [amending

this section and sections 5602 and 5641 of this title].’’

P ROMOTION OF A GRICULTURAL E XPORTS TO E MERGING

M ARKETS

Pub. L. 101–624, title XV, §1542, Nov. 28, 1990, 104 Stat.

3691, as amended by Pub. L. 102–237, title III, §338, Dec.

13, 1991, 105 Stat. 1859; Pub. L. 102–511, title VII, §706,

Oct. 24, 1992, 106 Stat. 3350; Pub. L. 103–182, title III,

§321(g), Dec. 8, 1993, 107 Stat. 2112; Pub. L. 104–127, title

II, §§277(a), 278, Apr. 4, 1996, 110 Stat. 977, 979; Pub. L.

107–171, title III, §3203, May 13, 2002, 116 Stat. 300; Pub.

L. 110–246, title III, §3204, June 18, 2008, 122 Stat. 1837,

provided that:

‘‘(a) F UNDING .—The Commodity Credit Corporation

shall make available for fiscal years 1996 through 2012

not less than $1,000,000,000 of direct credits or export

credit guarantees for exports to emerging markets

under section 201 or 202 of the Agricultural Trade Act

of 1978 (7 U.S.C. 5621 and 5622), in addition to the

amounts acquired or authorized under section 211 of the

Act (7 U.S.C. 5641) for the program.

‘‘(b) F ACILITIES AND S ERVICES .— ‘‘(1) I N GENERAL .—A portion of such export credit

guarantees shall be made available for—

‘‘(A) the establishment or improvement of facili

ties, or

‘‘(B) the provision of services or United States

produced goods,

in emerging markets by United States persons to im

prove handling, marketing, processing, storage, or dis

tribution of imported agricultural commodities and

products thereof if the Secretary of Agriculture deter

mines that such guarantees will primarily promote the

export of United States agricultural commodities (as

defined in section 102(7) of the Agricultural Trade Act

of 1978 [7 U.S.C. 5602(7)]).

‘‘(2) P RIORITY .—The Commodity Credit Corporation

shall give priority under this subsection to—

‘‘(A) projects that encourage the privatization of

the agricultural sector or that benefit private

farms or cooperatives in emerging markets; and

‘‘(B) projects for which nongovernmental persons

agree to assume a relatively larger share of the

costs.

### Page 1590 TITLE 7—AGRICULTURE § 5622

‘‘(3) C ONSTRUCTION WAIVER .—The Secretary may

waive any applicable requirements relating to the use

of United States goods in the construction of a pro

posed facility, if the Secretary determines that—
‘‘(A) goods from the United States are not avail

able; or
‘‘(B) the use of goods from the United States is

not practicable.
‘‘(4) T ERM OF GUARANTEE .—A facility payment guar

antee under this subsection shall be for a term that

is not more than the lesser of—
‘‘(A) the term of the depreciation schedule of the

facility assisted; or
‘‘(B) 20 years.
‘‘(c) C ONSULTATIONS .—Before the authority under this

section is exercised, the Secretary of Agriculture shall

consult with exporters of United States agricultural

commodities (as defined in section 102(7) of the Agricul

tural Trade Act of 1978 [7 U.S.C. 5602(7)]), nongovern

mental experts, and other Federal Government agen

cies in order to ensure that facilities in an emerging

market for which financing is guaranteed under para

graph (1)(B) do not primarily benefit countries which

are in close geographic proximity to that emerging

market.
‘‘(d) E (K IKA ) DE LA G ARZA A GRICULTURAL F ELLOWSHIP

P ROGRAM .—The Secretary of Agriculture (hereafter in

this section referred to as the ‘Secretary’) shall estab

lish a program, to be known as the ‘E (Kika) de la

Garza Agricultural Fellowship Program’, to develop ag

ricultural markets in emerging markets and to pro

mote cooperation and exchange of information between

agricultural institutions and agribusinesses in the

United States and emerging markets, as follows:
‘‘(1) D EVELOPMENT OF AGRICULTURAL SYSTEMS .— ‘‘(A) I N GENERAL .— ‘‘(i) E STABLISHMENT OF PROGRAM .—For each of

the fiscal years 1991 through 2012, the Secretary of

Agriculture (hereafter in this section referred to

as the ‘Secretary’), in order to develop, maintain,

or expand markets for United States agricultural

exports, is directed to make available to emerg

ing markets the expertise of the United States to

make assessments of the food and rural business

systems needs of such democracies [markets],

make recommendations on measures necessary to

enhance the effectiveness of the systems, includ

ing potential reductions in trade barriers, and

identify and carry out specific opportunities and

projects to enhance the effectiveness of those sys

tems.
‘‘(ii) E XTENT OF PROGRAM .—The Secretary shall

implement this paragraph with respect to at least

3 emerging markets in each fiscal year.
‘‘(B) E XPERTS FROM THE UNITED STATES .—The Sec

retary may implement the requirements of sub

paragraph (A)—
‘‘(i) by providing assistance to teams consisting

primarily of agricultural consultants, farmers,

other persons from the private sector, and gov

ernment officials expert in assessing the food and

rural business systems of other countries to en

able such teams to conduct the assessments,

make the recommendations, and identify the op

portunities and projects specified in subparagraph

(A) in emerging markets;
‘‘(ii) by providing necessary subsistence ex

penses in the United States and necessary trans

portation expenses by individuals designated by

emerging markets to enable such individuals to

consult with food and rural business system ex

perts in the United States to enhance such sys

tems of such emerging markets; and
‘‘(iii) by providing for necessary subsistence ex

penses in emerging markets and necessary trans

portation expenses of United States agricultural

producers and other individuals knowledgeable in

agricultural and agribusiness matters to assist in

transferring their knowledge and expertise to en

tities in emerging markets. ‘‘(C) C OST

- SHARING .—The Secretary shall encour

age the nongovernmental experts described in sub

paragraph (B) to share the costs of, and otherwise

assist in, the participation of such experts in the

program under this paragraph.
‘‘(D) T ECHNICAL ASSISTANCE .—The Secretary is au

thorized to provide, or pay the necessary costs for,

technical assistance (including the establishment

of extension services) to enable individuals or other

entities to implement the recommendations or to

carry out the opportunities and projects identified

under paragraph (1)(A). Notwithstanding any other

provision of law, the assistance shall include assist

ance for administrative and overhead expenses of

the International Cooperation and Development

Program Area of the Foreign Agriculture Service,

to the extent that the expenses were incurred pur

suant to reimbursable agreements entered into

prior to September 30, 1993, the expenses do not ex

ceed $2,000,000 per year, and the expenses are not in

curred for information technology systems.
‘‘(E) R EPORTS TO SECRETARY .—A team that re

ceives assistance under subparagraph (B) shall pre

pare such reports as the Secretary may designate.
‘‘(F) A DVISORY COMMITTEE .—To provide the Sec

retary with information that may be useful to the

Secretary in carrying out the provisions of this

paragraph, the Secretary shall establish an advi

sory committee composed of representatives of the

various sectors of the food and rural business sys

tems of the United States.
‘‘(G) U SE OF CCC .—The Secretary shall implement

this paragraph through the funds and facilities of

the Commodity Credit Corporation. The authority

provided under this paragraph shall be in addition

to and not in place of any other authority of the

Secretary or the Commodity Credit Corporation.
‘‘(H) L EVEL OF ASSISTANCE .—The Secretary shall

provide assistance under this paragraph of not more

than $10,000,000 in any fiscal year.
‘‘(2) A GRICULTURAL INFORMATION PROGRAM .— ‘‘(A) E STABLISHMENT OF PROGRAM .—The Secretary

shall establish a program, administered to com

plement the emerging markets export promotion

program developed under this section, to initiate

and develop collaboration between the United

States Department of Agriculture, United States

agribusinesses, and appropriate agricultural insti

tutions in emerging markets in order to promote

the exchange of information and resources that will

make a long-term contribution to the establish

ment of free market food production and distribu

tion systems in emerging markets and the enhance

ment of agricultural trade with the United States.
‘‘(B) I MPLEMENTATION .—The Secretary shall draw

on the Department of Agriculture’s experience to

design, implement, and evaluate, on a cost-sharing

basis with cooperating agricultural institutions, a

program to—
‘‘(i) compile, through contacts with the govern

ments of emerging markets and private sector of

ficials in emerging markets, a list of their agri

cultural institutions, including the location, ca

pabilities, and needs of the institutions;
‘‘(ii) make such information available through

an appropriate agency of the Department of Agri

culture to agribusinesses and agricultural institu

tions in the United States and other agencies of

the United States Government; and
‘‘(iii) carry out a program—
‘‘(I) to review available agricultural informa

tion resources, to determine which would be

useful for the purposes of this program;
‘‘(II) to arrange for the exchange of persons

associated with such agricultural institutions

and agribusinesses with experience or interest

in the areas of need identified in clause (i);
‘‘(III) to help establish contacts between agri

cultural entrepreneurs and businesses in the

United States and emerging markets, which

### Page 1591 TITLE 7—AGRICULTURE § 5623

may include individuals and entities participat

ing in the program established under paragraph

(1), to facilitate cooperation and joint enter

prises; and

‘‘(IV) to provide for the exchange of adminis

trators and faculty members from agricultural

and other institutions to strengthen and revise

educational programs in agricultural eco

nomics, agribusiness, and agrarian law, to sup

port change towards a free market economy in

emerging markets.

‘‘(C) C ONSULTATION AND COORDINATION .—The Sec

retary shall consult and coordinate with the Sec

retary of State and the Agency for International

Development in the formulation and implementa

tion of this program in conjunction with overall as

sistance to emerging markets.

‘‘(D) A UTHORIZATION FOR APPROPRIATIONS .—There

are authorized to be appropriated such sums as may

be necessary to carry out the program established

under this paragraph.

‘‘(e) F OREIGN D EBT B URDENS .— ‘‘(1) E FFECT OF CREDITS .—In carrying out the pro

gram described in subsection (a), the Secretary of Ag

riculture shall ensure that the credits for which re

payment is guaranteed under subsection (a) do not

negatively affect the political and economic situation

in emerging markets by excessively adding to the for

eign debt burdens of such countries.

‘‘(2) C ONSULTATION AND REPORT .—Subject to section

217 of the Department of Agriculture Reorganization

Act of 1994 (7 U.S.C. 6917), not later than 6 months

after the effective date of this title [Nov. 28, 1990],

and not later than the end of each 6-month period oc

curring thereafter, the Secretary of Agriculture, in

consultation with other appropriate Federal depart

ments, shall prepare and transmit to the Committee

on Foreign Affairs and the Committee on Agriculture

of the House of Representatives, and the Committee

on Agriculture, Nutrition, and Forestry of the Senate

a report to assist the Congress in assessing the extent

to which credits for which repayment is guaranteed

under subsection (a) meet the requirements of para

graph (1). The report shall include—

‘‘(A) the amount and allocation, by country, of

credit guarantees issued under subsection (a);

‘‘(B) the aggregate foreign debt burdens of coun

tries receiving commodities or facilities under such

credit guarantees, expressed in terms of debt on ac

count of agricultural commodities or products

thereof, or facilities for which guarantees may be

made under subsection (a)(1)(B), and all other debt;

‘‘(C) the activities of creditor governments and

private creditors to reschedule or reduce payments

due on existing debt owed to such creditors by a

country in cases where such country has been un

able to fully meet its debt obligations; and

‘‘(D) an analysis of—

‘‘(i) the economic effects of the foreign debt

burden of each recipient country, and in particu

lar the economic effects on each recipient coun

try of the credits for which repayment is guaran

teed under subsection (a); and

‘‘(ii) the relationship between any negative eco

nomic effects on any recipient country caused by

its overall foreign debt burden and debt incurred

under subsection (a) and such country’s political

stability.

‘‘(f) E MERGING M ARKET .—In this section and section

1543 [7 U.S.C. 3293], the term ‘emerging market’ means

any country that the Secretary determines—

‘‘(1) is taking steps toward a market-oriented econ

omy through the food, agriculture, or rural business

sectors of the economy of the country; and

‘‘(2) has the potential to provide a viable and sig

nificant market for United States agricultural com

modities or products of United States agricultural

commodities.’’ P RESIDENTIAL D ETERMINATION OF E MERGING

D EMOCRACIES

Determination of President of the United States, No.

95–35, Aug. 10, 1995, 60 F.R. 44723, provided:

Pursuant to the authority vested in me by section

1542(f) of the Food, Agriculture, Conservation and

Trade Act of 1990, as amended (7 U.S.C. 5622 note) (here

inafter ‘‘the Act’’), I hereby determine that the follow

ing countries are taking the steps set forth in section

1542(f) of the Act to qualify as emerging democracies

for purposes of that section:

Albania, Bangladesh, Belarus, Bosnia and Herze

govina, Bulgaria, Cambodia, Croatia, Czech Republic,

Egypt, El Salvador, Estonia, the Former Yugoslav Re

public of Macedonia, Ghana, Guatemala, Hungary, Jor

dan, Kazakhstan, Latvia, Lithuania, Morocco, Namibia,

Nicaragua, Pakistan, Panama, the Philippines, Poland,

Romania, Russia, Slovak Republic, Slovenia, South Af

rica, Tanzania, Tunisia, Ukraine, Yemen, and Zim

babwe.

In making this determination, I have considered the

eligibility only of those countries for which programs

are underway or currently contemplated by the Depart

ment of Agriculture.

The Secretary of State is authorized and directed to

publish this determination in the Federal Register.

W ILLIAM J. C LINTON

.



### § 5623. Market access program

(a) In general

The Commodity Credit Corporation shall es

tablish and carry out a program to encourage
the development, maintenance, and expansion of
commercial export markets for agricultural
commodities (including commodities that are
organically produced (as defined in section 6502
of this title)) through cost-share assistance to
eligible trade organizations that implement a
foreign market development program.

(b) Type of assistance

Assistance under this section may be provided

in the form of funds of, or commodities owned
by, the Commodity Credit Corporation, as deter

mined appropriate by the Secretary.

(c) Requirements for participation

To be eligible for cost-share assistance under
this section, an organization shall—
(1) be an eligible trade organization;
(2) prepare and submit a marketing plan to
the Secretary that meets the guidelines gov

erning such plans established by the Sec

retary; and
(3) meet any other requirements established
by the Secretary.

(d) Eligible trade organizations

An eligible trade organization shall be—
(1) a United States agricultural trade orga

nization or regional State-related organiza

tion that promotes the export and sale of agri

cultural commodities and that does not stand
to profit directly from specific sales of agri

cultural commodities;
(2) a cooperative organization or State agen

cy that promotes the sale of agricultural com

modities; or
(3) a private organization that promotes the
export and sale of agricultural commodities if
the Secretary determines that such organiza

tion would significantly contribute to United
States export market development.