Export Enhancement Act of 1986

(Reported to House from the Committee on Foreign Affairs with amendment, H. Rept. 99-580 (Part I))

Export Enhancement Act of 1986 - Title I: Export Promotion - Directs the Secretary of Commerce to establish within the International Trade Administration the United States and Foreign Commercial Service (Commercial Service). Transfers to the Commercial Service the functions of the United States and Foreign Commercial Services.

Declares that the purpose of the Commercial Service is to promote and protect U.S. business interests abroad. Requires the Commercial Service to place primary emphasis on the promotion of U.S. exports, particularly from small and medium-sized businesses. Sets forth activities to be carried out by the Commercial Service.

Sets forth administrative provisions governing the Commercial Service.

Requires the Secretary of State and the Secretary of Commerce to review periodically the current number of personnel assigned to U.S. diplomatic missions abroad to determine whether an adequate number of such personnel are engaged in economic or commercial duties to assist U.S. exporters and businesses doing business abroad.

Requires each chief of a U.S. diplomatic mission to an important U.S. trading partner which has significant potential for U.S. export sales to report annually to the President and the Congress on: (1) the mission's strategy to expand U.S. exports; and (2) the mission's efforts to assist U.S. industries in expanding export sales and improving their market position.

Declares that the Secretary of Commerce should appoint an officer of the Commercial Service to serve with each U.S. Executive Director of each multilateral development bank. Requires each such officer to assist the U.S. Executive Director in: (1) promoting U.S. exports; (2) keeping U.S. businesses informed of bidding opportunities in countries receiving development bank loans; (3) providing assistance to U.S. businesses with respect to certain businesses and in completing bidding documents; and (4) investigating complaints from U.S. bidders about procurement contracts by such banks.

Amends the Export Administration Amendments Act of 1985 to authorize the Secretary of Commerce to establish a Market Development Cooperator Program the purpose of which is to develop, maintain, and expand foreign markets for nonagricultural goods and services produced in the United States. Authorizes the Secretary of Commerce to enter into contracts with nonprofit industry organizations, trade associations, State and regional trade agencies, and other private industry associations to engage in activities in order to: (1) identify market opportunities; (2) introduce new products and processes; (3) eliminate trade and technical barriers; and (4) improve economic and trade relations between the United States and other countries. Defines the Market Development Cooperator Program as an export promotion program.

Declares that it is U.S. policy to: (1) provide agricultural commodities for export; (2) support the principle of free trade; (3) support the negotiating objectives set forth in the Comprehensive Trade Policy Reform Act of 1986; (4) counter aggressively unfair foreign trade practices and to use all available means to encourage fair and more open trade; and (5) provide for increased representation of U.S. agricultural trade interests in the formulation of fiscal and monetary policy affecting trade.

Amends the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480) to include U.S. wood and wood products among the agricultural commodities that may be used in development projects funded by local currency generated by Public Law 480. Includes the construction of low-and medium-income housing within the definition of the terms "private sector development activity" and "private enterprise investment" as used in the private enterprise promotion provisions of such Act.

Requires the President to submit to the Congress an annual Long Term Agricultural Trade Strategy Report. Sets forth information to be contained in such report, including recommended Federal spending levels and recommended strategies for growth in agricultural trade and exports. Requires the Secretary of Agriculture to establish within the Department of Agriculture an Office of Agricultural Trade Policy Planning and Evaluation which shall coordinate the preparation of such report.

Authorizes the Secretary of Agriculture to make certain commodities available to cooperator organizations for demonstration projects designed to expand U.S. markets. Authorizes the Secretary of Agriculture to expand the number of agricultural counselors and other Department of Agriculture representatives overseas. Requires the Secretary of Agriculture to assist State agriculture departments in supporting export efforts of private companies. Requires the Secretary of Agriculture to establish within the Foreign Agricultural Service a commodity division to promote value-added products not covered by cooperator agreements and to help develop a cooperator organization to support the marketing role of the division.

Expresses the sense of the Congress that the Office of Technology Assessment, in conducting a grain quality study, should: (1) evaluate the international competitive problems attributable to grain quality standards and handling practices; (2) identify the extent to which such standards and practices have contributed toward the decline in U.S. grain exports; (3) perform a comparative analysis of U.S. standards and handling technology and the standards and technology of major grain export competitors; (4) evaluate the consequences of subjecting U.S. export grain elevators to certain grain standards regulations; and (5) evaluate the current method of establishing grain classification, the feasibility of using new technology to classify grains, and the impact of new seed varieties on exports and users of grain. Requires the Office to report on such study to specified congressional committees by December 1, 1986.

Amends the Food Security Act of 1985 to direct the Secretary of Agriculture, in carrying out the export enhancement program established by such Act, to give priority to foreign purchasers of agricultural commodities who have either non-discriminatory treatment (most-favored-nation treatment) or a negative trade balance with the United States.

Amends the Agricultural Trade and Export Policy Commission Act to terminate the Agricultural Trade and Export Policy Commission within 90 days of transmission of its final report.

Authorizes appropriations to the Secretary of Agriculture to conduct research that would enhance the long-term competitiveness in world markets of U.S. agricultural exports. Requires the Secretary of Agriculture to: (1) monitor foreign research and trade practices carried out to promote agricultural exports; and (2) report annually to the Congress on trends in the competitive position of U.S. agricultural exports in the world market, foreign agricultural research developments, foreign agricultural export subsidies, and the marketing in nonmarket economies of U.S. agricultural exports.

Amends the Export Trading Company Act of 1982 to require the Secretary of Commerce to report annually to specified congressional committees on certificates of review issued under title III of such Act.

Amends the Bank Holding Company Act of 1956 to change the definitions of the terms "export trading company" and "principally engaged in exporting." Prohibits the Federal Reserve Board from disapproving a proposed investment on the basis of the proposed assets to equity ratio of an export trading company unless the proposed annual average ratio is greater than 25 to one. Prohibits the Federal Reserve Board from imposing a dollar limit on the amount of goods which export trading companies may maintain in inventory unless such a limit is necessary for a particular export trading company in order to protect the stability of an investor bank holding company.

Amends the Federal Reserve Act to exclude transactions with affiliated export trading companies from certain restrictions on transactions by Federal Reserve banks with affiliates.

Amends the Export-Import Bank Act of 1945 to require the Secretary of the Treasury to establish a Competitive Tied Aid Fund in the Treasury. Authorizes using the Fund to make available to U.S. exporters financing which is competitive with the advantageous financing provided to their competitors from countries engaging in predacious official export financing and to supplement the financing of U.S. exports to foreign markets which are actual or potential export markets for any country that: (1) engages in predacious official export financing through the use of tied or partially untied aid credits; and (2) impedes negotiations to eliminate the use of such credits for commercial purposes. Declares that the Secretary of the Treasury: (1) should avoid using the Fund to finance only one or two export projects; (2) should seek to use the Fund to finance only U.S. exports that would be reasonably competitive in the absence of the predatory export financing practices of the other country; and (3) shall ensure that the Fund is used only to assist certain U.S. entities or entities wholly owned by U.S. citizens.

Authorizes the amounts in the Fund to be used only with the approval of a majority of the members of the National Advisory Council on International Monetary and Financial Policies (the Council). Sets forth the duties of the Council.

Directs the Secrtary of the Treasury to report on a quarterly basis to the Congress on the activities carried out under this Act.

Requires the Export-Import Bank, until the funds authorized by this Act become available for expenditure, to make aggressive use of tied aid credits. Requires the Bank to be reimbursed for the cost of any such credits.

Authorizes appropriations to the Fund for FY 1987.

Terminates the authorities (relating to mixed credit programs) contained in this Act and the Trade and Development Enhancement Act of 1983 when the Secretary of the Treasury certifies to the Congress that a majority of the members of the Council have determined that: (1) the United States has reached an agreement with member countries of the Organization for Economic Cooperation and Development which ends abuses of tied and partially untied aid credits; and (2) those countries are honoring the agreement.

Amends the Trade and Development Enhancement Act of 1983 to eliminate the limitation on the type of funds that the Agency for International Development may use to support mixed credits.

Expresses the sense of the Congress that the availability of Federal export financing contributes to the maintenance and expansion of U.S. exports and can serve to reverse the trend toward overseas production.

Directs the Secretary of State to report annually to specified congressional committees on the economic policy and trade practices of each country with which the United States has an economic or trade relationship. Sets forth information to be included in such report.

Amends the Export Administration Amendments Act of 1985 to authorize appropriations for FY 1987 and 1988 to the Department of Commerce for export promotion programs.

Title II: Export Controls - Amends the Export Administration Act of 1979 to prohibit the export of any domestically produced crude oil unless specified conditions are met. (Current law applies such conditions only to exports of oil transported over the Trans-Alaska Pipeline.)

Permits the use of distribution licenses for exports to China.

Prohibits requiring permission to reexport goods subject to U.S. jurisdiction: (1) to or from any country which maintains export controls on such goods cooperatively with the United States pursuant to certain agreements; or (2) from any country when the goods to be reexported are incorporated in other goods and do not exceed $10,000 in value and do not constitute more than 20 percent of the value of the goods in which they are incorporated.

Prohibits requiring permission to export (to countries other than controlled countries) goods or technology which, if exported pursuant to the COCOM agreement (Coordinating Committee on Export Controls), would require only notification of COCOM governments. Authorizes the Secretary of Commerce to require exporters of such goods to such countries to notify the Department of Commerce of those exports.

Provides for quarterly partial reviews of the control list of goods subjects to export controls. Requires all goods and technology on the list to be reviewed at least annually. Requires the Secretary of Defense to review the goods on the list of militarily critical technologies on an ongoing basis. (Currently such review is required at least annually.)

Requires the Secretary of Commerce, in consultation with the Secretary of Defense, to identify those goods subject to national security export controls which contribute least directly to the military potential of any controlled country and which constitute about 40 percent of all national security export controls. Requires the list of such goods to include all medical instruments and equipment and goods so widely available that export controls are ineffective. Requires the Secretary of Commerce to submit such list to the Congress and to the Coordinating Committee, within one year of enactment of this Act, together with the total number of goods subject to national security export controls. Provides for a gradual 40 percent reduction of the number of goods subject to such controls.

Requires the Secretary of Commerce to review the foreign availability (to countries subject to national security export controls) of goods subject to such controls from sources outside the United States, including sources within such countries. Prohibits requiring a validated export license for exports of such goods to such countries during the period of foreign availability. Differentiates between cases of foreign availability in China and cases of foreign availability in other controlled countries. Requires the President to pursue negotiations to remove the foreign availability of such exports in any case in which national security export controls are maintained with respect to controlled countries (other than China).

Requires the Secretary of State, in any case where national security export controls are maintained with respect to China or any other noncontrolled country notwithstanding foreign availability in such country, to pursue negotiations with the country involved. Prohibits requiring a validated license for exports to such country if such negotiations produce an agreement providing for export controls by such country and, one year after the country has maintained such controls, the Secretary of State determines that such controls are comparable to the national security export controls imposed by the United States. Provides that such negotiations be carried out when certain technical advisory committees determine that the goods or technology with respect to which such committees were appointed have become available to a country subject to national security export controls.

Imposes a timetable for responses by the Secretary of Commerce to allegations by export license applicants that foreign availability exists.

Defines "foreign availability in controlled countries" to include availability of any goods or technology in any country: (1) from which such goods or technology is not restricted for export to any controlled country; or (2) in which such export restrictions are determined to be ineffective.

Requires the President to include industry representatives in the U.S. delegation to the Coordinating Committee for purposes of reviewing the control list.

Prohibits the Customs Service from seizing or detaining for more than ten days any shipment of goods or technology which are eligible for export under a general license.

Authorizes appropriations to the Department of Commerce for FY 1987 and 1988 to carry out the Export Administration Act of 1979.

Authorizes appropriations to the Customs Service for FY 1987 and 1988 to enforce the export controls under such Act.

Requires the Comptroller General of the United States to evaluate and report to the Congress on the activities of the Department of Defense regarding the review of export license applications for the exports to noncontrolled countries.

Title III: Debt, Development, and World Growth - Requires the President and the Secretary of the Treasury to take the necessary steps to continue ongoing negotiations with West Germany, the United Kingdom, France, and Japan and to initiate negotiations with other countries in order to: (1) coordinate macroeconomic policies so as to promote stable exchange rates and growth patterns; (2) achieve expansionist economic policies and agreements which have the specific purpose of increasing the market for U.S. exports and exports from developing countries; (3) promote growth-oriented economic policies; (4) encourage countries to base growth on a balance of foreign and domestic demand and to discourage excessive reliance on exports for growth; and (5) advise U.S. trading partners that the United States is prepared to retaliate in cases involving unfair trade practices.

Declares that a key U.S. objective in economic summits is to obtain the agreement of the participants to adopt growth-oriented national economic policies and to increase the size of the market for U.S. exports and exports from developing countries. Requires such objective to be placed on the agenda of all economic summits to which the United States is a party. Requires reports to the Congress on such meetings.

Expresses the sense of the Congress that increases in the development of developing countries and the economic recovery of the United States and other industrialized countries can only be assured if world trade is expanded and market access for all countries is increased.

Declares that it is U.S. policy that any foreign assistance provided by the United States to developing countries shall be consistent with and supportive of long-term trade liberalization in those countries.

Reaffirms congressional support for the Overseas Private Investment Corporation (OPIC). Declares that OPIC should increase its loan guaranty and direct investment programs.

Amends the Foreign Assistance Act of 1961 to require OPIC to issue at least a specified amount in guaranties and to make loans in at least a specified amount in each fiscal year. Provides for an increase in OPIC staff to administer its expanded programs.

Reaffirms congressional support for the Trade and Development Program. Increases the authorized appropriations for FY 1987 to such program. Establishes such program as an independent agency of the International Development Cooperation Agency.

Directs the President to establish an interagency group on countertrade to review U.S. policy on countertrade and make recommendations on the use of countertrade as a method of enhancing bilateral U.S. economic assistance programs and on expanding the information available on countertrade.

Title IV: Protection of United States Business Interests Abroad - Expresses the sense of the Congress regarding international protection of intellectual property.

Amends the Securities and Exchange Act of 1934 and the Foreign Corrupt Practices Act of 1977 to prohibit certain securities issuers and domestic concerns from offering or making payments to foreign officials in order to assist the issuers or concerns in obtaining or retaining business, including the procurement of legislative, judicial, regulatory, or other action in seeking more favorable treatment by a foreign government. Prohibits such issuers and concerns from using any means of interstate commerce with knowledge or with reckless disregard that a third party will make such payments or offers. Declares that it is a defense to actions under this title that: (1) a payment was made to expedite or secure the performance of a routine governmental action by a foreign official; or (2) a payment or offer that was made was legal in the country involved.

Declares that an issuer or concern may not be held vicariously liable for a violation by its employee, who is not an officer or director, if: (1) such issuer or concern has established reasonable procedures to prevent and detect any such violation; and (2) the supervisor of such employee used due diligence to prevent the commission of the offense by that employee.

Requires the Attorney General to determine to what extent the business community would be assisted by further clarification of the corrupt practices provisions. Authorizes the Attorney General to issue guidelines and procedures to help businesses comply with such provisions. Provides for the issuance of responses by the Attorney General to specific inquiries on compliance with such provisions. Sets forth penalties for violations of such provisions.

Directs the Secretary of Commerce to review the impact of such amendments to the Securities and Exchange Act of 1934 and to the Foreign Corrupt Practices Act of 1977 on the export activities of U.S. businesses in countries of principal trading importance to the United States. Requires the Secretary of Commerce to report on such review to the President and specified congressional committees.

Expresses the sense of the Congress that the President should pursue the negotiation of an international agreement on the acts prohibited with respect to issuers and domestic concerns by this title. Requires the President to report to the Congress, within one year of enactment of this Act, on: (1) the progress of such negotiations; (2) additional steps that may be taken if such negotiations do not eliminate the competitive disadvantage of U.S. businesses that results when persons from other countries commit the acts proscribed by this title; and (3) possible actions that could be taken to promote international cooperation to prevent bribery of foreign officials, candidates, or parties third countries. Sets forth information to be included in such report.

Expresses the sense of the Congress that reform of liability laws is urgently needed at both the State and Federal level in order to maintain the international competitiveness of the United States in world markets.

Title V: Miscellaneous Provisions - Amends the Trading with the Enemy Act to delete the provisions which set forth the duties of the Office of Alien Property. Directs the Attorney General to cover into the Treasury, to the credit of miscellaneous receipts, all sums from property vested in or transferred to the Attorney General under the Trading with the Enemy Act: (1) which are received after enactment of this Act; or (2) which are received before such time and which had not yet been covered into the Treasury, other than any such sums which are the subject matter of a judicial action or proceeding.

Deletes the provision requiring an annual report on all proceedings under such Act.

Exempts from import restrictions under such Act the importation of informational materials from any country.