Title 7 — Agriculture
Part A · Chapter 87 — Export Promotion
§ 5621. Direct credit sales program
Statutory text
Short-term program
To promote the sale of agricultural commodities, the Commodity Credit Corporation may finance the commercial export sale of such commodities from privately owned stocks on credit terms for not to exceed a 3-year period.
Intermediate-term program
Subject to subsection (c), to promote the sale of agricultural commodities the Commodity Credit Corporation may finance the commercial export sales of agricultural commodities from privately owned stocks on credit terms for a period of not less than 3 years nor in excess of 10 years in a manner that will directly benefit United States agricultural producers.
Determinations
The Commodity Credit Corporation shall not finance an export sale under subsection (b) unless the Secretary determines that such sale will—
develop, expand, or maintain the importing country as a foreign market, on a long-term basis, for the commercial sale and export of United States agricultural commodities, without displacing normal commercial sales;
improve the capability of the importing country to purchase and use, on a long-term basis, United States agricultural commodities; or
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 independent states of the former Soviet Union.
Use of program
General uses
The Commodity Credit Corporation may use export sales financing authorized under this section—
to increase exports of agricultural commodities;
to compete against foreign agricultural exports;
to assist countries in meeting their food and fiber needs, particularly—
developing countries; and
countries that are emerging markets that have committed to carry out, or are carrying out, policies that promote economic freedom, private domestic production of food commodities for domestic consumption, and the creation and expansion of efficient domestic markets for the purchase and sale of agricultural commodities; and
for such other purposes as the Secretary determines appropriate consistent with the provisions of subsection (c).
General restrictions
Export sales financing authorized under this section shall not be used for foreign aid, foreign policy, or debt rescheduling purposes. The provisions of the cargo preference laws shall not apply to export sales financed under this section.
Terms of credit assistance
Any contract for the financing of exports by the Commodity Credit Corporation under this section shall include—
a requirement that repayment shall be made in dollars with interest accruing thereon as determined appropriate by the Secretary; and
a requirement, if the Secretary determines such requirement appropriate to protect the interests of the United States, that an initial payment be made by the purchaser at the time of sale or shipment of the agricultural commodity that is subject to the contract.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Agricultural Trade Act of 1978
Pub. L. 95–501 title II § 201 · 92 Stat. 1685
Enacted · 7 U.S.C. § 5621
Pub. L. 95–501, title II, § 201, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3672
Source evidence
Code source credit
Pub. L. 95–501, title II, § 201, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3672Enacted provision · exact public law section
Sec. 201. commodity credit corporation financing of deferred payment sales (a) To develop new market opportunities for the sale of United States agricultural commodities and to maintain and expand existing foreign markets for such commodities, the Secretary of Agriculture may provide Commodity Credit Corporation financing to exporters of such commodities who wish to provide deferred payment terms to buyers in other nations in order to meet sales competition from other nations or to make additional export sales. Except as otherwise provided in section 202 of this title, financing under this section shall be available only with respect to sales to those nations that are eligible for financing under the short-term export credit sales program conducted by the Commodity Credit Corporation. (b) Exporters who are willing to sell United States agricultural commodities to foreign buyers on deferred payment terms of not to exceed three years and who must provide such deferred payment terms in order to meet sales competition from other nations, or to make additional export sales, may apply to the Commodity Credit Corporation for financing such sales. Financing under this section shall not be provided by the Corporation until the applicant’s export sales plan has been approved by the Corporation and the applicant has established to the satisfaction of the Corporation that exports have been made in accordance with the approved plan. (c) Repayment to the Commodity Credit Corporation shall be made Repayment in dollars. in dollars by the exporter in accordance with the terms and at interest rates contained in the approved export sales plan. Interest rates on such financing shall be no higher than those charged for financing under the short-term export credit sales program conducted by the Corporation. (d) The Secretary may, if the Secretary deems such action appropriate Performance guarantee. to protect the interests of the United States, require a performance guarantee from the exporter at the time of the sale. (e) Financing agreements with exporters entered into under this Review. section shall be subject to such other terms and conditions as the Secretary may deem necessary or appropriate and shall be subject only to review by the National Advisory Council on International Monetary and Financial Policies. (f) The authority provided under this section shall be in addition to, and not in place of, any authority granted to the Secretary or the Commodity Credit Corporation under any other provision of law.Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992
Pub. L. 102–511 § 707(a) · 106 Stat. 3320
Inserted · 7 U.S.C. § 5621(c)
Pub. L. 102–511, § 707(a), inserted sentence at end
Source evidence
Code amendment note
Subsec. (c). Pub. L. 102–511, § 707(a), inserted sentence at end.Enacted provision · exact public law section
(a) Required Determinations.— Section 201(c) of the Agricultural Trade Act of 1978 (7 U.S.C. 5621(c)) is amended by inserting after paragraph (3) the following: “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 independent states of the former Soviet Union.”.Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992
Pub. L. 102–511 § 707(b) · 106 Stat. 3320
Amended · 7 U.S.C. § 5621(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 developing countries, in meeting their food and fiber needs; and”
Source evidence
Code amendment note
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 developing countries, in meeting their food and fiber needs; and”.Enacted provision · exact public law section
(b) Eligible Countries.— Section 201(d)(1)(C) of the Agricultural Trade Act of 1978 (7 U.S.C. 5621(d)(1)(C)) is amended to read as follows: “(C) to assist countries in meeting their food and fiber needs, particularly— “(i) developing countries; and “(ii) countries that are emerging democracies that have committed to carry out, or are carrying out, policies that promote economic freedom, private domestic production of food commodities for domestic consumption, and the creation and expansion of efficient domestic markets for the purchase and sale of agricultural commodities; and”.Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992
Pub. L. 102–511 § 707(c) · 106 Stat. 3320
Added · 7 U.S.C. § 5621(f)
Pub. L. 102–511, § 707(c), added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 102–511, § 707(c), added subsec. (f).Enacted provision · exact public law section
(c) Restrictions.— Section 201 of the Agricultural Trade Act of 1978 (7 U.S.C. 5621) is amended by adding at the end the following new subsection: “(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.”.Federal Agriculture Improvement and Reform Act of 1996
Pub. L. 104–127 title II § 277(c)(2) · 110 Stat. 888
Substituted · 7 U.S.C. § 5621(d)(1)(C)(ii)
Pub. L. 104–127 substituted “emerging markets” for “emerging democracies”
Source evidence
Code amendment note
Subsec. (d)(1)(C)(ii). Pub. L. 104–127 substituted “emerging markets” for “emerging democracies”.Enacted provision · exact public law section
(2) Section 201(d)(1)(C)(ii) of the Agricultural Trade Act of 1978 (7 U.S.C. 5621(d)(1)(C)(ii)) is amended by striking “emerging democracies” and inserting “emerging markets”.
5 of 5 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
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.
Amendments1992–1996 · 2 rounds
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 developing countries, in meeting their food and fiber needs; and”.
Subsec. (f). Pub. L. 102–511, § 707(c), added subsec. (f).
Statutory Notes and Related Subsidiaries
Regulations
Pub. L. 102–511, title VII, § 707(d), , 106 Stat. 3351, required Secretary of Agriculture to issue final regulations to implement this section not later than 30 days after , prior to repeal by Pub. L. 104–127, title II, § 276, , 110 Stat. 977.
Credits
1990–1996 · 3 acts
- 1990Pub. L. 95–501, title II, § 201, as added Pub. L. 101–624, title XV, § 1531, , 104 Stat. 3672
- 1992amended Pub. L. 102–511, title VII, § 707(a)–(c), , 106 Stat. 3350, 3351
- 1996Pub. L. 104–127, title II, § 277(c)(2), , 110 Stat. 979.
Show as published
(Pub. L. 95–501, title II, § 201, as added Pub. L. 101–624, title XV, § 1531, , 104 Stat. 3672; amended Pub. L. 102–511, title VII, § 707(a)–(c), , 106 Stat. 3350, 3351; Pub. L. 104–127, title II, § 277(c)(2), , 110 Stat. 979.)