22 U.S. Code § 2191a - Additional requirements
(a) Worker rights
(1) Limitation on OPIC activities
The Corporation may insure, reinsure, guarantee, or finance a project only if the country in which the project is to be undertaken is taking steps to adopt and implement laws that extend internationally recognized worker rights, as defined in section 2467 (4) of title 19, to workers in that country (including any designated zone in that country). The Corporation shall also include the following language, in substantially the following form, in all contracts which the Corporation enters into with eligible investors to provide financial support under this subpart:
“The investor agrees not to take actions to prevent employees of the foreign enterprise from lawfully exercising their right of association and their right to organize and bargain collectively. The investor further agrees to observe applicable laws relating to a minimum age for employment of children, acceptable conditions of work with respect to minimum wages, hours of work, and occupational health and safety, and not to use forced labor. The investor is not responsible under this paragraph for the actions of a foreign government.”
(2) Use of annual reports on workers rights
Paragraph (1) shall not prohibit the Corporation from providing any insurance, reinsurance, guaranty, or financing with respect to a country if the President determines that such activities by the Corporation would be in the national economic interests of the United States. Any such determination shall be reported in writing to the Congress, together with the reasons for the determination.
(4) Operations of OPIC in the People’s Republic of China
(b) Environmental impact
The Board of Directors of the Corporation shall not vote in favor of any action proposed to be taken by the Corporation that is likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented, unless for at least 60 days before the date of the vote—
(1) an environmental impact assessment or initial environmental audit, analyzing the environmental impacts of the proposed action and of alternatives to the proposed action has been completed by the project applicant and made available to the Board of Directors; and
(c) Public hearings
(1) The Board shall hold at least one public hearing each year in order to afford an opportunity for any person to present views as to whether the Corporation is carrying out its activities in accordance with section 2191 of this title and this section or whether any investment in a particular country should have been or should be extended insurance, reinsurance, guarantees, or financing under this subpart.
Source(Pub. L. 87–195, pt. I, § 231A, as added Pub. L. 99–204, § 5(a),Dec. 23, 1985, 99 Stat. 1670; amended Pub. L. 100–418, title II, § 2203(c),Aug. 23, 1988, 102 Stat. 1328; Pub. L. 102–549, title I, § 102(a),Oct. 28, 1992, 106 Stat. 3651; Pub. L. 104–188, title I, § 1954(b)(3),Aug. 20, 1996, 110 Stat. 1928; Pub. L. 106–158, § 3(a),Dec. 9, 1999, 113 Stat. 1745.)
1999—Subsec. (b). Pub. L. 106–158, § 3(a)(2) added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 106–158, § 3(a)(1), (3), redesignatedsubsec. (b) as (c), designated existing provisions as par. (1), and added par. (2).
1996—Subsec. (a)(1). Pub. L. 104–188, § 1954(b)(3)(A), substituted “2467(4)” for “2462(a)(4)”.
Subsec. (a)(2). Pub. L. 104–188, § 1954(b)(3)(B), substituted “2464” for “2465(c)”.
Subsec. (a)(4). Pub. L. 104–188, § 1954(b)(3)(C), substituted “2467(4)” for “2462(a)(4)”.
1992—Subsec. (a)(1). Pub. L. 102–549inserted at end provisions requiring Corporation to include certain language about employee rights in all contracts with eligible investors.
1988—Subsec. (a)(4). Pub. L. 100–418added par. (4).
Effective Date of 1999 Amendment
Pub. L. 106–158, § 3(b),Dec. 9, 1999, 113 Stat. 1746, provided that: “The amendments made by subsection (a) [amending this section] shall take effect 90 days after the date of the enactment of this Act [Dec. 9, 1999].”
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–188applicable to articles entered on or after Oct. 1, 1996, with provisions relating to retroactive application, see section 1953 ofPub. L. 104–188, set out as an Effective Date note under section 2461 of Title 19, Customs Duties.
Pub. L. 99–204, § 5(b),Dec. 23, 1985, 99 Stat. 1671, provided that: “Subsection (a) ofsection 231A [subsec. (a) of this section], as added by subsection (a) of this section, shall not apply to projects insured, reinsured, guaranteed, or financed before the date of the enactment of this Act [Dec. 23, 1985].”
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