22 U.S. Code § 9901 - Findings

Congress makes the following findings:

(1) According to the 2017 National Security Strategy of the United States of America, “Retaining our position as the world’s preeminent economic actor strengthens our ability to use the tools of economic diplomacy for the good of Americans and others.”.

(2) A November 7, 2018, cable from Secretary of State Michael R. Pompeo to all diplomatic and consular posts—“Boosting Commercial Diplomacy Around the World”—stated that “helping American companies is a foreign policy priority. . .Promoting broad-based, responsible, and sustainable economic growth helps to stabilize regions and creates new and growing markets for U.S. companies. A transparent and level playing field for U.S. investment in these countries counters real and growing challenges such as China’s Belt and Road initiative.”.

(3) In the January–February 2019 issue of The Foreign Service Journal, Ambassador Barbara Stephenson, the President of the American Foreign Service Association, wrote, “Foreign Service support for American business. . .is a major reason why the U.S. Foreign Service was created.”.

(Pub. L. 116–94, div. J, title VII, § 702, Dec. 20, 2019, 133 Stat. 3069.)

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 116–94, div. J, title VII, § 701, Dec. 20, 2019, 133 Stat. 3069, provided that:

“This title [enacting this chapter and amending sections 2651a, 3927, and 4028 of this title] may be cited as the ‘Championing American Business Through Diplomacy Act of 2019’.”

Direction to Embassy Deal Teams

Pub. L. 118–31, div. F, title LXV, § 6503, Dec. 22, 2023, 137 Stat. 1007, provided that:

“(a) Purposes.—

The purposes of deal teams at United States embassies and consulates are—

“(1) to promote a private sector-led approach—

“(A) to advance economic growth and job creation that is tailored, as appropriate, to specific economic sectors; and

“(B) to advance strategic partnerships;

“(2) to prioritize efforts—

“(A) to identify commercial and investment opportunities;

“(B) to advocate for improvements in the business and investment climate;

“(C) to engage and consult with private sector partners; and

“(D) to report on the activities described in subparagraphs (A) through (C), in accordance with the applicable requirements under sections 706 and 707 of the Championing American Business Through Diplomacy Act of 2019 (22 U.S.C. 9902 and 9903);

“(3)

(A)

(i) to identify trade and investment opportunities for United States companies in foreign markets; or

“(ii) to assist with existing trade and investment opportunities already identified by United States companies; and

“(B) to deploy United States Government economic and other tools to help such United States companies to secure their objectives;

“(4) to identify and facilitate opportunities for entities in a host country to increase exports to, or investment in, the United States in order to grow two-way trade and investment;

“(5) to modernize, streamline, and improve access to resources and services designed to promote increased trade and investment opportunities;

“(6) to identify and secure United States or allied government support of strategic projects, such as ports, railways, energy production and distribution, critical minerals development, telecommunications networks, and other critical infrastructure projects vulnerable to predatory investment by an authoritarian country or entity in such country where support or investment serves an important United States interest;

“(7) to coordinate across the Unites States Government to ensure the appropriate and most effective use of United States Government tools to support United States economic, commercial, and investment objectives; and

“(8) to coordinate with the multi-agency DC Central Deal Team, established in February 2020, on the matters described in paragraphs (1) through (7) and other relevant matters.

“(b) Clarification.—

A deal team may be composed of the personnel comprising the mission economic team formed pursuant to section 207 of the Foreign Service Act of 1980 [22 U.S.C. 3927].

“(c) Restrictions.—

A deal team may not provide support for, or assist a United States person with a transaction involving, a government, or an entity owned or controlled by a government, if the Secretary [of State] determines that such government—

“(1) has repeatedly provided support for acts of international terrorism, as described in—

“(A) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (subtitle B of title XVII of Public Law 115–232) [50 U.S.C. 4813(c)(1)(A)(i)];

“(B) section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a));

“(C) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or

“(D) any other relevant provision of law; or

“(2) has engaged in an activity that would trigger a restriction under section 116(a) or 502B(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or any other relevant provision of law.

“(d) Further Restrictions.—

“(1) Prohibition on support of sanctioned persons.—

Deal teams may not carry out activities prohibited under United States sanctions laws or regulations, including dealings with persons on the list of specially designated persons and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury, except to the extent otherwise authorized by the Secretary of the Treasury or the Secretary.

“(2) Prohibition on support of activities subject to sanctions.—

Any person receiving support from a deal team must be in compliance with all United States sanctions laws and regulations as a condition for receiving such assistance.

“(e) Chief of Mission Authority and Accountability.—

The chief of mission to a foreign country—

“(1) is the designated leader of a deal team in such country; and

“(2) shall be held accountable for the performance and effectiveness of United States deal teams in such country.

“(f) Guidance Cable.—

The Department [of State] shall send out regular guidance on Deal Team efforts by an All Diplomatic and Consular Posts (referred to in this section as ‘ALDAC’) that—

“(1) describes the role of deal teams; and

“(2) includes relevant and up-to-date information to enhance the effectiveness of deal teams in a country.

“(g) Confidentiality of Information.—

“(1) In general.—

In preparing the cable required under subsection (f), the Secretary shall protect from disclosure any proprietary information of a United States person marked as business confidential information unless the person submitting such information—

“(A) had notice, at the time of submission, that such information would be released by; or

“(B) subsequently consents to the release of such information.

“(2) Treatment as trade secrets.—

Proprietary information obtained by the United States Government from a United States person pursuant to the activities of deal teams shall be—

“(A) considered to be trade secrets and commercial or financial information (as such terms are used under section 552b(c)(4) of title 5, United States Code); and

“(B) exempt from disclosure without the express approval of the person.

“(h) Sunset.—

The requirements under subsections (f) through (h) [sic] shall terminate on the date that is 5 years after the date of the enactment of this division [Dec. 22, 2023].”

Establishment of a “Deal Team of the Year” Award

Pub. L. 118–31, div. F, title LXV, § 6504, Dec. 22, 2023, 137 Stat. 1009, provided that:

“(a) Establishment.—

The Secretary [of State] shall establish a new award, to be known as the ‘Deal Team of the Year Award’, and annually present the award to a deal team at one United States mission in each region to recognize outstanding achievements in supporting a United States company or companies pursuing commercial deals abroad or in identifying new deal prospects for United States companies.

“(b) Award Content.—

“(1) Department of state.—

Each member of a deal team receiving an award pursuant to subsection (a) shall receive a certificate that is signed by the Secretary and—

“(A) in the case of a member of the Foreign Service, is included in the next employee evaluation report; or

“(B) in the case of a Civil Service employee, is included in the next annual performance review.

“(2) Other federal agencies.—

If an award is presented pursuant to subsection (a) to a Federal Government employee who is not employed by the Department [of State], the employing agency may determine whether to provide such employee any recognition or benefits in addition to the recognition or benefits provided by the Department.

“(c) Eligibility.—

Any interagency economics team at a United States overseas mission under chief of mission authority that assists United States companies with identifying, navigating, and securing trade and investment opportunities in a foreign country or that facilitates beneficial foreign investment into the United States is eligible for an award under this section.

“(d) Report.—

Not later than the last day of the fiscal year in which awards are presented pursuant to subsection (a), the Secretary shall submit to the appropriate congressional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives], the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Accountability of the House of Representatives a report that includes—

“(1) each mission receiving a Deal Team of the Year Award.[;]

“(2) the names and agencies of each awardee within the recipient deal teams; and

“(3) a detailed description of the reason such deal teams received such award.”