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§ 5304. —  International negotiations on exchange rate and economic policies.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 22USC5304]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
               CHAPTER 62--INTERNATIONAL FINANCIAL POLICY
 
     SUBCHAPTER I--EXCHANGE RATES AND INTERNATIONAL ECONOMIC POLICY 
                              COORDINATION
 
Sec. 5304. International negotiations on exchange rate and 
        economic policies
        

(a) Multilateral negotiations

    The President shall seek to confer and negotiate with other 
countries--
        (1) to achieve--
            (A) better coordination of macroeconomic policies of the 
        major industrialized nations; and
            (B) more appropriate and sustainable levels of trade and 
        current account balances, and exchange rates of the dollar and 
        other currencies consistent with such balances; and

        (2) to develop a program for improving existing mechanisms for 
    coordination and improving the functioning of the exchange rate 
    system to provide for long-term exchange rate stability consistent 
    with more appropriate and sustainable current account balances.

(b) Bilateral negotiations

    The Secretary of the Treasury shall analyze on an annual basis the 
exchange rate policies of foreign countries, in consultation with the 
International Monetary Fund, and consider whether countries manipulate 
the rate of exchange between their currency and the United States dollar 
for purposes of preventing effective balance of payments adjustments or 
gaining unfair competitive advantage in international trade. If the 
Secretary considers that such manipulation is occurring with respect to 
countries that (1) have material global current account surpluses; and 
(2) have significant bilateral trade surpluses with the United States, 
the Secretary of the Treasury shall take action to initiate negotiations 
with such foreign countries on an expedited basis, in the International 
Monetary Fund or bilaterally, for the purpose of ensuring that such 
countries regularly and promptly adjust the rate of exchange between 
their currencies and the United States dollar to permit effective 
balance of payments adjustments and to eliminate the unfair advantage. 
The Secretary shall not be required to initiate negotiations in cases 
where such negotiations would have a serious detrimental impact on vital 
national economic and security interests; in such cases, the Secretary 
shall inform the chairman and the ranking minority member of the 
Committee on Banking, Housing, and Urban Affairs of the Senate and of 
the Committee on Banking, Finance and Urban Affairs of the House of 
Representatives of his determination.

(Pub. L. 100-418, title III, Sec. 3004, Aug. 23, 1988, 102 Stat. 1373.)

                         Change of Name

    Committee on Banking, Finance and Urban Affairs of House of 
Representatives treated as referring to Committee on Banking and 
Financial Services of House of Representatives by section 1(a) of Pub. 
L. 104-14, set out as a note preceding section 21 of Title 2, The 
Congress. Committee on Banking and Financial Services of House of 
Representatives abolished and replaced by Committee on Financial 
Services of House of Representatives, and jurisdiction over matters 
relating to securities and exchanges and insurance generally transferred 
from Committee on Energy and Commerce of House of Representatives by 
House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.


                 Negotiations on Currency Exchange Rates

    Section 1124 of Pub. L. 100-418 provided that:
    ``(a) Findings.--The Congress finds that--
        ``(1) the benefit of trade concessions can be adversely affected 
    by misalignments in currency, and
        ``(2) misalignments in currency caused by government policies 
    intended to maintain an unfair trade advantage tend to nullify and 
    impair trade concessions.
    ``(b) Negotiations.--Whenever, in the course of negotiating a trade 
agreement under this subtitle [subtitle A (Secs. 1101 to 1125) of title 
I of Pub. L. 100-418, see Tables for classification], the President is 
advised by the Secretary of the Treasury that a foreign country that is 
a party to the negotiations satisfies the criteria for initiating 
bilateral currency negotiations listed in section 3004(b) of this Act 
[22 U.S.C. 5304(b)], the Secretary of the Treasury shall take action to 
initiate bilateral currency negotiations on an expedited basis with such 
foreign country.''

                  Section Referred to in Other Sections

    This section is referred to in section 5305 of this title.



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