Page:United States Statutes at Large Volume 102 Part 2.djvu/382

This page needs to be proofread.
PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 1386

AS^fYgg?^^" 22 USC 5341.

PUBLIC LAW 100-418—AUG. 23, 1988

Subtitle F—Primary Dealers SEC. 3501. SHORT TITLE.

This subtitle may be cited as the "Primary Dealers Act of 1988". 22 USC 5342.

SEC. 3502. REQUIREMENT OF NATIONAL TREATMENT IN UNDERWRITING GOVERNMENT DEBT INSTRUMENTS.

(a) FINDINGS.—The Congress finds that— (1) United States companies can successfully compete in foreign markets if they are given fair access to such markets; (2) a trade surplus in services could offset the deficit in manufactured goods and help lower the overall trade deficit significantly; (3) in contrast to the barriers faced by United States firms in Japan, Japanese firms generally have enjoyed access to United States financial markets on the same terms as United States firms; and (4) United States firms seeking to compete in Japan face or have faced a variety of discriminatory barriers effectively precluding such firms from fairly competing for Japanese business, including— (A) limitations on membership on the Tokyo Stock Exchange; (B) high fixed commission rates (ranging as high as 80 percent) which must be paid to members of the exchange by nonmembers for executing trades; (C) unequal opportunities to participate in and act as lead manager for equity and bond underwritings; (D) restrictions on access to automated teller machines; (E) arbitrarily applied employment requirements for opening branch offices; (F) long delays in processing applications and granting approvals for licenses to operate; and (G) restrictions on foreign institutions' participation in Ministry of Finance policy advisory councils. 0)) DESIGNATION OF CERTAIN PERSONS AS PRIMARY DEALERS PROHIBITED.— (1) GENERAL RULE.—Neither the Board of Governors of the

Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, any person of a foreign country as a primary dealer in government debt instruments if such foreign country does not accord to United States companies the same competitive opportunities in the underwriting and distribution of government debt instruments issued by such country as such country accords to domestic companies of such country. (2) CERTAIN PRIOR ACQUISITIONS EXCEPTED.—Paragraph

(1)

shall not apply to the continuation of the prior designation of a company as a primary dealer in government debt instruments if— (A) such designation occurred before July 31, 1987; and (B) before July 31, 1987— (i) control of such company was acquired from a person (other than a person of a foreign country) by a person of a foreign country; or