116 STAT. 704 PUBLIC LAW 107-189-JUNE 14, 2002 Deadline. Classified information. (3) by redesignating paragraph (5) as paragraph (6) and inserting after paragraph (4) the following: "(5) the Bank has, at a minimum, the following two tasks— "(A)(i) first, the Bank should match foreign export credit agencies and aid agencies when they engage in tied aid outside the confines of the Arrangement and when they exploit loopholes, such as untied aid; "(ii) such matching is needed to provide the United States with leverage in efforts at the OECD to reduce the overall level of export subsidies; "(iii) only through matching foreign export credit offers can the Bank buttress United States negotiators in their efforts to bring these loopholes within the disciplines of the Arrangement; and "(iv) in order to bring untied aid within the discipline of the Arrangement, the Bank should consider initiating highly competitive financial support when the Bank learns that foreign untied aid offers will be made; and "(B) second, the Bank should support United States exporters when the exporters face foreign competition that is consistent with the Arrangement and the Subsidies Code of the World Trade Organization, but which places United States exporters at a competitive disadvantage; and". (d) DEFINITION OF MARKET WINDOW.—Section 10(h) of such Act (12 U.S.C. 635i-3(h)) is amended by adding at the end the following: "(7) MARKET WINDOW.—The Bank, in consultation with the Secretary of the Treasury, shall define 'market window' for purposes of this section.". SEC. 11. ANNUAL COMPETITIVENESS REPORT. Section 2(b)(1)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(A)) is amended— (1) in the fourth sentence, by striking "on an annual basis" and inserting "not later than June 30 of each year"; (2) in the fifth sentence, by inserting "(including through use of market windows)" after "United States exporters"; (3) by inserting after the fifth sentence, the following new sentence: "With respect to the preceding sentence, the Bank shall use all available information to estimate the annual amount of export financing available from each government and government-related agency."; and (4) by adding at the end the following new sentence: "The Bank shall include in the annual report a description of all Bank transactions which shall be classified according to their principal purpose, such as to correct a market failure or to provide matching support.". SEC. 12. ANNUAL REPORT. (a) TECHNOLOGY TO ASSIST SMALL BUSINESSES. — Section 8 of the Export-Import Bank Act of 1945 (12 U.S.C. 635g) is amended by adding at the end the following: "(c) TECHNOLOGY TO ASSIST SMALL BUSINESSES. —The Bank shall include in its annual report to the Congress under subsection (a) of this section for each of fiscal years 2002 through 2006 a report on the efforts made by the Bank to carry out subparagraphs (E)(x) and (J) of section 2(b)(1) of this Act, and on how the efforts
�
