Export-Import Bank: 
Background and Legislative Issues 
Shayerah Ilias 
Analyst in International Trade and Finance 
April 3, 2012 
Congressional Research Service 
7-5700 
www.crs.gov 
R42472 
CRS Report for Congress
Pr
  epared for Members and Committees of Congress        
Export-Import Bank: Background and Legislative Issues 
 
Summary 
The Export-Import Bank of the United States (Ex-Im Bank, EXIM Bank, or the Bank), an 
independent federal government agency, is the official export credit agency (ECA) of the United 
States. It helps finance U.S. exports of manufactured goods and services, with the objective of 
contributing to the employment of U.S. workers, primarily in circumstances when alternative 
financing is not available. The Ex-Im Bank also may assist U.S. exporters to meet foreign, 
officially sponsored, export credit competition. Its main programs are direct loans, loan 
guarantees, working capital guarantees, and export credit insurance. Ex-Im Bank transactions are 
backed by the full faith and credit of the U.S. government. The Ex-Im Bank is a participant in 
President Obama’s National Export Initiative (NEI), a plan to double exports by 2015 to support 2 
million U.S. jobs.  
The Bank operates under a renewable charter, the Export-Import Bank Act of 1945, as amended, 
and has been reauthorized through May 31, 2012 (P.L. 112-74). The charter requires that all of the 
Bank’s financing have a reasonable assurance of repayment and directs the Bank to supplement, 
and to not compete with, private capital. 
In light of the international financial crisis, demand for Ex-Im Bank services has grown in recent 
years. In FY2011, the Bank approved more than 3,700 transactions of credit and insurance 
support, totaling about $33 billion—the highest level of authorizations in the history of the Bank. 
The Ex-Im Bank estimated that its credit and insurance activities supported about $41 billion in 
U.S. exports of goods and services, and were associated with 290,000 U.S. jobs, in FY2011. 
The Ex-Im Bank has been “self-sustaining” for appropriations purposes since FY2008. It uses 
offsetting collections to cover its administrative expenses and program operations. Congress sets 
an upper limit on the level of the Bank’s financial activities as part of the annual appropriations 
process. For FY2012, Congress appropriated $4 million for the Ex-Im Bank’s Office of Inspector 
General (OIG), and authorized a limit of $58 million on the total amount that the Ex-Im Bank can 
spend on its credit and insurance programs and a limit of $89.9 million for the Bank’s 
administrative expenses (P.L. 112-74). For FY2013, the President requested an appropriation of 
$4.4 million for the OIG, a limit of $38 million on the Bank’s program activities, and a limit of 
$103.9 million for the Bank’s administrative expenses. Since 1990, the Ex-Im Bank has retuned 
to the U.S. Treasury $4.9 billion more than it received in appropriations. 
The Organization for Economic Cooperation and Development (OECD) “Arrangement on Export 
Credits” sets forth export credit terms and conditions, including restrictions on tied aid, for the 
activities of the Ex-Im Bank and the ECAs of foreign countries that are OECD members. Other 
OECD agreements set forth sector-specific rules, guidelines on environmental procedures, and 
other terms and conditions. 
The 112th Congress has introduced legislation to renew the Ex-Im Bank’s authority (H.R. 2072, S. 
1547, S.Amdt. 1836, and H.R. 4302). Members of Congress may examine issues related to the 
Ex-Im Bank that center on the economic rationale for the Bank; the impact of the Bank on the 
federal budget and U.S. taxpayers; the Bank’s support for specific types of business or industries; 
the current balance between the Bank’s advancement of U.S. commercial interests and other U.S. 
policy goals; the competitive position of the Bank compared to foreign ECAs; and the Bank’s 
organizational structure. 
Congressional Research Service 
Export-Import Bank: Background and Legislative Issues 
 
Contents 
Introduction...................................................................................................................................... 1 
Ex-Im Bank Budget ......................................................................................................................... 2 
Ex-Im Bank Activity........................................................................................................................ 4 
Financial Products ..................................................................................................................... 4 
Direct Loans ........................................................................................................................ 4 
Loan Guarantees.................................................................................................................. 5 
Working Capital Guarantee Program .................................................................................. 6 
Export Credit Insurance ...................................................................................................... 6 
Special Financing Programs................................................................................................ 6 
Activity Level............................................................................................................................ 7 
Authorizations ..................................................................................................................... 7 
Exposure.............................................................................................................................. 9 
Credit Risks and Loan Repayment.................................................................................... 10 
Focus Areas ............................................................................................................................. 10 
Statutory and Policy Requirements ......................................................................................... 11 
Ex-Im Bank Role in Federal Government Efforts to Promote Exports................................... 13 
The Ex-Im Bank in an International Context................................................................................. 13 
International Export Credit Activity........................................................................................ 13 
International Rules on Official Export Credit Activity............................................................ 15 
Unregulated Official ECA Activity ......................................................................................... 16 
U.S. Response to “Noncompetitive” Financing ...................................................................... 17 
Selected Issues for Congress.......................................................................................................... 18 
Economic Debate..................................................................................................................... 18 
“Corporate Welfare” Debate.................................................................................................... 19 
Impact on U.S. Taxpayers........................................................................................................ 20 
Congressional Directives to Support Specific Sectors ............................................................ 20 
International Competitiveness of the Ex-Im Bank .................................................................. 21 
Organizational Structure.......................................................................................................... 22 
Congressional Outlook .................................................................................................................. 23 
 
Figures 
Figure 1. Exposure by Geographical Area, FY2011........................................................................ 9 
 
Tables 
Table 1. Budget of the Export-Import Bank, FY2008-2013 ............................................................ 3 
Table 2.  The Ex-Im Bank’s Credit and Insurance Authorizations, FY2008-FY2011 ..................... 8 
Table 3. Officially Supported New Medium- and Long-Term Export Credit Volumes by 
G-7 Countries and Selected Emerging Economies..................................................................... 14 
 
Congressional Research Service 
Export-Import Bank: Background and Legislative Issues 
 
Contacts 
Author Contact Information........................................................................................................... 23 
 
Congressional Research Service 
Export-Import Bank: Background and Legislative Issues 
 
Introduction 
The Export-Import Bank of the United States (the Ex-Im Bank, the EXIM Bank, or the Bank) is 
an independent U.S. government executive agency and a wholly owned U.S. government 
corporation.1 The Ex-Im Bank is the official export credit agency (ECA) of the United States, and 
is charged with financing and promoting exports of U.S. manufactured goods and services, with 
the objective of contributing to the employment of U.S. workers. It uses its authority and 
resources to provide export credit and insurance support to U.S. exporters primarily in 
circumstances when alternative financing is not available. The Bank operates under a renewable 
charter, the Export-Import Bank Act of 1945, as amended.2 The Bank’s authority currently is 
extended through May 31, 2012 (P.L. 112-74, Consolidated Appropriations Act of 2012). The 
charter requires that all of the Bank’s financing have a reasonable assurance of repayment and 
directs the Bank to supplement—and to not compete with—private capital. The Organization for 
Economic Cooperation and Development (OECD) Arrangement on Official Supported Export 
Credits (the “OECD Arrangement”) guides the activities of the Ex-Im Bank and other foreign 
ECAs whose governments are members of the OECD. 
In FY2011, the Bank approved more than 3,700 transactions of credit and insurance support, 
totaling about $33 billion—the highest level of authorizations in the history of the Bank. The Ex-
Im Bank estimated that its credit and insurance activities supported about $41 billion in U.S. 
exports of goods and services, and were associated with 290,000 U.S. jobs, in FY2011. 
Congress does not directly approve individual Ex-Im Bank transactions, but has a number of 
authorizing and oversight responsibilities concerning the Bank and its activities. Congress 
authorizes the Bank’s legal charter for a period of time chosen by Congress. At times, Congress 
has required an annual reauthorization of the Bank’s legal charter, and at other times has 
authorized the Bank for periods that have varied from two to five years. Congress also approves 
an annual appropriation for the Bank that sets an upper limit on the level of the Bank’s financial 
activities. Congress can always amend or alter the Bank’s governing legislation as it deems 
appropriate. Members of Congress and congressional committees can request that the Bank’s 
President consult with them or testify before committees, with some qualifications. In addition, 
the Senate confirms presidential appointments to the Bank’s Board of Directors. 
The 112th Congress could examine a number of issues related to the Ex-Im Bank, chief of which 
may be its reauthorization. Congress extended the Bank’s authority through May 31, 2012, in the 
Consolidated Appropriations Act of 2012 (P.L. 112-74), and may consider legislation to renew the 
authority of the Ex-Im Bank.  
This report discusses the Ex-Im Bank’s domestic and international context, credit and insurance 
programs and activities, statutory and policy requirements for the Ex-Im Bank’s transactions, and 
selected policy issues for Congress. For analysis of policy issues specific to the Ex-Im Bank’s 
reauthorization, see CRS Report R41829, Reauthorization of the Export-Import Bank: Issues and 
Policy Options for Congress, by Shayerah Ilias. 
                                                 
1 A U.S. government corporation is a government agency established by Congress to provide market-oriented public 
services and to produce revenues that meet or approximate expenditures. For additional information, see CRS Report 
RL30365, Federal Government Corporations: An Overview, by Kevin R. Kosar. 
2 Certain provisions of Ex-Im Bank’s Charter are codified at 12 U.S. Code section 635 et. seq.  
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Export-Import Bank: Background and Legislative Issues 
 
Ex-Im Bank Budget 
When the Ex-Im Bank was initially established, it was capitalized by an appropriation of $1 
billion from the U.S. Treasury. The Bank also is authorized to borrow up to $6 billion directly 
from the Treasury, and it may draw upon a substantial line of credit with the Federal Financing 
Bank (FFB).3 The Ex-Im Bank uses its Treasury borrowings to finance its short-term needs, and 
repays the Treasury quarterly from loan repayments and by borrowing from the FFB on a 
medium- and long-term basis.  
The Ex-Im Bank has been “self-sustaining” for appropriations purposes as of FY2008. Since 
then, in the President’s annual budget request, the President has requested, and Congress has 
approved, that offsetting collections would count against the appropriation of subsidy and 
administrative expenses from the General Fund and that the net appropriation is expected to be 
$0. In essence, the President requests approval for the level of expenses that the Ex-Im Bank 
would cover on its own. 
At the start of the fiscal year, the U.S. Treasury provides the Ex-Im Bank with an “appropriation 
warrant” for program costs and administrative expenses. The amount of the warrant is established 
by the spending limits set by Congress in the appropriations process. The Ex-Im Bank retains the 
fees that it collects during the year that are in excess of expected losses (“offsetting collections”), 
and uses the offsetting collections to repay the warrant received at the start of the fiscal year, 
resulting in a net appropriation of $0. In essence, the Ex-Im Bank can receive funds from the U.S. 
Treasury and can repay those funds as offsetting collections come in.  
In recent years, the Ex-Im Bank has not received direct funds from the U.S. Treasury as part of 
the appropriations process. The Ex-Im Bank has been able to support its administrative and 
program expenses without an initial warrant from the Treasury at the start of the fiscal year, 
because of a combination of its early offsetting collections and carryover funds. Congress permits 
the Ex-Im Bank to maintain carryover funds, which are unused offsetting collections, for up to 
four years. In addition, the Ex-Im Bank has not borrowed from the FFB since FY1997.4 
For FY2013, the President requested an appropriation of $4.4 million for the Ex-Im Bank’s Office 
of Inspector General (OIG), a limit of $38 million on the total amount the Bank can spend on its 
credit and insurance programs, and a limit of $103.9 million for the Bank’s administrative 
expenses (see Table 1). The President also requested that amounts collected by the Ex-Im Bank in 
excess of administrative and program obligations, up to $50 million, shall remain available until 
September 30, 2015, and that any excess above $50 million shall be deposited in the General 
Fund of the Treasury.  
For FY2012, Congress appropriated $4 million for the Ex-Im Bank’s OIG, and authorized a limit 
of $58 million on the total amount that the Ex-Im Bank can spend on its credit and insurance 
programs and a limit of $89.9 million for the Bank’s administrative expenses. Congress also 
authorized that the Ex-Im Bank’s offsetting collections in excess of obligations, of up to $50 
million, shall remain available for use by the Ex-Im Bank until FY2015.5  
                                                 
3 The Federal Financing Bank (FFB) is a part of the Department of the Treasury and obtains its funds from regular 
Treasury issues. 
4 FFB, Financial Statements, multiple years, http://www.ustreas.gov/ffb/financial-statements/. 
5 In previous years, appropriations legislation set a limit on the amount of offsetting collections in excess of obligations 
that could remain available for use in subsequent fiscal years. 
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Export-Import Bank: Background and Legislative Issues 
 
Table 1. Budget of the Export-Import Bank, FY2008-2013 
(in millions of dollars) 
 FY08 FY09 FY10 FY11 
FY12 
FY13
Estimated  Requested 
Inspector General Amount Requested 
1 2.5 2.5  3 
4 
4.4 
Inspector General Amount Appropriated 
1  1 2.5 2.5 
4 
–– 
Total Subsidy Requested 
68 41 58 93 
76 
38 
Total Subsidy Appropriated 
68 41 58 58 
58 
–– 
Total Administrative Budget Requested 
78 82 84 106 
125 
104 
Total Administrative Budget Appropriated 
78 82 84 84 
90 
–– 
Operating Expenses 
590 690 
1,245 872 
978 
181 
 Direct Loan Subsidy 
–– 
8 
–– 
7 
8 
8 
 Loan Guarantee Subsidy 
25 
30 
39 
59 
58 
38 
 Reestimates of Subsidy Costs 
 487 
570 
1,122 
718 
793 
–– 
 
Loan 
Modifications 
2 — –– –– 
–– 
–– 
 Administrative Expenses 
78 
82 
84 
84 
90 
104 
Budget Resources 
934 1,031 1,923 1,829 
1,814 
1,391 
 Unobligated balance 
346 
342 
324 
679 
953 
836 
 Budget Authority (gross) 
585 
685 
1,599 
1,145 
861 
555 
   Appropriated 
487 
571 
1,121 
718 
793 
–– 
   Other 
123 
158 
478 
427 
68 
555 
 Recoveries from previous years 
3 
4 
–– 
5 
–– 
–– 
Budget Authority (net) 
 462 
527 
1,121 
443 
393 
–– 
Outlays (net) 
468 511 748 153 
506 
-403 
Source: Office of Management and Budget. Budget of the United States Government, various issues; Washington, 
U.S. Government Printing Office. 
Note: Subsidy refers to program activities (the cost of direct loans, loan guarantees, insurance, and tied aid) 
conducted by the Ex-Im Bank. Reestimates of subsidy costs refer to reestimates of direct loan and loan 
guarantee subsidies and the interest on those reestimates. 
The Ex-Im Bank had $701.1 million in offsetting collections in FY2011, up from $479.4 million 
in FY2010, that it used to cover its administrative and program expenses. Since 1990, the Ex-Im 
Bank has retuned to the U.S. Treasury $4.9 billion more than it received in appropriations. 
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Export-Import Bank: Background and Legislative Issues 
 
Ex-Im Bank Budget History 
The Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508) included two sections with implications for the Ex-Im 
Bank’s budget.  
• 
Under the terms of the Budget Enforcement Act of 1990 (Title XIII), Congress appropriates the estimated 
amount of subsidy the Bank expects to expend throughout al  of its credit programs, including direct loans, 
guarantees, and insurance. Congress no longer sets separate limits on the amount of loans, guarantees, and 
insurance the Bank can authorize, but the Bank continues to provide estimates of the amounts of activity it 
expects to undertake.  
• 
Under the Federal Credit Reform Act of 1990 (Title V), for a given fiscal year, the cost of federal credit activities, 
including those of the Ex-Im Bank, is reported on an accrual basis equivalent with other federal spending, rather 
than on a cash flow basis, as used previously.6 The Bank’s estimates now allocate budgetary resources to reserve 
against the estimated risk of loss to the Bank. 
Ex-Im Bank Activity 
Ex-Im Bank uses its authority and resources to (1) assume commercial and political risks that 
exporters or private financial institutions are unwilling, or unable, to undertake alone; (2) 
overcome maturity and other limitations in private sector export financing; and (3) assist U.S. 
exporters to meet foreign, officially sponsored, export credit competition.  
Financial Products 
Ex-Im Bank groups its financial products into four categories: (1) direct loans; (2) loan 
guarantees; (3) working capital guarantees; and (4) export credit insurance. It also has a number 
of special financing programs.  
Ex-Im Bank charges interest, risk premia, and other fees for its services. Generally speaking, the 
Ex-Im Bank’s credit exposure is limited to 80% of the value of the exported good, and the buyer 
must make a cash payment that is 15% of the total value of the export contract. The Ex-Im Bank 
determines repayment terms based on a number of variables, such as buyer, industry, and country 
conditions; terms of international rules on export credit activity; and the matching of terms 
offered by foreign ECAs. Repayment time frames are less than one year for short-term 
transactions, one to seven years for medium-term transactions, and greater than seven years for 
long-term transactions.7  
Direct Loans 
Under the Ex-Im Bank’s direct loan program, the Ex-Im Bank offers loans directly to foreign 
buyers of U.S. goods and services. If the foreign borrower defaults, the Bank will pay the lender 
the outstanding principal and interest on the loan. The Ex-Im Bank extends to the U.S. company’s 
foreign customer a loan covering up to 80% of the U.S. contract value. The direct loans carry 
fixed interest rates and generally are made at terms that are the most attractive allowed under the 
                                                 
6 CRS Report RL30346, Federal Credit Reform: Implementation of the Changed Budgetary Treatment of Direct Loans 
and Loan Guarantees, by James M. Bickley. 
7 Ex-Im Bank website, http://www.exim.gov/. 
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Export-Import Bank: Background and Legislative Issues 
 
provisions of the OECD Arrangement on Export Credits, which sets minimum interest rate 
benchmarks. The Ex-Im Bank’s direct loan transactions have no minimum or maximum size, but 
generally involve amounts of more than $10 million. The Bank also has an Intermediary Credit 
Program it uses to offer medium- and long-term fixed-rate financing to buyers of U.S. exports; 
U.S. exporters must face officially subsidized foreign competition to qualify for this program.  
Prior to 1980, the Bank’s direct lending program was its chief financing vehicle, which it used to 
finance such capital-intensive exports as commercial aircraft and nuclear power plants. Both the 
budget authority requested by the Administration and the level approved by Congress for the 
Bank’s direct lending were sharply reduced during the 1980s. In the past decade, demand for Ex-
Im Bank direct loans has been limited, because commercial interest rates were low. In light of the 
international financial crisis, the Ex-Im Bank has worked to increase access to direct loans by 
engaging with borrowers on a case-by-case basis to structure transactions to adapt to current 
financial conditions.  
Tied Aid Capital Projects Fund 
As part of its direct lending program, the Bank has a Tied Aid Capital Projects Fund (TACPF), 
often referred to as the tied aid “war chest,” that it uses to counter specific projects that are 
receiving foreign officially subsidized export financing. The Ex-Im Bank may conduct tied aid 
transactions to counter attempts by foreign governments to sway purchases in favor of their 
exporters solely on the basis of subsidized financing, rather than on market conditions (price, 
quality, etc.). Tied aid credits and mixed credits are two methods whereby governments provide 
their exporters with official assistance to promote exports. Tied aid credits include loans and 
grants which reduce financing costs below market rates for exporters and which are tied to the 
procurement of goods and services from the donor country. Mixed credits combine concessional 
government financing (funds at below market rates or terms) with commercial or near-
commercial funds to produce an overall rate that is lower than market-based interest rates and 
carries more lenient loan terms. The United States does tie substantial amounts of its agricultural 
and military aid to U.S. goods, but it generally has avoided using such financing to promote 
American capital goods exports. The amount of funds in the TACPF was $171 million in 
FY2010. Funds for the tied aid war chest are available to the Bank from the Treasury Department 
and are subtracted from the Bank’s direct credit resources. Applications for the tied aid fund are 
subject to review by the Treasury Department.  
Loan Guarantees 
Loan guarantees constitute the largest amount of Ex-Im Bank financing, by dollar value. The Ex-
Im Bank uses loan guarantees to assist U.S. exporters by protecting against the commercial and 
political uncertainty of exporting. Loan guarantees by the Ex-Im Bank cover the repayment risk 
on the foreign buyer’s debt obligations incurred in the purchase of U.S. exports. Through a loan 
guarantee, the Ex-Im Bank guarantees to a lender (U.S. or foreign) that makes a loan to a foreign 
buyer to purchase U.S. goods and services that, if the foreign borrower defaults, the Bank will 
pay the lender the outstanding principal and interest on the loan. The Ex-Im Bank charges the 
foreign borrower a fee to guarantee the loan in a variable amount based on the duration, amount, 
and risk characteristics of the transaction. The Ex-Im Bank extends loan guarantees on a medium- 
and long-term basis. The Ex-Im Bank’s loan guarantee to a foreign buyer is typically used for 
financing purchases of U.S. capital equipment and services. The Ex-Im Bank’s comprehensive 
guarantee covers commercial and political risks for up to 85% of the U.S. contract value. 
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Export-Import Bank: Background and Legislative Issues 
 
Working Capital Guarantee Program 
Ex-Im Bank’s Working Capital Guarantee Program provides repayment guarantees to lenders 
(primarily commercial banks) on secured, short-term working capital loans made to qualified 
exporters. Working capital guarantees can be for a single loan or a revolving line of credit, and 
cover 90% of the outstanding balance of working capital loans to exporters supported by export-
related inventory and accounts receivable. The Ex-Im Bank charges the borrower a fee to 
guarantee the loan based on duration, amount, and risk characteristics of the transaction. The 
program is intended to facilitate finance for businesses that have exporting potential but need 
working capital funds to produce or market their goods or services for export. Small businesses 
are the primary users of the Working Capital Guarantee Program.  
In FY2010, the Ex-Im Bank launched a Supply-Chain Finance Guarantee Program, which is 
designed to support U.S. exporters and their U.S.-based suppliers, many of whom are small 
businesses. Under the program, lenders will purchase accounts receivable owned by suppliers and 
due from the exporter. The Ex-Im Bank provides 90% guarantee on repayment obligation. The 
program provides competitively priced working capital finance to U.S. suppliers of U.S. 
exporters. It may benefit “hidden exporters” such as U.S. small businesses that supply products or 
services to larger U.S. exporters.  
Export Credit Insurance 
Export credit insurance is another major product offered by the Ex-Im Bank. The Ex-Im Bank 
issues the insurance policy to a U.S. exporter, that provides credit to the foreign buyer of the 
exporter’s products. If the foreign borrower defaults for political or commercial reasons, the Bank 
will pay the exporter the outstanding balance owed by the foreign borrower. Insurance coverage 
carries various conditions that must be met by the insured before the Bank will pay off a claim. 
The Ex-Im Bank charges the exporter an insurance premium in a variable amount based on 
duration, amount, and risk characteristics of transactions. The Ex-Im Bank’s export credit 
insurance includes both short-term and medium-term insurance. Small businesses are a significant 
user of the Ex-Im Bank’s export credit insurance program.  
Like loan guarantees, export credit insurance reduces some of the risks involved in exporting by 
protecting against commercial or political uncertainty. There is an important distinction, however, 
between the two programs. Insurance coverage is more conditional than a guarantee. In contrast, 
a guarantee is a commitment made to a commercial bank by the Ex-Im Bank that promises full 
repayment with few, if any, conditions attached.  
Special Financing Programs 
The Ex-Im Bank’s support for U.S. export sales also includes special financing programs that 
focus on a particular industry or financing technique, including:  
•  Aircraft Finance. The Ex-Im Bank offers financing for new or used U.S. 
manufactured commercial and general aviation aircraft under its direct loan, 
guarantee, and insurance programs. The Organization for Economic Cooperation 
and Development (OECD) Aircraft Sector Understanding (“OECD Aircraft 
Sector Understanding”) generally sets the terms and conditions of the Ex-Im 
Bank’s financing support for aircraft.  
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Export-Import Bank: Background and Legislative Issues 
 
•  Project Finance. The Ex-Im Bank offers limited recourse project finance to 
newly created companies. Project finance is an arrangement in which the 
creditworthiness of projects depends on their future cash flows, and these future 
cash flows are the source of repayment. Project finance typically covers large, 
long-term infrastructure and industrial projects. 
 
Examples of Ex-Im Bank Transactions 
• 
Direct Loan. In August 2010, the Ex-Im Bank authorized a $159 million direct loan to Cerro de Hula Wind 
Farm, a utility-scale wind project in Honduras, for the purchase of 51 wind turbines from Gamesa Wind US LLC 
(Longhorne, PA). The Ex-Im Bank reported that the wind turbines would be manufactured using generators 
supplied by ABB Power T & D Company Inc. (Bland, VA), blades by LM Glassfiber Inc. (Grand Forks, ND), and 
equipment and services from other U.S. suppliers. 
• 
Loan Guarantee. In FY2011, the Ex-Im Bank authorized a long-term loan guarantee of close to $120 million to 
support a General Electric Transportation sale of locomotives to South Africa’s Transet Ltd., a South African 
rain, port, and pipeline company headquartered in Johannesburg. Barlays Bank PLC, London is the guaranteed 
lender. Ten fully assembled GE Model C30ACi locomotives and U.S.-manufactured components for locomotive 
kits will be shipped from GE’s Erie, PA, manufacturing facility to South Africa. In addition, the Bank approved a 
preliminary commitment for about $200 million for the purchase of more locomotives by Transet. 
• 
Working Capital Guarantee. In September 2011, the Ex-Im Bank approved a $16.7 million working capital 
guarantee for the sale of exports by Quantum Reservoir Impact (QRI; Houston, TX) to Mexico, Kuwait, and 
other destination markets. QRI exports reservoir management equipment and services for the upstream sector 
of the oil and gas industry and also provides related engineering consulting services. Amegy Bank (Houston) is 
the lender of the working capital loan. 
• 
Export Credit Insurance. In April 2011, the Ex-Im Bank authorized $40 million in export credit insurance for 
BendTec., a smal  business (Duluth, MN), for the sale of fabricated high pressure piping, bends, and fittings to 
Technopromexport in Moscow, Russia. BendTec’s products will be exported to India for installation at a super 
thermal power project.  
Source: Ex-Im Bank, "Ex-Im Bank Provides $159 Million in Trade Finance for Pennsylvania Manufacturer To Export 
Turbines to Wind Farm in Honduras," press release, August 20, 2010, 
http://www.exim.gov/pressrelease.cfm/9F2BD5AC-FAFC-EE31-C412F9A785BF9C1E/; Ex-Im Bank, FY2011 Annual 
Report; Ex-Im Bank, "Ex-Im Bank Approves $100 Million In Financing For Sale Of GE Locomotives To South Africa's 
Transnet ," press release, February 24, 2011, http://www.exim.gov/pressrelease.cfm/58EAE7B2-090D-E9CE-
4C77F09BA969CAA8/; and Ex-Im Bank, “Ex-Im Bank Approves Nearly $40 Million in Export Credit Insurance for 
Minnesota Smal  Business,” press release, April 13, 2011, http://www.exim.gov/pressrelease.cfm/503C238F-F77D-
E980-A51E70B2028621E7/.  
Activity Level 
Authorizations 
In FY2011, the Ex-Im Bank approved 3,751 transactions of credit and insurance support, which 
amounted to about $33 billion in authorizations—the third consecutive year of record high levels 
of authorizations for the Bank (see Table 2). The Ex-Im Bank estimated that credit and insurance 
activities supported about $41 billion in U.S. exports of goods and services in FY2011, up from 
$34 billion worth of exports estimated to have been supported in FY2010. The Ex-Im Bank also 
estimated that the exports supported by its financing were associated with 290,000 U.S. jobs in 
FY2011, up from 227,000 U.S. jobs in FY2010. The Ex-Im Bank finances less than 5% of U.S. 
exports annually. Notably, a significant portion of Ex-Im Bank financing is for exports of capital-
intensive U.S. exports.  
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Export-Import Bank: Background and Legislative Issues 
 
Table 2.  The Ex-Im Bank’s Credit and Insurance Authorizations, FY2008-FY2011 
(Millions of U.S. Dollars) 
Number of Authorizations 
Amount Authorized 
Program 
2009 2010 2011 2009 2010 2011 
Total Financing 
 
 
 
 
 
 
Loans 
16 
15 
18 $3,033 $4,261 $6,323 
Loan 
Guarantees 
619 
719 
784 $11,475 $13,106 $19,400 
   Medium- and Long-Term  
146 
162 
178 
$9,943 
$10,927 
$16,172 
   Working Capital 
473 
557 
606 
$1,531 
$2,179 
$3,228 
Insurance 2,256 
2,798 
2,949 
$11,474 
$7,101 
$7,004 
Total 
Authorizations 
2,891  3,532  3,751 $21,021 $24,468 $32,727 
Selected Types of Financing 
Exports by Smal  Business 
2,540 
3,091 
3,247 
$4,360 
$5,053 
$6,037 
   Percent of Total  
87.9% 
87.5% 
86.6% 
20.7% 
20.7% 
18.4% 
Environmental y Beneficial 
Exports 
88  108  142 $394 $536 $890 
   Percent of Total 
3.0% 
3.1% 
3.8% 
1.9% 
2.2% 
2.7% 
Renewable Energy Exports 
13 
27 
45 
$93 
$332 
$721 
   Percent of Total 
0.4% 
0.8% 
1.2% 
0.4% 
1.4% 
2.2% 
Exports to Sub-Saharan Africa 
109 
129 
170 
$412 
$813 
$1,381 
   Percent of Total 
3.8% 
3.7% 
4.5% 
2.0% 
3.3% 
4.2% 
Source: Ex-Im Bank Annual Reports data adapted by CRS.  
Note: The Ex-Im Bank distinguishes between financing for “environmental y beneficial” and “renewable energy” 
exports.  
A number of factors have driven the surge in Ex-Im Bank activity in recent years. One major 
driver has been the international financial crisis and global economic downturn that began in 
2007 and led to a decline in private sector export finance. As a result, the Ex-Im Bank witnessed a 
greater demand from U.S. exporters for its assistance to fill in the gaps in private sector financing. 
The Ex-Im Bank has noted that small businesses especially have faced difficulty accessing credit 
during the crisis. In response to the commercial and liquidity shortages associated with the global 
financial crisis, the Ex-Im Bank has taken several actions to enhance its financing products. In 
October 2008, the Bank started offering U.S. small businesses a 15% premium-rate reduction for 
certain insurance policies. The Bank also took measures to expand coverage under and to provide 
flexible financing terms for its Working Capital Guarantee Program. In addition, the Bank has 
worked to increase access to direct loans by engaging with borrowers on a case-by-case basis to 
structure transactions to adapt to the current financial conditions. 
Another element driving demand for Ex-Im Bank services has been the changing international 
landscape of export financing. The growing number of players and volumes of export credit 
activity in the international export finance market has resulted in greater and varied competition 
for U.S. exporters, both from developed countries and from rising economic powers as they move 
up the value chain.12 U.S. companies are seeking Ex-Im Bank assistance to help level the playing 
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field and counter the officially backed export credit financing that their competitors receive from 
their ECAs.  
Exposure 
The Ex-Im Bank’s charter limits the Bank’s authority to lend, guarantee, and insure to a total of 
$100 billion (the Bank’s “exposure” level). The outstanding principal amount of all loans made, 
guaranteed, or insured by the Ex-Im Bank is charged at the full value against the $100 billion 
limitation. In FY2011, the Bank’s total exposure stood at about $89 billion, up from $75 billion in 
FY2010. As the Bank’s activities have grown, the Bank’s exposure level also has grown. 
In FY2011, the Ex-Im Bank had exposure for its credit and insurance activities in 171 countries, 
across different geographical areas and industrial sectors. The composition of the Ex-Im Bank’s 
exposure portfolio by geographical area has remained relatively stable in recent years. Asia has 
accounted for the largest portion of exposure, with significant Ex-Im Bank exposure in China and 
India. Latin America and the Caribbean have accounted for the second-largest portion of 
exposure, with major country markets being Brazil, Colombia, and Mexico. As for the 
composition of the Ex-Im Bank’s portfolio by industrial sector, the air transportation sector 
historically has accounted for the largest portion of the Ex-Im Bank’s exposure. Oil and gas 
generally has followed. However, in FY2010, manufacturing surpassed oil and gas as the second-
largest source of Ex-Im Bank exposure and maintained second place in FY2011. Figures 1 and 2 
show the Bank’s total exposure in FY2011 by geographical area and industrial sector.  
Figure 1. Exposure by Geographical Area, FY2011 
All Other
Oceania
9.0%
Asia
6.1%
36.8%
Africa
6.6%
North America
10.3%
Europe
Latin America & 
10.5%
Caribbean
20.7%
 
Source: Ex-Im Bank, 2011 Annual Report. 
Note: Total exposure for the Ex-Im Bank was $89 billion in FY2011.  
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Export-Import Bank: Background and Legislative Issues 
 
Figure 2. Exposure by Industrial Sector, FY2011 
All Other
17.8%
Power Projects
Air Transportation
7.6%
48.2%
Manufacturing
12.2%
Oil and Gas
14.0%
 
Source: Ex-Im Bank, 2011 Annual Report. 
Note: Total exposure for the Ex-Im Bank was $89 billion in FY2011. 
Credit Risks and Loan Repayment 
Ex-Im Bank’s default rate net of recoveries has been less than 2% of its loan disbursements and 
shipments guaranteed. The Bank closely monitors credit and other risks to its portfolio. The 
overall weighted-average risk rating for new authorizations improved in FY2011 for short-, 
medium-, and long-term export credit authorizations. The improvement in the risk rating 
primarily was due to the decrease in Ex-Im Bank-supported financing among borrowers that were 
rated higher-risk.8 
Focus Areas 
The Ex-Im Bank has identified country-specific and sector-specific areas in which to focus its 
credit and insurance activities. While the Ex-Im Bank operates in 175 countries around the world, 
it has identified nine emerging markets as primary focus areas: Brazil, Colombia, India, 
Indonesia, Mexico, Nigeria, South Africa, Turkey, and Vietnam. The Ex-Im Bank has chosen 
these markets based on several factors, including the size of their export markets for U.S. 
companies, their projected economic growth, their expected infrastructure needs, and the Ex-Im 
Bank’s current level of activity in these markets.9 In FY2011, these nine priority markets 
represented about 38% (about $12 billion) of the Ex-Im Bank’s total authorizations and 33% 
(about $29 billion) of the Ex-Im Bank’s total exposure. 
The Ex-Im Bank has identified infrastructure projects in foreign countries as a significant 
opportunity for U.S. exports of goods and services. In FY2011, the Ex-Im Bank provided more 
than $23 billion infrastructure-related financing.10 The transactions included projects in sectors 
such as transportation, power generation, and mining.  
                                                 
8 Ex-Im Bank, 2011 Annual Report, p. 4.  
9 Ex-Im Bank 2011 Annual Report.  
10 Ex-Im Bank defines infrastructure to include “the large physical networks necessary for the function of commerce 
(continued...) 
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In terms of specific industries, the Ex-Im Bank has identified several industries with high 
potential for U.S. export growth in the nine priority markets. These industries are agribusiness, 
aircraft and avionics, construction, medical technologies, mining, oil and gas, and power 
generation (including renewable energy). In FY2011, these key industries represented close to 
70% (about $23 billion) of the Ex-Im Bank’s total authorizations. In that year, the aircraft 
industry, a historically major area of Ex-Im Bank financing, represented nearly 40% (about $13 
billion) of the Ex-Im Bank’s total authorizations.11  
Statutory and Policy Requirements 
A number of factors affect the Ex-Im Bank’s participation in a particular credit or insurance 
transaction. Many of these factors or conditions are determined by Congress. The statutory and 
policy criteria that Ex-Im Bank financing support must meet include:  
•  Reasonable Assurance of Repayment. The Ex-Im Bank charter requires that all 
of the Bank’s financing have a reasonable assurance of repayment. 
•  Private Capital. The charter directs the Ex-Im Bank to supplement, and to not 
compete with, private capital. 
•  Economic Impact. Congress requires that Ex-Im Bank projects have no adverse 
effect on U.S. industry. Chiefly, the Ex-Im Bank may not support projects that 
enable foreign production of an exportable good that would compete with U.S. 
production of a same, or similar, good and that would cause “substantial injury” 
to U.S. producers. The Ex-Im Bank also may not support projects that result in 
the foreign production of a good that is substantially the same as a good subject 
to specified U.S. trade measures, such as anti-dumping or countervailing duty 
investigations. 
•  Environmental Impact. The Bank considers the potential beneficial or adverse 
effects of proposed transactions. The Ex-Im Bank’s charter authorizes the Bank 
to grant or withhold financing support after taking into account the 
environmental impact of the proposed transaction.  
•  Content. Content is the amount of domestic and foreign costs from labor, 
materials, overhead, and other inputs associated with the production of an export. 
The Ex-Im Bank places certain limits on the maximum amount of foreign content 
that can be included in the transactions it supports. The Ex-Im Bank's content 
policy limits its support, for all medium- and long-term transactions, to the lesser 
of (1) 85% of the value of all goods and services contained within a U.S. supply 
contract or (2) 100% of the U.S. content of an export contract. In effect, in order 
to receive full Ex-Im Bank financing for an export transaction, the minimum 
domestic content requirement is 85% and the maximum foreign content 
                                                                  
(...continued) 
(e.g., highways, railroads, power-generation plants, pipelines and radio-transmission systems),” “goods and services 
required to maintain the health, cultural and social standards of a country or state (e.g., education and healthcare 
equipment and services), [and]transportation vehicles, such as aircraft and locomotives, and equipment and services 
related to mining industries.” Ex-Im Bank 2011 Annual Report, “Infrastructure” section.  
11 Ex-Im Bank 2011 Annual Report, “Key Industries” section. 
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allowance is 15%. If the foreign content exceeds 15%, then the Bank's support 
would be reduced. 
•  Local Costs. Local costs are the project-related costs for goods and services that 
are incurred in the buyer’s country. When the Ex-Im Bank provides medium- or 
long-term financing for U.S. exports for foreign projects, it may also provide 
local cost support. Specifically, the Ex-Im Bank can support up to 30% of the 
value of the U.S. exports for goods and services that are originated and/or 
manufactured in the buyer’s country, subject to certain requirements. 
•  Military. The Ex-Im Bank is prohibited by law from financing military items. 
•  Shipping. Certain products supported by the Ex-Im Bank must be transported 
exclusively on U.S. vessels. Under limited conditions, a waiver on this condition 
may be granted. 
•  Nonfinancial or Noncommercial Considerations. The Bank is allowed to deny 
applications for credit on the basis of nonfinancial and noncommercial 
considerations in cases where the President, in consultation with the House 
Financial Services Committee and Senate Banking, Housing and Urban Affairs 
Committee, determines that the denial of such applications would advance U.S. 
national interests in areas such as international terrorism, nuclear proliferation, 
environmental protection, and human rights.12 The power to make such a 
determination has been delegated to the Secretary of State.13 
•  Co-Financing. The Ex-Im Bank enables financing with ECAs in other countries 
through “one-stop-shop” co-financing facilities (arrangements that allow 
products and services from two or more countries to benefit from a single ECA 
financing package). 
•  Country Restrictions. The charter prohibits the Bank from extending credit and 
insurance to certain countries, including those that are in armed conflict with the 
United States or with balance of payment problems.  
•  Small Business. The charter requires the Bank to make available not less than 
20% of its aggregate loan, guarantee, and insurance authority to finance exports 
directly by U.S. small businesses.14  
•  Renewable Energy. The charter requires the Bank to promote the export of U.S. 
goods and services related to renewable energy sources.15 In recent years, 
appropriations language further has specified the Bank should make available not 
less than 10% of its aggregate credit and insurance authority for the financing of 
exports of renewable energy technologies or energy efficient end-use 
technologies. 
                                                 
12 Ex-Im Bank, The Charter of the Export-Import Bank of the United States, as amended through P.L. 109-438, 
December 20, 2006, pp. 10-11. 
13 U.S. Code Title 12, Chapter 6a, Section 635(b)(1)(B)(ii). 
14 Ex-Im Bank, The Charter of the Export-Import Bank of the United States, as amended through P.L. 109-438, updated 
December 27, 2006, §2(b)(1)(E)(v).  
15 Ibid., §2(b)(1)(K).  
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•  Sub-Saharan Africa. The Ex-Im Bank’s charter directs the Bank to promote the 
expansion of the Bank’s financial commitments in sub-Saharan Africa, but does 
not include any quantitative target. 
Ex-Im Bank Role in Federal Government Efforts to Promote Exports 
Ex-Im Bank is one of approximately 20 federal agencies involved in U.S. government export 
promotion efforts.16 Although the Ex-Im Bank is considered the official ECA of the United States, 
there are other federal agencies, such as the U.S. Department of Agriculture (USDA) and the 
Small Business Administration (SBA), that also conduct some export financing as part of their 
activities. The Ex-Im Bank is distinguished because it is the lead agency for providing financing 
and insurance for exports of U.S. manufactured goods and services, although it also provides 
financing for some agricultural exports. In addition, the Ex-Im Bank provides export financing 
for all types of businesses, both large and small. In contrast, USDA takes the lead on agricultural 
export financing, and SBA provides some export financing to small businesses.  
Ex-Im Bank plays a key role in the National Export Initiative (NEI), a plan launched by President 
Obama to double U.S. exports in five years to support 2 million jobs in the United States. Since 
2010, overall U.S. exports of goods and service have increased at an annualized rate of 15.6%, a 
rate greater than the 15% required to double exports in five years.17  
Ex-Im Bank is involved in interagency bodies to coordinate federal export promotion activities. It 
is a part of the U.S. Trade Promotion Coordinating Committee (TPCC), an interagency committee 
created by the Export Enhancement Act of 1992 (P.L. 102-429). The TPCC, chaired by the 
Department of Commerce, is tasked with coordinating the export promotion and financing 
activities of federal agencies, including the Ex-Im Bank, and proposing an annual unified budget 
on federal trade promotion.18 The Ex-Im Bank also is a member of the Export Promotion Cabinet 
(EPC), a Cabinet-level body that was established by the NEI and is composed of heads of federal 
agencies with export promotion functions and senior White House advisors. The EPC is charged 
with developing and coordinating the implementation of the NEI, in conjunction with the TPCC. 
The Ex-Im Bank in an International Context 
International Export Credit Activity 
As international trade has grown, exporting financing has expanded. It is now a trillion-dollar 
market that supports approximately 10% of global trade.19 It consists of private lenders and 
                                                 
16 See CRS Report R41495, U.S. Government Agencies Involved in Export Promotion: Overview and Issues for 
Congress, coordinated by Shayerah Ilias. 
17 Office of the U.S. Trade Representative, 2012 Trade Policy Agenda and 2011 Annual Report, March 2012, 
http://www.ustr.gov/about-us/press-office/reports-and-publications/2012-0. 
18 The Trade Promotion Coordinating Committee (TPCC), first established in May 1990 by President Bush during 
remarks on U.S. trade policies and U.S. companies involved in exporting, was enacted in statute by the Export 
Enhancement Act of 1992 (15 U.S.C. 4727).  
19 U.S. Congress, House Committee on Financial Services, Subcommittee on International Monetary Policy and Trade, 
Statement for the Record from the Coalition for Employment through Exports, 112th Cong., 1st sess., March 10, 2011. 
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Export-Import Bank: Background and Legislative Issues 
 
insurers, who operate commercially, and official ECAs. Private lenders and insurers conduct the 
majority of short-term export financing, whereas ECAs are more heavily involved in medium- 
and long-term (MLT) export financing, including financing involving complex, multi-billion 
dollar sales such as aircraft and infrastructure projects. Most developed countries and many 
developing countries have ECAs. The role of ECAs has become more prominent in recent years 
due to the international financial crisis and global economic downturn in 2008 and the growing 
trade by emerging economies.  
Between 2006 and 2010, new MLT official export credit financing conducted by the G-7 
countries as a whole nearly doubled, growing from $36.3 billion in 2006 to $65.4 billion in 2010. 
The United States represented 20% ($13 billion) of total new MLT financing by the G-7 countries 
in 2010, behind Germany and France. In comparison, during the same 2006-2010 period, new 
MLT official export credit financing conducted by Brazil, China, and India combined more than 
doubled, growing from $37 billion in 2006 to $72.7 billion in 2010. China alone accounted for 
$45 billion of new MLT official export credit financing in 2010 (see Table 3.).20  
Compared to the other ECAs, the sheer magnitude of China’s official export credit financing is 
exceptional. For instance, China has supported Huawei, a Chinese telecommunications 
manufacturer, with a $30 billion credit line from the Chinese Development Bank (CDB).21 
China’s support for this one company is comparable to total Ex-Im Bank financing in FY2011 
(about $33 billion).  
Table 3. Officially Supported New Medium- and Long-Term Export Credit Volumes 
by G-7 Countries and Selected Emerging Economies 
(Billions of U.S. dollars) 
Country 
ECA 
2006 2007 2008 2009 2010 
G-7 
Countries   
     
Canada 
Export Development Canada (EDC) 
0.2 
0.5 
1.5 
2.0 
2.5 
France 
Compagnie Française d’Assurance 
7.3 10.1  8.6 17.8 17.4 
pour le Commerce Extérieur 
(COFACE) 
Germany 
Euler 
Hermes 
13.3  8.9 10.8 12.9 22.5 
Italy 
S.p.A. Servizi Assicurativi del 
4.0 3.5 7.6 8.2 5.3 
Commercio Estero (SACE) 
Japan 
Japan Bank for International 
2.4 1.8 1.5 2.7 2.9 
Cooperation (JBIC), Nippon Export 
and Investment Insurance (NEXI) 
United Kingdom 
Export Credits Guarantee 
0.6 0.4 0.8 1.4 1.9 
Department (ECGD) 
United States 
Export-Import Bank of the United 
8.6  8.2 11.0 17.0 13.0 
States (Ex-Im Bank) 
                                                 
20 Ex-Im Bank's annual competitiveness report provides estimates of new MLT official export credit financing by Ex-
Im Bank, the ECAs of the other G-7 countries (Canada, France, Germany, Italy, and the United Kingdom), and selected 
emerging economies (Brazil, China, and India). 
21 Stephen J. Ezell, Understanding the Importance of Export Credit Financing to U.S. Companies, The Information 
Technology & Innovation Foundation (ITIF), June 2011. 
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Country 
ECA 
2006 2007 2008 2009 2010 
Total 
G-7 
 
 
36.3 33.4 41.8 62.0 65.4 
Emerging 
Economies 
 
     
Brazil 
Brazilian Development Bank (BNDES), 
7.5 7.0 7.6 10.5 18.2 
Seguradora Brasileira Crédito à 
Exportação (SBCE) 
China  
Export-Import Bank of China, 
22.0 33.0 52.0 51.1 45.0 
Sinosure, China Development Bank 
(CDB) 
India 
Export-Import Bank of India, Export 
5.6 8.5 8.7 7.3 9.5 
Credit Guarantee Corporation of 
India (ECGC) 
Total Brazil, China, India 
 
35.1 
48.5 
68.3 
68.9 
72.7 
Source: Data on export credit volumes from the Ex-Im Bank, Report to the U.S. Congress on Export Credit 
Competition and the Export-Import Bank of the United States, For the Period January 1, 2010 through December 31, 
2010, Washington, DC, June 2011. 
Notes: The Ex-Im Bank Competitiveness Report states that, for the G-7 countries, the Bank attempted to 
differentiate the standard, officially supported export credits that are regulated by the OECD Arrangement and 
export credits that are not subject to the OECD Arrangement. The competitiveness report also states that data 
on export credit volumes for Brazil, China, and India are approximations of activity based on available 
information and may be overstated due to the analytic assumptions used by the Bank. 
International Rules on Official Export Credit Activity 
The Organization for Economic Cooperation and Development (OECD) Arrangement on Official 
Supported Export Credits (the “OECD Arrangement”) guides the activities of the Ex-Im Bank 
and other foreign ECAs whose governments are members of the OECD (generally developed 
countries). The United States generally opposes subsidies for exports of commercial products. 
Since the 1970s, the United States has led efforts within the OECD to adopt international 
protocols which reduce the subsidy level in export credits by raising the interest rates on 
government-provided export credits to more closely reflect market levels. 
The OECD Arrangement, which came into effect in April 1978, has been revised a number of 
times over the years. For example, participants have agreed over time to tighten restrictions on 
the use of tied aid. The participants agreed that projects would be financially viable, and 
commercial credits would be prohibited from using tied or partially untied aid credits, except for 
credits to the least developed countries where per capita income is below $2,465. Moreover, the 
agreement set up tests and consultation procedures to distinguish between projects that should be 
financed on market or official export credit terms, and those that legitimately require such aid 
funds. In addition, sector understandings govern the terms and conditions of exports in certain 
sectors, such as civilian aircraft.  
OECD member countries also have agreed to other guidelines for official export credit. For 
example, in 2007, members agreed to revise guidelines on environmental procedures, referred to 
as “Common Approaches on Environment and Officially Supported Export Credits” (the 
“Common Approaches”). These environmental guidelines call for member governments to review 
projects for potential environmental impacts; to assess them against international standards, such 
as those of the World Bank; and to provide more public disclosure for environmentally sensitive 
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Export-Import Bank: Background and Legislative Issues 
 
projects. The OECD also adopted new guidelines on sustainable lending principles that aim to 
help developing countries avoid a renewed build-up of debt after receiving debt relief. 
In addition, under the OECD, the United States and several European countries have agreed to an 
informal “home market rule” specific to the aircraft sector. Under this rule, the Ex-Im Bank and 
the ECAs of the United Kingdom, France, Spain, and Germany (which provide financing to 
Airbus) have agreed to limit access to officially supported export financing for the purchase of 
aircraft in their own domestic market and in each other's "home markets."22  
Export credit financing that is covered by the OECD Arrangement generally is exempt from the 
World Trade Organization (WTO) Agreement on Subsidies and Countervailing Measures (SCM), 
which disciplines the use of subsidies, and it regulates the actions countries can take to counter 
the effects of these subsidies. The SCM Agreement language is interpreted to indicate that, for 
non-agricultural products, an export credit practice in conformity with the OECD Arrangement on 
export credits shall not be considered as an export subsidy prohibited by the SCM Agreement.  
Unregulated Official ECA Activity 
The OECD Arrangement does not cover all of the officially supported export credit activity 
conducted by all countries. Rising economic powers, such as China, Brazil, and India are not 
members of the OECD (though they may have observer status during some OECD meetings and 
the OECD has offered them "enhanced engagement" with a view toward possible accession) and 
are not party to the OECD Arrangement. As such, the officially supported export credit activities 
of these countries may not comply with international export credit standards. 11 For example, 
China, Brazil, and India may offer below-market and concessionary financing alternatives with 
which it is difficult for ECAs of OECD members to compete.  
According to the Ex-Im Bank, non-OECD countries are expected to continue "expanding their 
market share by using exceptional financing methods, that comport with WTO provisions, but 
that are outside of the purview of the OECD rules, further expanding the scope of unregulated 
financing vis-à-vis constant volumes of OECD Arrangement-compliant activity." Officially 
subsidized export credit activity by emerging economies may increase in strategic markets, such 
as oil and gas, renewable energy, and natural resources extraction. For instance, Chinese ECAs 
"have shown strong signs of growing usage of export credits for export promotion purposes, 
especially in Africa, where they were offering preferential loans either in exchange for much 
needed resources (e.g., oil) or low cost loans on very extended repayment terms on projects in 
order to gain market share."23 
In addition, the ECAs of countries that are members of the OECD also conduct export credit 
financing and other activities that fall outside of the OECD Arrangement. There has been growth 
in unregulated forms of financing, that is, those that are not governed by the OECD Arrangement 
or any other international guidelines. One form of unregulated financing is the “market window,” 
which is a government-owned entity or program that offers export credits on market terms. 
Market windows generally do not operate on purely commercial terms, as they tend to receive 
                                                 
22 Canada does not adhere to the home market rule. As such, it provides officially supported export financing for the 
sale of Bombardier aircraft in the United States.  
23 Ex-Im Bank, Report to the U.S. Congress on Export Credit Competition and the Export-Import Bank of the United 
States, For the Period January 1, 2009 through December 31, 2009, Washington, DC, June 2010. 
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benefits from their government status that commercial lenders cannot access. Many ECAs operate 
market windows, such as Canada, Germany, and Italy; the United States does not have one. It is 
difficult to obtain data on market window operations of foreign countries. Another form of 
unregulated financing is untied lending support, which is credit support extended by a 
government entity to a recipient for the purpose of providing credit for strategic interests of the 
donor country. Because the untied loan is not tied to exports, it is not subject to the OECD export 
credit guidelines. 
Unregulated officially backed export credit financing is on the rise among both OECD and non-
OECD countries. The increasing volumes of their official export credit activity that fall outside of 
the OECD Arrangement have raised concerns among OECD members about the effectiveness of 
the OECD Arrangement. The United States is engaging in efforts to negotiate export credit 
guidelines with China. During Chinese Vice President Xi Jinping’s visit to the United States in 
February 2012, the United States and China announced that they would establish an international 
working group composed of export financing providers with the goal of completing a new set of 
export credit guidelines by 2014. These new guidelines would be aimed at replacing the current 
OECD Arrangement. It is unclear if membership in the working group would include major 
providers of official export financing that are not a part of the OECD, such as Brazil and India.24  
U.S. Response to “Noncompetitive” Financing 
On February 17, 2012, President Obama instructed the Ex-Im Bank “to give American companies 
a fair shot by matching the unfair export financing that their competitors receive from other 
countries,” such as China.25 In doing so, the President will employ existing authorities so that the 
Ex-Im Bank can provide U.S. firms compete for domestic or third-country sales with matching 
financing support to counter foreign “noncompetitive” financing that fails to observe international 
export credit disciplines under the OECD.26  
The authority for matching such financing comes from the Ex-Im Bank’s charter. One provision 
in the charter states that, if foreign countries offer financing for export sales in the United States 
under terms that do not comply with the OECD Arrangement (“noncompetitive financing”), the 
Secretary of the Treasury may authorize the Ex-Im Bank to provide financing for sales in the 
United States that matches the terms available through the foreign ECA (12 U.S.C. 635a-3). A 
second provision in the Ex-Im Bank’s Charter authorizes the Ex-Im Bank to provide financing at 
rates which are competitive with those provided by foreign ECAs (12 U.S.C.a-1(b)). While this 
second provision does not explicitly mention the matching option, it could be viewed as giving 
the Bank flexibility in determining if foreign ECA financing is placing U.S. businesses at a 
competitive disadvantage, even when complying with the OECD Arrangement.27  
                                                 
24 "Export Credit Pact Sought by U.S., China Would Replace OECD Guidelines," Inside U.S. Trade's World Trade 
Online, February 24, 2012. Doug Palmer, "U.S., China Agree to Negotiate Export Credit Deal," Reuters, April 14, 
2012. 
25 The White House, "Remarks by the President on American Manufacturing," press release, February 17, 2012, 
http://www.whitehouse.gov/the-press-office/2012/02/17/remarks-president-american-manufacturing. 
26 The White House, "President Obama Takes Actions to Promote American Manufacturing and Increase U.S. Exports 
at Boeing," press release, February 17, 2012, http://www.whitehouse.gov/the-press-office/2012/02/17/president-obama-
takes-actions-promote-american-manufacturing-and-increas. 
27 "Ex-Im Financing for Foreign-Backed Sales in U.S. Hinges on Charter," Inside U.S. Trade's World Trade Online, 
February 24, 2012. 
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Ex-Im Bank could reportedly use this authority to match financing that Canada’s ECA may offer 
to U.S. airlines for the purchase of the Bombardier’s C-series aircraft, which could compete with 
Boeing’s 737. Canada does not abide by the home market rule. Prior to the President’s 
announcement, the Ex-Im Bank has used this policy once, to match financing with China for 
locomotive exports to Pakistan. In 2010, the Ex-Im Bank agreed to a $477 million financing deal 
to match China’s financing terms in order to entice the Pakistani government to buy 150 General 
Electric Company locomotives. China offered financing terms for the export of Chinese railcars 
to Pakistan that were cheaper than those allowed by the OECD Arrangement on Export Credits. 
The matching deal required the Ex-Im Bank to work with the OECD. The deal has not been 
finalized.28 It is not clear what impact, if any, possible repeated actions by the United States to 
match financing that is not compliant with the OECD may have on the rules-based system of the 
OECD Arrangement, or on the Ex-Im Bank’s loan portfolio.29 
Selected Issues for Congress 
Economic Debate 
One rationale for the Ex-Im Bank is the acknowledged competition among nations’ official export 
credit agencies. Some Ex-Im Bank supporters maintain that the Bank’s programs are necessary 
for U.S. exporters to compete with foreign export financing and also to pressure foreign 
governments to eliminate concessionary financing. Another rationale cited by proponents of the 
Ex-Im Bank is the Bank’s role in addressing market failures, such as imperfect information and 
barriers to entry. Supporters stress that deficiencies in financial markets bias those markets 
against exports of high-value, long-term assets. 
Others, including some economists, view government-funded export financing efforts as a 
subsidy which distorts free markets, because they encourage commercial activities that are not 
commercially viable, and in doing so, may encourage an inefficient use of resources. While critics 
concede that federal export assistance may help individual firms, they contend that such activities 
do not influence the overall level of employment and may, in fact, simply shift production among 
sectors within the economy in the long run. Critics also assert that macroeconomic factors, such 
as global economic growth and exchange rates, hold greater sway over a nation's level of exports. 
Some opponents also argue that, by providing financing or insurance for exporters that the market 
seems unwilling, or unable, to provide, Ex-Im Bank activities draw from the financial resources 
within the economy that would be available for other uses.  
                                                 
28 Ex-Im Bank, Report to the U.S. Congress on Export Credit Competition and the Export-Import Bank of the United 
States, For the period January 1, 2010 through December 31, 2010, January 2010, p. 110. Sudeep Reddy, “U.S. Export 
Financing Challenges China,” The Wall Street Journal, January 12, 2011. 
29 "White House Explores Financing Options, But Faces Obstacles," Inside U.S. Trade's World Trade Online, February 
2, 2012. 
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U.S. Airlines’ Lawsuit Against the Ex-Im Bank 
In recent months, debate about the economic impact of Ex-Im Bank activities has been driven in part by a charge by 
Delta Airlines and other U.S. airlines, led by the Air Transport Association of America (ATAA), that Ex-Im Bank 
financing for Boeing aircraft exports to India and other countries has led to an oversupply of airline seats that has had 
an adverse effect on their businesses. The group also has charged that the Ex-Im Bank’s economic impact analysis 
procedures are inconsistent with the Bank’s charter. Delta and these other airlines have filed a legal challenge against 
the Ex-Im Bank seeking an injunction on Ex-Im Bank loan guarantees to Air India. Fol owing a federal judge’s denial for 
a preliminary injunction that would stop Ex-Im Bank financing of Boeing exports to India, the airlines filed a motion on 
February 1, 2012, for a judgment on the merits of the case, which is being heard by the U.S. District Court for the 
District of Columbia. 
U.S. companies that purchase planes and other products are not able to access assistance from the Ex-Im Bank, but 
may obtain financing from the ECAs of other countries. For example, Delta purchases planes from Boeing, but may 
not use Ex-Im Bank financing for those purchases. However, Delta has used official y backed export financing for its 
purchases of airplanes from Canada’s Bombardier Inc. or Brazil’s Embraer S.A. 
Sources: "Airlines Press Ahead With Ex-Im Bank Lawsuit After Judge Denies Injunction," Inside U.S. Trade's World 
Trade Online, February 9, 2012. Josh Mitchel  and Corey Boles, "Boeing, Delta Clash on Exports," The Wall Street 
Journal, March 16, 2012. 
“Corporate Welfare” Debate 
A long-standing concern about the Ex-Im Bank centers on “corporate welfare” issues, with some 
observers critical that the bulk of Ex-Im Bank financing, by dollar value, historically has been 
directed to a few large U.S. corporations that they believe are capable of shouldering the risks of 
exporting to developing countries. Some critics of the Ex-Im Bank have called it “Boeing’s 
Bank,” in reference to the fact that Boeing Corporation, a U.S. aerospace company, historically 
has been the single largest beneficiary of Ex-Im Bank support. In FY2011, about 56% of Ex-Im 
Bank loans and long-term guarantees, by dollar value, supported the sale of Boeing aircraft to 
foreign countries, down from about 63% in FY2010 and 88% in FY2009.30  
Supporters point out that the Ex-Im Bank’s mission is to support U.S. businesses of all sizes and, 
that the Bank places special emphasis on supporting small business. They note that, although 
small businesses account have accounted for about 20% of Ex-Im Bank support by dollar value, 
they have accounted for more than 80% of the total number of transactions conducted by the Ex-
Im Bank in recent years.31 Some supporters may argue that focusing on the dollar value of Ex-Im 
Bank support to small businesses may be misleading, because the larger size of corporations 
naturally results in a scale of business that requires larger volumes of support. In addition, some 
supporters may point out that Ex-Im Bank data may not reflect all of the small businesses who 
benefit from Ex-Im Bank services, such as “invisible” exporters who provide goods and services 
used by other companies that directly export. For example, many of the inputs that Boeing uses 
for its aircraft are sourced from small businesses across the United States.  
Some critics do not make a distinction between large and small business support, remaining 
opposed to the notion of taxpayer funds being directed toward private benefits. Some critics of 
government export promotion programs suggest that the private sector may be more well-suited 
and efficient than the federal government for leading such activities. In response, some contend 
                                                 
30 CRS analysis of data in Ex-Im Bank annual reports data.  
31 Ex-Im Bank annual reports.  
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that the federal government plays a unique role in its capacity to address market failures, such as 
imperfect information, which dampen the level of U.S. exports. They also contend that federal 
financing of exports is critical in times of financial crisis, which can lead to a shortfall in the 
private sector financing.  
Impact on U.S. Taxpayers 
While the Ex-Im Bank is a self-sustaining agency that receives a net appropriation of zero from 
Congress, a point of contention is the risk to taxpayers imposed by the Bank’s activities. 
Opponents argue that because Ex-Im Bank loans are backed by the full faith and credit of the 
U.S. government, taxpayers are potentially burdened if the Bank’s projects fail. Supporters point 
out that a reasonable assurance of repayment is required by the Bank’s charter for all credit 
authorizations and that the Bank monitors credit and other risks in its portfolio. In addition, 
supporters may point out that, since 1990, the Ex-Im Bank has retuned to the U.S. Treasury $4.9 
billion more than it received in appropriations. 
Congressional Directives to Support Specific Sectors 
Another set of ongoing issues regarding the Ex-Im Bank centers on congressional directives that 
require the Ex-Im Bank to support exports in specific sectors, namely exports of small businesses 
and exports of “green technologies.” These also are areas that have been identified as sectors of 
focus under the NEI. One issue is the extent to which the Ex-Im Bank has been able to fulfill 
these mandates. For example, the Senate committee report for FY2011 State-Foreign Operations 
appropriations (S.Rept. 111-237) expresses concern that, according to the Government 
Accountability Office, the Ex-Im Bank “has fallen far short of the congressional directive to 
allocate 10 percent of its annual financing to renewable energy or energy efficiency technologies, 
and that financing for fossil fuel projects continues to far exceed that for clean energy.” However, 
supporters point out that the Ex-Im Bank is largely a demand-driven agency. While the Ex-Im 
Bank can make financing available for certain purposes, such as small business or “green” 
technology financing (as it already has), if U.S. firms do not have sufficient interests or 
commercial incentives for exporting in particular markets, then they may not seek out Ex-Im 
Bank support.  
More fundamentally is a question about whether or not Congress should direct the Ex-Im Bank to 
target its support to specific sectors. Some observers support targeting federal export assistance to 
certain U.S. exporters and industries and for certain geographic markets that have high export 
potential and value. These exporting sectors and markets also may be the ones in which federal 
support makes the most difference. For example, environmentally friendly and energy-efficient 
goods and services often rely on newer forms of technology and entail perhaps greater risks than 
other types of exports, which may result in reluctance in the private sector to support such 
exports. Consequently, federal financing and support for “green” exports may boost their levels. 
However, some critics of targeted forms of export assistance contend that such policies essentially 
are a mechanism whereby the federal government determines “winners and losers” in the market. 
They contend that such action can lead to economic distortions and harm other productive U.S. 
firms. Some also may be concerned that such mandates may constrain the activities of the Bank. 
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International Competitiveness of the Ex-Im Bank 
Concerns about the international competitiveness of the Ex-Im Bank generally have been two-
fold. One set of issues centers on the impact of the Ex-Im Bank’s statutory and policy 
requirements on the competitive position of Ex-Im Bank financing for U.S businesses. The Ex-Im 
Bank may face a challenge of advancing U.S. commercial interests overseas while supporting 
other U.S. public policy goals.32  
According to the the Ex-Im Bank’s 2011 competitiveness report, the Ex-Im Bank generally 
maintained its competitiveness relative to the ECAs of the G-7 countries in terms of its core 
business policies and practices (such as Ex-Im Bank coverage, interest rates, exposure fee rates, 
and risk premia). However, the report stated that U.S. exporters and lenders have expressed 
concern that certain Ex-Im Bank policy requirements, upon which the Ex-Im Bank conditions 
whether or not to support a transaction, may have an adverse effect on the Ex-Im Bank’s 
international competitiveness. For example:  
•  Economic impact analysis. While all G-7 ECAs have a broad mandate to 
support transactions that benefit their domestic economy, and base their decision 
to provide support on economic impact, the Ex-Im Bank is the only ECA that is 
required by law to use an economic impact analysis to weigh the costs and 
benefits of support to an export transaction and to use this analysis as a basis for 
support or denial of financing.  
•  Environmental policy. The Ex-Im Bank is the only ECA in the G-7 to commit 
systematically to publishing environmental monitoring reports, which includes 
carbon accounting of projects. In addition, the Ex-Im Bank faces competition 
from ECAs outside of the OECD, such as China, which tend to be less rigorous 
in their environmental requirements for financing than OECD countries. 
•  Domestic content requirement. In contrast to the Ex-Im Bank, the ECAs of 
other countries generally have lower domestic content requirements and some 
even have no domestic content requirements. ECAs of other countries have 
revised their content policies to reflect the changing nature of manufacturing, 
including the rise of global supply chains and the sourcing of product inputs from 
multiple countries. The Ex-Im Bank considers U.S. content to be a “proxy to 
evidence support for U.S. jobs” and seeks to balance the interests of multiple 
stakeholders through its content policy.33 
Some U.S. business groups argue that certain Ex-Im Bank requirement are major constraints that 
limit the Ex-Im Bank’s ability to compete with the ECAs of foreign countries.34 They consider 
requirements for Ex-Im Bank support to be excessively burdensome and to detract from the Ex-
Im Bank’s core mission of boosting exports and supporting jobs.35  
                                                 
32 Jordan Jay Hillman, The Export-Import Bank at Work: Promotional Financing in the Public Sector (Westport, CT: 
Quorum Books, 1982), pp. 69 and 75. 
33 Ex-Im Bank 2011 annual competitiveness report.  
34 Matthew Schewel, “CEE Pushes for Ex-Im Changes in Next Year’s Charter Reauthorization,” Inside U.S. Trade, 
July 16, 2010. 
35 Hillman (1982), p. 58. 
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Another set of competitiveness issues focuses on the international rules governing official export 
credit activity. An increasingly important concern for U.S. policymakers is that some countries 
outside of the OECD, such as China, are becoming major providers of official export credit 
finance and may not be “playing by the rules.” To the extent that the ECAs of China and other 
non-OECD countries provide financing on terms that are more advantageous than those allowed 
within the OECD Arrangement, the Ex-Im Bank and other OECD export credit agencies may find 
it difficult to compete with such export credit programs. 
U.S. exporters and others have expressed doubts about the effectiveness of international efforts to 
stem officially subsidized trade financing. While the OECD Arrangement appears to be reducing 
most direct government subsidies for trade financing, a number of countries have found a way 
around the agreement, such as through market windows, that are not subject to the agreement. 
The agreement also has a number of limitations, including the difficulty of defining commercially 
viable projects, and the presence of an “escape clause” that allows countries to proceed with a 
tied aid offer, despite objections by other participants, if that country claims that the project is in 
its national interest. Moreover, the agreement contains no explicit enforcement mechanism. The 
effectiveness of the agreement also depends on the accuracy and openness of tied aid offers 
reported to the OECD, but the OECD does not confirm or verify the accuracy of the data 
provided by its members.36 
Organizational Structure  
Congress may examine the Ex-Im Bank within the context of debates about trade reorganization. 
There has been renewed interest on the part of the Obama Administration and Congress in 
reorganizing the trade policy structure of the federal government in order to enhance the 
effectiveness of U.S. trade promotion efforts, improve U.S. trade policy coordination, avoid 
duplication of functions and activities, and for other reasons. On January 13, 2012, President 
Obama asked Congress for authority to reorganize and consolidate the business- and trade-related 
functions of six federal entities into one department in an effort to streamline the federal 
government. In addition to the Ex-Im Bank, the other federal entities included in the proposal are 
the Department of Commerce, Overseas Private Investment Corporation (OPIC), Small Business 
Administration (SBA), Trade and Development Agency (TDA), and the U.S. Trade 
Representative (USTR).37  
Some proponents of trade reorganization argue that consolidation of federal trade functions may 
increase the effectiveness of federal export promotion efforts and reduce government costs. 
Supporters maintain that consolidation would also provide a more streamlined rationale for U.S. 
export promotion services based on more clearly defined goals. For example, there may be 
concerns that the distribution of trade and investment financing across multiple different agencies 
(Ex-Im Bank, USDA, SBA, and OPIC) can lead to fragmentation and duplication of services and 
make it more difficult for U.S. businesses to access federal export assistance. On the other hand, 
critics contend that consolidation could result in the creation of a large federal bureaucracy, with 
little effect on the ability of the U.S. government to expand exports, or result in federal export 
assistance that is not responsive to the specific needs of certain exporters.  
                                                 
36 U.S. General Accounting Office (now called the General Accountability Office), Competitors’ Tied Aid Practices 
Affect U.S. Exports, GGD-94-81, May 1994, pp. 19-21. 
37 The White House, "Government Reorganization Fact Sheet," press release, January 13, 2012, 
http://www.whitehouse.gov/the-press-office/2012/01/13/government-reorganization-fact-sheet. 
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Export-Import Bank: Background and Legislative Issues 
 
Some supporters of trade reorganization advocate for privatizing or terminating the functions of 
the Ex-Im Bank. Central premises behind this option may include the fact that the Bank is self-
sustaining, which is seen as proof that there is no market failure; concerns that the Bank may 
compete with or crowd out private sector export financing activity; the notion that the private 
sector is more efficient and better suited than the federal government to conduct export financing; 
and the risks to U.S. taxpayers of Ex-Im Bank financing. Opponents contend that Ex-Im Bank 
activities, backed by the full faith and credit of the U.S. government, may make certain export 
transactions, such as those for major infrastructure projects, more commercially attractive or may 
give the Bank leverage to guarantee repayment in a way that is not available to the private sector. 
In addition, critics may contend that federal financing of exports is important in times of financial 
crisis and to combat growing official export credit support by other countries. 
Congressional Outlook 
In the 112th Congress, legislation has been introduced to reauthorize the Ex-Im Bank (H.R. 2072; 
S. 1547; S.Amdt. 1836, an amendment to H.R. 3606; and H.R. 4302). Congressional interest in 
the Ex-Im Bank could continued to be high due to a number of factors: 
•  The changing export finance landscape has intensified congressional interest in 
the Ex-Im Bank. The international financial crisis and global economic downturn 
that began in 2007 led to a decline in private sector export finance and a greater 
demand from U.S. exporters for Ex-Im Bank assistance.  
•  The burgeoning of officially backed export finance being conducted by emerging 
market economies that are not a part of the OECD, including China, Brazil, and 
India, have increased demand for competitive financing from the Ex-Im Bank.  
•  The introduction of the NEI, and federal export promotion activities more 
broadly, have highlighted the role of the Ex-Im Bank as a tool for supporting 
U.S. jobs, contributing to U.S. economic recovery, and contributing to U.S. 
industrial competitiveness in the global market.  
•  The national debate about reducing the size of government and federal spending 
has stimulated debate about the appropriate organizational structure for U.S. 
government trade functions, including export financing function of the Ex-Im 
Bank.  
 
Author Contact Information 
 
Shayerah Ilias 
   
Analyst in International Trade and Finance 
silias@crs.loc.gov, 7-9253 
 
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