About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (January 12, 2021)

handle is hein.crs/govebra0001 and id is 1 raw text is: 





C  o   gr  s  io  a    R e  ea  c    Ser   ic


0


                                                                                        Updated January 12, 2021

U.S. International Development Finance Corporation (DFC)


Overview
The U.S. International Development Finance Corporation
(DFC)  is a new U.S. government agency that aims to
promote private investment in developing countries to
support U.S. global development, foreign policy, and
economic interests. DFC emerged from a general
congressional consensus, supported by the Trump
Administration, to elevate U.S. efforts to respond to
China's Belt and Road Initiative (BRI) and China's
growing economic influence in developing countries,
modernize U.S. development finance tools for private
capital mobilization, and streamline bureaucracy.
Authorized by the Better Utilization of Investments
Leading to Development Act of 2018 (BUILD  Act, Div. F
of P.L. 115-254, 22 U.S.C §9612 et seq.) for seven years
through October 2025, DFC assumed the development
finance functions of the Overseas Private Investment
Corporation (OPIC, now terminated) and the U.S. Agency
for International Development (USAID) Development
Credit Authority (DCA). The BUILD  Act also expanded its
authorities and increased its exposure cap to $60 billion,
compared to OPIC's former $29 billion exposure cap. DFC
launched operations in December 2019.
Structure  and Organization
DFC  is led by a nine-member Board of Directors,
comprising a Chief Executive Officer (CEO), four other
U.S. government officials (the Secretary of State, who is the
Chairperson of the Board, the USAID Administrator, who
is the Vice Chairperson, the Secretary of the Treasury, and
the Secretary of Commerce, or their designees); and four
nongovernment  members  (for three-year terms, renewable
once). All Board positions are presidentially appointed and
subject to Senate confirmation. All DFC powers are vested
in the Board, which provides direction and general
oversight, as well as approves major DFC decisions. The
CEO  acts on the Board's direction. The Board meets
quarterly, and a quorum is five members.
Other DFC  officers include the Deputy CEO (also a Senate-
confirmed, presidentially appointed position), Chief Risk
Officer, Chief Development Officer, and Inspector General
(IG). The Senate confirmed DFC's first CEO on September
26, 2019, and two nongovernment board members on
December  26, 2020; it did not act upon other nominations,
including for the Deputy CEO, in the 116th Congress.
Authorities
DFC's  activities are backed by the full faith and credit of
the U.S. government. DFC charges fees and premiums for
its support. DFC attained the authorities of OPIC
(financing, insurance, special projects) and USAID
(technical assistance, enterprise funds), and also acquired
new authorities under the BUILD Act (e.g., equity
investment, feasibility studies)-discussed briefly below.


*  Direct loans and loan guarantees of up to $1 billion and
   for terms up to 25 years, subject to federal credit law
   and other requirements, for investment projects and
   funds. The Development Credit Office facilitates
   lending of up to $50 million to small and medium
   enterprises in developing countries.
*  Political risk insurance with coverage of up to $1 billion
   against losses due to political risks (e.g., currency
   inconvertibility, expropriation, and political violence,
   including terrorism), and reinsurance to increase
   underwriting capacity.
*  Direct equity investment into specific projects or in
   investment funds, with exposure limited to no more than
   30%  per project and 35% of overall DFC exposure.
*  Feasibility studies and technical assistance to support
   project identification and preparation. DFC must aim to
   require cost-sharing by those receiving funds.
Requirements and Limitations
By statute, DFC operates under the foreign policy guidance
of the Secretary of State. The BUILD Act imposes various
requirements and limitations on DFC support. DFC is
allowed to provide support only if it is necessary to
alleviate a credit market imperfection or to achieve a U.S.
development or foreign policy goal. In general, DFC must
prioritize support for less-developed countries, and the
President must certify that U.S. economic or foreign policy
interests are at stake to support upper-middle income
countries. One exception is that DFC may support certain
energy infrastructure projects in high-income parts of
Europe and Eurasia (Div. P, Title XX, P.L. 116-94).
Based on statute, DFC aims for projects to produce positive
development impacts, apply best practices with respect to
environmental and social safeguards, and respect human
rights, including worker rights. Among other things, the
DFC  board must reject any project likely to have
significant adverse environmental or social impacts
unless DFC provides a public notification. DFC's
Environmental and Social Policy and Procedures (ESPP)
outline how DFC considers project applications and
monitors ongoing projects. While initially carrying over
OPIC's policies, DFC subsequently revisited them and
issued an updated ESPP in July 2020, in which it removed
OPIC's prohibition on support for nuclear energy projects.
Appropriations
Congress appropriates to DFC through a Corporate Capital
Account (CCA),  comprising collections from fees for
services, interest earnings, returns on investments, and
transfers of unexpended balances from predecessor
agencies. Because DFC forecasts its collections to exceed
outlays, Congress designates a portion of CCA collections
that may be retained for operating and program expenses.
Any  excess collections are a net credit to the Treasury.


ittps://Crsreports.congress.g(

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most