---
kind: "section"
citation: "22 U.S.C. § 290k–2"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "290k–2"
heading: "Instructions for United States Director"
release: "119-102"
url: "https://uscodex.org/usc/22/290k-2"
units:
  - "Chapter 7 — International Bureaus, Congresses, Etc."
  - "Subchapter XXVI — Multilateral Investment Guarantee Agency"
---

# §290k–2. Instructions for United States Director


Immediately after taking [office](/usc/22/2214a.md?p=9) and prior to the issuance by the Agency of its first guarantee, the [United States](/usc/22/1395.md?p=a-1) Director of the Agency shall propose and actively seek the adoption by the [Board](/usc/22/2431a.md?p=4) of Directors of policies and procedures under which the Agency will not issue guarantees in respect of any proposed investment that would—

- (1) be in any country which has not taken or is not taking steps to afford internationally recognized workers’ rights to workers in that country;
- (2) be subject to trade-distorting performance requirements imposed by the host country that are likely to result in a significant net reduction in—
  - (A) employment in the [United States](/usc/22/1395.md?p=a-1) or other member countries; or
  - (B) other trade benefits likely to accrue to the [United States](/usc/22/1395.md?p=a-1) or other member countries from the investment; or
- (3) increase a country’s productive capacity in an industry already facing excess worldwide capacity for the same, similar or competing product, and cause substantial injury to producers of such product in another member country.

## Source credit

(Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134.)

## Notes

### Editorial Notes

### Codification

Section is based on section 405 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.