Us Congress 2025-2026 Regular Session

Us Congress House Bill HB2325 Compare Versions

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11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 2325
55 To withhold United States support for any action in the International Mone-
66 tary Fund relating to member states of the Central African Economic
77 Monetary Community until a determination as to gross foreign exchange
88 reserves is made.
99 IN THE HOUSE OF REPRESENTATIVES
1010 MARCH25, 2025
1111 Mr. H
1212 UIZENGA(for himself and Mr. MEUSER) introduced the following bill;
1313 which was referred to the Committee on Financial Services
1414 A BILL
1515 To withhold United States support for any action in the
1616 International Monetary Fund relating to member states
1717 of the Central African Economic Monetary Community
1818 until a determination as to gross foreign exchange re-
1919 serves is made.
2020 Be it enacted by the Senate and House of Representa-1
2121 tives of the United States of America in Congress assembled, 2
2222 SECTION 1. SHORT TITLE. 3
2323 This Act may be cited as the ‘‘Central African Exploi-4
2424 tation and Manipulation of American Companies Act’’ or 5
2525 the ‘‘CEMAC Act’’. 6
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2929 SEC. 2. FINDINGS. 1
3030 The Congress finds as follows: 2
3131 (1) The member states of the Central African 3
3232 Economic Monetary Community (CEMAC) hold sig-4
3333 nificant oil and gas reserves and have enjoyed dec-5
3434 ades long relationships and investments with inter-6
3535 national oil companies (IOCs). 7
3636 (2) In 2018, the central bank for CEMAC, the 8
3737 Bank of Central African States (BEAC) introduced 9
3838 and intended to enact a foreign exchange regulation 10
3939 that mandates extractive industry companies repa-11
4040 triate restoration funds for site rehabilitation to the 12
4141 BEAC. 13
4242 (3) Significant progress has been made in medi-14
4343 ated dialogues over the last 7 years to rectify 23 15
4444 issues with this regulation raised by the IOCs. How-16
4545 ever, significant issues remain including the refusal 17
4646 of BEAC to remove its sovereign immunity from 18
4747 execution, the role of BEAC as custodian of restora-19
4848 tion fund accounts, and the implementation of dou-20
4949 ble jeopardy and material adverse change clauses. 21
5050 (4) BEAC has imposed a completely arbitrary 22
5151 deadline of April 30, 2025, for the IOCs to sign this 23
5252 agreement with penalties equivalent to 150 percent 24
5353 of the restoration fund starting May 1, 2025. 25
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5757 (5) Implementation of this regulation is ex-1
5858 pected to create a lasting negative impact on oil and 2
5959 gas investment in the Central African region, and 3
6060 will drastically compound an already challenging in-4
6161 vestment environment. 5
6262 (6) The member states of BEAC have indicated 6
6363 that these restoration funds will help them shore up 7
6464 their foreign exchange reserves, despite restoration 8
6565 funds being exclusively allocated for restoration work 9
6666 costs and therefore not meeting the criteria of the 10
6767 International Monetary Fund (IMF) for foreign ex-11
6868 change reserves. 12
6969 (7) The IMF’s Balance of Payments and Inter-13
7070 national Investment Position Manual states that as-14
7171 sets must be ‘‘readily available’’ and ‘‘controlled’’ by 15
7272 a country’s monetary authorities to count towards a 16
7373 country’s foreign exchange reserves. 17
7474 (8) Oil and gas investments in the CEMAC re-18
7575 gion have been declining since 2018 and this BEAC 19
7676 foreign exchange regulation is expected to drastically 20
7777 accelerate this decline. 21
7878 (9) Standard & Poor’s estimates that the regu-22
7979 lation by 2050 will result in a reduction of govern-23
8080 ment revenue for CEMAC member states of 24
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8484 $86,000,000,000, and a reduction in capital invest-1
8585 ment of $45,000,000,000 in the region. 2
8686 (10) By refusing to clarify that these restora-3
8787 tion funds will not count towards gross foreign ex-4
8888 change reserves, the IMF has misled the CEMAC 5
8989 member states and directly put tens of billions of 6
9090 dollars of IOCs investment in the region at risk. 7
9191 SEC. 3. STATEMENT OF POLICY. 8
9292 It is the policy of the United States that— 9
9393 (1) the presence of United States companies is 10
9494 a good thing for the regions in which they invest; 11
9595 (2) any funds provided to the Bank of Central 12
9696 African States (in this Act referred to as ‘‘BEAC’’) 13
9797 by any extractive industry company for site rehabili-14
9898 tation are ineligible to count towards the gross for-15
9999 eign exchange reserves of a member state of the 16
100100 Central African Economic Monetary Community (in 17
101101 this Act referred to as ‘‘CEMAC’’) based on the re-18
102102 quirements of the Balance of Payments and Inter-19
103103 national Investment Position Manual of the Inter-20
104104 national Monetary Fund (in this Act referred to as 21
105105 the ‘‘IMF’’); 22
106106 (3) the IMF has a responsibility to accurately 23
107107 clarify to countries what are eligible and ineligible 24
108108 assets to count towards the gross foreign exchange 25
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112112 reserves of a country, so that countries are able to 1
113113 create appropriate financial policies; and 2
114114 (4) the IMF would be responsible for the loss 3
115115 of investment that the CEMAC region would face if 4
116116 a foreign exchange regulation that mandates extrac-5
117117 tive industry companies repatriate restoration funds 6
118118 for site rehabilitation to the BEAC is enacted. 7
119119 SEC. 4. WITHDRAWAL OF FUNDING. 8
120120 (a) I
121121 NGENERAL.—Until the Secretary of the Treas-9
122122 ury, in coordination with the United States Executive Di-10
123123 rector at the IMF and the Secretary of State, makes the 11
124124 determination described in subsection (b)— 12
125125 (1) neither the President nor any person or 13
126126 agency shall, on behalf of the United States, vote to 14
127127 approve any action by the IMF relating to any 15
128128 CEMAC member state; and 16
129129 (2) the Secretary of the Treasury shall direct 17
130130 the United States Executive Director at the IMF to 18
131131 use the voice and vote of the United States to op-19
132132 pose any proposal to— 20
133133 (A) increase the quota in the IMF for any 21
134134 CEMAC member state; or 22
135135 (B) modify the exceptional access policy of 23
136136 the IMF for any CEMAC member state. 24
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140140 (b) DETERMINATION.—The determination referred to 1
141141 in subsection (a) is a determination that the IMF has pub-2
142142 licly clarified that any funds provided to BEAC by any 3
143143 international oil company for site rehabilitation are ineli-4
144144 gible to count towards the gross foreign exchange reserves 5
145145 of any country. 6
146146 (c) P
147147 UBLICATION.—On making the determination de-7
148148 scribed in subsection (b), the Secretary of the Treasury 8
149149 shall publicize the determination and transmit a copy of 9
150150 the determination to the appropriate congressional com-10
151151 mittees. 11
152152 (d) R
153153 EPORT.—No later than 30 days after the date 12
154154 the determination described in subsection (b) is made, and 13
155155 no later than 180 days after the enactment of this Act 14
156156 if the determination has, by then, not been made, the Sec-15
157157 retary of the Treasury shall provide to the appropriate 16
158158 congressional committees a report that details the actions 17
159159 taken by the United States Government at the Inter-18
160160 national Monetary Fund, including those by the United 19
161161 States Executive Director at the IMF, to have the IMF 20
162162 publicly clarify that any funds provided to BEAC by any 21
163163 international oil company for site rehabilitation are ineli-22
164164 gible to count towards the gross foreign exchange reserves 23
165165 of a country. 24
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169169 (e) APPROPRIATECONGRESSIONALCOMMITTEES.— 1
170170 In this section, the term ‘‘appropriate congressional com-2
171171 mittees’’ means— 3
172172 (1) the Committee on Financial Services and 4
173173 the Committee on Foreign Affairs of the House of 5
174174 Representatives; and 6
175175 (2) the Committee on Finance and the Com-7
176176 mittee on Foreign Relations of the Senate. 8
177177 Æ
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