147 revised section 609 guidelines were published in

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147 Revised Section 609 guidelines were published in 1999, setting forth criteria to certify nations as effectively protecting sea turtles. The Department of State in April 2003 certified 39 nations and one economy as meeting the requirements for continued export of shrimp to the United States (down from 41 countries in April 2002), and noted that Honduras and Venezuela remain uncertified. 148 9. The Pelly Amendment to the Fisherman's Protective Act of 1967 authorizes the U.S. Secretary of Commerce to certify a country for activities that diminish the effectiveness of an international 142 Information available online at: http://www.state.gov/g/oes/. 143 Information available online at: http://www.noaa.gov/fisheries.html. 144 Procedures for "Dolphin-safe" tuna certification are available online at: http://www.iattc.org/ HomeENG.htm. 145 See WTO document WT/CTE/EDB/1, 31 May 2002. 146 Federal Register: Volume 68, Number 19, page 4449; 29 January 2003. Further information is available online at: http://swr.ucsd.edu/news/168tdfinal.htm. 147 See WTO document WT/DS58/AB/RW, 22 October 2001. 148 Information available online at: http://www.state.gov/r/pa/prs/ps/2003/20152.htm.
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United States WT/TPR/S/126 Page 68 fishery conservation programme. Certification triggers a process for the President to consider the imposition of import restrictions against the country. In September 2000, the Secretary of Commerce certified Japan under the Pelly Amendment for undermining international efforts to protect whales. Certification was based on Japan's decision to kill two additional species of whales under its research programme in the North Pacific. (3) M EASURES D IRECTLY A FFECTING E XPORTS (i) Export finance, insurance and guarantees 149 1. The Export-Import Bank (Ex-Im Bank) is the official export credit agency of the United States. Pursuant to its Charter (the Export Import Bank Act of 1945, as amended), it is mandated to provide U.S. exporters with financing terms and conditions that are competitive with those made available by foreign governments to their exporters. 150 The United States participates in the OECD Arrangement on Guidelines for Officially Supported Export Credits, designed to minimize the use of government subsidies in export finance, which is referred to in the WTO Agreement on Subsidies and Countervailing Measures. 151 Ex-Im Bank activities are subject to periodic review under U.S. law; the re-authorization Act, signed into law in June 2002, extended the Ex-Im Bank authorization to September 2006 and increased its financing capacity. The Bank's activities are included in the United States' most recent WTO subsidy notification. 152 2. Ex-Im Bank provides loans, guarantees, and insurance through a variety of programmes that include: export credit insurance (post-export financing); working capital loan guarantees to exporters (pre-export financing); and medium-and long-term loan guarantees and direct loans to overseas buyers (buyer financing).
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