Oversee This: The U.S. and Mexico’s North American Development Bank

Tags

Border Environment Cooperation Agreement, Border Environment Cooperation Commission (BECC), Canada-United States Free Trade Agreement (CUSFTA), Community Adjustment and Investment Program (CAIP), Global financial, Globalization, International Bank for Reconstruction and Development, International Monetary Fund, Mexico, NAD-Bank, North American Development Bank, North American Free Trade Agreement (NAFTA), North American Integration and Development Center (NAU), North American Union, Secretary of the Treasury

Many Americans are completely unaware of the North American Development Bank (NADB), how they operate, who benefits, and how they’re using taxpayers hard earned cash.

The NADB is what oversees the North American Union (NAU) infrastructure expansion deep into Mexico. It started out by convincing Americans living along the US/Mex border that the purpose was to enhance living conditions along the border, ie – waste water treatment facilities and modern infrastructure.

Immediately after 9/11 the NADB rushed through a host of projects aimed at expanding more than 100 miles into Mexico, at US taxpayer expense. More than $2 billion taxpayer dollars has been spent so far.

Are you beginning to see why the drug trafficking, child prostitution, killing and kidnapping has increased so dramatically on our southern border? These NADB projects are a major reason for the escalation in violence between the Mexican police and (U.S.Fast and Furious) drug dealers.

Introduction

The North American Development Bank was created by President Bill Clinton in order to “assist development along the Mexican border and show sympathy with the concerns of Hispanic Representatives.” The NADB and its sister institution, the Border Environment Cooperation Commission (BECC), were created under the auspices of the North American Free Trade Agreement (NAFTA) to address “environmental issues” in the U.S.-Mexico border region.

The two institutions initiated operations under the November 1993 Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Border Environment Cooperation Commission(BECC) and a North American Development Bank (the “Charter”).

NADB was established in San Antonio, Texas, and began operations on November 10, 1994, with the initial capital subscriptions of the U.S. and Mexican governments.

In June 2000, the NADB Board of Directors initiated discussions on expanding the Bank’s financing activities to “more effectively serve border needs.” These discussions gave rise to a broad set of reform initiatives, some of which required changes to the original NADB-BECC Charter. Following passage of the necessary U.S. and Mexican legislation, an amended Charter went into force on August 6, 2004.

North American Development Bank is also known as NAD-BANK.

Legalese: Now here’s where things get interesting

22 U.S. Code § 290m – North American Development Bank

(a) Acceptance of membership

The President is hereby authorized to accept membership for the United States in the North American Development Bank provided for in Chapter II of the “Border Environment Cooperation Agreement.”

(b) Subscription of stock
(1) Subscription authority
(A) In general
The Secretary of the Treasury may subscribe on behalf of the United States up to 150,000 shares of the capital stock of the Bank.

(B) Effectiveness of subscription
Except as provided in paragraph (3), any such subscription shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.

(2) Limitations on authorization of appropriations
For payment by the Secretary of the Treasury of the subscription of the United States for shares described in paragraph (1), there are authorized to be appropriated $1,500,000,000 ($225,000,000 of which may be used for paid-in capital and $1,275,000,000 of which may be used for callable capital) without fiscal year limitation.

(3) Funding; limitation on callable capital subscriptions
(A) Funding
For fiscal year 1995, the Secretary of the Treasury shall pay to the Bank out of any sums in the Treasury not otherwise appropriated the sum of $56,250,000 for the paid-in portion of the United States share of the capital stock of the Bank, 10 percent of which may be transferred by the Bank to the President pursuant to section 290m–2 of this title to pay for the cost of direct and “guaranteed Federal loans.”

(B) Limitation on callable capital subscriptions
For fiscal year 1995, the Secretary of the Treasury shall subscribe to the callable capital portion of the United States share of the capital stock of the Bank in an amount not to exceed $318,750,000.

(4) Disposition of net income distributed by the facility
Any payment made to the United States by the Bank as a distribution of net income shall be covered into the Treasury as a miscellaneous receipt.

(c) Compensation of Board members
No person shall be entitled to receive any salary or other compensation from the Bank or the United States for services as a Board member.

(d) Applicability of Bretton Woods Agreements Act

The provisions of section 4 of the Bretton Woods Agreements Act [22 U.S.C. – FOREIGN RELATIONS AND INTERCOURSE – 286b] shall apply with respect to the Bank to the same extent as with respect to the International Bank of Reconstruction and Development (World Bank) and the International Monetary Fund.

FOREIGN RELATIONS AND INTERCOURSE

(e) Restrictions
Unless authorized by law, neither the President nor any person or agency shall, on behalf of the United States—
(1) subscribe to additional shares of stock of the Bank;
(2) vote for or agree to any amendment of the Cooperation Agreement which increases the obligations of the United States, or which changes the purpose or functions of the Bank; or
(3) make a loan or provide other financing to the Bank.

(f) Federal Reserve banks as depositories
Any Federal Reserve bank that is requested to do so by the Bank shall act as its depository or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks.

(g) Jurisdiction of United States courts and enforcement of arbitral awards

(Please read this carefully)

For the purpose of any civil action which may be brought within the United States, its territories or possessions, or the Commonwealth of Puerto Rico, by or against the Bank in accordance with the Cooperation Agreement, including an action brought to enforce an arbitral award against the Bank, the Bank shall be deemed to be an inhabitant of the Federal judicial district in which its principal office within the United States or its agency appointed for the purpose of accepting service or notice of service is located, and any such action to which the Bank shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States, including the courts enumerated in section 460 of title 28, shall have original jurisdiction of any such action. ( 26 U.S. Code § 6330 – Notice and opportunity for hearing).

When the Bank is a defendant in any action in a State court, it may at any time before trial remove the action into the appropriate district court of the United States by following the procedure for removal provided in section 1446 of title 28.

(h) Exemption from securities laws for certain securities issued by Bank; reports required
(1) Omitted
(2) Exemption from securities laws for certain securities issued by the Bank; reports required
Any securities issued by the Bank (including any guarantee by the Bank, whether or not limited in scope) in connection with the raising of funds for inclusion in the Bank’s capital resources as defined in Section 4 of Article II of Chapter II of the Cooperation Agreement, and any securities guaranteed by the Bank as to both the principal and interest to which the commitment in Section 3(d) of Article II of Chapter II of the Cooperation Agreement is expressly applicable, shall be deemed to be exempted securities within the meaning of section 77c (a)(2) of title 15, and section 78c (a)(12) of title 15. The Bank shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Bank and its operations and necessary in the public interest or for the protection of investors.
(3) Authority of Securities and Exchange Commission to suspend exemption; reports to the Congress
The Securities and Exchange Commission, acting in consultation with the National Advisory Council on International Monetary and Financial Problems, is authorized to suspend the provisions of paragraph (2) at any time as to any or all securities issued or guaranteed by the Bank during the period of such suspension. The Commission shall include in its annual reports to Congress such information as it shall deem advisable with regard to the operations and effect of this subsection and in connection therewith shall include any views submitted for such purpose by any association of dealers registered with the Commission.