(3) by adding at the end the following: 
‘‘(o) to decline to issue any contract of insurance or 
reinsurance, or any guaranty, or to enter into any agree-
ment to provide financing or any other assistance for a pro-
spective eligible investor who enters, directly or through an 
affiliate, into certain discouraged transactions with a state 
sponsor of terrorism.’’. 
(b) GENERAL PROVISIONS AND POWERS.—Section 239 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2199), as 
amended by section 7, is amended by adding at the end 
the following: 
‘‘(m) STATE SPONSOR OF TERRORISM.— 
‘‘(1) IN GENERAL.—In order to carry out the 
policy set forth in section 231(o) of this Act, the Cor-
poration shall require a certification from an officer 
of a prospective OPIC-supported United States inves-
tor that the investor and all affiliates of the investor 
are not engaged in a discouraged transaction with a 
state sponsor of terrorism. 
‘‘(2) DISCOURAGED TRANSACTION.—In this sub-
section, the term ‘discouraged transaction’ means any 
of the following activities: 
‘‘(A) 
An 
investment 
commitment 
of 
$20,000,000 or more by the investor in the en-
ergy sector in a state sponsor of terrorism. 
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‘‘(B) Any loan, or an extension of credit, to 
the government of a state sponsor of terrorism by 
the investor that— 
‘‘(i) is outstanding on the date the Cor-
poration enters into a contract with the in-
vestor; and 
‘‘(ii) that has a value of more than 
$5,000,000, including the sale of goods for 
which payment is not required by the pur-
chaser within 45 days. 
‘‘(C) The transfer by the investor of goods 
that are included on the United States Muni-
tions List, referred to in section 38(a)(1) of the 
Arms Export Control Act (22 U.S.C. 2778(a)(1)) 
to a state sponsor of terrorism within the 3-year 
period preceding the date the Corporation enters 
into a contract with the investor. 
‘‘(3) EXCEPTION.—An officer of a prospective 
OPIC-supported United States investor may provide 
a certification under this subsection notwithstanding 
the fact that an affiliate of the investor is engaged in 
a discouraged transaction if the transaction is carried 
out under a contract or other obligation of the affil-
iate that was entered into or incurred before the ac-
quisition of such affiliate by the prospective OPIC- 
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supported United States investor or the parent com-
pany of the OPIC-supported United States investor. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) 
AFFILIATE.—The 
term 
‘affiliate’ 
means any person that is directly or indirectly 
controlled by, under common control with, or 
controls a prospective OPIC-supported United 
States investor or the parent company of such 
investor. 
‘‘(B) INVESTMENT COMMITMENT IN THE EN-
ERGY SECTOR OF A STATE SPONSOR OF TER-
RORISM.—The term ‘investment commitment in 
the energy sector of a state sponsor of terrorism’ 
means any of the following activities if such ac-
tivity is undertaken pursuant to a commitment, 
or pursuant to the exercise of rights under a 
commitment, that was entered into with the gov-
ernment of a state sponsor of terrorism or a non-
governmental entity in a country that is a state 
sponsor of terrorism: 
‘‘(i) The entry into a contract that in-
cludes responsibility for the development or 
transportation of petroleum or natural gas 
resources located in a country that is a 
state sponsor of terrorism, or the entry into 
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a contract providing for the general super-
vision or guaranty of another person’s per-
formance of such a contract. 
‘‘(ii) The purchase of a share of owner-
ship, including an equity interest, in the 
development of petroleum or natural re-
sources described in clause (i). 
‘‘(iii) The entry into a contract pro-
viding for the participation in royalties, 
earnings, or profits in the development of 
petroleum or natural resources described in 
clause (i), without regard to the form of the 
participation. 
‘‘(C) STATE SPONSOR OF TERRORISM.—The 
term ‘state sponsor of terrorism’ — 
‘‘(i) means any country the govern-
ment of which the Secretary of State has de-
termined has repeatedly provided support 
for acts of international terrorism pursuant 
to section 6(j) of the Export Administration 
Act of 1979, section 620A of this Act, or sec-
tion 40 of the Arms Export Control Act; 
and 
‘‘(ii) does not include Southern Sudan, 
Southern Kordofan/Nuba Mountains State, 
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Blue Nile State, and Abyei, Darfur, if the 
Corporation, with the concurrence of the 
Secretary of State, determines that pro-
viding assistance for projects in such re-
gions will provide emergency relief, promote 
economic self-sufficiency, or implement a 
nonmilitary program in support of a viable 
peace agreement in Sudan, such as the 
Comprehensive Peace Agreement for Sudan 
and the Darfur Peace Agreement.’’. 
SEC. 10. CONGRESSIONAL NOTIFICATION REGARDING MAX-
IMUM CONTINGENT LIABILITY. 
Section 239 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2199), as amended by sections 7, and 9, is amended 
by adding at the end the following: 
‘‘(n) CONGRESSIONAL NOTIFICATION OF INCREASE IN 
MAXIMUM CONTINGENT LIABILITY.—The Corporation shall 
notify the Committee on Foreign Relations of the Senate 
and the Committee on Foreign Affairs of the House of Rep-
resentatives not later than 15 days after the date on which 
the Corporation’s maximum contingent liability out-
standing at any one time pursuant to insurance issued 
under section 234(a), and the amount of financing issued 
under sections 234(b) and (c), exceeds the Corporation’s 
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