[Congressional Record Volume 162, Number 113 (Wednesday, July 13, 2016)]
[House]
[Pages H4818-H4819]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               INEQUITABLE BUSINESS PRACTICE IN AUSTRALIA

  The SPEAKER pro tempore. The Chair recognizes the gentleman from West 
Virginia (Mr. Mooney) for 5 minutes.
  Mr. MOONEY of West Virginia. Madam Speaker, last year, I spoke on the 
House floor about my serious concerns about the Export-Import Bank's 
interference of energy companies and the country of Australia.
  In 2013, the Export-Import Bank approved a loan of $640 million in 
financing for U.S. equipment to develop an open-pit iron ore mine in 
Australia. The mine is owned by the wealthiest woman in Australia. This 
is not an appropriate use of U.S. taxpayer dollars.
  According to unions, public officials, and the Iron Mining 
Association, these subsidies threaten to displace nearly $600 million 
worth of U.S. iron ore exports and cause a reduction of $1.2 billion in 
domestic sales.
  Today, injustice toward U.S. companies in Australia has been 
continued regarding a Florida company, APR. APR constructed an $80 
million power plant in western Australia to help the people and 
businesses of western Australia.
  Once the power-generation facility was almost built, an Australian 
bank, ANZ Bank, seized the power plant, even though it had no legal 
title or ownership interest in the plant. It claimed an ownership 
interest in the plant based on an unfair law in Australia which is 
unique to that country. This incredibly unfair Australian legislation 
allows U.S. companies and U.S. banks to lose their title or lien 
interest to their own assets, even though the Australian companies and 
banks are expressly barred from doing so by contracts they signed with 
U.S. companies.
  APR lost its $80 million power plant, lost the use of equipment and 
ability to generate electricity for western Australians, and lost the 
revenue associated with the plant. That power plant and revenue was 
wrongfully taken by the bank.
  Australia legislates that U.S. companies that lease assets in 
Australia are at peril of losing their assets based on this unfair and 
inequitable law. This law is called the Personal Property Securities 
Act and is contrary to the basic right to own and possess private 
property guaranteed under the U.S. Constitution and the fundamental 
right to due process and equal protection, also guaranteed under the 
U.S.

[[Page H4819]]

Constitution. This law has the demonstrated ability, such as with APR, 
and the potential to seriously harm many other U.S. businesses and U.S. 
interests in Australia and must be immediately addressed.

                              {time}  1015

  Last night I conducted a telephone townhall meeting in my district 
and was asked by a constituent about the status of the Trans-Pacific 
Partnership legislation. This matter is important and topical for us 
because of the pending Trans-Pacific Partnership agreement which the 
Obama administration is supporting and many in Congress are pushing for 
a vote on soon, such as this year.
  Laws like the Australian Personal Property Securities Act should make 
it very difficult for any Member of Congress to vote for the Trans-
Pacific Partnership. If Australia is going to continue to be our 
trading partner, there must be a level playing field for all parties 
involved. U.S. companies cannot be at a disadvantage when they do 
business in Australia or any other country.
  I strongly encourage our U.S. Trade Representative to address the 
situation so an inequity caused to APR and the potential inequities 
presented for other U.S. companies be corrected before a vote is called 
on the Trans-Pacific Partnership.

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