US (United States) Code. Title 15. Chapter 66: Promotion of Export Trade

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and Trade

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15 USC CHAPTER 66 - PROMOTION OF EXPORT TRADE 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

.

-HEAD-

CHAPTER 66 - PROMOTION OF EXPORT TRADE

-MISC1-

SUBCHAPTER I - EXPORT TRADING COMPANIES AND TRADE ASSOCIATIONS

Sec.

4001. Congressional findings and declaration of purpose.

4002. Definitions.

4003. Office of Export Trade in Department of Commerce.

SUBCHAPTER II - EXPORT TRADE CERTIFICATES OF REVIEW

4011. Export trade promotion duties of Secretary of Commerce.

4012. Application for issuance of certificate of review.

(a) Written form; limitation to export trade;

compliance with regulations.

(b) Publication of notice of application; transmittal

to Attorney General.

4013. Issuance of certificate.

(a) Requirements.

(b) Time for determination; specification in

certificate.

(c) Expedited action.

(d) Notification of denial; request for

reconsideration.

(e) Return of documents upon request after denial.

(f) Fraudulent procurement of certificate.

4014. Reporting requirement; amendment of certificate; revocation.

(a) Report of changes in matters specified;

application to amend; treatment as application

for issuance.

(b) Request for compliance information; failure to

provide; notice of noncompliance; revocation or

modification; antitrust investigation; no civil

investigative demand.

4015. Judicial review; admissibility.

(a) District court review of grants or denials;

erroneous determination.

(b) Exclusive provision for review.

(c) Inadmissibility in antitrust proceedings.

4016. Protection conferred by certificate of review.

(a) Protection from civil or criminal antitrust

actions.

(b) Special restraint of trade civil actions; time

limitations; certificate governed conduct

presumed in compliance; award of costs to

successful defendant; suit by Attorney General.

4017. Guidelines.

(a) Issuance; content.

(b) Administrative rulemaking requirements not

applicable.

4018. Annual reports.

4019. Disclosure of information.

(a) Exemption.

(b) Protection of potentially harmful confidential

information; exceptions: Congress; judicial or

administrative proceedings; consent; necessity

for determination; Federal law; regulations.

4020. Rules and regulations.

4021. Definitions.

SUBCHAPTER III - EXPORT PROMOTION PROGRAMS

4051. Requirement of prior authorization.

(a) General rule.

(b) Exception for later legislation authorizing

obligations or expenditures.

(c) Provisions must be specifically superseded.

(d) ''Export promotion program'' defined.

(e) Printing outside United States.

4052. Authorization of appropriations.

4053. Barter arrangements.

(a) Report on status of Federal barter programs.

(b) Authorities of President.

(c) Other provisions of law not affected.

(d) Conventional markets not to be displaced by

barters.

(e) Report to Congress.

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15 USC SUBCHAPTER I - EXPORT TRADING COMPANIES AND TRADE

ASSOCIATIONS 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER I - EXPORT TRADING COMPANIES AND TRADE ASSOCIATIONS

.

-HEAD-

SUBCHAPTER I - EXPORT TRADING COMPANIES AND TRADE ASSOCIATIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 7 sections 7257, 7258.

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15 USC Sec. 4001 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER I - EXPORT TRADING COMPANIES AND TRADE ASSOCIATIONS

-HEAD-

Sec. 4001. Congressional findings and declaration of purpose

-STATUTE-

(a) The Congress finds that -

(1) United States exports are responsible for creating and

maintaining one out of every nine manufacturing jobs in the

United States and for generating one out of every seven dollars

of total United States goods produced;

(2) the rapidly growing service-related industries are vital to

the well-being of the United States economy inasmuch as they

create jobs for seven out of every ten Americans, provide 65 per

centum of the Nation's gross national product, and offer the

greatest potential for significantly increased industrial trade

involving finished products;

(3) trade deficits contribute to the decline of the dollar on

international currency markets and have an inflationary impact on

the United States economy;

(4) tens of thousands of small- and medium-sized United States

businesses produce exportable goods or services but do not engage

in exporting;

(5) although the United States is the world's leading

agricultural exporting nation, many farm products are not

marketed as widely and effectively abroad as they could be

through export trading companies;

(6) export trade services in the United States are fragmented

into a multitude of separate functions, and companies attempting

to offer export trade services lack financial leverage to reach a

significant number of potential United States exporters;

(7) the United States needs well-developed export trade

intermediaries which can achieve economies of scale and acquire

expertise enabling them to export goods and services profitably,

at low per unit cost to producers;

(8) the development of export trading companies in the United

States has been hampered by business attitudes and by Government

regulations;

(9) those activities of State and local governmental

authorities which initiate, facilitate, or expand exports of

goods and services can be an important source for expansion of

total United States exports, as well as for experimentation in

the development of innovative export programs keyed to local,

State, and regional economic needs;

(10) if United States trading companies are to be successful in

promoting United States exports and in competing with foreign

trading companies, they should be able to draw on the resources,

expertise, and knowledge of the United States banking system,

both in the United States and abroad; and

(11) the Department of Commerce is responsible for the

development and promotion of United States exports, and

especially for facilitating the export of finished products by

United States manufacturers.

(b) It is the purpose of this chapter to increase United States

exports of products and services by encouraging more efficient

provision of export trade services to United States producers and

suppliers, in particular by establishing an office within the

Department of Commerce to promote the formation of export trade

associations and export trading companies, by permitting bank

holding companies, bankers' banks, and Edge Act corporations and

agreement corporations that are subsidiaries of bank holding

companies to invest in export trading companies, by reducing

restrictions on trade financing provided by financial institutions,

and by modifying the application of the antitrust laws to certain

export trade.

-SOURCE-

(Pub. L. 97-290, title I, Sec. 102, Oct. 8, 1982, 96 Stat. 1233.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in original ''this

Act'', meaning Pub. L. 97-290, Oct. 8, 1982, 96 Stat. 1233, which

enacted this chapter and section 6a of this title and section

635a-4 of Title 12, Banks and Banking, amended section 45 of this

title and sections 372 and 1843 of Title 12, and enacted provisions

set out as notes under sections 1, 4001, and 4011 of this title and

sections 1841 and 1843 of Title 12. For complete classification of

this Act to the Code, see Tables.

Edge Act corporation, referred to in subsec. (b), is a

corporation organized under section 25A of the Federal Reserve Act,

as added by act Dec. 24, 1919, ch. 18, 41 Stat. 378, and amended,

popularly known as the Edge Act, which is classified to subchapter

II (Sec. 611 et seq.) of chapter 6 of Title 12. For complete

classification of this Act to the Code, see Short Title note set

out under section 611 of Title 12 and Tables.

-MISC2-

SHORT TITLE

Section 101 of title I of Pub. L. 97-290 provided that: ''This

title (enacting this subchapter) may be cited as the 'Export

Trading Company Act of 1982'.''

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15 USC Sec. 4002 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER I - EXPORT TRADING COMPANIES AND TRADE ASSOCIATIONS

-HEAD-

Sec. 4002. Definitions

-STATUTE-

(a) For purposes of this subchapter -

(1) the term ''export trade'' means trade or commerce in goods

or services produced in the United States which are exported, or

in the course of being exported, from the United States to any

other country;

(2) the term ''services'' includes, but is not limited to,

accounting, amusement, architectural, automatic data processing,

business, communications, construction franchising and licensing,

consulting, engineering, financial, insurance, legal, management,

repair, tourism, training, and transportation services;

(3) the term ''export trade services'' includes, but is not

limited to, consulting, international market research,

advertising, marketing, insurance, product research and design,

legal assistance, transportation, including trade documentation

and freight forwarding, communication and processing of foreign

orders to and for exporters and foreign purchasers, warehousing,

foreign exchange, financing, and taking title to goods, when

provided in order to facilitate the export of goods or services

produced in the United States;

(4) the term ''export trading company'' means a person,

partnership, association, or similar organization, whether

operated for profit or as a nonprofit organization, which does

business under the laws of the United States or any State and

which is organized and operated principally for purposes of -

(A) exporting goods or services produced in the United

States; or

(B) facilitating the exportation of goods or services

produced in the United States by unaffiliated persons by

providing one or more export trade services;

(5) the term ''State'' means any of the several States of the

United States, the District of Columbia, the Commonwealth of

Puerto Rico, the Virgin Islands, American Samoa, Guam, the

Commonwealth of the Northern Mariana Islands, and the Trust

Territory of the Pacific Islands;

(6) the term ''United States'' means the several States of the

United States, the District of Columbia, the Commonwealth of

Puerto Rico, the Virgin Islands, American Samoa, Guam, the

Commonwealth of the Northern Mariana Islands, and the Trust

Territory of the Pacific Islands; and

(7) the term ''antitrust laws'' means the antitrust laws as

defined in section 12(a) of this title, section 45 of this title

to the extent that section 45 of this title applies to unfair

methods of competition, and any State antitrust or unfair

competition law.

(b) The Secretary of Commerce may by regulation further define

any term defined in subsection (a) of this section, in order to

carry out this subchapter.

-SOURCE-

(Pub. L. 97-290, title I, Sec. 103, Oct. 8, 1982, 96 Stat. 1234.)

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

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15 USC Sec. 4003 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER I - EXPORT TRADING COMPANIES AND TRADE ASSOCIATIONS

-HEAD-

Sec. 4003. Office of Export Trade in Department of Commerce

-STATUTE-

The Secretary of Commerce shall establish within the Department

of Commerce an office to promote and encourage to the greatest

extent feasible the formation of export trade associations and

export trading companies. Such office shall provide information

and advice to interested persons and shall provide a referral

service to facilitate contact between producers of exportable goods

and services and firms offering export trade services. The office

shall establish a program to encourage and assist the operation of

other export intermediaries, including existing and newly formed

export management companies.

-SOURCE-

(Pub. L. 97-290, title I, Sec. 104, Oct. 8, 1982, 96 Stat. 1235;

Pub. L. 100-418, title II, Sec. 2310, Aug. 23, 1988, 102 Stat.

1346.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-418 inserted requirement that the office

establish a program to encourage and assist operation of other

export intermediaries, including existing and newly formed export

management companies.

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15 USC SUBCHAPTER II - EXPORT TRADE CERTIFICATES OF

REVIEW 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER II - EXPORT TRADE CERTIFICATES OF REVIEW

.

-HEAD-

SUBCHAPTER II - EXPORT TRADE CERTIFICATES OF REVIEW

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15 USC Sec. 4011 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER II - EXPORT TRADE CERTIFICATES OF REVIEW

-HEAD-

Sec. 4011. Export trade promotion duties of Secretary of Commerce

-STATUTE-

To promote and encourage export trade, the Secretary may issue

certificates of review and advise and assist any person with

respect to applying for certificates of review.

-SOURCE-

(Pub. L. 97-290, title III, Sec. 301, Oct. 8, 1982, 96 Stat. 1240.)

-MISC1-

EFFECTIVE DATE

Section 312 of Pub. L. 97-290 provided that:

''(a) Except as provided in subsection (b), this title (enacting

this subchapter) shall take effect on the date of the enactment of

this Act (Oct. 8, 1982).

''(b) Section 302 and section 303 (enacting sections 4012 and

4013 of this title) shall take effect 90 days after the effective

date of the rules and regulations first promulgated under section

310 (enacting section 4020 of this title).''

REPORT ON EXPORT TRADING COMPANIES

Pub. L. 100-418, title II, Sec. 2311, Aug. 23, 1988, 102 Stat.

1346, directed Secretary of Commerce to submit a report, not later

than 18 months after Aug. 23, 1988, to Committee on Banking,

Housing, and Urban Affairs of Senate, and to Committee on Banking,

Finance and Urban Affairs, Committee on Foreign Affairs, and

Committee on the Judiciary of House of Representatives, on

activities of Department of Commerce to promote and encourage

formation of new and operation of existing and new export promotion

intermediaries, including export management companies, export trade

associations, bank export trading companies, and export trading

companies, with report to include a survey of activities of export

management companies, export trade associations, and those bank

export trading companies and export trading companies established

pursuant to amendments made by title II of the Export Trading

Company Act of 1982 and pursuant to title III of that Act, but not

to contain any information subject to the protections from

disclosure provided in that Act.

FEDERAL COAL EXPORT COMMISSION

Pub. L. 99-83, title XIII, Sec. 1304, Aug. 8, 1985, 99 Stat. 282,

provided for establishment, membership, etc., of Federal Coal

Export Commission, required Commission to convene at least four

times a year for consultation on activities leading to increased

cooperation among entities involved in United States coal exports,

with goal of expanding the United States share of international

market, specified activities of Commission, including examination

of potential for small- and medium-sized companies to enter export

coal trade through exporting trading companies, directed Commission

to report its finding and recommendations to President and Congress

within two years after its first meeting, and terminated Commission

upon submission of its report.

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15 USC Sec. 4012 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER II - EXPORT TRADE CERTIFICATES OF REVIEW

-HEAD-

Sec. 4012. Application for issuance of certificate of review

-STATUTE-

(a) Written form; limitation to export trade; compliance with

regulations

To apply for a certificate of review, a person shall submit to

the Secretary a written application which -

(1) specifies conduct limited to export trade, and

(2) is in a form and contains any information, including

information pertaining to the overall market in which the

applicant operates, required by rule or regulation promulgated

under section 4020 of this title.

(b) Publication of notice of application; transmittal to Attorney

General

(1) Within ten days after an application submitted under

subsection (a) of this section is received by the Secretary, the

Secretary shall publish in the Federal Register a notice that

announces that an application for a certificate of review has been

submitted, identifies each person submitting the application, and

describes the conduct for which the application is submitted.

(2) Not later than seven days after an application submitted

under subsection (a) of this section is received by the Secretary,

the Secretary shall transmit to the Attorney General -

(A) a copy of the application,

(B) any information submitted to the Secretary in connection

with the application, and

(C) any other relevant information (as determined by the

Secretary) in the possession of the Secretary, including

information regarding the market share of the applicant in the

line of commerce to which the conduct specified in the

application relates.

-SOURCE-

(Pub. L. 97-290, title III, Sec. 302, Oct. 8, 1982, 96 Stat. 1240.)

-MISC1-

EFFECTIVE DATE

Section effective 90 days after effective date of rules and

regulations first promulgated under section 4020 of this title, see

section 312(b) of Pub. L. 97-290 set out as a note under section

4011 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4013, 4018 of this title.

-CITE-

15 USC Sec. 4013 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER II - EXPORT TRADE CERTIFICATES OF REVIEW

-HEAD-

Sec. 4013. Issuance of certificate

-STATUTE-

(a) Requirements

A certificate of review shall be issued to any applicant that

establishes that its specified export trade, export trade

activities, and methods of operation will -

(1) result in neither a substantial lessening of competition or

restraint of trade within the United States nor a substantial

restraint of the export trade of any competitor of the applicant,

(2) not unreasonably enhance, stabilize, or depress prices

within the United States of the goods, wares, merchandise, or

services of the class exported by the applicant,

(3) not constitute unfair methods of competition against

competitors engaged in the export of goods, wares, merchandise,

or services of the class exported by the applicant, and

(4) not include any act that may reasonably be expected to

result in the sale for consumption or resale within the United

States of the goods, wares, merchandise, or services exported by

the applicant.

(b) Time for determination; specification in certificate

Within ninety days after the Secretary receives an application

for a certificate of review, the Secretary shall determine whether

the applicant's export trade, export trade activities, and methods

of operation meet the standards of subsection (a) of this section.

If the Secretary, with the concurrence of the Attorney General,

determines that such standards are met, the Secretary shall issue

to the applicant a certificate of review. The certificate of

review shall specify -

(1) the export trade, export trade activities, and methods of

operation to which the certificate applies,

(2) the person to whom the certificate of review is issued, and

(3) any terms and conditions the Secretary or the Attorney

General deems necessary to assure compliance with the standards

of subsection (a) of this section.

(c) Expedited action

If the applicant indicates a special need for prompt disposition,

the Secretary and the Attorney General may expedite action on the

application, except that no certificate of review may be issued

within thirty days of publication of notice in the Federal Register

under section 4012(b)(1) of this title.

(d) Notification of denial; request for reconsideration

(1) If the Secretary denies in whole or in part an application

for a certificate, he shall notify the applicant of his

determination and the reasons for it.

(2) An applicant may, within thirty days of receipt of

notification that the application has been denied in whole or in

part, request the Secretary to reconsider the determination. The

Secretary, with the concurrence of the Attorney General, shall

notify the applicant of the determination upon reconsideration

within thirty days of receipt of the request.

(e) Return of documents upon request after denial

If the Secretary denies an application for the issuance of a

certificate of review and thereafter receives from the applicant a

request for the return of documents submitted by the applicant in

connection with the application for the certificate, the Secretary

and the Attorney General shall return to the applicant, not later

than thirty days after receipt of the request, the documents and

all copies of the documents available to the Secretary and the

Attorney General, except to the extent that the information

contained in a document has been made available to the public.

(f) Fraudulent procurement of certificate

A certificate shall be void ab initio with respect to any export

trade, export trade activities, or methods of operation for which a

certificate was procured by fraud.

-SOURCE-

(Pub. L. 97-290, title III, Sec. 303, Oct. 8, 1982, 96 Stat. 1241.)

-MISC1-

EFFECTIVE DATE

Section effective 90 days after effective date of rules and

regulations first promulgated under section 4020 of this title, see

section 312(b) of Pub. L. 97-290 set out as a note under section

4011 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4014, 4016, 4017 of this

title.

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15 USC Sec. 4014 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER II - EXPORT TRADE CERTIFICATES OF REVIEW

-HEAD-

Sec. 4014. Reporting requirement; amendment of certificate;

revocation

-STATUTE-

(a) Report of changes in matters specified; application to amend;

treatment as application for issuance

(1) Any applicant who receives a certificate of review -

(A) shall promptly report to the Secretary any change relevant

to the matters specified in the certificate, and

(B) may submit to the Secretary an application to amend the

certificate to reflect the effect of the change on the conduct

specified in the certificate.

(2) An application for an amendment to a certificate of review

shall be treated as an application for the issuance of a

certificate. The effective date of an amendment shall be the date

on which the application for the amendment is submitted to the

Secretary.

(b) Request for compliance information; failure to provide; notice

of noncompliance; revocation or modification; antitrust

investigation; no civil investigative demand

(1) If the Secretary or the Attorney General has reason to

believe that the export trade, export trade activities, or methods

of operation of a person holding a certificate of review no longer

comply with the standards of section 4013(a) of this title, the

Secretary shall request such information from such person as the

Secretary or the Attorney General deems necessary to resolve the

matter of compliance. Failure to comply with such request shall be

grounds for revocation of the certificate under paragraph (2).

(2) If the Secretary or the Attorney General determines that the

export trade, export trade activities, or methods of operation of a

person holding a certificate no longer comply with the standards of

section 4013(a) of this title, or that such person has failed to

comply with a request made under paragraph (1), the Secretary shall

give written notice of the determination to such person. The

notice shall include a statement of the circumstances underlying,

and the reasons in support of, the determination. In the 60-day

period beginning 30 days after the notice is given, the Secretary

shall revoke the certificate or modify it as the Secretary or the

Attorney General deems necessary to cause the certificate to apply

only to the export trade, export trade activities, or methods of

operation which are in compliance with the standards of section

4013(a) of this title.

(3) For purposes of carrying out this subsection, the Attorney

General, and the Assistant Attorney General in charge of the

antitrust division of the Department of Justice, may conduct

investigations in the same manner as the Attorney General and the

Assistant Attorney General conduct investigations under section

1312 of this title, except that no civil investigative demand may

be issued to a person to whom a certificate of review is issued if

such person is the target of such investigation.

-SOURCE-

(Pub. L. 97-290, title III, Sec. 304, Oct. 8, 1982, 96 Stat. 1242.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 8, 1982, see section 312 of Pub. L.

97-290, set out as a note under section 4011 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4015, 4017 of this title.

-CITE-

15 USC Sec. 4015 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER II - EXPORT TRADE CERTIFICATES OF REVIEW

-HEAD-

Sec. 4015. Judicial review; admissibility

-STATUTE-

(a) District court review of grants or denials; erroneous

determination

If the Secretary grants or denies, in whole or in part, an

application for a certificate of review or for an amendment to a

certificate, or revokes or modifies a certificate pursuant to

section 4014(b) of this title, any person aggrieved by such

determination may, within 30 days of the determination, bring an

action in any appropriate district court of the United States to

set aside the determination on the ground that such determination

is erroneous.

(b) Exclusive provision for review

Except as provided in subsection (a) of this section, no action

by the Secretary or the Attorney General pursuant to this

subchapter shall be subject to judicial review.

(c) Inadmissibility in antitrust proceedings

If the Secretary denies, in whole or in part, an application for

a certificate of review or for an amendment to a certificate, or

revokes or amends a certificate, neither the negative determination

nor the statement of reasons therefor shall be admissible in

evidence, in any administrative or judicial proceeding, in support

of any claim under the antitrust laws.

-SOURCE-

(Pub. L. 97-290, title III, Sec. 305, Oct. 8, 1982, 96 Stat. 1243.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 8, 1982, see section 312 of Pub. L.

97-290, set out as a note under section 4011 of this title.

-CITE-

15 USC Sec. 4016 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER II - EXPORT TRADE CERTIFICATES OF REVIEW

-HEAD-

Sec. 4016. Protection conferred by certificate of review

-STATUTE-

(a) Protection from civil or criminal antitrust actions

Except as provided in subsection (b) of this section, no criminal

or civil action may be brought under the antitrust laws against a

person to whom a certificate of review is issued which is based on

conduct which is specified in, and complies with the terms of, a

certificate issued under section 4013 of this title which

certificate was in effect when the conduct occurred.

(b) Special restraint of trade civil actions; time limitations;

certificate governed conduct presumed in compliance; award of

costs to successful defendant; suit by Attorney General

(1) Any person who has been injured as a result of conduct

engaged in under a certificate of review may bring a civil action

for injunctive relief, actual damages, the loss of interest on

actual damages, and the cost of suit (including a reasonable

attorney's fee) for the failure to comply with the standards of

section 4013(a) of this title. Any action commenced under this

subchapter shall proceed as if it were an action commenced under

section 15 or section 26 of this title, except that the standards

of section 4013(a) of this title and the remedies provided in this

paragraph shall be the exclusive standards and remedies applicable

to such action.

(2) Any action brought under paragraph (1) shall be filed within

two years of the date the plaintiff has notice of the failure to

comply with the standards of section 4013(a) of this title but in

any event within four years after the cause of action accrues.

(3) In any action brought under paragraph (1), there shall be a

presumption that conduct which is specified in and complies with a

certificate of review does comply with the standards of section

4013(a) of this title.

(4) In any action brought under paragraph (1), if the court finds

that the conduct does comply with the standards of section 4013(a)

of this title, the court shall award to the person against whom the

claim is brought the cost of suit attributable to defending against

the claim (including a reasonable attorney's fee).

(5) The Attorney General may file suit pursuant to section 25 of

this title to enjoin conduct threatening clear and irreparable harm

to the national interest.

-SOURCE-

(Pub. L. 97-290, title III, Sec. 306, Oct. 8, 1982, 96 Stat. 1243.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 8, 1982, see section 312 of Pub. L.

97-290, set out as a note under section 4011 of this title.

-CITE-

15 USC Sec. 4017 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER II - EXPORT TRADE CERTIFICATES OF REVIEW

-HEAD-

Sec. 4017. Guidelines

-STATUTE-

(a) Issuance; content

To promote greater certainty regarding the application of the

antitrust laws to export trade, the Secretary, with the concurrence

of the Attorney General, may issue guidelines -

(1) describing specific types of conduct with respect to which

the Secretary, with the concurrence of the Attorney General, has

made or would make, determinations under sections 4013 and 4014

of this title, and

(2) summarizing the factual and legal bases in support of the

determinations.

(b) Administrative rulemaking requirements not applicable

Section 553 of title 5 shall not apply to the issuance of

guidelines under subsection (a) of this section.

-SOURCE-

(Pub. L. 97-290, title III, Sec. 307, Oct. 8, 1982, 96 Stat. 1244.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 8, 1982, see section 312 of Pub. L.

97-290, set out as a note under section 4011 of this title.

-CITE-

15 USC Sec. 4018 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER II - EXPORT TRADE CERTIFICATES OF REVIEW

-HEAD-

Sec. 4018. Annual reports

-STATUTE-

Every person to whom a certificate of review is issued shall

submit to the Secretary an annual report, in such form and at such

time as the Secretary may require, that updates where necessary the

information required by section 4012(a) of this title.

-SOURCE-

(Pub. L. 97-290, title III, Sec. 308, Oct. 8, 1982, 96 Stat. 1244.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 8, 1982, see section 312 of Pub. L.

97-290, set out as a note under section 4011 of this title.

-CITE-

15 USC Sec. 4019 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER II - EXPORT TRADE CERTIFICATES OF REVIEW

-HEAD-

Sec. 4019. Disclosure of information

-STATUTE-

(a) Exemption

Information submitted by any person in connection with the

issuance, amendment, or revocation of a certificate of review shall

be exempt from disclosure under section 552 of title 5.

(b) Protection of potentially harmful confidential information;

exceptions: Congress; judicial or administrative proceedings;

consent; necessity for determination; Federal law; regulations

(1) Except as provided in paragraph (2), no officer or employee

of the United States shall disclose commercial or financial

information submitted in connection with the issuance, amendment,

or revocation of a certificate of review if the information is

privileged or confidential and if disclosure of the information

would cause harm to the person who submitted the information.

(2) Paragraph (1) shall not apply with respect to information

disclosed -

(A) upon a request made by the Congress or any committee of the

Congress,

(B) in a judicial or administrative proceeding, subject to

appropriate protective orders,

(C) with the consent of the person who submitted the

information,

(D) in the course of making a determination with respect to the

issuance, amendment, or revocation of a certificate of review, if

the Secretary deems disclosure of the information to be necessary

in connection with making the determination,

(E) in accordance with any requirement imposed by a statute of

the United States, or

(F) in accordance with any rule or regulation promulgated under

section 4020 of this title permitting the disclosure of the

information to an agency of the United States or of a State on

the condition that the agency will disclose the information only

under the circumstances specified in subparagraphs (A) through

(E).

-SOURCE-

(Pub. L. 97-290, title III, Sec. 309, Oct. 8, 1982, 96 Stat. 1244.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 8, 1982, see section 312 of Pub. L.

97-290, set out as a note under section 4011 of this title.

-CITE-

15 USC Sec. 4020 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER II - EXPORT TRADE CERTIFICATES OF REVIEW

-HEAD-

Sec. 4020. Rules and regulations

-STATUTE-

The Secretary, with the concurrence of the Attorney General,

shall promulgate such rules and regulations as are necessary to

carry out the purposes of this chapter.

-SOURCE-

(Pub. L. 97-290, title III, Sec. 310, Oct. 8, 1982, 96 Stat. 1245.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in original ''this Act'',

meaning Pub. L. 97-290, Oct. 8, 1982, 96 Stat. 1233, which enacted

this chapter and section 6a of this title and section 635a-4 of

Title 12, Banks and Banking, amended section 45 of this title and

sections 372 and 1843 of Title 12, and enacted provisions set out

as notes under sections 1, 4001, and 4011 of this title and

sections 1841 and 1843 of Title 12. For complete classification of

this Act to the Code, see Tables.

-MISC2-

EFFECTIVE DATE

Section effective Oct. 8, 1982, see section 312 of Pub. L.

97-290, set out as a note under section 4011 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4012, 4019 of this title.

-CITE-

15 USC Sec. 4021 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER II - EXPORT TRADE CERTIFICATES OF REVIEW

-HEAD-

Sec. 4021. Definitions

-STATUTE-

As used in this subchapter -

(1) the term ''export trade'' means trade or commerce in goods,

wares, merchandise, or services exported, or in the course of

being exported, from the United States or any territory thereof

to any foreign nation,

(2) the term ''service'' means intangible economic output,

including, but not limited to -

(A) business, repair, and amusement services,

(B) management, legal, engineering, architectural, and other

professional services, and

(C) financial, insurance, transportation, informational and

any other data-based services, and communication services,

(3) the term ''export trade activities'' means activities or

agreements in the course of export trade,

(4) the term ''methods of operation'' means any method by which

a person conducts or proposes to conduct export trade,

(5) the term ''person'' means an individual who is a resident

of the United States; a partnership that is created under and

exists pursuant to the laws of any State or of the United States;

a State or local government entity; a corporation, whether

organized as a profit or nonprofit corporation, that is created

under and exists pursuant to the laws of any State or of the

United States; or any association or combination, by contract or

other arrangement, between or among such persons,

(6) the term ''antitrust laws'' means the antitrust laws, as

such term is defined in section 12 of this title, and section 45

of this title (to the extent that section 45 of this title

prohibits unfair methods of competition), and any State antitrust

or unfair competition law,

(7) the term ''Secretary'' means the Secretary of Commerce or

his designee, and

(8) the term ''Attorney General'' means the Attorney General of

the United States or his designee.

-SOURCE-

(Pub. L. 97-290, title III, Sec. 311, Oct. 8, 1982, 96 Stat. 1245.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 8, 1982, see section 312 of Pub. L.

97-290, set out as a note under section 4011 of this title.

-CITE-

15 USC SUBCHAPTER III - EXPORT PROMOTION PROGRAMS 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER III - EXPORT PROMOTION PROGRAMS

.

-HEAD-

SUBCHAPTER III - EXPORT PROMOTION PROGRAMS

-CITE-

15 USC Sec. 4051 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER III - EXPORT PROMOTION PROGRAMS

-HEAD-

Sec. 4051. Requirement of prior authorization

-STATUTE-

(a) General rule

Notwithstanding any other provision of law, money appropriated to

the Department of Commerce for expenses to carry out any export

promotion program may be obligated or expended only if -

(1) the appropriation thereof has been previously authorized by

law enacted on or after July 12, 1985; or

(2) the amount of all such obligations and expenditures does

not exceed an amount previously prescribed by law enacted on or

after such date.

(b) Exception for later legislation authorizing obligations or

expenditures

To the extent that legislation enacted after the making of an

appropriation to carry out any export promotion program authorizes

the obligation or expenditure thereof, the limitation contained in

subsection (a) of this section shall have no effect.

(c) Provisions must be specifically superseded

The provisions of this section shall not be superseded except by

a provision of law enacted after July 12, 1985, which specifically

repeals, modifies, or supersedes the provisions of this section.

(d) ''Export promotion program'' defined

For purposes of this subchapter, the term ''export promotion

program'' means any activity of the Department of Commerce designed

to stimulate or assist United States businesses in marketing their

goods and services abroad competitively with businesses from other

countries, including, but not limited to -

(1) trade development (except for the trade adjustment

assistance program) and dissemination of foreign marketing

opportunities and other marketing information to United States

producers of goods and services, including the expansion of

foreign markets for United States textiles and apparel and any

other United States products;

(2) the development of regional and multilateral economic

policies which enhance United States trade and investment

interests, and the provision of marketing services with respect

to foreign countries and regions;

(3) the exhibition of United States goods in other countries;

(4) the operations of the United States and Foreign Commercial

Service, or any successor agency; and

(5) the Market Development Cooperator Program established under

section 4723 of this title, and assistance for trade shows

provided under section 4724 of this title.

(e) Printing outside United States

(1) Notwithstanding the provisions of section 501 of title 44,

and consistent with other applicable law, the Secretary of

Commerce, in carrying out any export promotion program, may

authorize -

(A) the printing, distribution, and sale of documents outside

the contiguous United States, if the Secretary finds that the

implementation of such export promotion program would be more

efficient, and if such documents will be distributed primarily

and sold exclusively outside the United States; and

(B) the acceptance of private notices and advertisements in

connection with the printing and distribution of such documents.

(2) Any fees received by the Secretary pursuant to paragraph (1)

shall be deposited in a separate account or accounts which may be

used to defray directly the costs incurred in conducting activities

authorized by paragraph (1) or to repay or make advances to

appropriations or other funds available for such activities.

-SOURCE-

(Pub. L. 99-64, title II, Sec. 201, July 12, 1985, 99 Stat. 157;

Pub. L. 100-418, title II, Sec. 2305(a), 2308(a), Aug. 23, 1988,

102 Stat. 1344, 1346.)

-COD-

CODIFICATION

Section was enacted as part of the Export Administration

Amendments Act of 1985, and not as part of Pub. L. 97-290 which

enacted this chapter.

-MISC3-

AMENDMENTS

1988 - Subsec. (d)(5). Pub. L. 100-418, Sec. 2305(a), added par.

(5).

Subsec. (e). Pub. L. 100-418, Sec. 2308(a), added subsec. (e).

-CITE-

15 USC Sec. 4052 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER III - EXPORT PROMOTION PROGRAMS

-HEAD-

Sec. 4052. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Department of

Commerce to carry out export promotion programs such sums as are

necessary for fiscal years 1995 and 1996.

-SOURCE-

(Pub. L. 99-64, title II, Sec. 202, July 12, 1985, 99 Stat. 158;

Pub. L. 99-633, Sec. 2, Nov. 7, 1986, 100 Stat. 3522; Pub. L.

100-418, title II, Sec. 2305(b)(1), Aug. 23, 1988, 102 Stat. 1344;

Pub. L. 102-429, title II, Sec. 208, Oct. 21, 1992, 106 Stat. 2205;

Pub. L. 103-392, title III, Sec. 301, Oct. 22, 1994, 108 Stat.

4099.)

-COD-

CODIFICATION

Section was enacted as part of the Export Administration

Amendments Act of 1985, and not as part of Pub. L. 97-290 which

enacted this chapter.

-MISC3-

AMENDMENTS

1994 - Pub. L. 103-392 amended section generally. Prior to

amendment, section read as follows: ''There are authorized to be

appropriated to the Department of Commerce -

''(1) to carry out export promotion programs -

''(A) $190,000,000 for fiscal year 1993; and

''(B) $200,000,000 for fiscal year 1994; and

''(2) to carry out section 4723 of this title, $5,500,000 for

each of fiscal years 1993 and 1994.''

1992 - Pub. L. 102-429 amended section generally. Prior to

amendment, section read as follows: ''There are authorized to be

appropriated to the Department of Commerce to carry out export

promotion programs $123,922,000 for the fiscal year 1988, and

$146,400,000 for each of the fiscal years 1989 and 1990.''

1988 - Pub. L. 100-418 amended section generally. Prior to

amendment, section read as follows: ''There is authorized to be

appropriated $123,922,000 for each of the fiscal years 1987 and

1988 to the Department of Commerce to carry out export promotion

programs.''

1986 - Pub. L. 99-633 substituted provisions authorizing

appropriations of $123,922,000 for each of the fiscal years 1987

and 1988 for provisions authorizing appropriations of $113,273,000

for each of the fiscal years 1985 and 1986.

-CITE-

15 USC Sec. 4053 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 66 - PROMOTION OF EXPORT TRADE

SUBCHAPTER III - EXPORT PROMOTION PROGRAMS

-HEAD-

Sec. 4053. Barter arrangements

-STATUTE-

(a) Report on status of Federal barter programs

The Secretary of Agriculture and the Secretary of Energy shall,

not later than 90 days after July 12, 1985, submit to the Congress

a report on the status of Federal programs relating to the barter

or exchange of commodities owned by the Commodity Credit

Corporation for materials and products produced in foreign

countries. Such report shall include details of any changes

necessary in existing law to allow the Department of Agriculture

and, in the case of petroleum resources, the Department of Energy,

to implement fully any barter program.

(b) Authorities of President

The President is authorized -

(1) to barter stocks of agricultural commodities acquired by

the Government for petroleum and petroleum products, and for

other materials vital to the national interest, which are

produced abroad, in situations in which sales would otherwise not

occur; and

(2) to purchase petroleum and petroleum products, and other

materials vital to the national interest, which are produced

abroad and acquired by persons in the United States through

barter for agricultural commodities produced in and exported from

the United States through normal commercial trade channels.

(c) Other provisions of law not affected

In the case of any petroleum, petroleum products, or other

materials vital to the national interest, which are acquired under

subsection (b) of this section, nothing in this section shall be

construed to render inapplicable the provisions of any law then in

effect which apply to the storage, distribution, or use of such

petroleum, petroleum products, or other materials vital to the

national interest.

(d) Conventional markets not to be displaced by barters

The President shall take steps to ensure that, in making any

barter described in subsection (a) or (b)(1) of this section or any

purchase authorized by subsection (b)(2) of this section, existing

export markets for agricultural commodities operating on

conventional business terms are safeguarded from displacement by

the barter described in subsection (a), (b)(1), or (b)(2) of this

section, as the case may be. In addition, the President shall

ensure that any such barter is consistent with the international

obligations of the United States, including the General Agreement

on Tariffs and Trade.

(e) Report to Congress

The Secretary of Energy shall report to the Congress on the

effect on energy security and on domestic energy supplies of any

action taken under this section which results in the acquisition by

the Government of petroleum or petroleum products. Such report

shall be submitted to the Congress not later than 90 days after

such acquisition.

-SOURCE-

(Pub. L. 99-64, title II, Sec. 203, July 12, 1985, 99 Stat. 158.)

-COD-

CODIFICATION

Section was enacted as part of the Export Administration

Amendments Act of 1985, and not as part of Pub. L. 97-290 which

enacted this chapter.

-CITE-