US (United States) Code. Title 15. Chapter 88: International Antitrust Enforcement Assistance

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

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15 USC CHAPTER 88 - INTERNATIONAL ANTITRUST ENFORCEMENT

ASSISTANCE 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 88 - INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE

.

-HEAD-

CHAPTER 88 - INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE

-MISC1-

Sec.

6201. Disclosure to foreign antitrust authority of antitrust

evidence.

6202. Investigations to assist foreign antitrust authority in

obtaining antitrust evidence.

(a) Request for investigative assistance.

(b) Authority to investigate.

(c) Special scope of authority.

(d) Rights and privileges preserved.

6203. Jurisdiction of district courts of United States.

(a) Authority of district courts.

(b) Contents of order.

(c) Rights and privileges preserved.

(d) Voluntary conduct.

6204. Limitations on authority.

6205. Exception to certain disclosure restrictions.

6206. Publication requirements applicable to antitrust mutual

assistance agreements.

(a) Publication of proposed antitrust mutual

assistance agreements.

(b) Publication of proposed amendments to antitrust

mutual assistance agreements in effect.

(c) Publication of antitrust mutual assistance

agreements, amendments, and terminations.

(d) Condition for validity.

6207. Conditions on use of antitrust mutual assistance agreements.

(a) Determinations.

(b) Limitation on disclosure of certain antitrust

evidence.

(c) Required disclosure of notice received.

6208. Limitations on judicial review.

(a) Determinations.

(b) Citations to and descriptions of confidentiality

laws.

(c) Rules of construction.

6209. Preservation of existing authority.

(a) In general.

(b) Attorney General and Commission.

6210. Report to Congress.

6211. Definitions.

6212. Authority to receive reimbursement.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 46, 57b-1, 1311, 1312 of

this title.

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15 USC Sec. 6201 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 88 - INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 6201. Disclosure to foreign antitrust authority of antitrust

evidence

-STATUTE-

In accordance with an antitrust mutual assistance agreement in

effect under this chapter, subject to section 6207 of this title,

and except as provided in section 6204 of this title, the Attorney

General of the United States and the Federal Trade Commission may

provide to a foreign antitrust authority with respect to which such

agreement is in effect under this chapter, antitrust evidence to

assist the foreign antitrust authority -

(1) in determining whether a person has violated or is about to

violate any of the foreign antitrust laws administered or

enforced by the foreign antitrust authority, or

(2) in enforcing any of such foreign antitrust laws.

-SOURCE-

(Pub. L. 103-438, Sec. 2, Nov. 2, 1994, 108 Stat. 4597.)

-REFTEXT-

REFERENCES IN TEXT

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

meaning Pub. L. 103-438, Nov. 2, 1994, 108 Stat. 4597, which is

classified principally to this chapter. For complete

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

and Tables.

-MISC2-

SHORT TITLE

Section 1 of Pub. L. 103-438 provided that: ''This Act (enacting

this chapter and amending sections 46, 57b-1, 1311, and 1312 of

this title) may be cited as the 'International Antitrust

Enforcement Assistance Act of 1994'.''

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6204, 6211 of this title.

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15 USC Sec. 6202 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 88 - INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 6202. Investigations to assist foreign antitrust authority in

obtaining antitrust evidence

-STATUTE-

(a) Request for investigative assistance

A request by a foreign antitrust authority for investigative

assistance under this section shall be made to the Attorney

General, who may deny the request in whole or in part. No further

action shall be taken under this section with respect to any part

of a request that has been denied by the Attorney General.

(b) Authority to investigate

In accordance with an antitrust mutual assistance agreement in

effect under this chapter, subject to section 6207 of this title,

and except as provided in section 6204 of this title, the Attorney

General and the Commission may, using their respective authority to

investigate possible violations of the Federal antitrust laws,

conduct investigations to obtain antitrust evidence relating to a

possible violation of the foreign antitrust laws administered or

enforced by the foreign antitrust authority with respect to which

such agreement is in effect under this chapter, and may provide

such antitrust evidence to the foreign antitrust authority, to

assist the foreign antitrust authority -

(1) in determining whether a person has violated or is about to

violate any of such foreign antitrust laws, or

(2) in enforcing any of such foreign antitrust laws.

(c) Special scope of authority

An investigation may be conducted under subsection (b) of this

section, and antitrust evidence obtained through such investigation

may be provided, without regard to whether the conduct investigated

violates any of the Federal antitrust laws.

(d) Rights and privileges preserved

A person may not be compelled in connection with an investigation

under this section to give testimony or a statement, or to produce

a document or other thing, in violation of any legally applicable

right or privilege.

-SOURCE-

(Pub. L. 103-438, Sec. 3, Nov. 2, 1994, 108 Stat. 4597.)

-COD-

CODIFICATION

Section is comprised of section 3 of Pub. L. 103-438. Subsec. (e)

of section 3 of Pub. L. 103-438 amended sections 46, 57b-1, 1311,

and 1312 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57b-1, 1312, 6204, 6207,

6210, 6211, 6212 of this title.

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15 USC Sec. 6203 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 88 - INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 6203. Jurisdiction of district courts of United States

-STATUTE-

(a) Authority of district courts

On the application of the Attorney General made in accordance

with an antitrust mutual assistance agreement in effect under this

chapter, the United States district court for the district in which

a person resides, is found, or transacts business may order such

person to give testimony or a statement, or to produce a document

or other thing, to the Attorney General to assist a foreign

antitrust authority with respect to which such agreement is in

effect under this chapter -

(1) in determining whether a person has violated or is about to

violate any of the foreign antitrust laws administered or

enforced by the foreign antitrust authority, or

(2) in enforcing any of such foreign antitrust laws.

(b) Contents of order

(1) Use of appointee to receive evidence

(A) An order issued under subsection (a) of this section may

direct that testimony or a statement be given, or a document or

other thing be produced, to a person who shall be recommended by

the Attorney General and appointed by the court.

(B) A person appointed under subparagraph (A) shall have power

to administer any necessary oath and to take such testimony or

such statement.

(2) Practice and procedure

(A) An order issued under subsection (a) of this section may

prescribe the practice and procedure for taking testimony and

statements and for producing documents and other things.

(B) Such practice and procedure may be in whole or in part the

practice and procedure of the foreign state, or the regional

economic integration organization, represented by the foreign

antitrust authority with respect to which the Attorney General

requests such order.

(C) To the extent such order does not prescribe otherwise, any

testimony and statements required to be taken shall be taken, and

any documents and other things required to be produced shall be

produced, in accordance with the Federal Rules of Civil

Procedure.

(c) Rights and privileges preserved

A person may not be compelled under an order issued under

subsection (a) of this section to give testimony or a statement, or

to produce a document or other thing, in violation of any legally

applicable right or privilege.

(d) Voluntary conduct

This section does not preclude a person in the United States from

voluntarily giving testimony or a statement, or producing a

document or other thing, in any manner acceptable to such person

for use in an investigation by a foreign antitrust authority.

-SOURCE-

(Pub. L. 103-438, Sec. 4, Nov. 2, 1994, 108 Stat. 4599.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec.

(b)(2)(C), are classified to Title 28, Appendix, Judiciary and

Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6204, 6207, 6210, 6211,

6212 of this title.

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15 USC Sec. 6204 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 88 - INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 6204. Limitations on authority

-STATUTE-

Sections 6201, 6202, and 6203 of this title shall not apply with

respect to the following antitrust evidence:

(1) Antitrust evidence that is received by the Attorney General

or the Commission under section 18a of this title. Nothing in

this paragraph shall affect the ability of the Attorney General

or the Commission to disclose to a foreign antitrust authority

antitrust evidence that is obtained otherwise than under section

18a of this title.

(2) Antitrust evidence that is matter occurring before a grand

jury and with respect to which disclosure is prevented by Federal

law, except that for the purpose of applying Rule 6(e)(3)(C)(iv)

of the Federal Rules of Criminal Procedure with respect to this

section -

(A) a foreign antitrust authority with respect to which a

particularized need for such antitrust evidence is shown shall

be considered to be an appropriate official of any of the

several States, and

(B) a foreign antitrust law administered or enforced by the

foreign antitrust authority shall be considered to be a State

criminal law.

(3) Antitrust evidence that is specifically authorized under

criteria established by Executive Order 12356, or any successor

to such order, to be kept secret in the interest of national

defense or foreign policy, and -

(A) that is classified pursuant to such order or such

successor, or

(B) with respect to which a determination of classification

is pending under such order or such successor.

(4) Antitrust evidence that is classified under section 2162 of

title 42.

-SOURCE-

(Pub. L. 103-438, Sec. 5, Nov. 2, 1994, 108 Stat. 4599.)

-REFTEXT-

REFERENCES IN TEXT

Rule 6(e)(3)(C)(iv) of the Federal Rules of Criminal Procedure,

referred to in par. (2), is set out in the Appendix to Title 18,

Crimes and Criminal Procedure.

Executive Order 12356, referred to in par. (3), is Ex. Ord. No.

12356, Apr. 2, 1982, 47 F.R. 14874, 15557, which was set out as a

note under section 435 of Title 50, War and National Defense, prior

to revocation by Ex. Ord. No. 12958, Sec. 6.1(d), Apr. 17, 1995, 60

F.R. 19843, set out as a note under section 435 of Title 50.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6201, 6202, 6207, 6208 of

this title.

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15 USC Sec. 6205 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 88 - INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 6205. Exception to certain disclosure restrictions

-STATUTE-

Section 1313 of this title, and sections 46(f) and 57b-2 of this

title, shall not apply to prevent the Attorney General or the

Commission from providing to a foreign antitrust authority

antitrust evidence in accordance with an antitrust mutual

assistance agreement in effect under this chapter and in accordance

with the other requirements of this chapter.

-SOURCE-

(Pub. L. 103-438, Sec. 6, Nov. 2, 1994, 108 Stat. 4600.)

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15 USC Sec. 6206 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 88 - INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 6206. Publication requirements applicable to antitrust mutual

assistance agreements

-STATUTE-

(a) Publication of proposed antitrust mutual assistance agreements

Not less than 45 days before an antitrust mutual assistance

agreement is entered into, the Attorney General, with the

concurrence of the Commission, shall publish in the Federal

Register -

(1) the proposed text of such agreement and any modification to

such proposed text, and

(2) a request for public comment with respect to such text or

such modification, as the case may be.

(b) Publication of proposed amendments to antitrust mutual

assistance agreements in effect

Not less than 45 days before an agreement is entered into that

makes an amendment to an antitrust mutual assistance agreement, the

Attorney General, with the concurrence of the Commission, shall

publish in the Federal Register -

(1) the proposed text of such amendment, and

(2) a request for public comment with respect to such

amendment.

(c) Publication of antitrust mutual assistance agreements,

amendments, and terminations

Not later than 45 days after an antitrust mutual assistance

agreement is entered into or terminated, or an agreement that makes

an amendment to an antitrust mutual assistance agreement is entered

into, the Attorney General, with the concurrence of the Commission,

shall publish in the Federal Register -

(1) the text of the antitrust mutual assistance agreement or

amendment, or the terms of the termination, as the case may be,

and

(2) in the case of an agreement that makes an amendment to an

antitrust mutual assistance agreement, a notice containing -

(A) citations to the locations in the Federal Register at

which the text of the antitrust mutual assistance agreement

that is so amended, and of any previous amendments to such

agreement, are published, and

(B) a description of the manner in which a copy of the

antitrust mutual assistance agreement, as so amended, may be

obtained from the Attorney General and the Commission.

(d) Condition for validity

An antitrust mutual assistance agreement, or an agreement that

makes an amendment to an antitrust mutual assistance agreement,

with respect to which publication does not occur in accordance with

subsections (a), (b), and (c) of this section shall not be

considered to be in effect under this chapter.

-SOURCE-

(Pub. L. 103-438, Sec. 7, Nov. 2, 1994, 108 Stat. 4600.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6208 of this title.

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15 USC Sec. 6207 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 88 - INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 6207. Conditions on use of antitrust mutual assistance

agreements

-STATUTE-

(a) Determinations

Neither the Attorney General nor the Commission may conduct an

investigation under section 6202 of this title, apply for an order

under section 6203 of this title, or provide antitrust evidence to

a foreign antitrust authority under an antitrust mutual assistance

agreement, unless the Attorney General or the Commission, as the

case may be, determines in the particular instance in which the

investigation, application, or antitrust evidence is requested that

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(1) the foreign antitrust authority -

(A) will satisfy the assurances, terms, and conditions

described in subparagraphs (A), (B), and (E) of section 6211(2)

of this title, and

(B) is capable of complying with and will comply with the

confidentiality requirements applicable under such agreement to

the requested antitrust evidence,

(2) providing the requested antitrust evidence will not violate

section 6204 of this title, and

(3) conducting such investigation, applying for such order, or

providing the requested antitrust evidence, as the case may be,

is consistent with the public interest of the United States,

taking into consideration, among other factors, whether the

foreign state or regional economic integration organization

represented by the foreign antitrust authority holds any

proprietary interest that could benefit or otherwise be affected

by such investigation, by the granting of such order, or by the

provision of such antitrust evidence.

(b) Limitation on disclosure of certain antitrust evidence

Neither the Attorney General nor the Commission may disclose in

violation of an antitrust mutual assistance agreement any antitrust

evidence received under such agreement, except that such agreement

may not prevent the disclosure of such antitrust evidence to a

defendant in an action or proceeding brought by the Attorney

General or the Commission for a violation of any of the Federal

laws if such disclosure would otherwise be required by Federal law.

(c) Required disclosure of notice received

If the Attorney General or the Commission receives a notice

described in section 6211(2)(H) of this title, the Attorney General

or the Commission, as the case may be, shall transmit such notice

to the person that provided the evidence with respect to which such

notice is received.

-SOURCE-

(Pub. L. 103-438, Sec. 8, Nov. 2, 1994, 108 Stat. 4601.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6201, 6202, 6208, 6211 of

this title.

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15 USC Sec. 6208 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 88 - INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 6208. Limitations on judicial review

-STATUTE-

(a) Determinations

Determinations made under paragraphs (1) and (3) of section

6207(a) of this title shall not be subject to judicial review.

(b) Citations to and descriptions of confidentiality laws

Whether an antitrust mutual assistance agreement satisfies

section 6211(2)(C) of this title shall not be subject to judicial

review.

(c) Rules of construction

(1) Administrative Procedure Act

The requirements in section 6206 of this title with respect to

publication and request for public comment shall not be construed

to create any availability of judicial review under chapter 7 of

title 5.

(2) Laws referenced in section 6204 of this title

Nothing in this section shall be construed to affect the

availability of judicial review under laws referred to in section

6204 of this title.

-SOURCE-

(Pub. L. 103-438, Sec. 9, Nov. 2, 1994, 108 Stat. 4602.)

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15 USC Sec. 6209 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 88 - INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 6209. Preservation of existing authority

-STATUTE-

(a) In general

The authority provided by this chapter is in addition to, and not

in lieu of, any other authority vested in the Attorney General, the

Commission, or any other officer of the United States.

(b) Attorney General and Commission

This chapter shall not be construed to modify or affect the

allocation of responsibility between the Attorney General and the

Commission for the enforcement of the Federal antitrust laws.

-SOURCE-

(Pub. L. 103-438, Sec. 10, Nov. 2, 1994, 108 Stat. 4602.)

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15 USC Sec. 6210 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 88 - INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 6210. Report to Congress

-STATUTE-

In the 30-day period beginning 3 years after November 2, 1994,

and with the concurrence of the Commission, the Attorney General

shall submit, to the Speaker of the House of Representatives and

the President pro tempore of the Senate, a report -

(1) describing how the operation of this chapter has affected

the enforcement of the Federal antitrust laws,

(2) describing the extent to which foreign antitrust

authorities have complied with the confidentiality requirements

applicable under antitrust mutual assistance agreements in effect

under this chapter,

(3) specifying separately the identities of the foreign states,

regional economic integration organizations, and foreign

antitrust authorities that have entered into such agreements and

the identities of the foreign antitrust authorities with respect

to which such foreign states and such organizations have entered

into such agreements,

(4) specifying the identity of each foreign state, and each

regional economic integration organization, that has in effect a

law similar to this chapter,

(5) giving the approximate number of requests made by the

Attorney General and the Commission under such agreements to

foreign antitrust authorities for antitrust investigations and

for antitrust evidence,

(6) giving the approximate number of requests made by foreign

antitrust authorities under such agreements to the Attorney

General and the Commission for investigations under section 6202

of this title, for orders under section 6203 of this title, and

for antitrust evidence, and

(7) describing any significant problems or concerns of which

the Attorney General is aware with respect to the operation of

this chapter.

-SOURCE-

(Pub. L. 103-438, Sec. 11, Nov. 2, 1994, 108 Stat. 4602.)

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15 USC Sec. 6211 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 88 - INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 6211. Definitions

-STATUTE-

For purposes of this chapter:

(1) The term ''antitrust evidence'' means information,

testimony, statements, documents, or other things that are

obtained in anticipation of, or during the course of, an

investigation or proceeding under any of the Federal antitrust

laws or any of the foreign antitrust laws.

(2) The term ''antitrust mutual assistance agreement'' means a

written agreement, or written memorandum of understanding, that

is entered into by the United States and a foreign state or

regional economic integration organization (with respect to the

foreign antitrust authorities of such foreign state or such

organization, and such other governmental entities of such

foreign state or such organization as the Attorney General and

the Commission jointly determine may be necessary in order to

provide the assistance described in subparagraph (A)), or jointly

by the Attorney General and the Commission and a foreign

antitrust authority, for the purpose of conducting investigations

under section 6202 of this title, applying for orders under

section 6203 of this title, or providing antitrust evidence, on a

reciprocal basis and that includes the following:

(A) An assurance that the foreign antitrust authority will

provide to the Attorney General and the Commission assistance

that is comparable in scope to the assistance the Attorney

General and the Commission provide under such agreement or such

memorandum.

(B) An assurance that the foreign antitrust authority is

subject to laws and procedures that are adequate to maintain

securely the confidentiality of antitrust evidence that may be

received under section 6201, 6202, or 6203 of this title and

will give protection to antitrust evidence received under such

section that is not less than the protection provided under the

laws of the United States to such antitrust evidence.

(C) Citations to and brief descriptions of the laws of the

United States, and the laws of the foreign state or regional

economic integration organization represented by the foreign

antitrust authority, that protect the confidentiality of

antitrust evidence that may be provided under such agreement or

such memorandum. Such citations and such descriptions shall

include the enforcement mechanisms and penalties applicable

under such laws and, with respect to a regional economic

integration organization, the applicability of such laws,

enforcement mechanisms, and penalties to the foreign states

composing such organization.

(D) Citations to the Federal antitrust laws, and the foreign

antitrust laws, with respect to which such agreement or such

memorandum applies.

(E) Terms and conditions that specifically require using,

disclosing, or permitting the use or disclosure of, antitrust

evidence received under such agreement or such memorandum only

-

(i) for the purpose of administering or enforcing the

foreign antitrust laws involved, or

(ii) with respect to a specified disclosure or use

requested by a foreign antitrust authority and essential to a

significant law enforcement objective, in accordance with the

prior written consent that the Attorney General or the

Commission, as the case may be, gives after -

(I) determining that such antitrust evidence is not

otherwise readily available with respect to such objective,

(II) making the determinations described in paragraphs

(2) and (3) of section 6207(a) of this title, with respect

to such disclosure or use, and

(III) making the determinations applicable to a foreign

antitrust authority under section 6207(a)(1) of this title

(other than the determination regarding the assurance

described in subparagraph (A) of this paragraph), with

respect to each additional governmental entity, if any, to

be provided such antitrust evidence in the course of such

disclosure or use, after having received adequate written

assurances applicable to each such governmental entity.

(F) An assurance that antitrust evidence received under

section 6201, 6202, or 6203 of this title from the Attorney

General or the Commission, and all copies of such evidence, in

the possession or control of the foreign antitrust authority

will be returned to the Attorney General or the Commission,

respectively, at the conclusion of the foreign investigation or

proceeding with respect to which such evidence was so received.

(G) Terms and conditions that specifically provide that such

agreement or such memorandum will be terminated if -

(i) the confidentiality required under such agreement or

such memorandum is violated with respect to antitrust

evidence, and

(ii) adequate action is not taken both to minimize any harm

resulting from the violation and to ensure that the

confidentiality required under such agreement or such

memorandum is not violated again.

(H) Terms and conditions that specifically provide that if

the confidentiality required under such agreement or such

memorandum is violated with respect to antitrust evidence,

notice of the violation will be given -

(i) by the foreign antitrust authority promptly to the

Attorney General or the Commission with respect to antitrust

evidence provided by the Attorney General or the Commission,

respectively, and

(ii) by the Attorney General or the Commission to the

person (if any) that provided such evidence to the Attorney

General or the Commission.

(3) The term ''Attorney General'' means the Attorney General of

the United States.

(4) The term ''Commission'' means the Federal Trade Commission.

(5) The term ''Federal antitrust laws'' has the meaning given

the term ''antitrust laws'' in subsection (a) of section 12 of

this title but also includes section 45 of this title to the

extent that such section 45 applies to unfair methods of

competition.

(6) The term ''foreign antitrust authority'' means a

governmental entity of a foreign state or of a regional economic

integration organization that is vested by such state or such

organization with authority to enforce the foreign antitrust laws

of such state or such organization.

(7) The term ''foreign antitrust laws'' means the laws of a

foreign state, or of a regional economic integration

organization, that are substantially similar to any of the

Federal antitrust laws and that prohibit conduct similar to

conduct prohibited under the Federal antitrust laws.

(8) The term ''person'' has the meaning given such term in

subsection (a) of section 12 of this title.

(9) The term ''regional economic integration organization''

means an organization that is constituted by, and composed of,

foreign states, and on which such foreign states have conferred

sovereign authority to make decisions that are binding on such

foreign states, and that are directly applicable to and binding

on persons within such foreign states, including the decisions

with respect to -

(A) administering or enforcing the foreign antitrust laws of

such organization, and

(B) prohibiting and regulating disclosure of information that

is obtained by such organization in the course of administering

or enforcing such laws.

-SOURCE-

(Pub. L. 103-438, Sec. 12, Nov. 2, 1994, 108 Stat. 4603.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 46, 57b-1, 1311, 6207,

6208 of this title.

-CITE-

15 USC Sec. 6212 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 88 - INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 6212. Authority to receive reimbursement

-STATUTE-

The Attorney General and the Commission are authorized to receive

from a foreign antitrust authority, or from the foreign state or

regional economic integration organization represented by such

foreign antitrust authority, reimbursement for the costs incurred

by the Attorney General or the Commission, respectively, in

conducting an investigation under section 6202 of this title

requested by such foreign antitrust authority, applying for an

order under section 6203 of this title to assist such foreign

antitrust authority, or providing antitrust evidence to such

foreign antitrust authority under an antitrust mutual assistance

agreement in effect under this chapter with respect to such foreign

antitrust authority.

-SOURCE-

(Pub. L. 103-438, Sec. 13, Nov. 2, 1994, 108 Stat. 4605.)

-CITE-