US (United States) Code. Title 22. Chapter 46: International Investment and Trade in Services Survey

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse

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-CITE-

22 USC CHAPTER 46 - INTERNATIONAL INVESTMENT AND TRADE IN

SERVICES SURVEY 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 46 - INTERNATIONAL INVESTMENT AND TRADE IN SERVICES SURVEY

-HEAD-

CHAPTER 46 - INTERNATIONAL INVESTMENT AND TRADE IN SERVICES SURVEY

-MISC1-

Sec.

3101. Congressional statement of findings and declaration of

purpose.

(a) Findings.

(b) Purpose.

(c) Nonrestraint and nondeterrence of investment.

3102. Definitions.

3103. Presidential authority and duties.

(a) Data collection program; studies and surveys;

periodic report to Congressional committees;

statistical information publication.

(b) Benchmark survey of United States direct

investment abroad and foreign direct

investment in United States.

(c) Benchmark survey of foreign portfolio

investment in United States and United States

portfolio investment abroad; report to

Congress.

(d) Foreign agricultural and real property

investment and land data system: study;

submittal of findings and conclusions to

Congress.

(e) Report on cost of monitoring and compiling data

on legislation enacted by foreign nations

regulating and restricting foreign inward

investment.

(f) Reporting, recordkeeping, and documentation.

(g) Costs for collecting information.

(h) Bureau of Economic Analysis report.

3104. Rules and regulations.

(a) Authorization.

(b) Recordkeeping and reports.

(c) Access to information; limitation.

(d) Access to Bureau of Economic Analysis

information.

(e) Penalty.

3105. Enforcement.

(a) Civil penalty for failure to furnish

information.

(b) Civil action for failure to furnish

information.

(c) Criminal penalty for failure to submit

information.

3106. Use of experts and administrative support services.

(a) Compensation and travel expenses.

(b) Use of available Federal agency services,

equipment, personnel, and facilities.

3107. Consultations; creation of independent public advisory

committees.

3108. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3142, 3144 of this title;

title 13 section 401.

-End-

-CITE-

22 USC Sec. 3101 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 46 - INTERNATIONAL INVESTMENT AND TRADE IN SERVICES SURVEY

-HEAD-

Sec. 3101. Congressional statement of findings and declaration of

purpose

-STATUTE-

(a) Findings

The Congress finds and declares that -

(1) the United States Government is presently authorized to

collect limited amounts of information on United States

investment abroad and foreign investment in the United States;

(2) international investment has increased rapidly within

recent years;

(3) such investment significantly affects the economies of the

United States and other nations;

(4) international efforts to obtain information on the

activities of multinational enterprises and other international

investors have accelerated recently;

(5) the potential consequences of international investment

cannot be evaluated accurately because the United States

Government lacks sufficient information on such investment and

its actual or possible effects on the national security,

commerce, employment, inflation, general welfare, and foreign

policy of the United States;

(6) accurate and comprehensive information on international

investment is needed by the Congress to develop an informed

United States policy on such investment;

(7) United States service industries engaged in interstate and

foreign commerce account for a substantial part of the labor

force and gross national product of the United States economy,

and such commerce is rapidly increasing;

(8) international trade and services is an important issue for

international negotiations and deserves priority in the attention

of governments, international agencies, negotiators, and the

private sector; and

(9) existing estimates of international investment and trade in

services, collected under existing legal authority, are limited

in scope and are based on outdated statistical bases, reports,

and information which are insufficient for policy formulation and

decisionmaking.

(b) Purpose

It is therefore the purpose of this chapter to provide clear and

unambiguous authority for the President to collect information on

international investment and United States foreign trade in

services, whether directly or by affiliates, including related

information necessary for assessing the impact of such investment

and trade, to authorize the collection and use of information on

direct investments owned or controlled directly or indirectly by

foreign governments or persons, and to provide analyses of such

information to the Congress, the executive agencies, and the

general public. It is the intent of the Congress that information

which is collected from the public under this chapter be obtained

with a minimum burden on business and other respondents and with no

unnecessary duplication of effort, consistent with the national

interest in obtaining comprehensive and reliable information on

international investment and trade in services.

(c) Nonrestraint and nondeterrence of investment

Nothing in this chapter is intended to restrain or deter foreign

investment in the United States, United States investment abroad,

or trade in services.

-SOURCE-

(Pub. L. 94-472, Sec. 2, Oct. 11, 1976, 90 Stat. 2059; Pub. L.

98-573, title III, Sec. 306(b)(2), Oct. 30, 1984, 98 Stat. 3009;

Pub. L. 101-533, Sec. 6(A)[(a)], Nov. 7, 1990, 104 Stat. 2348.)

-MISC1-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-533 inserted "to authorize the

collection and use of information on direct investments owned or

controlled directly or indirectly by foreign governments or

persons," after "the impact of such investment and trade," in first

sentence.

1984 - Subsec. (a)(7) to (9). Pub. L. 98-573, Sec. 306(b)(2)(A),

added pars. (7) and (8), redesignated former par. (7) as (9), and

inserted "and trade in services" after "international investment"

in par. (9).

Subsec. (b). Pub. L. 98-573, Sec. 306(b)(2)(B), substituted

"international investment and United States foreign trade in

services, whether directly or by affiliates, including related

information necessary for assessing the impact of such investment

and trade," for "international investment", and "international

investment and trade in services" for "international investment".

Subsec. (c). Pub. L. 98-573, Sec. 306(b)(2)(C), inserted

reference to trade in services.

SHORT TITLE

Section 1 of Pub. L. 94-472, as amended by Pub. L. 98-573, title

III, Sec. 306(b)(1), Oct. 30, 1984, 98 Stat. 3009, provided that:

"This Act [enacting this chapter] may be cited as the

'International Investment and Trade in Services Survey Act'."

-EXEC-

EX. ORD. NO. 11961. INTERNATIONAL INVESTMENT AND TRADE IN SERVICES

Ex. Ord. No. 11961, Jan. 19, 1977, 42 F.R. 4321, as amended by

Ex. Ord. No. 12013, Oct. 7, 1977, 42 F.R. 54931; Ex. Ord. No.

12318, Aug. 21, 1981, 46 F.R. 42833; Ex. Ord. No. 12518, June 3,

1985, 50 F.R. 23661, provided:

By virtue of the authority vested in me by the International

Investment and Trade in Services Survey Act (90 Stat. 2059, 22

U.S.C. 3101) [this chapter], and section 301 of title 3 of the

United States Code, and as President of the United States of

America, it is hereby ordered as follows:

Section 1. All the functions vested in the President by the

International Investment and Trade in Services Survey Act (90 Stat.

2059, 22 U.S.C. 3101) [this chapter], hereinafter referred to as

the Act, are hereby delegated to the Director of the Office of

Management and Budget, hereinafter referred to as the Director. The

Director may, from time to time, designate other officers or

agencies of the Federal Government to perform any or all of the

functions hereby delegated to the Director, subject to such

instructions, limitations, and directions as the Director deems

appropriate.

Sec. 2. Subject to the provisions of section 1 of this order, and

in the absence of any contrary delegation or direction by the

Director, the Secretary of the Treasury, with respect to portfolio

investment, shall perform the functions set forth in sections

4(a)(1), (2), (5) and 4(c) of the Act [22 U.S.C. 3103(a)(1), (2),

(5) and (c)].

Sec. 3. Subject to the provisions of section 1 of this order, and

in the absence of any contrary delegation or direction by the

Director, the Secretary of Commerce, with respect to direct

investment and trade in services, shall perform the functions set

forth in sections 4(a)(1), (2), (4), (5) and 4(b) of the Act [22

U.S.C. 3103(a)(1), (2), (4), (5) and (b)].

Sec. 4. Subject to the provisions of section 1 of this order, and

in the absence of any contrary delegation or direction by the

Director, the Secretary of Commerce shall perform the function of

making periodic reports to the Committees of the Congress as set

forth in Section 4(a)(3) of the Act [22 U.S.C. 3103(a)(3)].

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3141 of this title.

-End-

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22 USC Sec. 3102 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 46 - INTERNATIONAL INVESTMENT AND TRADE IN SERVICES SURVEY

-HEAD-

Sec. 3102. Definitions

-STATUTE-

As used in this chapter, the term -

(1) "United States", when used in a geographic sense, means the

several States, the District of Columbia, the Commonwealth of

Puerto Rico, the Canal Zone, and all territories and possessions

of the United States;

(2) "foreign", when used in a geographic sense, means that

which is situated outside the United States or which belongs to

or is characteristic of a country other than the United States;

(3) "person" means any individual, branch, partnership,

associated group, association, estate, trust, corporation, or

other organization (whether or not organized under the laws of

any State), and any government (including a foreign government,

the United States Government, a State or local government, and

any agency, corporation, financial institution, or other entity

or instrumentality thereof, including a government-sponsored

agency);

(4) "United States person" means any person resident in the

United States or subject to the jurisdiction of the United

States;

(5) "foreign person" means any person resident outside the

United States or subject to the jurisdiction of a country other

than the United States;

(6) "business enterprise" means any organization, association,

branch, or venture which exists for profitmaking purposes or to

otherwise secure economic advantage, and any ownership of any

real estate;

(7) "parent" means a person of one country who, directly or

indirectly, owns or controls 10 per centum or more of the voting

stock of an incorporated business enterprise, or an equivalent

ownership interest in an unincorporated business enterprise,

which is located outside that country;

(8) "affiliate" means a business enterprise located in one

country which is directly or indirectly owned or controlled by a

person of another country to the extent of 10 per centum or more

of its voting stock for an incorporated business or an equivalent

interest for an unincorporated business, including a branch;

(9) "international investment" means (A) the ownership or

control, directly or indirectly, by contractual commitment or

otherwise, by foreign persons of any interest in property in the

United States, or of stock, other securities, or short- and

long-term debt obligations of a United States person, and (B) the

ownership or control, directly or indirectly, by contractual

commitment or otherwise, by United States persons of any interest

in property outside the United States, or of stock, other

securities, or short-and long-term debt obligations of a foreign

person;

(10) "direct investment" means the ownership or control,

directly or indirectly, by one person of 10 per centum or more of

the voting securities of an incorporated business enterprise or

an equivalent interest in an unincorporated business enterprise;

and

(11) "portfolio investment" means any international investment

which is not direct investment.

-SOURCE-

(Pub. L. 94-472, Sec. 3, Oct. 11, 1976, 90 Stat. 2060.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in par. (1), see

section 3602(b) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3146 of this title; title

13 section 401.

-End-

-CITE-

22 USC Sec. 3103 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 46 - INTERNATIONAL INVESTMENT AND TRADE IN SERVICES SURVEY

-HEAD-

Sec. 3103. Presidential authority and duties

-STATUTE-

(a) Data collection program; studies and surveys; periodic report

to Congressional committees; statistical information publication

The President shall, to the extent he deems necessary and

feasible -

(1) conduct a regular data collection program to secure current

information on international capital flows and other information

related to international investment and trade in services,

including (but not limited to) such information as may be

necessary for computing and analyzing the United States balance

of payments, the employment and taxes of United States parents

and affiliates, and the international investment and trade in

services position of the United States;

(2) conduct such studies and surveys as may be necessary to

prepare reports in a timely manner on specific aspects of

international investment and trade in services which may have

significant implications for the economic welfare and national

security of the United States;

(3) study the adequacy of information, disclosure, and

reporting requirements and procedures relating to international

investment and trade in services; recommend necessary

improvements in information recording, collection, and retrieval

and in statistical analysis and presentation; and report

periodically to the Committees on Finance (!1) Foreign Relations

(!1) and Commerce of the Senate and the Committees on Ways and

Means, Energy and Commerce, and Foreign Affairs of the House of

Representatives on national and international developments with

respect to laws and regulations affecting international

investment and trade in services;

(4) conduct (not more frequently than once every five years and

in addition to any other surveys conducted pursuant to paragraphs

(1) and (2)) benchmark surveys with respect to trade in services

between unaffiliated United States persons and foreign persons;

and

(5) publish for the use of the general public and United States

Government agencies periodic, regular, and comprehensive

statistical information collected pursuant to this subsection and

to the benchmark surveys conducted pursuant to subsections (b)

and (c) of this section, including, with respect to foreign

direct investment in the United States, information on ownership

by foreign governments of United States affiliates by country,

and tables, on an aggregated basis, of business enterprises the

ownership or control of which by foreign persons is more than 50

percent of the voting securities or other evidences of ownership

of such enterprises, and business enterprises the ownership or

control of which by foreign persons is 50 percent or less of the

voting securities or other evidences of ownership of such

enterprises.

(b) Benchmark survey of United States direct investment abroad and

foreign direct investment in United States

With respect to foreign direct investment in the United States,

the President shall conduct a benchmark survey covering year 1980,

a benchmark survey covering year 1987, and benchmark surveys

covering every fifth year thereafter. With respect to United States

direct investment abroad, the President shall conduct a benchmark

survey covering year 1982, a benchmark survey covering year 1989,

and benchmark surveys covering every fifth year thereafter. In

conducting surveys pursuant to this subsection, the President

shall, among other things and to the extent he determines necessary

and feasible -

(1) identify the location, nature, and magnitude of, and

changes in total investment by any parent in each of its

affiliates and the financial transactions between any parent and

each of its affiliates;

(2) obtain (A) information on the balance sheet of parents and

affiliates and related financial data, (B) income statements,

including the gross sales by primary line of business (with as

much product line detail as is necessary and feasible) of parents

and affiliates in each country in which they have significant

operations, and (C) related information regarding trade

(including trade in both goods and services) between a parent and

each of its affiliates and between each parent or affiliate and

any other person;

(3) collect employment data showing both the number of United

States and foreign employees of each parent and affiliate and the

levels of compensation, by country, industry, and skill level;

(4) obtain information on tax payments by parents and

affiliates by country; and

(5) determine, by industry and country, the total dollar amount

of research and development expenditures by each parent and

affiliate, payments or other compensation for the transfer of

technology between parents and their affiliates, and payments or

other compensation received by parents or affiliates from the

transfer of technology to other persons.

(c) Benchmark survey of foreign portfolio investment in United

States and United States portfolio investment abroad; report to

Congress

(1) The President shall conduct a comprehensive benchmark survey

of foreign portfolio investment in the United States at least once

every five years and, for such purposes, shall (among other things

and to the extent he determines necessary and feasible) determine

the magnitude and aggregate value of portfolio investment, form of

investments, types of investors, nationality of investors and

recorded residence of foreign private holders, diversification of

holdings by economic sector, and holders of record.

(2) In addition to the benchmark surveys conducted pursuant to

paragraph (1), the President shall annually compile currently

available data on United States portfolio investment abroad

including items such as data on the magnitude and aggregate value

of portfolio investment, form of investments, types of investors,

nationality of investors and recorded residence of private holders,

diversification of holdings by economic sector, and holders of

record. The President shall submit an analysis of such data to the

Congress not later than the first day of July of each year.

(d) Foreign agricultural and real property investment and land data

system: study; submittal of findings and conclusions to Congress

The President shall conduct a study of the feasibility of

establishing a system to monitor foreign direct investment in

agricultural, rural, and urban real property, including the

feasibility of establishing a nationwide multipurpose land data

system, and shall submit his findings and conclusions to the

Congress not later than two years after October 11, 1976.

(e) Report on cost of monitoring and compiling data on legislation

enacted by foreign nations regulating and restricting foreign

inward investment

The Secretary of Commerce shall prepare a report on the estimated

cost of monitoring and compiling data on legislation enacted by the

major trading partners of the United States, and such other foreign

nations as the Secretary deems appropriate, which regulates or

restricts foreign inward investment in such foreign nations.

(f) Reporting, recordkeeping, and documentation

Activities shall be conducted so that information obtained

pursuant to this chapter shall be timely and useful in the

development of policy with respect to international investment and

trade in services. Reporting and recordkeeping requirements imposed

under this chapter shall be designed in order to minimize costs to

the extent feasible, consistent with effective enforcement and the

compilation of information required by this chapter. Reporting,

recordkeeping, and documentation requirements shall be periodically

reviewed and revised in the light of developments in the field of

information technology.

(g) Costs for collecting information

In collecting information under this chapter, the President shall

give due regard to the costs incurred by persons supplying such

information, as well as to the costs incurred by the Government,

and shall insure that the information collected is only in such

detail as is necessary to fulfill the stated purposes for which the

information is being gathered.

(h) Bureau of Economic Analysis report

(1) The President, or the designee of the President responsible

for monitoring the impact of foreign investment in the United

States, coordinating implementation of United States policy on

investment, and investigating foreign acquisitions under section

2170 of title 50, Appendix, may request a report from the Bureau of

Economic Analysis of the Department of Commerce. When such request

is made in connection with an investigation under such section

2170, the report shall be provided within 14 days after the request

is made. When such request is not made in connection with an

investigation under such section 2170, the report shall be provided

within 60 days after the request.

(2) A report requested under paragraph (1) shall contain the best

available information on the extent of foreign direct investment in

a given industry, including a breakdown of total investment in the

industry, and any foreign government investment in the industry, by

country of the foreign owner, and any other information that the

Bureau of Economic Analysis or such designee of the President

considers relevant. The industry information provided shall be at

the most detailed level available of Standard Industrial

Classification, subject to the requirements of section 3104 of this

title.

-SOURCE-

(Pub. L. 94-472, Sec. 4, Oct. 11, 1976, 90 Stat. 2060; Pub. L.

95-381, Sec. 2, Sept. 22, 1978, 92 Stat. 726; H. Res. 89, Feb. 5,

1979; Pub. L. 97-33, Secs. 1-3, Aug. 7, 1981, 95 Stat. 170; Pub. L.

97-70, Oct. 26, 1981, 95 Stat. 1045; Pub. L. 98-573, title III,

Sec. 306(b)(3), (4), Oct. 30, 1984, 98 Stat. 3010; Pub. L. 101-533,

Sec. 6(b), (c), Nov. 7, 1990, 104 Stat. 2348.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a)(5). Pub. L. 101-533, Sec. 6(b), inserted

before period at end ", including, with respect to foreign direct

investment in the United States, information on ownership by

foreign governments of United States affiliates by country, and

tables, on an aggregated basis, of business enterprises the

ownership or control of which by foreign persons is more than 50

percent of the voting securities or other evidences of ownership of

such enterprises, and business enterprises the ownership or control

of which by foreign persons is 50 percent or less of the voting

securities or other evidences of ownership of such enterprises".

Subsec. (h). Pub. L. 101-533, Sec. 6(c), added subsec. (h).

1984 - Subsec. (a)(1), (2). Pub. L. 98-573, Sec.

306(b)(4)(A)(ii), inserted "and trade in services" after

"international investment" wherever appearing.

Subsec. (a)(3). Pub. L. 98-573, Sec. 306(b)(3), (4)(A)(i)-(iii),

inserted reference to the Committee on Finance of the Senate and

the Committees on Ways and Means and Energy and Commerce of the

House of Representatives, and substituted "presentation" for

"presentation relating to international investment", inserted "and

trade in services" after "international investment" in two places,

and struck out "and" at end.

Subsec. (a)(4), (5). Pub. L. 98-573, Sec. 306(b)(4)(A)(iv), (v),

added par. (4) and redesignated former par. (4) as (5).

Subsec. (b)(2)(C). Pub. L. 98-573, Sec. 306(b)(4)(B), inserted

"(including trade in both goods and services)" after "regarding

trade".

Subsec. (f). Pub. L. 98-573, Sec. 306(b)(4)(C), inserted "and

trade in services" after "international investment".

1981 - Subsec. (b). Pub. L. 97-70 substituted "year" for

"calendar year" in five places in provisions preceding par. (1).

Pub. L. 97-33, Sec. 1, substituted "With respect to foreign

direct investment in the United States, the President shall conduct

a benchmark survey covering calendar year 1980, a benchmark survey

covering calendar year 1987, and benchmark surveys covering every

fifth calendar year thereafter. With respect to United States

direct investment abroad, the President shall conduct a benchmark

survey covering calendar year 1982, a benchmark survey covering

calendar year 1989, and benchmark surveys covering every fifth year

thereafter. In conducting surveys pursuant to this subsection, the

President shall," for "With respect to the United States direct

investment abroad and foreign direct investment in the United

States, the President shall conduct a comprehensive benchmark

survey at least once every five years and, for such purpose,

shall," in provisions preceding par (1).

Subsec. (c)(2). Pub. L. 97-33, Sec. 2, substituted "the President

shall annually compile currently available data on United States

portfolio investment abroad including items such as data on the

magnitude and aggregate value of portfolio investment, form of

investments, types of investors, nationality of investors and

recorded residence of private holders, diversification of holdings

by economic sector, and holders of record. The President shall

submit an analysis of such data to the Congress not later than the

first day of July of each year" for "the President shall conduct a

benchmark survey of United States portfolio investment abroad and,

for such purpose, shall (among other things and to the extent he

determines necessary and feasible) determine the magnitude and

aggregate value of portfolio investment, form of investments, types

of investors, nationality of investors and recorded residence of

private holders, diversification of holdings by economic sector,

and holders of record. The President shall complete such survey not

later than the end of the five-year period beginning on October 11,

1976. After completion of such survey, the President shall report

to the Congress on the feasibility and desirability of conducting,

on a periodic basis, additional benchmark surveys of United States

portfolio investment abroad. If he determines that such additional

benchmark surveys are feasible and desirable, he may conduct such

surveys".

Subsecs. (e) to (g). Pub. L. 97-33, Sec. 3, added subsec. (e) and

redesignated subsecs. (e) and (f) as (f) and (g), respectively.

1979 - Subsec. (a)(3). H. Res. 89 changed name of Committee on

International Relations of the House of Representatives to

Committee on Foreign Affairs.

1978 - Subsec. (d). Pub. L. 95-381 substituted provisions setting

forth requirements respecting interim and final reports to

Congress, for provisions requiring submission of findings and

conclusions to Congress not later than two years after Oct. 11,

1976.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives and Committee on Foreign Affairs of House of

Representatives treated as referring to Committee on International

Relations of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Commerce of House of Representatives changed

to Committee on Energy and Commerce of House of Representatives,

and jurisdiction over matters relating to securities and exchanges

and insurance generally transferred to Committee on Financial

Services of House of Representatives by House Resolution No. 5, One

Hundred Seventh Congress, Jan. 3, 2001.

-MISC2-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(c)(2) of this section relating to submitting an analysis of

compiled data to Congress each year, see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance, and page 30 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3103 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

-End-

-CITE-

22 USC Sec. 3104 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 46 - INTERNATIONAL INVESTMENT AND TRADE IN SERVICES SURVEY

-HEAD-

Sec. 3104. Rules and regulations

-STATUTE-

(a) Authorization

The authorities and responsibilities under this chapter may be

exercised through such rules and regulations as may be necessary to

carry out the purposes of this chapter.

(b) Recordkeeping and reports

Rules or regulations issued pursuant to this chapter may require

any person subject to the jurisdiction of the United States -

(1) to maintain a complete record of any information (including

journals or other books of original entry, minute books, stock

transfer records, lists of shareholders, or financial statements)

which is essential to carrying out the surveys and studies to be

conducted under this chapter; and

(2) to furnish, under oath, any report containing information

which is determined to be necessary to carry out the surveys and

studies conducted under this chapter.

When a report under paragraph (2) is furnished under oath, such

oath shall be by the officer of such person who is directly

responsible for the maintenance and compilation of such

information, and shall certify that the report was prepared in

accordance with this chapter, is complete, and is to such officer's

best knowledge and belief, substantially accurate, except in a case

in which, in accordance with rules and regulations issued under

this chapter, estimates have been provided because data are not

available from customary accounting records or precise data could

not be obtained without undue burden, and the data subject to such

estimates has been noted in the report.

(c) Access to information; limitation

Access to information obtained under subsection (b)(2) of this

section shall be available only to officials or employees

designated to perform functions under this chapter, including

consultants and persons working on contracts awarded pursuant to

this chapter. Subject to the limitation of paragraph (1) of this

subsection, the President may authorize the exchange between

agencies or officials designated by him of information furnished by

any person under this chapter as he deems necessary to carry out

the purposes of this chapter. Nothing in this section shall be

construed to require any Federal agency to disclose to any official

exercising authority under this chapter any information or report

collected under legal authority other than this chapter where

disclosure is prohibited by law. Information collected pursuant to

subsection (b)(2) of this section may be used only -

(1) for analytical or statistical purposes within the United

States Government; or

(2) for the purpose of a proceeding under subsection (e) of

this section or under section 3105(b) or (c) of this title.

No official or employee designated to perform functions under this

chapter, including consultants and persons working on contracts

awarded pursuant to this chapter, may publish or make available to

any other person any information collected pursuant to subsection

(b)(2) of this section in a manner that the person who furnished

the information can be specifically identified except as provided

in this section. No person can compel the submission or disclosure

of any report or constituent part thereof collected pursuant to

this chapter, or any copy of such report or constituent part

thereof, without the prior written consent of the person who

maintained or furnished such report under subsection (b) of this

section and without prior written consent of the customer, where

the person who maintained or furnished such report included

information identifiable as being derived from the records of such

customer.

(d) Access to Bureau of Economic Analysis information

The Bureau of the Census of the Department of Commerce is

authorized, for purposes of augmenting and improving the quality of

data collected by the Bureau of the Census, to have, upon written

request, access to data relating to business enterprises that is

collected directly by the Bureau of Economic Analysis for purposes

of this chapter. The Bureau of Labor Statistics of the Department

of Labor is authorized, for purposes of augmenting and improving

the data collected by the Bureau of Labor Statistics, to have

access, upon written request, to selected identification

information on business enterprises and data on international

services transactions, that is collected directly by the Bureau of

Economic Analysis for purposes of this chapter. Officers and

employees of the Bureau of the Census and the Bureau of Labor

Statistics shall, for purposes of subsection (c) of this section,

be deemed to be officials or employees designated to perform

functions under this chapter.

(e) Penalty

Any person who willfully violates subsection (c) or (d) of this

section shall, upon conviction, be fined not more than $10,000, in

addition to any other penalty imposed by law.

-SOURCE-

(Pub. L. 94-472, Sec. 5, Oct. 11, 1976, 90 Stat. 2062; Pub. L.

98-573, title III, Sec. 306(b)(5), Oct. 30, 1984, 98 Stat. 3010;

Pub. L. 101-533, Secs. 6(d), (e), 7(a), Nov. 7, 1990, 104 Stat.

2349.)

-MISC1-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-533, Sec. 7(a), inserted at end

"When a report under paragraph (2) is furnished under oath, such

oath shall be by the officer of such person who is directly

responsible for the maintenance and compilation of such

information, and shall certify that the report was prepared in

accordance with this chapter, is complete, and is to such officer's

best knowledge and belief, substantially accurate, except in a case

in which, in accordance with rules and regulations issued under

this chapter, estimates have been provided because data are not

available from customary accounting records or precise data could

not be obtained without undue burden, and the data subject to such

estimates has been noted in the report."

Subsec. (c)(2). Pub. L. 101-533, Sec. 6(e)(1), substituted

"subsection (e)" for "subsection (d)".

Subsec. (d). Pub. L. 101-533, Sec. 6(d)(2), added subsec. (d).

Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 101-533, Sec. 6(d)(1), (e)(2), redesignated

subsec. (d) as (e) and inserted "or (d)" after "subsection (c)".

1984 - Subsec. (b)(1), (2). Pub. L. 98-573 struck out

"international investment" before "surveys".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3141, 3143, 3144 of this

title.

-End-

-CITE-

22 USC Sec. 3105 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 46 - INTERNATIONAL INVESTMENT AND TRADE IN SERVICES SURVEY

-HEAD-

Sec. 3105. Enforcement

-STATUTE-

(a) Civil penalty for failure to furnish information

Whoever fails to furnish any information required under this

chapter, whether required to be furnished in the form of a report

or otherwise, or to comply with any rule, regulation, order, or

instruction promulgated under this chapter, shall be subject to a

civil penalty of not less than $2,500, and not more than $25,000,

in a proceeding brought under subsection (b) of this section.

(b) Civil action for failure to furnish information

Whenever it appears that any person has failed to furnish any

information required under this chapter, whether required to be

furnished in the form of a report or otherwise, or has failed to

comply with any rule, regulation, order, or instruction promulgated

under this chapter, a civil action may be brought in an appropriate

district court of the United States, or the appropriate United

States court of any territory or other place subject to the

jurisdiction of the United States, and such court may enter a

restraining order or a permanent or temporary injunction commanding

such person to furnish such information or to comply with such

rule, regulation, order, or instruction, as the case may be, or

impose the civil penalty provided in subsection (a) of this

section, or both.

(c) Criminal penalty for failure to submit information

Whoever willfully fails to submit any information required under

this chapter, whether required to be furnished in the form of a

report or otherwise, or willfully violates any rule, regulation,

order, or instruction promulgated under this chapter, upon

conviction, shall be fined not more than $10,000 and, if an

individual, may be imprisoned for not more than one year, or both,

and any officer, director, employee, or agent of any corporation

who knowingly participates in such violation, upon conviction, may

be punished by a like fine, imprisonment, or both.

-SOURCE-

(Pub. L. 94-472, Sec. 6, Oct. 11, 1976, 90 Stat. 2063; Pub. L.

101-533, Sec. 7(b), Nov. 7, 1990, 104 Stat. 2349.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-533 substituted "shall be subject

to a civil penalty of not less than $2,500, and not more than

$25,000," for "may be subject to a civil penalty not exceeding

$10,000".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3104 of this title.

-End-

-CITE-

22 USC Sec. 3106 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 46 - INTERNATIONAL INVESTMENT AND TRADE IN SERVICES SURVEY

-HEAD-

Sec. 3106. Use of experts and administrative support services

-STATUTE-

(a) Compensation and travel expenses

Any official designated by the President to carry out this

chapter may procure the temporary or intermittent services of

experts and consultants in accordance with the provisions of

section 3109 of title 5. Persons so employed shall receive

compensation at a rate not in excess of the maximum amount payable

under such section. While away from his home or regular place of

business and engaged in the performance of services in conjunction

with the provisions of this chapter, any such person may be allowed

travel expenses, including per diem in lieu of subsistence, as

authorized by section 5703(b) (!1) of title 5 for persons in the

Government service employed intermittently.

(b) Use of available Federal agency services, equipment, personnel,

and facilities

Any official designated by the President to carry out this

chapter may use, on a reimbursable basis when appropriate (as

determined by the President), the available services, equipment,

personnel, and facilities of any agency or instrumentality of the

United States Government.

-SOURCE-

(Pub. L. 94-472, Sec. 7, Oct. 11, 1976, 90 Stat. 2064.)

-REFTEXT-

REFERENCES IN TEXT

Section 5703 of title 5, referred to in subsec. (a), was amended

generally by Pub. L. 94-22, Sec. 4, May 19, 1975, 89 Stat. 85, and,

as so amended, does not contain a subsec. (b).

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 3107 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 46 - INTERNATIONAL INVESTMENT AND TRADE IN SERVICES SURVEY

-HEAD-

Sec. 3107. Consultations; creation of independent public advisory

committees

-STATUTE-

Officials performing functions pursuant to this chapter shall

secure balanced, diverse, and responsible views from qualified

persons representing business, organized labor, and the academic

community and may, where appropriate, create such independent

public advisory committees as are necessary to carry out the

purposes of this chapter.

-SOURCE-

(Pub. L. 94-472, Sec. 8, Oct. 11, 1976, 90 Stat. 2064; Pub. L.

95-381, Sec. 3, Sept. 22, 1978, 92 Stat. 726; Pub. L. 97-33, Sec.

4, Aug. 7, 1981, 95 Stat. 171.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-33 struck out designation "(a)" before

"Officials performing functions" and struck out subsec. (b) which

provided that the President review the results of studies and

surveys conducted pursuant to this chapter and report annually to

the Committee on International Relations [Foreign Affairs] of the

House of Representatives and the appropriate committees of the

Senate on any trends or developments which might have had national

policy implications and which in the President's opinion warranted

the review of the respective committees.

1978 - Subsec. (b). Pub. L. 95-381 substituted references to

President, for references to Council on International Economic

Policy.

-EXEC-

EXECUTIVE ORDER NO. 11962

Ex. Ord. No. 11962, Jan. 19, 1977, 42 F.R. 4323, which

established the President's Advisory Board on International

Investment, was revoked by Ex. Ord. No. 12007, Aug. 22, 1977, 42

F.R. 42839, set out as a note under section 14 of Appendix of Title

5, Government Organization and Employees.

-End-

-CITE-

22 USC Sec. 3108 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 46 - INTERNATIONAL INVESTMENT AND TRADE IN SERVICES SURVEY

-HEAD-

Sec. 3108. Authorization of appropriations

-STATUTE-

To carry out this chapter, there are authorized to be

appropriated $4,400,000 for the fiscal year ending September 30,

1980, $4,500,000 for the fiscal year ending September 30, 1981,

$4,000,000 for the fiscal year ending September 30, 1982, and such

sums as may be necessary for any subsequent fiscal years.

-SOURCE-

(Pub. L. 94-472, Sec. 9, Oct. 11, 1976, 90 Stat. 2064; Pub. L.

95-381, Sec. 1, Sept. 22, 1978, 92 Stat. 726; Pub. L. 96-72, Sec.

23(a), Sept. 29, 1979, 93 Stat. 536; Pub. L. 97-33, Sec. 5, Aug. 7,

1981, 95 Stat. 171.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-33 inserted provisions authorizing

appropriations of $4,000,000 for fiscal year ending Sept. 30, 1982,

and such sums as might be necessary for any subsequent fiscal

years.

1979 - Pub. L. 96-72 substituted provisions authorizing

appropriations of $4,400,000 for fiscal year ending Sept. 30, 1980,

and $4,500,000 for fiscal year ending Sept. 30, 1981, for

provisions authorizing appropriations of $4,000,000 for fiscal year

ending Sept. 30, 1979.

1978 - Pub. L. 95-381 increased authorization from $1,000,000 to

$4,000,000, and struck out provisions authorizing appropriation of

$1,000,000 for fiscal year ending Sept. 30, 1978.

EFFECTIVE DATE OF 1979 AMENDMENT

Section 23(b) of Pub. L. 96-72 provided that: "The amendment made

by subsection (a) [amending this section] shall take effect on

October 1, 1979."

EFFECTIVE DATE OF 1978 AMENDMENT

Section 4 of Pub. L. 95-381 provided that: "The amendment made by

the first section of this Act [amending this section] shall take

effect on October 1, 1978."

-End-