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15 U.S.C. § 4014 (COMMERCE AND TRADE)
§ 4014. Reporting requirement; amendment of certificate; revocation
(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.
(Pub. L. 97–290, title III, § 304, Oct. 8, 1982, 96 Stat. 1242.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title.
15 U.S.C. § 4015 (COMMERCE AND TRADE)
§ 4015. Judicial review; admissibility
(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), 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.
(Pub. L. 97–290, title III, § 305, Oct. 8, 1982, 96 Stat. 1243.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title.
15 U.S.C. § 4016 (COMMERCE AND TRADE)
§ 4016. Protection conferred by certificate of review
(a) Protection from civil or criminal antitrust actions
Except as provided in subsection (b), 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.
(Pub. L. 97–290, title III, § 306, Oct. 8, 1982, 96 Stat. 1243.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title.
15 U.S.C. § 4017 (COMMERCE AND TRADE)
§ 4017. Guidelines
(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).
(Pub. L. 97–290, title III, § 307, Oct. 8, 1982, 96 Stat. 1244.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title.
15 U.S.C. § 4018 (COMMERCE AND TRADE)
§ 4018. Annual reports
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.
(Pub. L. 97–290, title III, § 308, Oct. 8, 1982, 96 Stat. 1244.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title.
15 U.S.C. § 4019 (COMMERCE AND TRADE)
§ 4019. Disclosure of information
(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).
(Pub. L. 97–290, title III, § 309, Oct. 8, 1982, 96 Stat. 1244.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title.
15 U.S.C. § 4020 (COMMERCE AND TRADE)
§ 4020. Rules and regulations
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.
(Pub. L. 97–290, title III, § 310, Oct. 8, 1982, 96 Stat. 1245.)
heading: Editorial Notes
heading: References in Text
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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title.
15 U.S.C. § 4021 (COMMERCE AND TRADE)
§ 4021. Definitions
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.
(Pub. L. 97–290, title III, § 311, Oct. 8, 1982, 96 Stat. 1245.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title.
15 U.S.C. § 4052 (COMMERCE AND TRADE)
§ 4052. Authorization of appropriations
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.
(Pub. L. 99–64, title II, § 202, July 12, 1985, 99 Stat. 158; Pub. L. 99–633, § 2, Nov. 7, 1986, 100 Stat. 3522; Pub. L. 100–418, title II, § 2305(b)(1), Aug. 23, 1988, 102 Stat. 1344; Pub. L. 102–429, title II, § 208, Oct. 21, 1992, 106 Stat. 2205; Pub. L. 103–392, title III, § 301, Oct. 22, 1994, 108 Stat. 4099.)
heading: Editorial Notes
heading: Codification
text: 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.
heading: Amendments
text: 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.
15 U.S.C. § 4053 (COMMERCE AND TRADE)
§ 4053. Barter arrangements
(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), 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) or any purchase authorized by subsection (b)(2), 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), 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.
(Pub. L. 99–64, title II, § 203, July 12, 1985, 99 Stat. 158.)
heading: Editorial Notes
heading: Codification
text: 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.
15 U.S.C. § 4105 (COMMERCE AND TRADE)
§ 4105. Administration
The Commission may—
(1) in accordance with the civil service laws and subchapter III of chapter 53 of title 5, appoint and fix the compensation of an Executive Director and necessary additional staff personnel, but not to exceed a total of seven compensated personnel;
(2) procure temporary and intermittent services as authorized by section 3109 of title 5;
(3) enter into contracts and procure supplies, services, and personal property;
(4) enter into agreements with the General Services Administration for the procurement of necessary financial and administrative services, for which payment shall be made by reimbursement from funds of the Commission in amounts to be agreed upon by the Commission and the Administrator of the General Services Administration; and
(5) appoint, and accept without compensation the services of, scientists and engineering specialists to be advisors to the Commission. Each advisor may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5. Except for the purposes of chapter 81 of title 5 (relating to compensation for work injuries) and chapter 171 of title 28 (relating to tort claims), an advisor appointed under this paragraph shall not be considered an employee of the United States for any purpose.
(Pub. L. 98–373, title I, § 106, July 31, 1984, 98 Stat. 1245; Pub. L. 101–609, § 5, Nov. 16, 1990, 104 Stat. 3125.)
heading: Editorial Notes
heading: Amendments
text: 1990—Par. (5). Pub. L. 101–609 added par. (5).
15 U.S.C. § 4106 (COMMERCE AND TRADE)
§ 4106. Implementation of Arctic research policy
(a) National Science Foundation and Director; functions
The National Science Foundation is designated as the lead agency responsible for implementing Arctic research policy, and the Director of the National Science Foundation shall insure that the requirements of section 4107 of this title are fulfilled.
(b) Interagency Arctic Research Policy Committee; establishment; represented agencies; Chairperson
(1) The President shall establish an Interagency Arctic Research Policy Committee (hereinafter referred to as the “Interagency Committee”).
(2) The Interagency Committee shall be composed of representatives of the following Federal agencies or offices:
(A) the National Science Foundation;
(B) the Department of Commerce;
(C) the Department of Defense;
(D) the Department of Energy;
(E) the Department of the Interior;
(F) the Department of State;
(G) the Department of Transportation;
(H) the Department of Health and Human Services;
(I) the Department of Homeland Security;
(J) the National Aeronautics and Space Administration;
(K) the Environmental Protection Agency; and
(L) any other agency or office deemed appropriate.
(3) The representative of the National Science Foundation shall serve as the Chairperson of the Interagency Committee.
(Pub. L. 98–373, title I, § 107, July 31, 1984, 98 Stat. 1246; Pub. L. 109–241, title IX, § 902(g), July 11, 2006, 120 Stat. 567.)
heading: Editorial Notes
heading: Amendments
text: 2006—Subsec. (b)(2)(I) to (L). Pub. L. 109–241 added subpar. (I) and redesignated former subpars. (I) to (K) as (J) to (L), respectively.
heading: Executive Documents
heading: Designation of the National Science and Technology Council to Coordinate Certain Activities Under the Arctic Research and Policy Act of 1984
text: Memorandum of President of the United States, July 22, 2010, 75 F.R. 44063, provided:
Memorandum for the Director of the Office of Science and Technology Policy
By the authority vested in me as President by the Constitution and the laws of the United States, including the Arctic Research and Policy Act of 1984 (Title I of Public Law 98–373) (the “Act”), I hereby assign to the National Science and Technology Council (NSTC) responsibility to coordinate activities assigned in sections 107 and 108 of the Act to the Interagency Arctic Research Policy Committee, including through committees of the NSTC.
The Director of the Office of Science and Technology Policy is authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.