15 U.S.C. § 4013 — Issuance of certificate
submitted 44 years ago by Pub. L. 97-290 to r/title-15-COMMERCE-AND-TRADE · 548 words · no verdicts yet
This section requires a certificate of review when an applicant’s export conduct meets four competition and domestic-sale standards. It sets the decision deadline, certificate contents, expedited action, reconsideration, document return, and fraud rule.
(a) Requirements. The Secretary* must issue a certificate to an applicant that establishes the specified export trade*, activities, and operating methods will (1) neither substantially lessen United States competition or restrain United States trade nor substantially restrain a competitor’s export trade; (2) not unreasonably raise, stabilize, or lower United States prices for the exported class of goods or services; (3) not be unfair competition against competitors exporting that class; and (4) not include an act reasonably expected to cause the exported goods or services to be sold for United States consumption or resale.
(b) Time for determination; specification in certificate. Within 90 days after receiving the application, the Secretary must decide whether subsection (a) is met. With the Attorney General’s concurrence, the Secretary must issue the certificate if it is met. The certificate must identify the covered export trade, activities, and methods; the recipient; and terms or conditions the Secretary or Attorney General* considers necessary for compliance.
(c) Expedited action. If the applicant shows a special need for prompt action, the Secretary and Attorney General may expedite it, but no certificate may issue within 30 days after the section 4012(b)(1) Federal Register notice.
(d) Notification of denial; request for reconsideration. (1) For a total or partial denial, the Secretary must tell the applicant the decision and reasons. (2) Within 30 days after receiving that notice, the applicant may request reconsideration. With the Attorney General’s concurrence, the Secretary must notify the applicant of the reconsideration decision within 30 days after receiving the request.
(e) Return of documents. After denying an application, if the applicant asks for submitted documents, the Secretary and Attorney General must within 30 days return the documents and all available copies, except information already made public.
(f) Fraudulent procurement. A certificate is void from the beginning for covered export trade, activities, or methods obtained through fraud.
A certificate of review shall be issued to any applicant that establishes that its specified export trade*, export trade activities*, and methods of operation* will—
result in neither a substantial lessening of competition or restraint of trade within the United States nor a substantial restraint of the export trade of any competitor of the applicant,
not unreasonably enhance, stabilize, or depress prices within the United States of the goods, wares, merchandise, or services of the class exported by the applicant,
not constitute unfair methods of competition against competitors engaged in the export of goods, wares, merchandise, or services of the class exported by the applicant, and
not include any act that may reasonably be expected to result in the sale for consumption or resale within the United States of the goods, wares, merchandise, or services exported by the applicant.
Within ninety days after the Secretary* receives an application for a certificate of review, the Secretary shall determine whether the applicant’s export trade, export trade activities, and methods of operation meet the standards of subsection (a). If the Secretary, with the concurrence of the Attorney General*, determines that such standards are met, the Secretary shall issue to the applicant a certificate of review. The certificate of review shall specify—
the export trade, export trade activities, and methods of operation to which the certificate applies,
the person* to whom the certificate of review is issued, and
any terms and conditions the Secretary or the Attorney General deems necessary to assure compliance with the standards of subsection (a).
If the applicant indicates a special need for prompt disposition, the Secretary and the Attorney General may expedite action on the application, except that no certificate of review may be issued within thirty days of publication of notice in the Federal Register under section 4012(b)(1) of this title.
If the Secretary denies in whole or in part an application for a certificate, he shall notify the applicant of his determination and the reasons for it.
An applicant may, within thirty days of receipt of notification that the application has been denied in whole or in part, request the Secretary to reconsider the determination. The Secretary, with the concurrence of the Attorney General, shall notify the applicant of the determination upon reconsideration within thirty days of receipt of the request.
If the Secretary denies an application for the issuance of a certificate of review and thereafter receives from the applicant a request for the return of documents submitted by the applicant in connection with the application for the certificate, the Secretary and the Attorney General shall return to the applicant, not later than thirty days after receipt of the request, the documents and all copies of the documents available to the Secretary and the Attorney General, except to the extent that the information contained in a document has been made available to the public.
A certificate shall be void ab initio with respect to any export trade, export trade activities, or methods of operation for which a certificate was procured by fraud.
Source credit: (Pub. L. 97–290, title III, § 303, Oct. 8, 1982, 96 Stat. 1241.)
- 1982Enacted · Pub. L. 97-290 · 96 Stat. 1241
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-290 on 1982-10-08.
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