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15 U.S.C. § 155Authority of registrar in obtaining evidence

submitted 104 years ago by ch. 346 to r/title-15-COMMERCE-AND-TRADE · 452 words · no verdicts yet

in plain englishAI-generated · not legal advice

The registrar can subpoena witnesses and records, and take depositions, to investigate China Trade Act corporations. If someone will not comply, the registrar can ask a federal court to enforce the subpoena. The registrar also has the right to inspect and copy a corporation's books at any reasonable time.

(a) Subpena for attendance of witness and production of records, etc. To do the registrar's job efficiently, the registrar, personally or through someone acting under the registrar's direction, can issue a subpoena requiring: (1) a witness to appear and bring any book, paper, document, or other evidence, at a hearing location in China, or, if the witness lives or is temporarily staying outside China, at a location within fifty miles of that witness; and (2) a witness's deposition to be taken before anyone with power to administer oaths. For a deposition, the person taking it must write down the testimony, or have it written down, and the witness must sign it. The registrar, or any authorized U.S. officer, employee, or agent, can give oaths and question witnesses. Witnesses get the same fees and travel pay as witnesses in U.S. courts. (b) Aid of Federal district court. If someone will not obey a subpoena, or a witness is openly defiant before the registrar or an authorized person, the registrar, or that person, can ask a federal district court for help. The court can order the witness to obey the subpoena and testify. If the witness still refuses, the court can punish them for contempt. (c) This part was repealed by a 1970 law and no longer applies. (d) Access of registrar or his employee to books and records. To do the registrar's job efficiently, the registrar, or any authorized U.S. officer, employee, or agent, can, at any reasonable time, examine and copy any book, account, record, paper, or letter related to a China Trade Act corporation's business. Anyone who refuses this access or copying, or who blocks, obstructs, or resists it, must pay a penalty of up to $5,000 per offense. The United States can sue to collect this penalty in civil court.
the actual law source: uscode.house.gov ↗public domain
(a) Subpena for attendance of witness and production of records, etc.

For the efficient administration of the functions vested in the registrar by this chapter, he may require, by subpoena issued by him or under his direction, (1) the attendance of any witness and the production of any book, paper, document, or other evidence from any place in China at any designated place of hearing in China, or, if the witness is actually resident or temporarily sojourning outside of China, at any designated place of hearing within fifty miles of the actual residence or place of sojourn of such witness, and (2) the taking of a deposition before any designated person having power to administer oaths. In the case of a deposition, the testimony shall be reduced to writing by the person taking the deposition or under his direction, and shall then be subscribed by the deponent. The registrar, or any officer, employee, or agent of the United States authorized in writing by him, may administer oaths and examine any witness. Any witness summoned or whose deposition is taken under this section shall be paid the same fees and mileage as are paid witnesses in the courts of the United States.

(b) Aid of Federal district court

In the case of failure to comply with any subpoena or in the case of the contumacy of any witness before the registrar or any individual so authorized by him, the registrar or such individual may invoke the aid of any Federal district court. Such court may thereupon order the witness to comply with the requirements of such subpoena and to give evidence touching the matter in question. Any failure to obey such order may be punished by such court as a contempt thereof.

(c) Repealed. Pub. L. 91–452, title II, § 217, Oct. 15, 1970, 84 Stat. 929

(d) Access of registrar or his employee to books and records

For the efficient administration of the functions vested in the registrar by this chapter, he, or any officer, employee, or agent of the United States authorized in writing by him, shall at all reasonable times, for the purpose of examination, have access to and the right to copy any book, account, record, paper, or correspondence relating to the business or affairs of a China Trade Act corporation. Any person who upon demand refuses the registrar, or any duly authorized officer, employee, or agent, such access or opportunity to copy, or hinders, obstructs, or resists him in the exercise of such right, shall be liable to a penalty of not more than $5,000 for each such offense. Such penalty shall be recoverable in a civil suit brought in the name of the United States.

Source credit: (Sept. 19, 1922, ch. 346, § 15, 42 Stat. 853; Pub. L. 91–452, title II, § 217, Oct. 15, 1970, 84 Stat. 929.)

history & why it existsrecord from the source credit
  • 1922Enacted · Act of Sept. 19, 1922, ch. 346 · 42 Stat. 853
  • 1970Amended · Pub. L. 91-452 · 84 Stat. 929

A history note hasn’t been published yet. The record shows enactment by ch. 346 on 1922-09-19.

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