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7 U.S.C. § 5712 — Export reporting and contract sanctity

submitted 36 years ago by Pub. L. 95-501 to r/title-7-AGRICULTURE · 446 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section addresses Export reporting and contract sanctity. It states the rules, duties, permissions, limits, and procedures for that subject.

(a) Export sales reports (1) In general All exporters of wheat and wheat flour, feed grains, oil seeds, cotton, pork, beef, and products of it, and other commodities that the Secretary can designate produced in the United States must report to the Secretary of Agriculture, on a weekly basis, the following information regarding any contract for export sales entered into or subsequently modified in any manner during the reporting period: (A) type, class, and quantity of the commodity sought to be exported; (B) the marketing year of shipment; and (C) destination, if known. (2) Confidentiality and compilation of reports Individual reports must remain confidential but must be compiled by the Secretary and published in compilation form each week following the week of reporting. (3) Immediate reporting All exporters of agricultural commodities produced in the United States must, upon request of the Secretary, immediately report to the Secretary any information for export sales of agricultural commodities and at such times as the Secretary can request. When the Secretary requires that such information be reported by exporters on a daily basis, the information compiled from individual reports must be made available to the public daily. (4) Monthly reporting permitted The Secretary can, for any commodity or type or class of it during any period in which the Secretary determines that— (A) there is a domestic supply of such commodity substantially in excess of the quantity needed to meet domestic requirements, (B) total supplies of such commodity in the exporting countries are estimated to be in surplus, (C) anticipated exports will not result in excessive drain on domestic supplies, and (D) to require the reports to be made will unduly hamper export sales, provide for such reports by exporters and publishing of such data to be on a monthly basis rather than on a weekly basis. (b) Failure to report Any person who knowingly fails to make any report required under this section must be fined no more than $25,000 or imprisoned for no more than 1 year, or both. (c) Contract sanctity Despite any other law, the President must not prohibit or curtail the export of any agricultural commodity under an export sales contract— (1) that is entered into before the President announces an action that would otherwise prohibit or curtail the export of the commodity, and (2) the terms of which require delivery of the commodity within 270 days after the date of the suspension of trade is imposed, except that the President can prohibit or curtail the export of any agricultural commodity during a period for which the President has declared a national emergency or for which the Congress has declared war.

the actual law source: uscode.house.gov ↗public domain
(a) Export sales reports
(1) In general

All exporters of wheat and wheat flour, feed grains, oil seeds, cotton, pork, beef, and products thereof, and other commodities that the Secretary may designate produced in the United States shall report to the Secretary of Agriculture, on a weekly basis, the following information regarding any contract for export sales entered into or subsequently modified in any manner during the reporting period:

(A)

type, class, and quantity of the commodity sought to be exported;

(B)

the marketing year of shipment; and

(C)

destination, if known.

(2) Confidentiality and compilation of reports

Individual reports shall remain confidential but shall be compiled by the Secretary and published in compilation form each week following the week of reporting.

(3) Immediate reporting

All exporters of agricultural commodities produced in the United States shall, upon request of the Secretary, immediately report to the Secretary any information with respect to export sales of agricultural commodities and at such times as the Secretary may request. When the Secretary requires that such information be reported by exporters on a daily basis, the information compiled from individual reports shall be made available to the public daily.

(4) Monthly reporting permitted

The Secretary may, with respect to any commodity or type or class thereof during any period in which the Secretary determines that—

(A)

there is a domestic supply of such commodity substantially in excess of the quantity needed to meet domestic requirements,

(B)

total supplies of such commodity in the exporting countries are estimated to be in surplus,

(C)

anticipated exports will not result in excessive drain on domestic supplies, and

(D)

to require the reports to be made will unduly hamper export sales,

provide for such reports by exporters and publishing of such data to be on a monthly basis rather than on a weekly basis.

(b) Failure to report

Any person who knowingly fails to make any report required under this section shall be fined not more than $25,000 or imprisoned for not more than 1 year, or both.

(c) Contract sanctity

Notwithstanding any other provision of law, the President shall not prohibit or curtail the export of any agricultural commodity under an export sales contract—

(1)

that is entered into before the President announces an action that would otherwise prohibit or curtail the export of the commodity, and

(2)

the terms of which require delivery of the commodity within 270 days after the date of the suspension of trade is imposed,

except that the President may prohibit or curtail the export of any agricultural commodity during a period for which the President has declared a national emergency or for which the Congress has declared war.

Source credit: (Pub. L. 95–501, title VI, § 602, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3688; amended Pub. L. 102–237, title III, § 327, Dec. 13, 1991, 105 Stat. 1858; Pub. L. 106–78, title IX, § 921, Oct. 22, 1999, 113 Stat. 1206; Pub. L. 111–239, § 2(c), Sept. 27, 2010, 124 Stat. 2502.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 95-501 · 104 Stat. 3688
  • 1991Amended · Pub. L. 102-237 · 105 Stat. 1858
  • 1999Amended · Pub. L. 106-78 · 113 Stat. 1206
  • 2010Amended · Pub. L. 111-239 · 124 Stat. 2502

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-501 on 1990-11-28.

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