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22 U.S.C. § 3104 — Rules and regulations
Federal law — U.S. Code and appendices · legal_authorities
**(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. Su
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Source location: Title 22, Chapter 46, § 3104; chapter-046-international-investment-and-trade-in-services-survey.md
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**(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) 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) 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) 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), 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) shall, upon conviction, be fined not more than $10,000, in addition to any other penalty imposed by law.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 11 So in original. Probably should be followed by a comma. 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3103
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Federal law — U.S. Code and appendices · legal_authorities
Page 1309
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3104
duct a comprehensive benchmark survey at least once
every five years and, for such purpose, shall,’’ in provi-
sions preceding par (1).
Subsec. (c)(2). Pub. L. 97–33, § 2, substituted ‘‘the
President shall annually compile currently available
data on United States portfolio investment abroad in-
cluding items such as data on the magnitude and aggre-
gate value of portfolio investment, form of invest-
ments, 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) deter-
mine the magnitude and aggregate value of portfolio
investment, form of investments, types of investors,
nationality of investors and recorded residence of pri-
vate holders, diversification of holdings by economic
sector, and holders of record. The President shall com-
plete such survey not later than the end of the five-
year period beginning on October 11, 1976. After comple-
tion of such survey, the President shall report to the
Congress on the feasibility and desirability of con-
ducting, on a periodic basis, additional benchmark sur-
veys 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, § 3, added subsec. (e)
and redesignated subsecs. (e) and (f) as (f) and
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