15 U.S.C. § 4012 — Application for issuance of certificate of

Page 2096 TITLE 15—COMMERCE AND TRADE § 4011 portable goods and services and firms offering export trade services. The office shall establish a program to encourage and assist the operation of other export intermediaries, including exist- ing and newly formed export management com- panies. (Pub. L. 97–290, title I, § 104, Oct. 8, 1982, 96 Stat. 1235; Pub. L. 100–418, title II, § 2310, Aug. 23, 1988, 102 Stat. 1346.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–418 inserted requirement that the of- fice establish a program to encourage and assist oper- ation of other export intermediaries, including existing and newly formed export management companies. SUBCHAPTER II—EXPORT TRADE CERTIFICATES OF REVIEW § 4011. Export trade promotion duties of Sec- retary of Commerce To promote and encourage export trade, the Secretary may issue certificates of review and advise and assist any person with respect to ap- plying for certificates of review. (Pub. L. 97–290, title III, § 301, Oct. 8, 1982, 96 Stat. 1240.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 97–290, title III, § 312, Oct. 8, 1982, 96 Stat. 1245, provided that: ‘‘(a) Except as provided in subsection (b), this title [enacting this subchapter] shall take effect on the date of the enactment of this Act [Oct. 8, 1982]. ‘‘(b) Section 302 and section 303 [enacting sections 4012 and 4013 of this title] shall take effect 90 days after the effective date of the rules and regulations first pro- mulgated under section 310 [enacting section 4020 of this title].’’ REPORT ON EXPORT TRADING COMPANIES Pub. L. 100–418, title II, § 2311, Aug. 23, 1988, 102 Stat. 1346, directed Secretary of Commerce to submit a re- port, not later than 18 months after Aug. 23, 1988, to Committee on Banking, Housing, and Urban Affairs of Senate, and to Committee on Banking, Finance and Urban Affairs, Committee on Foreign Affairs, and Com- mittee on the Judiciary of House of Representatives, on activities of Department of Commerce to promote and encourage formation of new and operation of existing and new export promotion intermediaries, including ex- port management companies, export trade associa- tions, bank export trading companies, and export trad- ing companies, with report to include a survey of ac- tivities of export management companies, export trade associations, and those bank export trading companies and export trading companies established pursuant to amendments made by title II of the Export Trading Company Act of 1982 and pursuant to title III of that Act, but not to contain any information subject to the protections from disclosure provided in that Act. FEDERAL COAL EXPORT COMMISSION Pub. L. 99–83, title XIII, § 1304, Aug. 8, 1985, 99 Stat. 282, provided for establishment, membership, etc., of Federal Coal Export Commission, required Commission to convene at least four times a year for consultation on activities leading to increased cooperation among entities involved in United States coal exports, with goal of expanding the United States share of inter- national market, specified activities of Commission, in- cluding examination of potential for small- and me- dium-sized companies to enter export coal trade through exporting trading companies, directed Com- mission to report its finding and recommendations to President and Congress within two years after its first meeting, and terminated Commission upon submission of its report. § 4012. Application for issuance of certificate of review (a) Written form; limitation to export trade; com- pliance with regulations To apply for a certificate of review, a person shall submit to the Secretary a written applica- tion which— (1) specifies conduct limited to export trade, and (2) is in a form and contains any informa- tion, including information pertaining to the overall market in which the applicant oper- ates, required by rule or regulation promul- gated under section 4020 of this title. (b) Publication of notice of application; trans- mittal to Attorney General (1) Within ten days after an application sub- mitted under subsection (a) is received by the Secretary, the Secretary shall publish in the Federal Register a notice that announces that an application for a certificate of review has been submitted, identifies each person submit- ting the application, and describes the conduct for which the application is submitted. (2) Not later than seven days after an applica- tion submitted under subsection (a) is received by the Secretary, the Secretary shall transmit to the Attorney General— (A) a copy of the application, (B) any information submitted to the Sec- retary in connection with the application, and (C) any other relevant information (as deter- mined by the Secretary) in the possession of the Secretary, including information regard- ing the market share of the applicant in the line of commerce to which the conduct speci- fied in the application relates. (Pub. L. 97–290, title III, § 302, Oct. 8, 1982, 96 Stat. 1240.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after effective date of rules and regulations first promulgated under section 4020 of this title, see section 312(b) of Pub. L. 97–290 set out as a note under section 4011 of this title. § 4013. Issuance of certificate (a) Requirements A certificate of review shall be issued to any applicant that establishes that its specified ex- port trade, export trade activities, and methods of operation will— (1) 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 ap- plicant, (2) 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,