15 U.S.C. § 4021 — Definitions

Page 2099 TITLE 15—COMMERCE AND TRADE § 4021 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title. § 4018. Annual reports Every person to whom a certificate of review is issued shall submit to the Secretary an an- nual report, in such form and at such time as the Secretary may require, that updates where necessary the information required by section 4012(a) of this title. (Pub. L. 97–290, title III, § 308, Oct. 8, 1982, 96 Stat. 1244.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title. § 4019. Disclosure of information (a) Exemption Information submitted by any person in con- nection with the issuance, amendment, or rev- ocation of a certificate of review shall be ex- empt from disclosure under section 552 of title 5. (b) Protection of potentially harmful confidential information; exceptions: Congress; judicial or administrative proceedings; consent; neces- sity for determination; Federal law; regula- tions (1) Except as provided in paragraph (2), no offi- cer or employee of the United States shall dis- close commercial or financial information sub- mitted in connection with the issuance, amend- ment, or revocation of a certificate of review if the information is privileged or confidential and if disclosure of the information would cause harm to the person who submitted the informa- tion. (2) Paragraph (1) shall not apply with respect to information disclosed— (A) upon a request made by the Congress or any committee of the Congress, (B) in a judicial or administrative pro- ceeding, subject to appropriate protective or- ders, (C) with the consent of the person who sub- mitted the information, (D) in the course of making a determination with respect to the issuance, amendment, or revocation of a certificate of review, if the Secretary deems disclosure of the information to be necessary in connection with making the determination, (E) in accordance with any requirement im- posed by a statute of the United States, or (F) in accordance with any rule or regula- tion promulgated under section 4020 of this title permitting the disclosure of the informa- tion to an agency of the United States or of a State on the condition that the agency will disclose the information only under the cir- cumstances specified in subparagraphs (A) through (E). (Pub. L. 97–290, title III, § 309, Oct. 8, 1982, 96 Stat. 1244.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title. § 4020. Rules and regulations The Secretary, with the concurrence of the Attorney General, shall promulgate such rules and regulations as are necessary to carry out the purposes of this chapter. (Pub. L. 97–290, title III, § 310, Oct. 8, 1982, 96 Stat. 1245.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in original ‘‘this Act’’, meaning Pub. L. 97–290, Oct. 8, 1982, 96 Stat. 1233, which enacted this chapter and section 6a of this title and section 635a–4 of Title 12, Banks and Banking, amended section 45 of this title and sections 372 and 1843 of Title 12, and enacted provisions set out as notes under sections 1, 4001, and 4011 of this title and sections 1841 and 1843 of Title 12. For complete classification of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title. § 4021. Definitions As used in this subchapter— (1) the term ‘‘export trade’’ means trade or commerce in goods, wares, merchandise, or services exported, or in the course of being ex- ported, from the United States or any terri- tory thereof to any foreign nation, (2) the term ‘‘service’’ means intangible eco- nomic output, including, but not limited to— (A) business, repair, and amusement serv- ices, (B) management, legal, engineering, archi- tectural, and other professional services, and (C) financial, insurance, transportation, informational and any other data-based services, and communication services, (3) the term ‘‘export trade activities’’ means activities or agreements in the course of ex- port trade, (4) the term ‘‘methods of operation’’ means any method by which a person conducts or proposes to conduct export trade, (5) the term ‘‘person’’ means an individual who is a resident of the United States; a part- nership that is created under and exists pursu- ant to the laws of any State or of the United States; a State or local government entity; a corporation, whether organized as a profit or nonprofit corporation, that is created under and exists pursuant to the laws of any State or of the United States; or any association or combination, by contract or other arrange- ment, between or among such persons, (6) the term ‘‘antitrust laws’’ means the antitrust laws, as such term is defined in sec- tion 12 of this title, and section 45 of this title Page 2100 TITLE 15—COMMERCE AND TRADE § 4051 (to the extent that section 45 of this title pro- hibits unfair methods of competition), and any State antitrust or unfair competition law, (7) the term ‘‘Secretary’’ means the Sec- retary of Commerce or his designee, and (8) the term ‘‘Attorney General’’ means the Attorney General of the United States or his designee. (Pub. L. 97–290, title III, § 311, Oct. 8, 1982, 96 Stat. 1245.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title. SUBCHAPTER III—EXPORT PROMOTION PROGRAMS § 4051. Requirement of prior authorization (a) General rule Notwithstanding any other provision of law, money appropriated to the Department of Com- merce for expenses to carry out any export pro- motion program may be obligated or expended only if— (1) the appropriation thereof has been pre- viously authorized by law enacted on or after July 12, 1985; or (2) the amount of all such obligations and expenditures does not exceed an amount pre- viously prescribed by law enacted on or after such date. (b) Exception for later legislation authorizing ob- ligations or expenditures To the extent that legislation enacted after the making of an appropriation to carry out any export promotion program authorizes the obli- gation or expenditure thereof, the limitation contained in subsection (a) shall have no effect. (c) Provisions must be specifically superseded The provisions of this section shall not be su- perseded except by a provision of law enacted after July 12, 1985, which specifically repeals, modifies, or supersedes the provisions of this section. (d) ‘‘Export promotion program’’ defined For purposes of this subchapter, the term ‘‘ex- port promotion program’’ means any activity of the Department of Commerce designed to stimu- late or assist United States businesses in mar- keting their goods and services abroad competi- tively with businesses from other countries, in- cluding, but not limited to— (1) trade development (except for the trade adjustment assistance program) and dissemi- nation of foreign marketing opportunities and other marketing information to United States producers of goods and services, including the expansion of foreign markets for United States textiles and apparel and any other United States products; (2) the development of regional and multilat- eral economic policies which enhance United States trade and investment interests, and the provision of marketing services with respect to foreign countries and regions; (3) the exhibition of United States goods in other countries; (4) the operations of the United States and Foreign Commercial Service, or any successor agency; and (5) the Market Development Cooperator Pro- gram established under section 4723 of this title, and assistance for trade shows provided under section 4724 of this title. (e) Printing outside United States (1) Notwithstanding the provisions of section 501 of title 44, and consistent with other applica- ble law, the Secretary of Commerce, in carrying out any export promotion program, may author- ize— (A) the printing, distribution, and sale of documents outside the contiguous United States, if the Secretary finds that the imple- mentation of such export promotion program would be more efficient, and if such documents will be distributed primarily and sold exclu- sively outside the United States; and (B) the acceptance of private notices and ad- vertisements in connection with the printing and distribution of such documents. (2) Any fees received by the Secretary pursu- ant to paragraph (1) shall be deposited in a sepa- rate account or accounts which may be used to defray directly the costs incurred in conducting activities authorized by paragraph (1) or to repay or make advances to appropriations or other funds available for such activities. (Pub. L. 99–64, title II, § 201, July 12, 1985, 99 Stat. 157; Pub. L. 100–418, title II, §§ 2305(a), 2308(a), Aug. 23, 1988, 102 Stat. 1344, 1346.) Editorial Notes CODIFICATION Section was enacted as part of the Export Adminis- tration Amendments Act of 1985, and not as part of Pub. L. 97–290 which enacted this chapter. AMENDMENTS 1988—Subsec. (d)(5). Pub. L. 100–418, § 2305(a), added par. (5). Subsec. (e). Pub. L. 100–418, § 2308(a), added subsec. (e). § 4052. Authorization of appropriations There are authorized to be appropriated to the Department of Commerce to carry out export promotion programs such sums as are necessary for fiscal years 1995 and 1996. (Pub. L. 99–64, title II, § 202, July 12, 1985, 99 Stat. 158; Pub. L. 99–633, § 2, Nov. 7, 1986, 100 Stat. 3522; Pub. L. 100–418, title II, § 2305(b)(1), Aug. 23, 1988, 102 Stat. 1344; Pub. L. 102–429, title II, § 208, Oct. 21, 1992, 106 Stat. 2205; Pub. L. 103–392, title III, § 301, Oct. 22, 1994, 108 Stat. 4099.) Editorial Notes CODIFICATION Section was enacted as part of the Export Adminis- tration Amendments Act of 1985, and not as part of Pub. L. 97–290 which enacted this chapter. AMENDMENTS 1994—Pub. L. 103–392 amended section generally. Prior to amendment, section read as follows: ‘‘There are au-