15 U.S.C. § 4017 — Guidelines

Page 2098 TITLE 15—COMMERCE AND TRADE § 4015 Attorney General in charge of the antitrust di- vision of the Department of Justice, may con- duct investigations in the same manner as the Attorney General and the Assistant Attorney General conduct investigations under section 1312 of this title, except that no civil investiga- tive demand may be issued to a person to whom a certificate of review is issued if such person is the target of such investigation. (Pub. L. 97–290, title III, § 304, Oct. 8, 1982, 96 Stat. 1242.) 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. § 4015. Judicial review; admissibility (a) District court review of grants or denials; er- roneous determination If the Secretary grants or denies, in whole or in part, an application for a certificate of review or for an amendment to a certificate, or revokes or modifies a certificate pursuant to section 4014(b) of this title, any person aggrieved by such determination may, within 30 days of the determination, bring an action in any appro- priate district court of the United States to set aside the determination on the ground that such determination is erroneous. (b) Exclusive provision for review Except as provided in subsection (a), no action by the Secretary or the Attorney General pursu- ant to this subchapter shall be subject to judi- cial review. (c) Inadmissibility in antitrust proceedings If the Secretary denies, in whole or in part, an application for a certificate of review or for an amendment to a certificate, or revokes or amends a certificate, neither the negative deter- mination nor the statement of reasons therefor shall be admissible in evidence, in any adminis- trative or judicial proceeding, in support of any claim under the antitrust laws. (Pub. L. 97–290, title III, § 305, Oct. 8, 1982, 96 Stat. 1243.) 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. § 4016. Protection conferred by certificate of re- view (a) Protection from civil or criminal antitrust ac- tions Except as provided in subsection (b), no crimi- nal or civil action may be brought under the antitrust laws against a person to whom a cer- tificate of review is issued which is based on conduct which is specified in, and complies with the terms of, a certificate issued under section 4013 of this title which certificate was in effect when the conduct occurred. (b) Special restraint of trade civil actions; time limitations; certificate governed conduct pre- sumed in compliance; award of costs to suc- cessful defendant; suit by Attorney General (1) Any person who has been injured as a result of conduct engaged in under a certificate of re- view may bring a civil action for injunctive re- lief, actual damages, the loss of interest on ac- tual damages, and the cost of suit (including a reasonable attorney’s fee) for the failure to com- ply with the standards of section 4013(a) of this title. Any action commenced under this sub- chapter shall proceed as if it were an action commenced under section 15 or section 26 of this title, except that the standards of section 4013(a) of this title and the remedies provided in this paragraph shall be the exclusive standards and remedies applicable to such action. (2) Any action brought under paragraph (1) shall be filed within two years of the date the plaintiff has notice of the failure to comply with the standards of section 4013(a) of this title but in any event within four years after the cause of action accrues. (3) In any action brought under paragraph (1), there shall be a presumption that conduct which is specified in and complies with a certificate of review does comply with the standards of sec- tion 4013(a) of this title. (4) In any action brought under paragraph (1), if the court finds that the conduct does comply with the standards of section 4013(a) of this title, the court shall award to the person against whom the claim is brought the cost of suit at- tributable to defending against the claim (in- cluding a reasonable attorney’s fee). (5) The Attorney General may file suit pursu- ant to section 25 of this title to enjoin conduct threatening clear and irreparable harm to the national interest. (Pub. L. 97–290, title III, § 306, Oct. 8, 1982, 96 Stat. 1243.) 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. § 4017. Guidelines (a) Issuance; content To promote greater certainty regarding the application of the antitrust laws to export trade, the Secretary, with the concurrence of the Attorney General, may issue guidelines— (1) describing specific types of conduct with respect to which the Secretary, with the con- currence of the Attorney General, has made or would make, determinations under sections 4013 and 4014 of this title, and (2) summarizing the factual and legal bases in support of the determinations. (b) Administrative rulemaking requirements not applicable Section 553 of title 5 shall not apply to the issuance of guidelines under subsection (a). (Pub. L. 97–290, title III, § 307, Oct. 8, 1982, 96 Stat. 1244.) 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