15 U.S.C. § 4001 — Congressional findings and declaration of

Page 2094 TITLE 15—COMMERCE AND TRADE § 3906 (d) State authority to specify acceptable means of demonstrating financial responsibility Subject to the provisions of section 3902(a)(4) of this title relating to discrimination, nothing in this chapter shall be construed to preempt the authority of a State to specify acceptable means of demonstrating financial responsibility where the State has required a demonstration of financial responsibility as a condition for ob- taining a license or permit to undertake speci- fied activities. Such means may include or ex- clude insurance coverage obtained from an ad- mitted insurance company, an excess lines com- pany, a risk retention group, or any other source regardless of whether coverage is ob- tained directly from an insurance company or through a broker, agent, purchasing group, or any other person. (Pub. L. 97–45, § 6, as added Pub. L. 99–563, § 8(c), Oct. 27, 1986, 100 Stat. 3175.) § 3906. Injunctive orders issued by United States district courts Any district court of the United States may issue an order enjoining a risk retention group from soliciting or selling insurance, or oper- ating, in any State (or in all States) or in any territory or possession of the United States upon a finding of such court that such group is in hazardous financial condition. Such order shall be binding on such group, its officers, agents, and employees, and on any other person acting in active concert with any such officer, agent, or employee, if such other person has ac- tual notice of such order. (Pub. L. 97–45, § 7, as added Pub. L. 99–563, § 9, Oct. 27, 1986, 100 Stat. 3176.) CHAPTER 66—PROMOTION OF EXPORT TRADE SUBCHAPTER I—EXPORT TRADING COMPANIES AND TRADE ASSOCIATIONS Sec. 4001. Congressional findings and declaration of pur- pose. 4002. Definitions. 4003. Office of Export Trade in Department of Com- merce. SUBCHAPTER II—EXPORT TRADE CERTIFICATES OF REVIEW 4011. Export trade promotion duties of Secretary of Commerce. 4012. Application for issuance of certificate of re- view. 4013. Issuance of certificate. 4014. Reporting requirement; amendment of certifi- cate; revocation. 4015. Judicial review; admissibility. 4016. Protection conferred by certificate of review. 4017. Guidelines. 4018. Annual reports. 4019. Disclosure of information. 4020. Rules and regulations. 4021. Definitions. SUBCHAPTER III—EXPORT PROMOTION PROGRAMS 4051. Requirement of prior authorization. 4052. Authorization of appropriations. 4053. Barter arrangements. SUBCHAPTER I—EXPORT TRADING COMPANIES AND TRADE ASSOCIATIONS § 4001. Congressional findings and declaration of purpose (a) The Congress finds that— (1) United States exports are responsible for creating and maintaining one out of every nine manufacturing jobs in the United States and for generating one out of every seven dol- lars of total United States goods produced; (2) the rapidly growing service-related indus- tries are vital to the well-being of the United States economy inasmuch as they create jobs for seven out of every ten Americans, provide 65 per centum of the Nation’s gross national product, and offer the greatest potential for significantly increased industrial trade involv- ing finished products; (3) trade deficits contribute to the decline of the dollar on international currency markets and have an inflationary impact on the United States economy; (4) tens of thousands of small- and medium- sized United States businesses produce export- able goods or services but do not engage in ex- porting; (5) although the United States is the world’s leading agricultural exporting nation, many farm products are not marketed as widely and effectively abroad as they could be through ex- port trading companies; (6) export trade services in the United States are fragmented into a multitude of separate functions, and companies attempting to offer export trade services lack financial leverage to reach a significant number of potential United States exporters; (7) the United States needs well-developed export trade intermediaries which can achieve economies of scale and acquire expertise ena- bling them to export goods and services profit- ably, at low per unit cost to producers; (8) the development of export trading compa- nies in the United States has been hampered by business attitudes and by Government reg- ulations; (9) those activities of State and local govern- mental authorities which initiate, facilitate, or expand exports of goods and services can be an important source for expansion of total United States exports, as well as for experi- mentation in the development of innovative export programs keyed to local, State, and re- gional economic needs; (10) if United States trading companies are to be successful in promoting United States exports and in competing with foreign trading companies, they should be able to draw on the resources, expertise, and knowledge of the United States banking system, both in the United States and abroad; and (11) the Department of Commerce is respon- sible for the development and promotion of United States exports, and especially for fa- cilitating the export of finished products by United States manufacturers. (b) It is the purpose of this chapter to increase United States exports of products and services by encouraging more efficient provision of ex- Page 2095 TITLE 15—COMMERCE AND TRADE § 4003 port trade services to United States producers and suppliers, in particular by establishing an office within the Department of Commerce to promote the formation of export trade associa- tions and export trading companies, by permit- ting bank holding companies, bankers’ banks, and Edge Act corporations and agreement cor- porations that are subsidiaries of bank holding companies to invest in export trading compa- nies, by reducing restrictions on trade financing provided by financial institutions, and by modi- fying the application of the antitrust laws to certain export trade. (Pub. L. 97–290, title I, § 102, Oct. 8, 1982, 96 Stat. 1233.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in origi- nal ‘‘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 classi- fication of this Act to the Code, see Tables. Edge Act corporation, referred to in subsec. (b), is a corporation organized under section 25A of the Federal Reserve Act, as added by act Dec. 24, 1919, ch. 18, 41 Stat. 378, and amended, popularly known as the Edge Act, which is classified to subchapter II (§ 611 et seq.) of chapter 6 of Title 12. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 611 of Title 12 and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1985 AMENDMENT Pub. L. 99–64, § 1, July 12, 1985, 99 Stat. 120, provided that: ‘‘Titles I and II of this Act [enacting sections 4051 to 4053 of this title, section 1864 of Title 19, Customs Duties, and section 466c of Title 46, Appendix, Shipping, amending sections 5314 and 5315 of Title 5, Government Organization and Employees, sections 2304 and 2778 of Title 22, Foreign Relations and Intercourse, section 185 of Title 30, Mineral Lands and Mining, and former sec- tions 4601 to 4606, 4609, 4610, 4614, 4615 to 4620, and 4622 of Title 50, War and National Defense, and enacting provisions set out as notes under section 5314 of Title 5 and former sections 4604, 4605, and 4617 of Title 50] may be cited as the ‘Export Administration Amend- ments Act of 1985’.’’ SHORT TITLE Pub. L. 97–290, title I, § 101, Oct. 8, 1982, 96 Stat. 1233, provided that: ‘‘This title [enacting this subchapter] may be cited as the ‘Export Trading Company Act of 1982’.’’ § 4002. Definitions (a) For purposes of this subchapter— (1) the term ‘‘export trade’’ means trade or commerce in goods or services produced in the United States which are exported, or in the course of being exported, from the United States to any other country; (2) the term ‘‘services’’ includes, but is not limited to, accounting, amusement, architec- tural, automatic data processing, business, communications, construction franchising and licensing, consulting, engineering, financial, insurance, legal, management, repair, tour- ism, training, and transportation services; (3) the term ‘‘export trade services’’ in- cludes, but is not limited to, consulting, inter- national market research, advertising, mar- keting, insurance, product research and de- sign, legal assistance, transportation, includ- ing trade documentation and freight for- warding, communication and processing of for- eign orders to and for exporters and foreign purchasers, warehousing, foreign exchange, fi- nancing, and taking title to goods, when pro- vided in order to facilitate the export of goods or services produced in the United States; (4) the term ‘‘export trading company’’ means a person, partnership, association, or similar organization, whether operated for profit or as a nonprofit organization, which does business under the laws of the United States or any State and which is organized and operated principally for purposes of— (A) exporting goods or services produced in the United States; or (B) facilitating the exportation of goods or services produced in the United States by unaffiliated persons by providing one or more export trade services; (5) the term ‘‘State’’ means any of the sev- eral States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; (6) the term ‘‘United States’’ means the sev- eral States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; and (7) the term ‘‘antitrust laws’’ means the antitrust laws as defined in section 12(a) of this title, section 45 of this title to the extent that section 45 of this title applies to unfair methods of competition, and any State anti- trust or unfair competition law. (b) The Secretary of Commerce may by regula- tion further define any term defined in sub- section (a), in order to carry out this sub- chapter. (Pub. L. 97–290, title I, § 103, Oct. 8, 1982, 96 Stat. 1234.) Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 4003. Office of Export Trade in Department of Commerce The Secretary of Commerce shall establish within the Department of Commerce an office to promote and encourage to the greatest extent feasible the formation of export trade associa- tions and export trading companies. Such office shall provide information and advice to inter- ested persons and shall provide a referral service to facilitate contact between producers of ex-