15 U.S.C. § 4723a — United States Commercial Centers

Page 2159 TITLE 15—COMMERCE AND TRADE § 4723a costs of activities under such a contract, and the cooperator shall undertake to support indirect costs of such activities. Activities under such a contract shall be carried out by the cooperator with the approval and assistance of the Sec- retary. (c) Cooperator partnership program (1) In general (A) As part of the Market Development Co- operator Program established under sub- section (a), the Secretary of Commerce shall establish a partnership program with coopera- tors under which a cooperator may detail indi- viduals, subject to the approval of the Sec- retary, to the United States and Foreign Com- mercial Service for a period of not less than 1 year or more than 2 years to supplement the Commercial Service. (B) Any individual detailed to the United States and Foreign Commercial Service under this subsection shall be responsible for such duties as the Secretary may prescribe in order to carry out the purpose of the Market Devel- opment Cooperator Program set forth in sub- section (a). (C) Individuals detailed to the United States and Foreign Commercial Service under this subsection shall not be considered to be em- ployees of the United States for the purposes of any law administered by the Office of Per- sonnel Management, except that the Secretary of State may determine the applicability to such individuals of section 2669(f) of title 22 and of any other law administered by the Sec- retary of State concerning the detail of such individuals abroad. (2) Qualifications of participants In order to qualify for the program estab- lished under this subsection, individuals shall have demonstrated expertise in the inter- national business arena in at least 2 of the fol- lowing areas: marketing, market research, and computer data bases. (3) Expenses of the program (A) The cooperator who details an individual to the United States and Foreign Commercial Service under this subsection shall be respon- sible for that individual’s salary and related expenses, including health care, life insurance, and other noncash benefits, if any, normally paid by such cooperator. (B) The Secretary of Commerce shall pay transportation and housing costs for each indi- vidual participating in the program estab- lished under this subsection. (d) Budget Act Contracts may be entered into under this sec- tion in a fiscal year only to such extent or in such amounts as are provided in appropriations Acts. (Pub. L. 100–418, title II, § 2303, Aug. 23, 1988, 102 Stat. 1342.) § 4723a. United States Commercial Centers (a) Establishment The Secretary of Commerce, in his or her role as chairperson of the Trade Promotion Coordi- nating Committee, is authorized and encouraged to establish United States Commercial Centers (hereinafter in this section referred to as ‘‘Cen- ters’’) in Asia, in Latin America, and in Africa. (b) Purpose of Centers The purpose of the Centers shall be to provide additional resources for the promotion of ex- ports of United States goods and services to the host countries, by familiarizing United States exporters with the industries, markets, and cus- toms of the host countries, thus facilitating commercial ties and trade. (c) Functions of Centers Each Center shall— (1) collect and publish economic and market data with respect to the host country; (2) provide, on a user-fee basis, preliminary technical and clerical assistance, language translation, and administrative assistance, and information regarding the legal systems, laws, regulations, and procedures of the host country, to United States exporters seeking to do business in the host country; and (3) in other ways promote exports of United States goods and services to the host country. (d) Specific services to be provided To carry out its objectives, each Center shall make available the following (on a user-fee basis): (1) Business facilities Business facilities, including exhibition space, conference rooms, office space (includ- ing telephones and other basic office equip- ment), and, where warranted by impeding defi- ciencies in the public system, high quality international telecommunications facilities. (2) Business services Business support services, including lan- guage translation services, clerical services, and a commercial library containing a com- prehensive collection of reference materials covering United States and host country in- dustries and markets. (3) Commercial law information services Commercial law information services, in- cluding— (A) a clearinghouse for information re- garding the relevant commercial laws, prac- tices, and regulations of the host country; (B) publications to assist United States businesses; (C) legal referral services; and (D) lists of local agents and distributors. (e) Other trade promotion activities Each Center shall also promote United States export trade by— (1) facilitating contacts between buyers, sellers, bankers, traders, distributors, agents, and necessary government officials from the United States and the host country; (2) coordinating trade missions; and (3) assisting with applications, contracts, and clearances for imports into the host coun- try and exports from the United States. (f) Staffing of Centers Each Center shall be staffed by members of the United States and Foreign Commercial Page 2160 TITLE 15—COMMERCE AND TRADE § 4724 Service, participants in the Market Develop- ment Cooperator Program established under sec- tion 4723 of this title, other employees of the De- partment of Commerce, and employees of appro- priate executive branch departments and agen- cies which are members of the Trade Promotion Coordinating Committee. (g) Center facilities and their relationship to United States Department of Commerce op- erations in host countries (1) Physical accommodations for the Centers The Secretary of Commerce shall locate each Center in the primary commercial city of the host country. The Secretary shall acquire office space, exhibition space, and other facili- ties and equipment that are necessary for each Center to perform its functions. To the extent feasible, each Center shall be located in the central commercial district of the host city. (2) Consolidation of Department of Commerce operations in host countries For the purpose of obtaining maximum ef- fectiveness and efficiency and to the extent consistent with the purposes of the Centers, the Secretary of Commerce is encouraged to place all personnel of the Department of Com- merce who are assigned to the city in which a Center is located in the same facilities as those in which the Center conducts its activi- ties. (h) Use of Market Development Cooperator Pro- gram The Secretary of Commerce shall, to the greatest extent feasible, use the Market Devel- opment Cooperator Program established under section 4723 of this title to assist in carrying out the purposes of the Centers established under this section. (i) Authorization of appropriations There are authorized to be appropriated to the Secretary of Commerce to carry out this section $8,000,000 for fiscal year 1993, and $5,500,000 for fiscal year 1994. Funds made available under this subsection may be used for the acquisition of real property. (j) Repealed. Pub. L. 104–66, title I, § 1021(b), Dec. 21, 1995, 109 Stat. 712 (k) Definitions For purposes of this section— (1) the term ‘‘United States exporter’’ means— (A) a United States citizen, (B) a corporation, partnership, or other as- sociation created under the laws of the United States or of any State, or (C) a foreign corporation, partnership, or other association, more than 95 percent of which is owned by persons described in sub- paragraphs (A) and (B), that exports, or seeks to export, goods or serv- ices produced in the United States; (2) the term ‘‘State’’ means any of the sev- eral States, the District of Columbia, or any commonwealth, territory, or possession of the United States; and (3) the term ‘‘United States’’ means the sev- eral States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (Pub. L. 102–549, title IV, § 401, Oct. 28, 1992, 106 Stat. 3661; Pub. L. 104–66, title I, § 1021(b), Dec. 21, 1995, 109 Stat. 712.) Editorial Notes CODIFICATION Section was enacted as part of the Jobs Through Ex- ports Act of 1992, and not as part of the Export En- hancement Act of 1988 which enacted this chapter. AMENDMENTS 1995—Subsec. (j). Pub. L. 104–66 struck out heading and text of subsec. (j). Text read as follows: ‘‘The Sec- retary of Commerce shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, not later than 1 year after October 28, 1992, and not later than the end of each 1-year period occur- ring thereafter, a report on the status, activities, and effectiveness of the Centers. Each such report shall in- clude any recommendations with respect to the pro- gram established under this section.’’ § 4724. Trade shows (a) Authority of Secretary of Commerce In order to facilitate exporting by United States businesses, the Secretary of Commerce shall provide assistance for trade shows in the United States which bring together representa- tives of United States businesses seeking to ex- port goods or services produced in the United States and representatives of foreign companies or governments seeking to buy such goods or services from these United States businesses. (b) Recipients of assistance Assistance under subsection (a) may be pro- vided to— (1) nonprofit industry organizations, (2) trade associations, (3) foreign trade zones, and (4) private industry firms or groups of firms in cases where no entity described in para- graph (1), (2), or (3) represents that industry, to provide the services necessary to operate trade shows described in subsection (a). (c) Assistance to small businesses In providing assistance under this section, the Secretary of Commerce shall, in consultation with the Administrator of the Small Business Administration, make special efforts to facili- tate participation by small businesses and com- panies new to export. (d) Uses of assistance Funds appropriated to carry out this section shall be used to— (1) identify potential participants for trade show organizers, (2) provide information on trade shows to po- tential participants, (3) supply language services for participants, and (4) provide information on trade shows to small businesses and companies new to export. (e) Definitions As used in this section—