15 U.S.C. § 61 — Export trade; definitions

Page 99 TITLE 15—COMMERCE AND TRADE § 65 45, 46, 50, 57a, and 57c of this title, and enacting provi- sions set out as notes under sections 45, 46, 57a, 57a–1, and 57c of this title] may be cited as the ‘Federal Trade Commission Improvements Act of 1980’.’’ SUBCHAPTER II—PROMOTION OF EXPORT TRADE § 61. Export trade; definitions The words ‘‘export trade’’ wherever used in this subchapter mean solely trade or commerce in goods, wares, or merchandise exported, or in the course of being exported from the United States or any Territory thereof to any foreign nation; but the words ‘‘export trade’’ shall not be deemed to include the production, manufac- ture, or selling for consumption or for resale, within the United States or any Territory there- of, of such goods, wares, or merchandise, or any act in the course of such production, manufac- ture, or selling for consumption or for resale. The words ‘‘trade within the United States’’ wherever used in this subchapter mean trade or commerce among the several States or in any Territory of the United States, or in the District of Columbia, or between any such Territory and another, or between any such Territory or Terri- tories and any State or States or the District of Columbia, or between the District of Columbia and any State or States. The word ‘‘association’’ wherever used in this subchapter means any corporation or combina- tion, by contract or otherwise, of two or more persons, partnerships, or corporations. (Apr. 10, 1918, ch. 50, § 1, 40 Stat. 516.) § 62. Export trade and antitrust legislation Nothing contained in the Sherman Act [15 U.S.C. 1 et seq.] shall be construed as declaring to be illegal an association entered into for the sole purpose of engaging in export trade and ac- tually engaged solely in such export trade, or an agreement made or act done in the course of ex- port trade by such association, provided such as- sociation, agreement, or act is not in restraint of trade within the United States, and is not in restraint of the export trade of any domestic competitor of such association: Provided, That such association does not, either in the United States or elsewhere, enter into any agreement, understanding, or conspiracy, or do any act which artificially or intentionally enhances or depresses prices within the United States of commodities of the class exported by such asso- ciation, or which substantially lessens competi- tion within the United States or otherwise re- strains trade therein. (Apr. 10, 1918, ch. 50, § 2, 40 Stat. 517.) Editorial Notes CODIFICATION ‘‘Sherman Act [15 U.S.C. 1 et seq.]’’ substituted in text for ‘‘Act entitled ‘An Act to protect trade and commerce against unlawful restraints and monopolies,’ approved July second, eighteen hundred and ninety’’ on authority of the enacting clause of that Act set out as a Short Title note under section 1 of this title. § 63. Acquisition of stock of export trade corpora- tion Nothing contained in section 18 of this title shall be construed to forbid the acquisition or ownership by any corporation of the whole or any part of the stock or other capital of any cor- poration organized solely for the purpose of en- gaging in export trade, and actually engaged solely in such export trade, unless the effect of such acquisition or ownership may be to re- strain trade or substantially lessen competition within the United States. (Apr. 10, 1918, ch. 50, § 3, 40 Stat. 517.) § 64. Unfair methods of competition in export trade The prohibition against ‘‘unfair methods of competition’’ and the remedies provided for en- forcing said prohibition contained in the Federal Trade Commission Act [15 U.S.C. 41 et seq.] shall be construed as extending to unfair methods of competition used in export trade against com- petitors engaged in export trade, even though the acts constituting such unfair methods are done without the territorial jurisdiction of the United States. (Apr. 10, 1918, ch. 50, § 4, 40 Stat. 517.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables. CODIFICATION ‘‘Federal Trade Commission Act [15 U.S.C. 41 et seq.]’’ substituted in text for ‘‘Act entitled ‘An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes,’ approved September twenty-sixth, nineteen hundred and fourteen’’ on au- thority of section 18 of that Act [15 U.S.C. 58]. § 65. Information required from export trade cor- poration; powers of Federal Trade Commis- sion Every association which engages solely in ex- port trade, within thirty days after its creation, shall file with the Federal Trade Commission a verified written statement setting forth the lo- cation of its offices or places of business and the names and addresses of all its officers and of all its stockholders or members, and if a corpora- tion, a copy of its certificate or articles of incor- poration and bylaws, and if unincorporated, a copy of its articles or contract of association, and on the 1st day of January of each year every association engaged solely in export trade shall make a like statement of the location of its of- fices or places of business and the names and ad- dresses of all its officers and of all its stock- holders or members and of all amendments to and changes in its articles or certificate of in- corporation or in its articles or contract of asso- ciation. It shall also furnish to the Commission such information as the Commission may re- quire as to its organization business, conduct, practices, management, and relation to other