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19 U.S.C. § 1864 — Import sanctions for export violations

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1864 — Import sanctions for export violations

Page 445 TITLE 19—CUSTOMS DUTIES § 1872 1 See References in Text note below. EX. ORD. NO. 11703. ASSIGNING POLICY DEVELOPMENT AND DIRECTING FUNCTIONS RESPECTING OIL IMPORT CON- TROL PROGRAM Ex. Ord. No. 11703, Feb. 7, 1973, 38 F.R. 3579, as amend- ed by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989, pro- vided: By virtue of the authority vested in me by the Con- stitution and statutes of the United States, including section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: SECTION 1. The Oil Policy Committee, as reconsti- tuted by this order, is hereby continued. SEC. 2. The Chairman of the Oil Policy Committee shall provide policy direction, coordination, and sur- veillance of the oil import control program established by Proclamation No. 3279 of March 10, 1959, as amended [set out below], including approval of regulations here- after issued pursuant to such proclamation. He shall perform those functions after receiving the advice of the Oil Policy Committee and in accordance with guid- ance from the Assistant to the President with responsi- bility in the area of economic affairs. SEC. 3. The Oil Policy Committee shall henceforth consist of the United States Trade Representative, chair, and the Secretaries of State, Treasury, Defense, the Interior, Commerce and Energy, the Attorney Gen- eral, and the Chairman of the Council of Economic Ad- visers, as members. The President may, from time to time, designate other officials to serve as members of the Committee. The Chairman may create subcommit- tees of the Committee to study and report to the Com- mittee concerning specified subject matters. SEC. 4. The Oil Policy Committee shall consult with and advise the Chairman on oil import polic

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Page 445 TITLE 19—CUSTOMS DUTIES § 1872 1 See References in Text note below. EX. ORD. NO. 11703. ASSIGNING POLICY DEVELOPMENT AND DIRECTING FUNCTIONS RESPECTING OIL IMPORT CON- TROL PROGRAM Ex. Ord. No. 11703, Feb. 7, 1973, 38 F.R. 3579, as amend- ed by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989, pro- vided: By virtue of the authority vested in me by the Con- stitution and statutes of the United States, including section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: SECTION 1. The Oil Policy Committee, as reconsti- tuted by this order, is hereby continued. SEC. 2. The Chairman of the Oil Policy Committee shall provide policy direction, coordination, and sur- veillance of the oil import control program established by Proclamation No. 3279 of March 10, 1959, as amended [set out below], including approval of regulations here- after issued pursuant to such proclamation. He shall perform those functions after receiving the advice of the Oil Policy Committee and in accordance with guid- ance from the Assistant to the President with responsi- bility in the area of economic affairs. SEC. 3. The Oil Policy Committee shall henceforth consist of the United States Trade Representative, chair, and the Secretaries of State, Treasury, Defense, the Interior, Commerce and Energy, the Attorney Gen- eral, and the Chairman of the Council of Economic Ad- visers, as members. The President may, from time to time, designate other officials to serve as members of the Committee. The Chairman may create subcommit- tees of the Committee to study and report to the Com- mittee concerning specified subject matters. SEC. 4. The Oil Policy Committee shall consult with and advise the Chairman on oil import policy, includ- ing the operation of the control program under Procla- mation No. 3279, as amended, and on recommendations for changes in the program by the issuance of new proc- lamations with respect to it, or otherwise. SEC. 5. Section 6 of Proclamation No. 3279 of March 10, 1959, as amended, is amended to read as follows: ‘‘SEC. 6. The Chairman of the Oil Policy Committee shall maintain a constant surveillance of imports of pe- troleum and its primary derivatives in respect to the national security and, after consultation with the Oil Policy Committee, he shall inform the President of any circumstances which, in the Chairman’s opinion might indicate the need for further Presidential action under section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862), as amended. In the event prices of crude oil or its products or derivatives should be increased after the ef- fective date of this proclamation, such surveillance shall include a determination as to whether such in- crease or increases are necessary to accomplish the na- tional security objectives of section 232 of the Trade Expansion Act of 1962, as amended, and of this procla- mation.’’ SEC. 6. So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions transferred by sections 2 and 5 of this order from the Director of the Office of Emergency Preparedness to the Deputy Secretary of the Treasury, as Chairman of the Oil Policy Committee, as the Director of the Office of Management and Budget shall determine, in con- formity with section 202(b) of the Budget and Account- ing Act of 1950 (31 U.S.C. 581c(b)), shall be transferred at such time or times as he shall direct for use in con- nection with the functions transferred. EXECUTIVE ORDER NO. 11743 Ex. Ord. No. 11743, Oct. 23, 1973, 38 F.R. 29459, formerly set out as a note under this section, which related to the continuation of the Oil Policy Committee, was su- perseded by Ex. Ord. No. 11775, Mar. 26, 1974, 39 F.R. 11415. EXECUTIVE ORDER NO. 12538 Ex. Ord. No. 12538, Nov. 15, 1985, 50 F.R. 47527, which related to imports of refined petroleum products from Libya, was revoked by Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665, listed in a table under section 1701 of Title 50, War and National Defense. § 1863. Repealed. Pub. L. 100–418, title I, § 1501(b)(2), Aug. 23, 1988, 102 Stat. 1259 Section, Pub. L. 93–618, title I, § 127(c), Jan. 3, 1975, 88 Stat. 1993, directed that reports to Congress be sub- mitted annually and within 60 days after any action was taken under section 1862 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal of section applicable with respect to inves- tigations initiated under section 1862(b) of this title on or after Aug. 23, 1988, see section 1501(d)(1) of Pub. L. 100–418, set out as an Effective Date of 1988 Amendment note under section 1862 of this title. § 1864. Import sanctions for export violations Any person who violates any national security export control imposed under section 4604 1 of title 50 or any regulation, order, or license issued under that section, may be subject to such controls on the importing of goods or tech- nology into the United States as the President may prescribe. (Pub. L. 87–794, title II, § 233, as added Pub. L. 99–64, title I, § 121, July 12, 1985, 99 Stat. 155; amended Pub. L. 100–418, title II, § 2447(a), Aug. 23, 1988, 102 Stat. 1370.) Editorial Notes REFERENCES IN TEXT Section 4604 of title 50, referred to in text, was re- pealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. AMENDMENTS 1988—Pub. L. 100–418 struck out designation ‘‘(a)’’ and struck out subsec. (b) which related to prerequisites to imposition of sanctions. PART V—ADMINISTRATIVE PROVISIONS § 1871. Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072 Section, Pub. L. 87–794, title II, § 241, Oct. 11, 1962, 76 Stat. 878, provided for appointment of Special Rep- resentative for Trade Negotiations. See section 2171 of this title. § 1872. Interagency trade organization (a) Establishment; functions; membership and composition; participation of representatives of other agencies; meetings (1) The President shall establish an inter- agency organization. (2) The functions of the organization are— (A) to assist, and make recommendations to, the President in carrying out the functions vested in him by the trade laws and to advise the United States Trade Representative (here- inafter in this section referred to as the ‘‘Trade Representative’’) in carrying out the functions set forth in section 2171 of this title; (B) to assist the President, and advise the Trade Representative, with respect to the de-

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1862 — Safeguarding national security

**(a) Prohibition on decrease or elimination of duties or other import restrictions if such reduction or elimination would threaten to impair national security** No action shall be taken pursuant to [section 1821(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1821/a&num=0&edition=prelim) or pursuant to [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1351&num=0&edition=prelim) to decrease or eliminate the duty or other import restrictions on any article if the President determines that such reduction or elimination would threaten to impair the national security. **(b) Investigations by Secretary of Commerce to determine effects on national security of imports of articles; consultation with Secretary of Defense and other officials; hearings; assessment of defense requirements; report to President; publication in Federal Register; promulgation of regulations** (1) (A) Upon request of the head of any department or agency, upon application of an interested party, or upon his own motion, the Secretary of Commerce (hereafter in this section referred to as the “Secretary”) shall immediately initiate an appropriate investigation to determine the effects on the national security of imports of the article which is the subject of such request, application, or motion. (B) The Secretary shall immediately provide notice to the Secretary of Defense of any investigation initiated under this section. (2) (A) In the course of any investigation conducted under this subsection, the Secretary shall— (i) consult with the Secretary of Defense regarding the methodological and policy questions raised in any investigation initiated under paragraph (1), (ii) seek informatio

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1862 — Safeguarding national security

Page 441 TITLE 19—CUSTOMS DUTIES § 1862 § 1822. Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072 Section, Pub. L. 87–794, title II, § 202, Oct. 11, 1962, 76 Stat. 872, made special provision for low-rate articles. § 1823. Waiver of limitation on decrease in duty and negotiation and staging requirements for dicyandiamide and limestone For purposes of the Trade Expansion Act of 1962 [19 U.S.C. 1801 et seq.], section 201(b)(1) [19 U.S.C. 1821(b)(1)] (relating to limit on decrease in duty), sections 221, 223, and 224 [19 U.S.C. 1841, 1843, 1844] (relating to certain requirements con- cerning negotiations), and section 253 [19 U.S.C. 1883] (relating to staging requirements) of such Act shall not apply with respect to dicyandiamide provided for in item 425.40 of the Tariff Schedules of the United States, and shall not apply with respect to limestone, when im- ported to be used in the manufacture of cement, provided for in item 513.34 of such Schedules. (Pub. L. 90–14, May 5, 1967, 81 Stat. 14.) Editorial Notes REFERENCES IN TEXT The Trade Expansion Act of 1962, referred to in text, is Pub. L. 87–794, Oct. 11, 1962, 76 Stat. 872, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. Sections 221, 223, 224 and 253 of the Trade Expansion Act of 1962, referred to in text, were repealed by Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072. The Tariff Schedules of the United States, referred to in text, to be treated as a reference to the Harmonized Tariff Schedule pursuant to section 3012 of this title. The Harmonized Tariff Schedule is not set out in the Code. See Publication of Harm

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1864 — Import sanctions for export violations

Any person who violates any national security export control imposed under section 4604 11 See References in Text note below. of title 50 or any regulation, order, or license issued under that section, may be subject to such controls on the importing of goods or technology into the United States as the President may prescribe.

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