15 U.S.C. § 715d — Enforcement of chapter

Page 1183 TITLE 15—COMMERCE AND TRADE § 715d § 715a. Definitions As used in this chapter— (1) The term ‘‘contraband oil’’ means petro- leum which, or any constituent part of which, was produced, transported, or withdrawn from storage in excess of the amounts permitted to be produced, transported, or withdrawn from storage under the laws of a State or under any regulation or order prescribed thereunder by any board, commission, officer, or other duly authorized agency of such State, or any of the products of such petroleum, except petroleum or any of its constituent parts, title to which has been acquired by a State pursuant to its laws. (2) The term ‘‘products’’ or ‘‘petroleum prod- ucts’’ includes any article produced or derived in whole or in part from petroleum or any product thereof by refining, processing, manu- facturing, or otherwise. (3) The term ‘‘interstate commerce’’ means commerce between any point in a State and any point outside thereof, or between points within the same State but through any place outside thereof, or from any place in the United States to a foreign country, but only insofar as such commerce takes place within the United States. (4) The term ‘‘person’’ includes an indi- vidual, partnership, corporation, or joint- stock company, (Feb. 22, 1935, ch. 18, § 2, 49 Stat. 30; Pub. L. 89–644, Oct. 13, 1966, 80 Stat. 890.) Editorial Notes AMENDMENTS 1966—Pub. L. 89–644 inserted provisions in par. (1) ex- empting petroleum or any of its constituent parts, title to which has been acquired by a State pursuant to its laws. § 715b. Interstate transportation of contraband oil forbidden The shipment or transportation in interstate commerce from any State of contraband oil pro- duced in such State is prohibited. For the pur- poses of this section contraband oil shall not be deemed to have been produced in a State if none of the petroleum constituting such contraband oil, or from which it was produced or derived, was produced, transported, or withdrawn from storage in excess of the amounts permitted to be produced, transported, or withdrawn from stor- age under the laws of such State or under any regulation or order prescribed thereunder by any board, commission, officer, or other duly authorized agency of such State. (Feb. 22, 1935, ch. 18, § 3, 49 Stat. 31.) § 715c. Suspension of operation of section 715b of this title Whenever the President finds that the amount of petroleum and petroleum products moving in interstate commerce is so limited as to be the cause, in whole or in part, of a lack of parity be- tween supply (including imports and reasonable withdrawals from storage) and consumptive de- mand (including exports and reasonable addi- tions to storage) resulting in an undue burden on or restriction of interstate commerce in pe- troleum and petroleum products, he shall by proclamation declare such finding, and there- upon the provisions of section 715b of this title shall be inoperative until such time as the President shall find and by proclamation declare that the conditions which gave rise to the sus- pension of the operation of the provisions of such section no longer exist. If any provision of this section or the application thereof shall be held to be invalid, the validity of application of section 715b of this title shall not be affected thereby. (Feb. 22, 1935, ch. 18, § 4, 49 Stat. 31.) § 715d. Enforcement of chapter (a) Rules and regulations The President shall prescribe such regulations as he finds necessary or appropriate for the en- forcement of the provisions of this chapter, in- cluding but not limited to regulations requiring reports, maps, affidavits, and other documents relating to the production, storage, refining, processing, transporting, or handling of petro- leum and petroleum products, and providing for the keeping of books and records, and for the in- spection of such books and records and of prop- erties and facilities. (b) Certificate of clearance for petroleum and pe- troleum products Whenever the President finds it necessary or appropriate for the enforcement of the provi- sions of this chapter he shall require certificates of clearance for petroleum and petroleum prod- ucts moving or to be moved in interstate com- merce from any particular area, and shall estab- lish a board or boards for the issuance of such certificates. A certificate of clearance shall be issued by a board so established in any case where such board determines that the petroleum or petroleum products in question does not con- stitute contraband oil. Denial of any such cer- tificate shall be by order of the board, and only after reasonable opportunity for hearing. When- ever a certificate of clearance is required for any area in any State, it shall be unlawful to ship or transport petroleum or petroleum products in interstate commerce from such area unless a certificate has been obtained therefor. (c) Review of order of denial of certificate of clearance Any person whose application for a certificate of clearance is denied may obtain a review of the order denying such application in the United States District Court for the district wherein the board is sitting by filing in such court with- in thirty days after the entry of such order a written petition praying that the order of the board be modified or set aside, in whole or in part. A copy of such petition shall be forthwith served upon the board, and thereupon the board shall certify and file in the court a transcript of the record upon which the order complained of was entered. Upon the filing of such transcript, such court shall have jurisdiction to affirm, modify, or set aside such order, in whole or in part. No objection to the order of the board shall be considered by the court unless such objection Page 1184 TITLE 15—COMMERCE AND TRADE § 715e shall have been urged before the board. The find- ing of the board as to the facts, if supported by evidence, shall be conclusive. The judgment and decree of the court shall be final, subject to re- view as provided in sections 1254, 1291, and 1292 of title 28. (Feb. 22, 1935, ch. 18, § 5, 49 Stat. 31.) Editorial Notes CODIFICATION In subsec. (c), ‘‘sections 1254, 1291, and 1292 of title 28’’ substituted for ‘‘sections 128 and 240 of the Judicial Code, as amended [28 U.S.C. 225 and 347]’’ on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Proce- dure. § 715e. Penalties for violation of chapter Any person knowingly violating any provision of this chapter or any regulation prescribed thereunder shall upon conviction be punished by a fine of not to exceed $2,000 or by imprisonment for not to exceed six months, or by both such fine and imprisonment. (Feb. 22, 1935, ch. 18, § 6, 49 Stat. 32.) § 715f. Forfeiture of contraband oil shipped in violation of law; procedure (a) Seizure procedure; return of contraband oil Contraband oil shipped or transported in interstate commerce in violation of the provi- sions of this chapter shall be liable to be pro- ceeded against in any district court of the United States within the jurisdiction of which the same may be found, and seized for forfeiture to the United States by a process of libel for condemnation; but in any such case the court may in its discretion, and under such terms and conditions as it shall prescribe, order the return of such contraband oil to the owner thereof where undue hardship would result from such forfeiture. The proceedings in such cases shall conform as nearly as may be to proceedings in rem in admiralty, except that either party may demand a trial by jury of any issue of fact joined in any such case, and all such proceedings shall be at the suit of and in the name of the United States. Contraband oil forfeited to the United States as provided in this section shall be used or disposed of pursuant to such rules and regula- tions as the President shall prescribe. (b) Certificates of clearance No such forfeiture shall be made in the case of contraband oil owned by any person (other than a person shipping such contraband oil in viola- tion of the provisions of this chapter) who has with respect to such contraband oil a certificate of clearance which on its face appears to be valid and to have been issued by a board created under authority of section 715d of this title, cer- tifying that the shipment in question is not con- traband oil, and such person had no reasonable ground for believing such certificate to be in- valid or to have been issued as a result of fraud or misrepresentation of fact. (Feb. 22, 1935, ch. 18, § 7, 49 Stat. 32.) § 715g. Refusal of carrier to accept shipment without certificate of clearance; certificate as justifying acceptance of shipment No common carrier who shall refuse to accept petroleum or petroleum products from any area in which certificates of clearance are required under authority of this chapter, by reason of the failure of the shipper to deliver such a certifi- cate to such carrier, or who shall refuse to ac- cept any petroleum or petroleum products when having reasonable ground for believing that such petroleum or petroleum products con- stitute contraband oil, shall be liable on account of such refusal for any penalties or damages. No common carrier shall be subject to any penalty under section 715e of this title in any case where (1) such carrier has a certificate of clearance which on its face appears to be valid and to have been issued by a board created under authority of section 715d of this title, certifying that the shipment in question is not contraband oil, and such carrier had no reasonable ground for be- lieving such certificate to be invalid or to have been issued as a result of fraud or misrepresen- tation of fact, or (2) such carrier, as respects any shipment originating in any area where certifi- cates of clearance are not required under au- thority of this chapter, had no reasonable ground for believing such petroleum or petro- leum products to constitute contraband oil. (Feb. 22, 1935, ch. 18, § 8, 49 Stat. 32.) § 715h. Hearings and investigation by boards; ap- pointment of board and employees (a) Hearings Any board established under authority of sec- tion 715d of this title, and any agency designated under authority of section 715j of this title, may hold and conduct such hearings, investigations, and proceedings as may be necessary for the purposes of this chapter, and for such purposes those provisions of section 78u of this title relat- ing to the administering of oaths and affirma- tions, and to the attendance and testimony of witnesses and the production of evidence (in- cluding penalties), shall apply. (b) Appointments The members of any board established under authority of section 715d of this title shall be ap- pointed by the President, subject to chapter 51 and subchapter III of chapter 53 of title 5; and any such board may appoint, subject to chapter 51 and subchapter III of chapter 53 of title 5, such employees as may be necessary for the exe- cution of its functions under this chapter. (Feb. 22, 1935, ch. 18, § 9, 49 Stat. 33; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972.) Editorial Notes CODIFICATION Provisions of subsec. (b) that authorized appoint- ments ‘‘without regard to the civil service laws’’ omit- ted as obsolete and superseded. Such appointments are now subject to the civil service laws unless specifically excepted by those laws or by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the President pursuant to the Act of Nov. 26, 1940, ch. 919, title I, § 1, 54 Stat. 1211, which covered most excepted