§ 155. — Authority of registrar in obtaining evidence.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC155]
TITLE 15--COMMERCE AND TRADE
CHAPTER 4--CHINA TRADE
Sec. 155. Authority of registrar in obtaining evidence
(a) Subpena for attendance of witness and production of records, etc.
For the efficient administration of the functions vested in the
registrar by this chapter, he may require, by subpoena issued by him or
under his direction, (1) the attendance of any witness and the
production of any book, paper, document, or other evidence from any
place in China at any designated place of hearing in China, or, if the
witness is actually resident or temporarily sojourning outside of China,
at any designated place of hearing within fifty miles of the actual
residence or place of sojourn of such witness, and (2) the taking of a
deposition before any designated person having power to administer
oaths. In the case of a deposition, the testimony shall be reduced to
writing by the person taking the deposition or under his direction, and
shall then be subscribed by the deponent. The registrar, or any officer,
employee, or agent of the United States authorized in writing by him,
may administer oaths and examine any witness. Any witness summoned or
whose deposition is taken under this section shall be paid the same fees
and mileage as are paid witnesses in the courts of the United States.
(b) Aid of Federal district court
In the case of failure to comply with any subpoena or in the case of
the contumacy of any witness before the registrar or any individual so
authorized by him, the registrar or such individual may invoke the aid
of any Federal district court. Such court may thereupon order the
witness to comply with the requirements of such subpoena and to give
evidence touching the matter in question. Any failure to obey such order
may be punished by such court as a contempt thereof.
(c) Repealed. Pub. L. 91-452, title II, Sec. 217, Oct. 15, 1970, 84
Stat. 929
(d) Access of registrar or his employee to books and records
For the efficient administration of the functions vested in the
registrar by this chapter, he, or any officer, employee, or agent of the
United States authorized in writing by him, shall at all reasonable
times, for the purpose of examination, have access to and the right to
copy any book, account, record, paper, or correspondence relating to the
business or affairs of a China Trade Act corporation. Any person who
upon demand refuses the registrar, or any duly authorized officer,
employee, or agent, such access or opportunity to copy, or hinders,
obstructs, or resists him in the exercise of such right, shall be liable
to a penalty of not more than $5,000 for each such offense. Such penalty
shall be recoverable in a civil suit brought in the name of the United
States.
(Sept. 19, 1922, ch. 346, Sec. 15, 42 Stat. 853; Pub. L. 91-452, title
II, Sec. 217, Oct. 15, 1970, 84 Stat. 929.)
Amendments
1970--Subsec. (c). Pub. L. 91-452 struck out subsec. (c) which
granted immunity from prosecution for any natural person testifying in
obedience to a subpoena.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-452 effective on sixtieth day following Oct.
15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective
Date; Savings Provision note under section 6001 of Title 18, Crimes and
Criminal Procedure.
Savings Provision
Amendment by Pub. L. 91-452 not to affect any immunity to which any
individual is entitled under this section by reason of any testimony
given before the sixtieth day following Oct. 15, 1970, see section 260
of Pub. L. 91-452, set out as an Effective Date; Savings Provision note
under section 6001 of Title 18, Crimes and Criminal Procedure.
