§ 4013. — Issuance of certificate.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC4013]
TITLE 15--COMMERCE AND TRADE
CHAPTER 66--PROMOTION OF EXPORT TRADE
SUBCHAPTER II--EXPORT TRADE CERTIFICATES OF REVIEW
Sec. 4013. Issuance of certificate
(a) Requirements
A certificate of review shall be issued to any applicant that
establishes that its specified export trade, export trade activities,
and methods of operation will--
(1) result in neither a substantial lessening of competition or
restraint of trade within the United States nor a substantial
restraint of the export trade of any competitor of the applicant,
(2) not unreasonably enhance, stabilize, or depress prices
within the United States of the goods, wares, merchandise, or
services of the class exported by the applicant,
(3) not constitute unfair methods of competition against
competitors engaged in the export of goods, wares, merchandise, or
services of the class exported by the applicant, and
(4) not include any act that may reasonably be expected to
result in the sale for consumption or resale within the United
States of the goods, wares, merchandise, or services exported by the
applicant.
(b) Time for determination; specification in certificate
Within ninety days after the Secretary receives an application for a
certificate of review, the Secretary shall determine whether the
applicant's export trade, export trade activities, and methods of
operation meet the standards of subsection (a) of this section. If the
Secretary, with the concurrence of the Attorney General, determines that
such standards are met, the Secretary shall issue to the applicant a
certificate of review. The certificate of review shall specify--
(1) the export trade, export trade activities, and methods of
operation to which the certificate applies,
(2) the person to whom the certificate of review is issued, and
(3) any terms and conditions the Secretary or the Attorney
General deems necessary to assure compliance with the standards of
subsection (a) of this section.
(c) Expedited action
If the applicant indicates a special need for prompt disposition,
the Secretary and the Attorney General may expedite action on the
application, except that no certificate of review may be issued within
thirty days of publication of notice in the Federal Register under
section 4012(b)(1) of this title.
(d) Notification of denial; request for reconsideration
(1) If the Secretary denies in whole or in part an application for a
certificate, he shall notify the applicant of his determination and the
reasons for it.
(2) An applicant may, within thirty days of receipt of notification
that the application has been denied in whole or in part, request the
Secretary to reconsider the determination. The Secretary, with the
concurrence of the Attorney General, shall notify the applicant of the
determination upon reconsideration within thirty days of receipt of the
request.
(e) Return of documents upon request after denial
If the Secretary denies an application for the issuance of a
certificate of review and thereafter receives from the applicant a
request for the return of documents submitted by the applicant in
connection with the application for the certificate, the Secretary and
the Attorney General shall return to the applicant, not later than
thirty days after receipt of the request, the documents and all copies
of the documents available to the Secretary and the Attorney General,
except to the extent that the information contained in a document has
been made available to the public.
(f) Fraudulent procurement of certificate
A certificate shall be void ab initio with respect to any export
trade, export trade activities, or methods of operation for which a
certificate was procured by fraud.
(Pub. L. 97-290, title III, Sec. 303, Oct. 8, 1982, 96 Stat. 1241.)
Effective Date
Section effective 90 days after effective date of rules and
regulations first promulgated under section 4020 of this title, see
section 312(b) of Pub. L. 97-290 set out as a note under section 4011 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 4014, 4016, 4017 of this
title.
