United States Code

§§ 101-124, 62 Stat. 137-156, as amended, which was repealed by acts Oct. 10, 1951, ch. 479, title V, § 503(b)(1), as added June 20, 1952, ch. 449, § 7(c), 66 Stat. 144, and Aug. 26, 1954, ch. 937, title V, § 542 (a) (4), (6) and (9)— (11), 68 Stat. 861. See chapter 32 of Title 22, Foreign

Relations and Intercourse.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2312, 2313, 2316 of this Appendix.

§ 2316. Use of repayment funds; limitation.

(a) Any sums payable by the Government of India, under the interest terms agreed to between the Government of the United States and the Government of India, on or before January 1, 1957, as interest on the principal of any debt incurred under this Act [sections 2311 to 2316 of this Appendix], and not to exceed a total of $5,000,000, shall, when paid, be placed in a special deposit account in the Treasury of the United States, notwithstanding any other provisions of law, to remain available until expended. This account shall be available to the Department of State for the following uses:

(1) Studies, instruction, technical training, and other educational activities in the United States and in its Territories or possessions (A) for students, professors, other academic persons, and technicians who are citizens of India, and (B) with the approval of appropriate agencies, institutions, or organizations in India, for students, professors, other academic persons, and technicians who are citizens of the United States to participate in similar activities in India, including in both cases travel expenses, tuition, subsistence and other allowances and expenses incident to such activities; and

(2) The selection, purchase, and shipment of (A) American scientific, technical, and scholarly books and books of American literature for higher educational and research institutions of India, (B) American laboratory and technical equipment for higher education and research in India, and (C) the interchange of similar materials and equipment from India for higher education and research in the United States.

(b) Funds made available in accordance with the provisions stated above may be used to defray costs of administering the program authorized herein.

(c) Disbursements from the special deposit account shall be made by the Division of Disbursement of the Treasury Department, upon vouchers duly certified by the Secretary of State or by authorized certifying officers of the Department of State. (June 15, 1951, ch. 138, § 7, 65 Stat. 71.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2312, 2313, 2316 of this Appendix.

KOREAN COMBAT PAY

ACT JULY 10, 1952, CH. 630, TITLE VII,
66 STAT. 538

88 2351 to 2356. Repealed. Pub. L. 88-132, § 9(b), Oct. 2, 1963, 77 Stat. 216.

Sections, act July 19, 1952, ch. 630, title VII, §§ 702707, 66 Stat. 538, 539, designated the Combat Duty Pay Act of 1953 by section 701 of such act July 10, 1952, related to: definitions of "uniformed services", "member", "officer", "secretary", "incentive pay", "special

pay", "combat unit", "actual combat on land", "military unit" and "Korea"; conditions governing payments, service; death or injury, missing-in-action; limitations; regulations; and determinations of fact, conclusiveness and availability of appropriations, respectively.

EFFECTIVE DATE OF REPEAL

Repeal of sections 2351-2356 of this Appendix effective Oct. 1, 1963, see section 14 of Pub. L. 88-132, set out as a note under section 201 of Title 37, Pay and Allowances of the Uniformed Services.

WORLD WAR II LICENSE AGREEMENTS

ACT AUG. 16, 1950, CH. 716, 64 STAT. 448 Sec. 2371. Modification or cancellation of certain license agreements granted Government during World War II.

§ 2371. Modification or cancellation of certain license agreements granted Government during World War II.

Notwithstanding any other provision of law, the head of any department or other agency in the executive branch of the Government which subsequent to September 9, 1939, entered into any contract or agreement with the holder of any privately owned patent or any right thereunder whereby such holder granted to the United States, without payment of royalty or with reduction or limitation of royalty, any license under such patent or right, is authorized, upon application of the grantor of such license, to enter into such supplemental contract or agreement for the cancellation of the contract or agreement by which such license was granted as the head of such department or agency shall deem to be warranted by equities existing by reason of changes in circumstances occurring since the granting of such license. (Aug. 16, 1950, ch. 716, 64 Stat. 448.)

out to the extent authorized under the provisions of this Act [sections 2391 to 2394 of this Appendix] a program of repairing, modernizing, or converting such merchant-type vessels in the national defense reserve under the jurisdiction of the Secretary of Commerce as may be necessary to provide for the purpose of national defense an adequate and ready reserve fleet of merchant and auxiliary vessels. (Aug. 20, 1954, ch. 777, § 3, 68 Stat. 754.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2391, 2393, 2394 of this Appendix.

§ 2393. Contracting authorization; bids.

The Secretary of Commerce shall, before July 1, 1958, enter into such contracts for the repair, modernization, and conversion of vessels as may be necessary to carry out the provisions of this Act [sections 2391 to 2394 of this Appendix]. Such contracts (1) may provide for the expenditure by the United States of not more than $25,000,000, (2) shall be with private shipbuilding or ship repair yards on the Atlantic, Pacific, and gulf coasts of the United States, (3) shall be entered into in accordance with applicable provisions of the Federal Property and Administrative Services Act of 1949 [chapters 10 and 16 of Title 40, chapter 4 of Title 41 and chapters 21, 25, 27, 29, and 31 of Title 44]. In entering into such contracts the Secretary of Commerce shall not alter the present Maritime Administration policy of inviting single bids or split bids or both for drydock and nondrydock work. (Aug. 20, 1954, ch. 777, § 4, 68 Stat. 754; Aug. 6, 1956, ch. 1012, 70 Stat. 1067.)

AMENDMENTS

1956-Joint resolution Aug. 6, 1956, substituted "before July 1, 1958" for "within twenty-four months after date of enactment of this act [August 20, 1954], in the first sentence.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2391, 2392, 2394 of this Appendix.

§ 2394. Appropriation authorization.

There are authorized to be appropriated such sums not in excess of $25,000,000 as may be necessary to carry out the provisions of this Act [sections 2391 to 2394 of this Appendix]. (Aug. 20, 1954, ch. 777, § 5, 68 Stat. 755.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2391 to 2393 of this Appendix.

Sec.

2405.

2406.

Violations and penalties.

(a) Generally; subsequent offenses.

(b) Export to Communist-dominated nations;
penalties.

(e) Discretion to refund civil penalty.

(f) Action for recovery of civil penalty. (g) Availability of other remedies. Enforcement.

(a) Compliance with requirements; subpena of witnesses and records.

(b) Self-incrimination; exception.

(c) Disclosure of confidential information. (d) Simplification of reporting requirements. 2407. Exemption from administrative procedure and judicial review provisions.

§ 2401. Congressional findings.

The Congress makes the following findings: (1) The availability of certain materials at home and abroad varies so that the quantity and composition of United States exports and their distribution among importing countries may affect the welfare of the domestic economy and may have an important bearing upon fulfillment of the foreign policy of the United States.

(2) The unrestricted export of materials, information, and technology without regard to whether they make a significant contribution to the military potential of any other nation or nations may adversely affect the national security of the United States.

(3) The unwarranted restriction of exports from the United States has a serious adverse effect on our balance of payments.

(4) The uncertainty of policy toward certain categories of exports has curtailed the efforts of American business in those categories to the detriment of the overall attempt to improve the trade balance of the United States. (Pub. L. 91-184, § 2, Dec. 30, 1969. 83 Stat. 841.)

SHORT TITLE

Section 1 of Pub. L. 91-184 provided that: "This Act [enacting sections 2401 to 2413 of this Appendix] may be cited as the 'Export Administration Act of 1969'."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2403 to 2413 of this Appendix.

§ 2402. Congressional declaration of policy.

The Congress makes the following declarations: (1) It is the policy of the United States both (A) to encourage trade with all countries with which we have diplomatic or trading relations, except those countries with which such trade has been determined by the President to be against the national interest, and (B) to restrict the export of goods and technology which would make a significant contribution to the military potential of any other nation or nations which would prove detrimental to the national security of the United States.

(2) It is the policy of the United States to use export controls (A) to the extent necessary to protect

the domestic economy from the excessive drain of scarce materials and to reduce the serious inflationary impact of abnormal foreign demand, (B) to the extent necessary to further significantly the foreign policy of the United States and to fulfill its international responsibilities, and (C) to the extent necessary to exercise the necessary vigilance over exports from the standpoint of their significance to the national security of the United States.

(3) It is the policy of the United States (A) to formulate, reformulate, and apply any necessary controls to the maximum extent possible in cooperation with all nations with which the United States has defense treaty commitments, and (B) to formulate a unified trade control policy to be observed by all such nations.

(4) It is the policy of the United States to use its economic resources and trade potential to further the sound growth and stability of its economy as well as to further its national security and foreign policy objectives.

(5) It is the policy of the United States (A) to oppose restrictive trade practices or boycotts fostered or imposed by foreign countries against other countries friendly to the United States, and (B) to encourage and request domestic concerns engaged in the export of articles, materials, supplies, or information, to refuse to take any action, including the furnishing of information or the signing of agreements, which has the effect of furthering or supporting the restrictive trade practices or boycotts fostered or imposed by any foreign country against another country friendly to the United States. (Pub. L. 91-184, § 3, Dec. 30, 1969, 83 Stat. 841.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2403 to 2413 of this Appendix.

§ 2403. Authority to effectuate policy.

(a) Secretary of Commerce.

(1) The Secretary of Commerce shall institute such organizational and procedural changes in any office or division of the Department of Commerce which has heretofore exercised functions relating to the control of exports and continues to exercise such controls under this Act [sections 2401 to 2413 of this Appendix] as he determines are necessary to facilitate and effectuate the fullest implementation of the policy set forth in this Act [sections 2401 to 2413 of this Appendix] with a view to promoting trade with all nations with which the United States is engaged in trade, including trade with (A) those countries or groups of countries with which other countries or groups of countries having defense treaty commitments with the United States have a significantly larger percentage of volume of trade than does the United States, and (B) other countries eligible for trade with the United States but not significantly engaged in trade with the United States. In addition, the Secretary shall review any list of articles, materials, or supplies, including technical data or other information, the exportation of which from the United States, its territories and possessions, was heretofore prohibited or curtailed with a view to making promptly such changes and revisions in such list as may be necessary or desirable in furtherance of

the policy, purposes, and provisions of this Act [sections 2401 to 2413 of this Appendix]. The Secretary shall include a detailed statement with respect to actions taken in compliance with the provisions of this paragraph in the second quarterly report (and in any subsequent report with respect to actions taken during the preceding quarter) made by him to the Congress after the date of enactment of this Act [December 30, 1969] pursuant to section 10 [section 2409 of this Appendix].

(2) The Secretary of Commerce shall use all practicable means available to him to keep the business sector of the Nation fully apprised of changes in export control policy and procedures instituted in conformity with this Act [sections 2401 to 2413 of this Appendix] with a view to encouraging the widest possible trade.

(b) Presidential determinations; rules and regulations.

To effectuate the policies set forth in section 3 of this Act [section 2402 of this Appendix], the President may prohibit or curtail the exportation from the United States, its territories and possessions, of any articles, materials, or supplies, including technical data or any other information, except under such rules and regulations as he shall prescribe. To the extent necessary to achieve effective enforcement of this Act [sections 2401 to 2413 of this Appendix], these rules and regulations may apply to the financing, transporting, and other servicing of exports ard the participation therein by any person. Rules and regulations may provide for denial of any request or application for authority to export articles, materials, or supplies, including technical data, or any other information, from the United States, its territories and possessions, to any nation or combination of nations threatening the national security of the United States if the President determines that their export would prove detrimental to the national security of the United States, regardless of their availability from nations other than any nation or combination of nations threatening the national security of the United States, but whenever export licenses are required on the ground that considerations of national security override considerations of foreign availability, the reasons for so doing shall be reported to the Congress in the quarterly report following the decision to require such licenses on that ground to the extent considerations of national security and foreign policy permit. The rules and regulations shall implement the provisions of section 3 (5) of this Act [section 2402(5) of this Appendix] and shall require that all domestic concerns receiving requests for the furnishing of information or the signing of agreements as specified in that section must report this fact to the Secretary of Commerce for such action as he may deem appropriate to carry out the purposes of that section.

Nothing in this Act [sections 2401 to 2413 of this Appendix] or in the rules and regulations authorized by it, shall in any way be construed to require authority and permission to export articles, materials,

supplies, data, or information except where the national security, the foreign policy of the United States, or the need to protect the domestic economy from the excessive drain of scarce materials makes such requirement necessary.

(d) Delegation of Presidential authority and power. The President may delegate the power, authority, and discretion conferred upon him by this Act [sections 2401 to 2413 of this Appendix] to such departments, agencies, or officials of the Government as he may deem appropriate.

(e) Exclusion of agricultural commodities.

The authority conferred by this section shall not be exercised with respect to any agricultural commodity, including fats and oils, during any period for which the supply of such commodity is determined by the Secretary of Agriculture to be in excess of the requirements of the domestic economy. except to the extent required to effectuate the policies set forth in clause (B) or (C) of paragraph (2) of section 3 of this Act [section 2402 of this Appendix]. (Pub. L. 91-184, § 4, Dec. 30, 1969, 83 Stat. 842.) Ex. ORD. No. 11533. ADMINISTRATION OF EXPORT

ADMINISTRATION ACT.

Ex. Ord. No. 11533, June 4, 1970, 35 F.R. 8799, provided: By virtue of the authority vested in me by the Export Administration Act of 1969 [sections 2401-2413 of this Appendix], and as President of the United States, it is ordered as follows:

SECTION 1. The power, authority, and discretion conferred upon the President by the provisions of the Export Administration Act of 1969 (83 Stat. 841; Public Law 91184), are hereby delegated to the Secretary of Commerce, with power of successive redelegation.

SEC. 2. The Export Control Review Board established by section 2 of Executive Order No. 10945 of May 24, 1961, is hereby reestablished as the Export Administration Review Board (hereinafter referred to as the Board). The Board shall be composed of the Secretary of Commerce, who shall be the Chairman of the Board, the Secretary of State, and the Secretary of Defense. No alternate Board members shall be designated, but the acting head of any department may serve in lieu of the head of the department concerned. The Board may invite the heads of Government agencies, other than the departments represented by the Board members, to participate in the activities of the Board when matters of interest to such agencies are under consideration.

SEC. 3. The Secretary of Commerce may from time to time refer to the Board such particular export license matters, involving questions of national security or other major policy issues, as he shall select. The Secretary of Commerce shall also refer to the Board any other such export license matter, upon the request of any other member of the Board or of the head of any other Government department or agency having an interest in such matter. The Board shall consider the matters so referred to it, giving due consideration to the foreign policy of the United States, the national security, and the domestic economy, and shall make recommendations thereon to the Secretary of Commerce.

SEC. 4. The President may at any time (a) prescribe rules and regulations applicable to the power, authority, and discretion referred to in section 1 of this order, and (b) communicate to the Secretary of Commerce such specific directives applicable thereto as the President shall determine. The Secretary of Commerce shall from time to time report to the President upon the administration of the Export Administration Act of 1969 and, as he may deem necessary, may refer to the President recommendations made by the Board under section 3 of this order. Neither the provisions of this section nor those of section 3 shall be construed as limiting the provisions of

SEC. 5. All outstanding delegations, rules, regulations, orders, licenses, or other forms of administrative action made, issued, or otherwise taken under, or continued in force by the Export Control Act of 1949, as amended, shall remain in full force and effect under the Export Administration Act of 1969 and under this order, until amended, modified, or terminated by proper authority.

SEC. 6. This order shall be effective January 1, 1970. RICHARD NIXON

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2404 to 2413 of this Appendix.

§ 2404. Consultations for determination of controls; standards or criteria established.

(a) In determining what shall be controlled hereunder, and in determining the extent to which exports shall be limited, any department, agency, or official making these determinations shall seek information and advice from the several executive departments and independent agencies concerned with aspects of our domestic and foreign policies and operations having an important bearing on exports. Consistent with considerations of national security, the President shall from time to time seek information and advice from various segments of private industry in connection with the making of these determinations.

(b) In authorizing exports, full utilization of private competitive trade channels shall be encouraged insofar as practicable, giving consideration to the interests of small business, merchant exporters as well as producers, and established and new exporters, and provision shall be made for representative trade consultation to that end. In addition, there may be applied such other standards or criteria as may be deemed necessary by the head of such department, or agency, or official to carry out the policies of this Act [sections 2401 to 2413 of this Appendix]. (Pub. L. 91-184, § 5, Dec. 30, 1969, 83 Stat. 843.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2403, 2405 to 2413 of this Appendix.

§ 2405. Violations and penalties.

(a) Generally; subsequent offenses.

Except as provided in subsection (b) of this section, whoever knowingly violates any provision of this Act [sections 2401 to 2413 of this Appendix] or any regulation, order, or license issued thereunder shall be fined not more than $10,000 or imprisoned not more than one year, or both. For a second or subsequent offense, the offender shall be fined not more than three times the value of the exports involved or $20,000, whichever is greater, or imprisoned not more than five years, or both.

(b) Export to Communist-dominated nations; penalties.

Whoever willfully exports anything contrary to any provision of this Act [sections 2401 to 2413 of this Appendix] or any regulation, order, or license issued thereunder, with knowledge that such exports will be used for the benefit of any Communist-dominated nation, shall be fined not more than five times the value of the exports involved or $20,000, whichever is greater, or imprisoned not more than five

The head of any department or agency exercising any functions under this Act [sections 2401 to 2413 of this Appendix], or any officer or employee of such department or agency specifically designated by the head thereof, may impose a civil penalty not to exceed $1,000 for each violation of this Act [sections 2401 to 2413 of this Appendix] or any regulation, order, or license issued under this Act [sections 2401 to 2413 of this Appendix], either in addition to or in lieu of any other liability or penalty which may be imposed.

(d) Export licenses.

The payment of any penalty imposed pursuant to subsection (c) may be made a condition, for a period not exceeding one year after the imposition of such penalty, to the granting, restoration, or continuing validity of any export license, permission, or privilege granted or to be granted to the person upon whom such penalty is imposed.

(e) Discretion to refund civil penalty.

Any amount paid in satisfaction of any penalty imposed pursuant to subsection (c) shall be covered into the Treasury as a miscellaneous receipt. The head of the department or agency concerned may, in his discretion, refund any such penalty, within two years after payment, on the ground of a material error of fact or law in the imposition. Notwithstanding section 1346(a) of title 28 of the United States Code, no action for the refund of any such penalty may be maintained in any court.

(f) Action for recovery of civil penalty.

In the event of the failure of any person to pay a penalty imposed pursuant to subsection (c), a civil action for the recovery thereof may, in the discretion of the head of the department or agency concerned, be brought in the name of the United States. In any such action, the court shall determine de novo all issues necessary to the establishment of liability. Except as provided in the subsection and in subsection (d), no such liability shall be asserted, claimed, or recovered upon by the United States in any way unless it has previously been reduced to judgment. (g) Availability of other remedies.

(g) Nothing in subsection (c), (d), or (f) limits (1) the availability of other administrative or judicial remedies with respect to violations of this Act [sections 2401-2413 of this Appendix], or any regulation, order, or license issued under this Act [sections 2401 to 2413 of this Appendix];

(2) the authority to compromise and settle administrative proceedings brought with respect to violations of this Act [sections 2401 to 2413 of this Appendix], or any regulation, order, or license issued under this Act [sections 2401 to 2413 of this Appendix]; or

(3) the authority to compromise, remit, or mitigate seizures and forfeitures pursuant to section 1(b) of title VI of the Act of June 15, 1917 (22 U.S.C. 401(b)).

(Pub. L. 91-184, § 6, Dec. 30, 1969, 83 Stat. 844.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2403, 2404, 2406 to 2413 of this Appendix.

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§ 2406. Enforcement.

(a) Compliance with requirements; subpena of witnesses and records.

To the extent necessary or appropriate to the enforcement of this Act [sections 2401 to 2413 of this Appendix] or to the imposition of any penalty, forfeiture, or liability arising under the Export Control Act of 1949 [sections 2021 to 2032 of this Appendix], the head of any department or agency exercising any function thereunder (and officers or employees of such department or agency specifically designated by the head thereof (may make such investigations and obtain such information from, require such reports or the keeping of such records by, make such inspection of the books, records, and other writings, premises, or property of, and take the sworn testimony of, any person. In addition, such officers or employees may administer oaths or affirmations, and may by subpena require any person to appear and testify or to appear and produce books, records, and other writings, or both, and in the case of contumacy by, or refusal to obey a subpena issued to, any such person, the district court of the United States for any district in which such person is found or resides or transacts business, upon application, and after notice to any such person and hearing, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce books, records, and other writings, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (b) Self-incrimination; exception.

No person shall be excused from complying with any requirements under this section because of his privilege against self-incrimination, but the immunity provisions of the Compulsory Testimony Act of February 11, 1893 (27 Stat. 443; 49 U.S.C. 46) shall apply with respect to any individual who specifically claims such privilege.

No department, agency, or official exercising any functions under this Act [sections 2401 to 2413 of this Appendix] shall publish or disclose information obtained hereunder which is deemed confidential or with reference to which a request for confidential treatment is made by the person furnishing such information, unless the head of such department or agency determines that the withholding thereof is contrary to the national interest.

(d) Simplification of reporting requirements.

In the administration of this Act [sections 2401 to 2413 of this Appendix], reporting requirements shall be so designed as to reduce the cost of reporting, recordkeeping, and export documentation required under this Act [sections 2401 to 2413 of this Appendix] to the extent feasible consistent with effective enforcement and compilation of useful trade statistics. Reporting, recordkeeping, and export documentation requirements shall be periodically reviewed and revised in the light of developments in the field of information technology. A detailed statement with respect to any action taken in compliance with this subsection shall be included in the first quarterly report made pursuant to section 10 [section 2409 of

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