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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 regula

tions. 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. (c) Protection of national security, foreign policy and

domestic economy. 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 section 1 of this order.

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; penal

ties. 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 years, or both.

(e) Civil penalty for violations.

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.

8 2406. Enforcement. (a) Compliance with requirements; subpena of wit

nesses 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. (c) Disclosure of confidential information.

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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this Appendix) after such action is taken. (Pub. L. 91-184, § 7, Dec. 30, 1969, 83 Stat. 845.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2403 to 2405, 2407 to 2413 of this Appendix.

§ 2407. Exemption from administrative procedure and

judicial review provisions. The functions exercised under this Act (sections 2401 to 2413 of this Appendix] are excluded from the operation of sections 551, 553 to 559, and 701 to 706, of title 5 United States Code (Pub. L. 91–184, § 8, Dec. 30, 1969, 83 Stat. 846.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2403 to 2406, 2408 to 2413 of this Appendix.

8 2410. Definitions.

The term “person" as used in this Act (sections 2401 to 2413 of this Appendix) includes the singular and the plural and any individual, partnership, corporation, or other form of association, including any government or agency thereof. (Pub. L. 91–184, $ 11, Dec. 30, 1969, 83 Stat. 846.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2403 to 2409, 2411 to 2413 of this Appendix. 8 2411. Effects on other Acts.

(a) The Act of February 15, 1936 (49 Stat. 1140) [sections 86 to 88 of Title 50), relating to the licensing of exports of tinplate scrap, is hereby superseded; but nothing contained in this Act (sections 2401 to 2413 of this Appendix) shall be construed to modify, repeal, supersede, or otherwise affect the provisions of any other laws authorizing control over exports of any commodity.

(b) The authority granted to the President under this Act (sections 2401 to 2413 of this Appendix) shall be exercised in such manner as to achieve effective coordination with the authority exercised under section 414 of the Mutual Security Act of 1954 (22 U.S.C. 1934). (Pub. L. 91–184, § 12, Dec. 30, 1969, 83 Stat. 846.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2403 to 2410, 2412, 2413 of this Appendix.

8 2408. Information to exporters.

In order to enable United States exporters to coordinate their business activities with the export control policies of the United States Government, the agencies, departments, and officials responsible for implementing the rules and regulations authorized under this Act (sections 2401 to 2413 of this Appendix) shall, if requested, and insofar as it is consistent with the national security, the foreign policy of the United States, the effective administration of this Act (sections 2401 to 2413 of this Appendix), and requirements of confidentiality contained in this Act (sections 2401 to 2413 of this Appendix)

(1) inform each exporter of the considerations which may cause his export licence request to be denied or to be the subject of lengthy examination;

(2) in the event of undue delay, inform each exporter of the circumstances arising during the Government's consideration of his export license application which are cause for denial or for further examination;

(3) give each exporter the opportunity to present evidence and information which he believes will help the agencies, departments, and officials concerned to resolve any problems or questions which are, or may be, connected with his request for a license; and

(4) inform each exporter of the reasons for a denial of an export license request. (Pub. L. 91-184, § 9, Dec. 30, 1969, 83 Stat. 846.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2403 to 2407, 2409 to 2413 of this Appendix. 8 2409. Quarterly reports.

The head of any department or agency, or other official exercising any functions under this Act [sections 2401 to 2413 of this Appendix), shall make a quarterly report, within 45 days after each quarter, to the President and to the Congress of his operations hereunder. (Pub. L. 91–184, $ 10, Dec. 30 1969, 83 Stat. 846.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2403 to 2408, 2410 to 2413 of this Appendix.

8 2412. Effective date.

(a) This Act (sections 2401 to 2413 of this Appendix] takes effect upon the expiration of the Export Control Act of 1949 (sections 2021 to 2032 of this Appendix).

(b) All outstanding delegations, rules, regulations, orders, licenses, or other forms of administrative action under the Export Control Act of 1949 (sections 2021 to 2032 of this Appendix] or section 6 of the Act of July 2, 1940 (54 Stat. 714) (section 701 of this Appendix), shall, until amended or revoked, remain in full force and effect, the same as if promulgated under this Act (sections 2401 to 2413 of this Appendix]. (Pub. L. 91-184, § 13, Dec. 30, 1969, 83 Stat. 847.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2403 to 2411, 2413 of this Appendix. 8 2413. Termination date.

The authority granted by this Act (sections 2401 to 2413 of this Appendix] terminates on June 30, 1971, or upon any prior date which the Congress by concurrent resolution or the President by proclamation may designate. (Pub. L. 91–184, § 14, Dec. 30, 1969, 83 Stat. 847.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2403 to 2412 of this Appendix.

The following tables represent those titles of the United States Code that have been revised and renumbered since adoption of the Code in 1926. These tables show where former sections of the revised titles have been incorporated in this edition of the Code.

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1.

2

3.

4.

5.

6.

21

Armed Forces..

Title 1 Former Sections

22.

23

24

25.

26.

A. Title 10..

B. Title 34.

Census...

1..

2.

3.

4.

5..

58.

6.

7.

78

8.

9.

9a

10.

11.

TABLE I-REVISED TITLES

Title 3

Former Sections

11a..

11b.

11c.

12.

13.

TITLE 1-GENERAL PROVISIONS

[This title was enacted into law by Act July 30, 1947, ch. 388, § 1, 61 Stat. 633.
former Title 1 have been incorporated in revised Title 1]

Page 12583

Title 1 Title 1
New Former

Sections Sections

1 27

2 28.

3 29.

4 29a..

5 29b.

6 30.

101 30a..

102 31.
103 51a.

104 52

105 53.

106

Page Title 12583 17. 12583 18.

23.

26.

Title 3 | Title 3
New Former

Sections Sections

1 14..

3 15..

4 16..

2 17.

7 18.

7 19.

5

20.

6 21.

6 22.

8 23.

9 24.

9 41.

10 42.
11 43.

11 44.

28.

12595 32.

12595 35.
12595 37.
12595

12600 38.
12605 39.
12605 44.

12 45.

13 45a.

11, 12 46..

13

Copyrights..

Crimes and Criminal Procedure...
Highways----

Internal Revenue Code of 1954.
Judiciary and Judicial Procedure..
National Guard_...

Patents__

Pay and Allowances of the Uniformed
Services..

Veterans' Benefits..

Postal Service _ _ _.

Public Printing and Documents---

Title 1 Title 1

New Former

Sections Sections

107 54 108 54a. 109 | 64b. 110 54c.

111 54d.

112 55.

113 56.

114 57. 201 58. 202 59

203 60.

TITLE 3-THE PRESIDENT

[This title was enacted into law by Act June 25, 1948, ch. 644, § 1, 62 Stat. 672. This table shows where sections of former Title 3 have been incorporated in revised Title 3]

Page

12606

12607

12610

12611

12622

Title 3 Title 3
New Former
Sections Sections

11 47.

11

14 48..

15 49.

18 50.

17 51.

16 52.

19 53..

19 54.

20 61..

19 62..

101 62a.

102 62b.

103 63..

104 64..

105 65.

106 66.

107 67.

12626

12627

This table shows where sections of

12627

12629

12632

12637

Title 1 New Sections

204

205

206

207

208

209

210

211

212

213

Rep.

Title 3 New Sections

108 [Rep.]

109

110

109

109

109

201

Omitted

202

203

205

206

204

207

Omitted

Omitted

208

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