7-U.S.C.-5712
§5712 – Export Reporting and Contract Sanctity
Pathway
Title 7 > Chapter 87 > Subchapter VI > Section 5712
Details
- Reference: Section 5712
- Legend: §5712 – Export Reporting and Contract Sanctity
- USCode Year: 2013
Provision Content
(a) Export sales reports
(1) In general
All exporters of wheat and wheat flour, feed grains, oil seeds, cotton, pork, beef, and products thereof, and other commodities that the Secretary may designate produced in the United States shall report to the Secretary of Agriculture, on a weekly basis, the following information regarding any contract for export sales entered into or subsequently modified in any manner during the reporting period:
(A) type, class, and quantity of the commodity sought to be exported;
(B) the marketing year of shipment; and
(C) destination, if known.
(2) Confidentiality and compilation of reports
Individual reports shall remain confidential but shall be compiled by the Secretary and published in compilation form each week following the week of reporting.
(3) Immediate reporting
All exporters of agricultural commodities produced in the United States shall, upon request of the Secretary, immediately report to the Secretary any information with respect to export sales of agricultural commodities and at such times as the Secretary may request. When the Secretary requires that such information be reported by exporters on a daily basis, the information compiled from individual reports shall be made available to the public daily.
(4) Monthly reporting permitted
The Secretary may, with respect to any commodity or type or class thereof during any period in which the Secretary determines that—
(A) there is a domestic supply of such commodity substantially in excess of the quantity needed to meet domestic requirements,
(B) total supplies of such commodity in the exporting countries are estimated to be in surplus,
(C) anticipated exports will not result in excessive drain on domestic supplies, and
(D) to require the reports to be made will unduly hamper export sales,
provide for such reports by exporters and publishing of such data to be on a monthly basis rather than on a weekly basis.
(b) Failure to report
Any person who knowingly fails to make any report required under this section shall be fined not more than $25,000 or imprisoned for not more than 1 year, or both.
(c) Contract sanctity
Notwithstanding any other provision of law, the President shall not prohibit or curtail the export of any agricultural commodity under an export sales contract—
(1) that is entered into before the President announces an action that would otherwise prohibit or curtail the export of the commodity, and
(2) the terms of which require delivery of the commodity within 270 days after the date of the suspension of trade is imposed,
except that the President may prohibit or curtail the export of any agricultural commodity during a period for which the President has declared a national emergency or for which the Congress has declared war.
(Pub. L. 95–501, title VI, §602, as added Pub. L. 101–624, title XV, §1531, Nov. 28, 1990, 104 Stat. 3688; amended Pub. L. 102–237, title III, §327, Dec. 13, 1991, 105 Stat. 1858; Pub. L. 106–78, title IX, §921, Oct. 22, 1999, 113 Stat. 1206; Pub. L. 111–239, §2(c), Sept. 27, 2010, 124 Stat. 2502.)
Amendment of Section
For termination of amendment by section 942 of Pub. L. 106–78, see Termination Date of 1999 Amendment note below.
Prior Provisions
A prior section 602 of Pub. L. 95–501 enacted section 1765b–1 of this title prior to the complete revision of Pub. L. 95–501 by Pub. L. 101–624.
Amendments
2010—Subsec. (a)(1). Pub. L. 111–239 substituted cotton, pork,” for cotton,”.
1999—Subsec. (a)(1). Pub. L. 106–78, §§921, 942, temporarily inserted , beef,” after cotton” in introductory provisions. See Termination Date of 1999 Amendment note below.
1991—Subsec. (a)(1). Pub. L. 102–237, §327(1), substituted designate produced” for designate as produced” in introductory provisions.
Subsec. (a)(2). Pub. L. 102–237, §327(2), struck out in accordance with subsection (c)” after shall remain confidential”.
Termination Date of 1999 Amendment
Amendment by Pub. L. 106–78 to terminate Sept. 30, 2015, see section 942 of Pub. L. 106–78, as amended, set out in a Livestock Mandatory Reporting note under section 1635 of this title.
U.S. Encyclopedia of Law Coverage
7-U.S.C.-5673 in the Legal Encyclopedia: Agriculture
In this entry about 7-U.S.C.-5673, find legal reference material, bibliographies and premiere content related to agriculture in the American Encyclopedia of Law, presenting a comprehensive view of the United States agriculture-specific issues, written by authorities in the field.
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