§4013 Issuance of certificate

Summary

A certificate must be given to an applicant who proves that its export business, export activities, and how it will operate meet four tests: they will not greatly reduce competition or block trade in the United States or hurt a competitor’s exports; they will not unreasonably change U.S. prices for the kind of goods exported; they will not use unfair tactics against other exporters of the same kind; and they will not include steps likely to cause the exported goods to be sold in the United States. The Secretary has 90 days after getting an application to decide. If the Secretary and the Attorney General agree, they issue a certificate saying what activities are covered, who got it, and any conditions. The applicant can ask for faster handling, but no certificate can be issued within 30 days after the public notice required under section 4012(b)(1). If an application is denied, the applicant is told why and can ask for reconsideration within 30 days; the agencies must decide on reconsideration within 30 days. If denied and the applicant asks, submitted documents must be returned within 30 days unless already public. A certificate obtained by fraud is void from the start.