§3104 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Federal agencies can make the rules they need to carry out this chapter. Those rules can require anyone under U.S. jurisdiction to keep full business records (like journals, minute books, stock transfer records, shareholder lists, and financial statements) and to give sworn reports when needed for surveys and studies. Only officials, staff, consultants, or contractors who are designated to work under this chapter may see those reports. The President may let agencies share the information when needed. If another law forbids sharing certain information, an agency does not have to disclose it. The data may be used only for government analysis or statistics, or in legal proceedings under subsection (e) or section 3105(b) or (c). The Census Bureau and the Bureau of Labor Statistics may request business data collected by the Bureau of Economic Analysis to improve their own data, and their employees count as designated officials. Anyone who willfully breaks the rules about access or the special requests in the previous paragraph can be fined up to $10,000 on conviction, plus any other legal penalties.

Title 22, §3104

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The authorities and responsibilities under this chapter may be exercised through such rules and regulations as may be necessary to carry out the purposes of this chapter.

(b)Rules or regulations issued pursuant to this chapter may require any person subject to the jurisdiction of the United States—

(1)to maintain a complete record of any information (including journals or other books of original entry, minute books, stock transfer records, lists of shareholders, or financial statements) which is essential to carrying out the surveys and studies to be conducted under this chapter; and

(2)to furnish, under oath, any report containing information which is determined to be necessary to carry out the surveys and studies conducted under this chapter.

(c)Access to information obtained under subsection (b)(2) of this section shall be available only to officials or employees designated to perform functions under this chapter, including consultants and persons working on contracts awarded pursuant to this chapter. Subject to the limitation of paragraph (1) of this subsection, the President may authorize the exchange between agencies or officials designated by him of information furnished by any person under this chapter as he deems necessary to carry out the purposes of this chapter. Nothing in this section shall be construed to require any Federal agency to disclose to any official exercising authority under this chapter any information or report collected under legal authority other than this chapter where disclosure is prohibited by law. Information collected pursuant to subsection (b)(2) may be used only—

(1)for analytical or statistical purposes within the United States Government; or

(2)for the purpose of a proceeding under subsection (e) of this section or under section 3105(b) or (c) of this title.

(d)The Bureau of the Census of the Department of Commerce is authorized, for purposes of augmenting and improving the quality of data collected by the Bureau of the Census, to have, upon written request, access to data relating to business enterprises that is collected directly by the Bureau of Economic Analysis for purposes of this chapter. The Bureau of Labor Statistics of the Department of Labor is authorized, for purposes of augmenting and improving the data collected by the Bureau of Labor Statistics, to have access, upon written request, to selected identification information on business enterprises and data on international services transactions, that is collected directly by the Bureau of Economic Analysis for purposes of this chapter. Officers and employees of the Bureau of the Census and the Bureau of Labor Statistics shall, for purposes of subsection (c), be deemed to be officials or employees designated to perform functions under this chapter.

(e)Any person who willfully violates subsection (c) or (d) shall, upon conviction, be fined not more than $10,000, in addition to any other penalty imposed by law.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Subsec. (b). Pub. L. 101–533, § 7(a), inserted at end “When a report under paragraph (2) is furnished under oath, such oath shall be by the officer of such person who is directly responsible for the maintenance and compilation of such information, and shall certify that the report was prepared in accordance with this chapter, is complete, and is to such officer’s best knowledge and belief, substantially accurate, except in a case in which, in accordance with

Rules and Regulations

issued under this chapter, estimates have been provided because data are not available from customary accounting records or precise data could not be obtained without undue burden, and the data subject to such estimates has been noted in the report.” Subsec. (c)(2). Pub. L. 101–533, § 6(e)(1), substituted “subsection (e)” for “subsection (d)”. Subsec. (d). Pub. L. 101–533, § 6(d)(2), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 101–533, § 6(d)(1), (e)(2), redesignated subsec. (d) as (e) and inserted “or (d)” after “subsection (c)”. 1984—Subsec. (b)(1), (2). Pub. L. 98–573 struck out “international investment” before “surveys”.

§3104 Rules and regulations