§4013 Issuance of Certificate

Summary

The government will give a certificate of review if an applicant proves its export trade, export activities, and way of doing business meet four rules: they will not seriously reduce competition or block a competitor’s exports, they will not unreasonably raise, stabilize, or lower U.S. prices for the exported class of goods or services, they will not use unfair competition against other exporters of the same class, and they will not include actions likely to cause the exported goods or services to be sold for use or resale inside the United States. The Secretary must decide within 90 days after getting an application. If the Secretary and the Attorney General agree the rules are met, they must issue a certificate that names the person, lists the covered export trade, activities, and methods, and adds any terms needed to make sure the rules are followed. The applicant can ask for faster review, but no certificate can be issued during the 30 days after a related Federal Register notice is published. If the application is denied in whole or in part, the Secretary must explain why. The applicant has 30 days to ask for reconsideration, and the Secretary and Attorney General must answer within 30 days of that request. If denied and the applicant asks, the Secretary and Attorney General must return the submitted documents within 30 days, except for information already public. Any certificate obtained by fraud is treated as never valid.