§4013 Issuance of Certificate

Summary

A certificate of review is given to an applicant who proves that its export trade, export activities, and ways of operating will meet four limits: they will not greatly reduce competition or block other exporters, will not unfairly change U.S. prices for the same kind of goods or services, will not use unfair methods against other exporters, and will not lead to sales for use or resale inside the United States. The Secretary must decide within 90 days whether the applicant meets those limits, and the decision is made with the Attorney General’s agreement. If approved, the certificate will name the export activities covered, name the person who gets it, and list any conditions needed to meet the limits. The Secretary and Attorney General can speed up decisions if the applicant shows a special need, but no certificate can be issued within 30 days after the required Federal Register notice. If an application is denied, the applicant will be told why and may ask for reconsideration within 30 days; the agencies must reply within 30 days of that request. If denied and the applicant asks, the agencies must return submitted documents within 30 days, except for information already made public. A certificate obtained by fraud is void from the start.