Title 15, Commerce and TradeRelease 119-110

§4712 Barter and Countertrade

Title 15 › CHAPTER 73 — EXPORT ENHANCEMENT › SUBCHAPTER II — GENERAL PROVISIONS › § 4712

Last updated Sep 22, 2026|Official source

Summary

The President must create a team of federal agencies to study countertrade and offsets. The Secretary of Commerce will lead that team. The team must review U.S. policy on countertrade, look at how countertrade is used in exports and U.S. economic aid, consider whether the United States should try to reach agreements with the Organization for Economic Cooperation and Development and other international groups about countertrade, and then make recommendations to the President and Congress. Other federal agencies must give information to the team when asked, and the same rules that protect confidential agency information apply to team members and anyone helping the team. The law also creates an Office of Barter inside the Commerce Department’s International Trade Administration. The Secretary of Commerce appoints a Director and assigns staff as needed. The office must watch trends in international barter, collect and share useful information for businesses and governments (including lists of barter opportunities), alert federal agencies abroad when bartering surplus U.S. goods might help, and help U.S. companies find barter and countertrade deals.

Full Legal Text

Title 15, §4712

Commerce and Trade, Source: USLM XML via OLRC

(a)Interagency group
(1)Establishment
The President shall establish an interagency group on countertrade, to be composed of representatives of such departments and agencies of the United States as the President considers appropriate. The Secretary of Commerce shall be the chairman of the interagency group.
(2)Functions
It shall be the function of the interagency group to—
(A)review and evaluate—
(i)United States policy on countertrade and offsets, in light of current trends in international countertrade and offsets and the impact of those trends on the United States economy;
(ii)the use of countertrade and offsets in United States exports and bilateral United States foreign economic assistance programs; and
(iii)the need for and the feasibility of negotiating with other countries, through the Organization for Economic Cooperation and Development and other appropriate international organizations, to reach agreements on the use of countertrade and offsets; and
(B)make recommendations to the President and the Congress on the basis of the review and evaluation referred to in subparagraph (A).
(3)Sharing of information
Other departments and agencies of the United States shall provide to the interagency group such information available to such departments and agencies as the interagency group may request, except that the requirements, including penalties for violation thereof, for preserving the confidentiality of such information which are applicable to the officials, employees, experts, or consultants of such departments and agencies shall apply in the same manner to each member of the interagency group and to any other person performing any function under this subsection.
(b)Office of Barter
(1)Establishment
There is established, within the International Trade Administration of the Department of Commerce, the Office of Barter (hereafter in this section referred to as the “Office”).
(2)Director (3) Staff
There shall be at the head of the Office a Director, who shall be appointed by the Secretary of Commerce.
(4)Functions
It shall be the function of the Office to—
(A)monitor information relating to trends in international barter;
(B)organize and disseminate information relating to international barter in a manner useful to business firms, educational institutions, export-related Federal, State, and local government agencies, and other interested persons, including publishing periodic lists of known commercial opportunities for barter transactions beneficial to United States enterprises;
(C)notify Federal agencies with operations abroad of instances where it would be beneficial to the United States for the Federal Government to barter Government-owned surplus commodities for goods and services purchased abroad by the Federal Government; and
(D)provide assistance to enterprises seeking barter and countertrade opportunities.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Composition of Interagency Group For composition of Interagency Group on Countertrade, see section 2–101 of Ex. Ord. No. 12661, Dec. 27, 1988, 54 F.R. 779, set out as a note under section 2901 of Title 19, Customs Duties.

Reference

Citations & Metadata

Citation

15 U.S.C. § 4712

Title 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110