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

Summary

Allows officials to make rules needed to carry out the chapter. Under those rules, people and businesses under U.S. jurisdiction may have to keep full records (for example, books, stock and shareholder records, and financial statements) and may be required to give sworn reports with information needed for the surveys and studies the chapter directs. Only officials and staff assigned to this work, and their consultants or contractors, may see those reports. The President can allow sharing between agencies when needed. An agency does not have to share information it got under a different law if that law forbids sharing. The information may be used only for government analysis or for a proceeding under subsection (e) or under section 3105(b) or (c). The Census Bureau and Bureau of Labor Statistics may, by written request, get certain BEA business data to improve their own data, and their workers count as designated officials. Anyone who willfully violates the access or sharing rules can be fined up to $10,000, in addition to other 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