§5661 — Title 7 Agriculture | U.S. Code

Summary

Require exporters of commodities provided, financed, or covered by a credit guarantee under programs in sections 5621 or 5622 to keep official or usual commercial records and any other papers the Secretary asks for. The Commodity Credit Corporation can inspect those records to check that the goods arrived in the country named in the sales agreement. Unauthorized diversion of these commodities is banned, and the Corporation must do yearly audits of enough exports to verify arrival. If an exporter, seller, or other person fails to follow these rules, that failure does not cancel any CCC credit guarantee or other obligation for someone who did not know about the failure when they were assigned the guarantee or when the Corporation made the obligation.

Title 7, §5661

Agriculture — Source: USLM XML via OLRC

(a)With respect to a commodity provided, or for which financing or a credit guarantee or other assistance is made available, under a program authorized in section 5621 or 5622 of this title, the Commodity Credit Corporation shall require the exporter of the commodity to maintain records of an official or customary commercial nature or other documents as the Secretary may require, and shall allow representatives of the Commodity Credit Corporation access to the records or documents as needed, to verify the arrival of the commodity in the country that is the intended destination of the commodity.

(b)The unauthorized diversion of commodities under the programs authorized in section 5621 and 5622 of this title is prohibited. The Commodity Credit Corporation shall establish procedures providing for the annual audit of a sufficient number of export transactions under such programs to ensure that the agricultural commodities that were the subject of such transactions arrived in the country of destination as provided in the sales agreement.

(c)The failure of an exporter, seller or other person to comply with the provisions of this section shall not affect the validity of any credit guarantee or other obligation of the Commodity Credit Corporation under the programs under this chapter with respect to any exporter, seller, or person who had no knowledge of such failure to comply at the time such exporter, seller, or person was assigned the credit guarantee or at the time the Corporation entered into such obligation.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 401 of Pub. L. 95–501 enacted sections 1765a to 1765h and 1769 of this title, amended section 1766b of this title, and redesignated section 1762(d), (f), and 1763, as sections 1766a to 1766c of this title prior to the complete revision of Pub. L. 95–501 by Pub. L. 101–624.

Amendments

2008—Subsec. (a). Pub. L. 110–246, § 3103(b)(4)(A), substituted “section 5621 or 5622” for “section 5621, 5622, or 5651”. Subsec. (b). Pub. L. 110–246, § 3103(b)(4)(B), substituted “section 5621 and 5622” for “section 5621, 5622, and 5651”. 1996—Subsec. (a). Pub. L. 104–127 added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “With respect to commodities or other assistance provided, or for which financing or credit guarantees are made available, under the programs authorized in section 5621, 5622, and 5651 of this title, the Commodity Credit Corporation shall— “(1) require the exporter to maintain records of an official or customary commercial nature or other documents as the Secretary may require, and have access to such documents or records as needed to verify the arrival of agricultural commodities exported in connection with such programs in the countries that were the intended destination of such commodities; and “(2) obtain certification from the seller or exporter of record of such commodities, that there were no corrupt payments or extra sales services, or other items extraneous to the transaction provided, financed, or guaranteed in connection with the transaction, and that the transaction complied with applicable United States law.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an

Effective Date

note under section 8701 of this title.

§5661 Program Controls for Export Programs

Summary

Title 7, §5661

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata