7 U.S.C. § 5676: Limitation on use of certain…

Summary

The Secretary can bar people from U.S. export support programs (like Food for Peace or programs run by the Commodity Credit Corporation) if the exported agricultural product was or will be used to claim a refund (a drawback) of U.S. duties, taxes, or fees on an imported item. That rule always covers vegetable oil and oil products used for such claims. Exporters must certify their goods were not and will not be used for these refund claims; oil exporters must always certify. The Secretary must create rules to enforce this. The rule does not apply to export contracts made before November 28, 1990.

Title 7, §5676

Agriculture, Source: USLM XML via OLRC

(a)In general

The Secretary may provide that a person shall be ineligible for participation in an export program established under title I of the Food for Peace Act [7 U.S.C. 1701 et seq.], or in any other export credit, credit guarantee, bonus, or other export program carried out through, or administered by, the Commodity Credit Corporation or carried out with funds made available pursuant to section 612c of this title with respect to the export of any agricultural commodity or product that has been or will be used as the basis for a claim of a refund, as drawback, pursuant to section 1313(j)(2) of title 19, of any duty, tax, or fee imposed under Federal law on an imported commodity or product.

(b)Vegetable oil

A person shall be ineligible for participation in any of the export programs referred to in subsection (a) with respect to the export of vegetable oil or a vegetable oil product that has been or will be used as the basis for a claim of a refund, as a drawback, pursuant to section 1313 of title 19, of any duty, tax, or fee imposed under Federal law on an imported commodity or product.

(c)Certification

If the Secretary takes action under the authority granted under subsection (a), a person applying to export any agricultural commodity under the export programs referred to in subsection (a) shall certify that none of the commodity has been or will be used as the basis of a claim for any refund specified in subsection (a), except that regardless of whether the Secretary takes action under the authority granted under subsection (a), a person applying to export any vegetable oil or vegetable oil product under such programs shall certify that none of the vegetable oil or vegetable oil product has been or will be used as the basis of a claim for any refund specified in subsection (b).

(d)Regulations

The Secretary shall promulgate regulations to carry out this section.

(e)Applicability

This section shall not apply to quantities of agricultural commodities and products with respect to which an exporter has entered into a contract, prior to November 28, 1990, for an export sale.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Food for Peace Act, referred to in subsec. (a), is act July 10, 1954, ch. 469, 68 Stat. 454. Title I of the Act is classified generally to subchapter II (§ 1701 et seq.) of chapter 41 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1691 of this title and Tables.

Amendments

2008—Subsec. (a). Pub. L. 110–246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”. 1991—Subsec. (e). Pub. L. 102–237 substituted “November 28, 1990” for “the

Effective Date

of this section”.

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.

§5676 Limitation on Use of Certain Export Promotion Programs

Summary

Title 7, §5676

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata