PRIA, Government Policy, Made Personal

Summary

Exporters of U.S. wheat, wheat flour, feed grains, oilseeds, cotton, pork, beef, and similar farm products must report weekly to the Secretary of Agriculture any export sales contracts they sign or change during the week. Reports must say the kind/class and amount of the commodity, the marketing year for shipment, and the destination if known. Individual reports stay private, but the Secretary will combine them and publish the summary each week. The Secretary can ask for immediate or daily reports; if daily reporting is required, the combined data will be made public daily. The Secretary may allow monthly reports instead of weekly if four things are true: U.S. supply is far above domestic needs, world supplies look surplus, expected exports won’t overly drain U.S. stocks, and weekly reports would seriously hurt export sales. If someone knowingly fails to report, they can be fined up to $25,000, jailed for up to 1 year, or both. Contracts signed before the President announces a ban or limit on exports must be honored if they require delivery within 270 days after the ban starts, except the President may stop or limit exports during a declared national emergency or when Congress has declared war.

Title 7, §5712

Agriculture, Source: USLM XML via OLRC

(a)Export sales reports

(1)In general

All exporters of wheat and wheat flour, feed grains, oil seeds, cotton, pork, beef, and products thereof, and other commodities that the Secretary may designate produced in the United States shall report to the Secretary of Agriculture, on a weekly basis, the following information regarding any contract for export sales entered into or subsequently modified in any manner during the reporting period:

(A)type, class, and quantity of the commodity sought to be exported;

(B)the marketing year of shipment; and

(C)destination, if known.

(2)Confidentiality and compilation of reports

Individual reports shall remain confidential but shall be compiled by the Secretary and published in compilation form each week following the week of reporting.

(3)Immediate reporting

All exporters of agricultural commodities produced in the United States shall, upon request of the Secretary, immediately report to the Secretary any information with respect to export sales of agricultural commodities and at such times as the Secretary may request. When the Secretary requires that such information be reported by exporters on a daily basis, the information compiled from individual reports shall be made available to the public daily.

(4)Monthly reporting permitted

The Secretary may, with respect to any commodity or type or class thereof during any period in which the Secretary determines that—

(A)there is a domestic supply of such commodity substantially in excess of the quantity needed to meet domestic requirements,

(B)total supplies of such commodity in the exporting countries are estimated to be in surplus,

(C)anticipated exports will not result in excessive drain on domestic supplies, and

(D)to require the reports to be made will unduly hamper export sales,

provide for such reports by exporters and publishing of such data to be on a monthly basis rather than on a weekly basis.

(b)Failure to report

Any person who knowingly fails to make any report required under this section shall be fined not more than $25,000 or imprisoned for not more than 1 year, or both.

(c)Contract sanctity

Notwithstanding any other provision of law, the President shall not prohibit or curtail the export of any agricultural commodity under an export sales contract—

(1)that is entered into before the President announces an action that would otherwise prohibit or curtail the export of the commodity, and

(2)the terms of which require delivery of the commodity within 270 days after the date of the suspension of trade is imposed,

except that the President may prohibit or curtail the export of any agricultural commodity during a period for which the President has declared a national emergency or for which the Congress has declared war.

Notes & Related Subsidiaries

Amendment of SectionFor termination of authority provided by amendment by section 942 of Pub. L. 106–78, see Termination Date of 1999 Amendment note below.

Editorial Notes

Prior Provisions

A prior section 602 of Pub. L. 95–501 enacted section 1765b–1 of this title prior to the complete revision of Pub. L. 95–501 by Pub. L. 101–624.

Amendments

2010—Subsec. (a)(1). Pub. L. 111–239 substituted “cotton, pork,” for “cotton,”. 1999—Subsec. (a)(1). Pub. L. 106–78, §§ 921, 942, temporarily inserted “, beef,” after “cotton” in introductory provisions. See Termination Date of 1999 Amendment note below. 1991—Subsec. (a)(1). Pub. L. 102–237, § 327(1), substituted “designate produced” for “designate as produced” in introductory provisions. Subsec. (a)(2). Pub. L. 102–237, § 327(2), struck out “in accordance with subsection (c)” after “shall remain confidential”.

Statutory Notes and Related Subsidiaries

Termination Date of 1999 AmendmentAuthority provided by amendment by Pub. L. 106–78 to terminate Sept. 30, 2026, see section 942 of Pub. L. 106–78, set out in a Livestock Mandatory Reporting note under section 1635 of this title.

§5712 Export Reporting and Contract Sanctity