§ 5676. Limitation on use of certain export promotion programs

Statutory text

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.

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.

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).

Regulations

The Secretary shall promulgate regulations to carry out this section.

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1990
Agricultural Trade Act of 1978
Pub. L. 95–501 title IV § 416 · 92 Stat. 1685
Enacted · 7 U.S.C. § 5676
Pub. L. 95–501, title IV, § 416, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3685
Source evidence
Code source credit
Pub. L. 95–501, title IV, § 416, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3685
1991
Pub. L. 102–237 title III § 313 · 105 Stat. 1818
Substituted · 7 U.S.C. § 5676(e)
Pub. L. 102–237 substituted “November 28, 1990” for “the effective date of this section”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 102–237 substituted “November 28, 1990” for “the effective date of this section”.
Enacted provision · exact public law section
SEC. 313. DATE CORRECTION TO SECTION 416. Section 416(e) of the Agricultural Trade Act of 1978 (7 U.S.C. 5676(e)) is amended by striking out “the effective date of this section” and inserting “November 28, 1990”.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 title III § 3001(b)(1)(A) · 122 Stat. 1651
Substituted · 7 U.S.C. § 5676(a)
Pub. L. 110–246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.
Enacted provision · exact public law section
(A) by striking “Agricultural Trade Development and Assistance Act of 1954” each place it appears and inserting “Food for Peace Act”; and
Effective date note
Amendment 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.

2 of 3 references resolved to an enrolled provision · 1 partial

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.

Amendments1991–2008 · 2 rounds

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 Amendment

Amendment 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.

Credits

1990–2008 · 3 acts

1990Pub. L. 95–501, title IV, § 416, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3685
1991amended Pub. L. 102–237, title III, § 313, Dec. 13, 1991, 105 Stat. 1856
2008Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(K), June 18, 2008, 122 Stat. 1820.

Show as published

(Pub. L. 95–501, title IV, § 416, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3685; amended Pub. L. 102–237, title III, § 313, Dec. 13, 1991, 105 Stat. 1856; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(K), June 18, 2008, 122 Stat. 1820.)