Title 7 — Agriculture
Chapter 87 — Export Promotion
§ 5712. Export reporting and contract sanctity
Statutory text
Export sales reports
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:
type, class, and quantity of the commodity sought to be exported;
the marketing year of shipment; and
destination, if known.
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.
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.
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—
there is a domestic supply of such commodity substantially in excess of the quantity needed to meet domestic requirements,
total supplies of such commodity in the exporting countries are estimated to be in surplus,
anticipated exports will not result in excessive drain on domestic supplies, and
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.
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.
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—
that is entered into before the President announces an action that would otherwise prohibit or curtail the export of the commodity, and
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.
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.
Agricultural Trade Act of 1978
Pub. L. 95–501 title VI § 602 · 92 Stat. 1685
Enacted · 7 U.S.C. § 5712
Pub. L. 95–501, title VI, § 602, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3688
Source evidence
Code source credit
Pub. L. 95–501, title VI, § 602, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3688Enacted provision · exact public law section
Sec. 602. annual report on export promotion The Secretary of Agriculture shall submit to Congress Submittal to Congress. 7 USC 1765b-1. each year a report providing a comprehensive statement of the activities and accomplishments of the Department of Agriculture, including specifically those of the United States Agricultural Trade Offices, in developing, maintaining, and expanding foreign markets for United States agricultural commodities.Pub. L. 102–237 § 327(1) · 105 Stat. 1818
Substituted · 7 U.S.C. § 5712(a)(1)
Pub. L. 102–237, § 327(1), substituted “designate produced” for “designate as produced” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 102–237, § 327(1), substituted “designate produced” for “designate as produced” in introductory provisions.Enacted provision · exact public law section
(1) in paragraph (1), by striking “designate as produced” and inserting “designate produced”; andPub. L. 102–237 § 327(2) · 105 Stat. 1818
Struck · 7 U.S.C. § 5712(a)(2)
Pub. L. 102–237, § 327(2), struck out “in accordance with subsection (c)” after “shall remain confidential”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 102–237, § 327(2), struck out “in accordance with subsection (c)” after “shall remain confidential”.Enacted provision · exact public law section
(2) in paragraph (2), by striking “in accordance with subsection (c)”.Pub. L. 106–78 title IX § 921 · 113 Stat. 1135
Inserted · 7 U.S.C. § 5712(a)(1)
Pub. L. 106–78, §§ 921, 942, temporarily inserted “, beef,” after “cotton” in introductory provisions. See Termination Date of 1999 Amendment note below
Source evidence
Code amendment note
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.Enacted provision · exact public law section
SEC. 921. BEEF EXPORT REPORTING. Section 602(a)(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5712(a)(1)) is amended by inserting “, beef,” after “cotton”.Mandatory Price Reporting Act of 2010
Pub. L. 111–239 § 2(c) · 124 Stat. 2501
Substituted · 7 U.S.C. § 5712(a)(1)
Pub. L. 111–239 substituted “cotton, pork,” for “cotton,”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 111–239 substituted “cotton, pork,” for “cotton,”.Enacted provision · exact public law section
(c) Pork Export Reporting.— Section 602(a)(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5712(a)(1)) is amended by striking “cotton,” and inserting “cotton, pork,”.
5 of 5 references resolved to an enrolled provision
Notes
Amendment of Section
For 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.
Amendments1991–2010 · 3 rounds
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 Amendment
Authority provided by amendment by Pub. L. 106–78 to terminate , see section 942 of Pub. L. 106–78, set out in a Livestock Mandatory Reporting note under section 1635 of this title.
Credits
1990–2010 · 4 acts
- 1990Pub. L. 95–501, title VI, § 602, as added Pub. L. 101–624, title XV, § 1531, , 104 Stat. 3688
- 1991amended Pub. L. 102–237, title III, § 327, , 105 Stat. 1858
- 1999Pub. L. 106–78, title IX, § 921, , 113 Stat. 1206
- 2010Pub. L. 111–239, § 2(c), , 124 Stat. 2502.
Show as published
(Pub. L. 95–501, title VI, § 602, as added Pub. L. 101–624, title XV, § 1531, , 104 Stat. 3688; amended Pub. L. 102–237, title III, § 327, , 105 Stat. 1858; Pub. L. 106–78, title IX, § 921, , 113 Stat. 1206; Pub. L. 111–239, § 2(c), , 124 Stat. 2502.)