Prohibitions and exceptions
Prohibitions
Exceptions
Special rules
Regulations issued pursuant to paragraphs (2)(C) and (2)(F) shall not provide exceptions from paragraphs (1)(B) and (1)(C).
Rule of construction
Nothing in this subsection may be construed to supersede or limit the operation of the antitrust or civil rights laws of the United States.
Application
This section shall apply to any transaction or activity undertaken, by or through a United States person or any other person, with intent to evade the provisions of this section as implemented by the regulations issued pursuant to this subsection, and such regulations shall expressly provide that the exceptions set forth in paragraph (2) shall not permit activities or agreements (expressed or implied by a course of conduct, including a pattern of responses) otherwise prohibited, which are not within the intent of such exceptions.
Foreign policy controls
In general
section 4811(2)(D) of this titleIn addition to the regulations issued pursuant to subsection (a), regulations issued under subchapter I to carry out the policies set forth in shall implement the policies set forth in this section.
Requirements
section 4841 of this titleSuch regulations shall require that any United States person receiving a request for the furnishing of information, the entering into or implementing of agreements, or the taking of any other action referred to in subsection (a) shall report that fact to the Secretary, together with such other information concerning such request as the Secretary may require for such action as the Secretary considers appropriate for carrying out the policies of that section. Such person shall also report to the Secretary whether such person intends to comply and whether such person has complied with such request. Any report filed pursuant to this paragraph shall be made available promptly for public inspection and copying, except that information regarding the quantity, description, and value of any goods or technology to which such report relates may be kept confidential if the Secretary determines that disclosure thereof would place the United States person involved at a competitive disadvantage. The Secretary shall periodically transmit summaries of the information contained in such reports to the Secretary of State for such action as the Secretary of State, in consultation with the Secretary, considers appropriate for carrying out the policies set forth in .
Preemption
The provisions of this section and the regulations issued pursuant thereto shall preempt any law, rule, or regulation of any of the several States or the District of Columbia, or any of the territories or possessions of the United States, or of any governmental subdivision thereof, which law, rule, or regulation pertains to participation in, compliance with, implementation of, or the furnishing of information regarding restrictive trade practices or boycotts fostered or imposed by foreign countries against other countries friendly to the United States.
Pub. L. 115–232, div. A, title XVII, § 1773132 Stat. 2234Pub. L. 116–283, div. A, title X, § 1081(d)(10)134 Stat. 3874(, , ; , , .)
Editorial Notes
References in Text
Pub. L. 115–232section 1751 of Pub. L. 115–232section 4801 of this titleSubchapter I, referred to in subsec. (b)(1), was in the original “part I”, meaning part I (§§ 1751–1768) of subtitle B of title XVII of div. A of , known as the Export Controls Act of 2018, which is classified principally to subchapter I of this chapter. For complete classification of part I to the Code, see , set out as a Short Title note under and Tables.
Amendments
Pub. L. 116–283section 4811(2)(D) of this title2021—Subsec. (b)(1). substituted “(2)(D)” for “(1)(D)” in reference to .
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Pub. L. 116–283, div. A, title X, § 1081(d)134 Stat. 3873Pub. L. 115–232, , , provided that the amendment made by section 1081(d)(10) is effective as of , and as if included in .