7 U.S.C. § 5676 | Limitation on use of certain export promotion programs

(a)

In general

7 U.S.C. 1701 section 612c of this title section 1313(j)(2) of title 19The 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 [ 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 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 , of any duty, tax, or fee imposed under Federal law on an imported commodity or product.

(b)

Vegetable oil

section 1313 of title 19A 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 , 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

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

Pub. L. 95–501, title IV, § 416 Pub. L. 101–624, title XV, § 1531Nov. 28, 1990104 Stat. 3685 Pub. L. 102–237, title III, § 313Dec. 13, 1991105 Stat. 1856 Pub. L. 110–246, title III, § 3001(b)(1)(A)June 18, 2008122 Stat. 1820 (, as added , , ; amended , , ; , (2)(K), , .)

Editorial Notes

References in Text

act July 10, 1954, ch. 469 68 Stat. 454 section 1691 of this titleThe Food for Peace Act, referred to in subsec. (a), is , . 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 and Tables.

Amendments

Pub. L. 110–2462008—Subsec. (a). substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.

Pub. L. 102–237November 28, 19901991—Subsec. (e). substituted “” for “the effective date of this section”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–246May 22, 2008section 4(b) of Pub. L. 110–246 section 8701 of this titleAmendment by effective , see , set out as an Effective Date note under .