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Code · BILL · 118th Congress · S. 686 (Introduced in Senate) — To authorize the Secretary of Commerce to review and prohibit certain transactions between persons in the United Stat... · Sec. 9

Sec. 9. Information to be furnished

420 words·~2 min read·/bill/118/s/686/is/section-9·

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The Secretary may require any party to a transaction or holding under review or investigation pursuant to this Act to furnish under oath, in the form of reports or otherwise, at any time as may be required by the Secretary, complete information relative to any act, transaction, or holding, subject to the provisions of this Act. In carrying out this Act, the Secretary may— require that information or reports required to be submitted under subsection
(a)include the production of any documents relating to any act, transaction, or property relating to a transaction or holding under review or investigation; require information or reports required to be submitted under subsection
(a)before, during, or after consummation of a transaction or holding under review or investigation; and conduct investigations, hold hearings, administer oaths, examine witnesses, receive evidence, take depositions, and require by subpoena the attendance and testimony of witnesses and the production of any documents relating to any transaction or holding under review or investigation, regardless of whether any report has been required or filed in connection therewith, including through another person or agency. Any person producing any document to the Secretary pursuant to this section shall produce the document in a format useable to the Department of Commerce, which may be detailed in the request for documents or otherwise agreed to by the parties. Subject to paragraph (2), any information or document not otherwise publicly or commercially available that has been submitted to the Secretary under this Act shall not be released publicly except to the extent required by Federal law. Not withstanding paragraph (1), the Secretary may disclose information or documents that are not otherwise publicly or commercially available in the following circumstances: Pursuant to an administrative or judicial proceeding, including any judicial review under section 12. Pursuant to an Act of Congress. Pursuant to a request from a relevant committee of Congress. Pursuant to a request from any Federal, State, or local governmental entity, or to any foreign government entity of a United States ally or partner, if such request is important to the national security analysis or actions of the Secretary, but only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements. If any party to whom the information or documents pertain consents to such disclosure. If the Secretary determines, in the sole and unreviewable discretion of the Secretary, that the release of such information is in the national interest of the United States. Any other purpose authorized by Federal law.
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