§ 3104. Rules and regulations
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(a)Authorization The authorities and responsibilities under this chapter may be exercised through such rules and regulations as may be necessary to carry out the purposes of this chapter.
(b)Recordkeeping and reports Rules or regulations issued pursuant to this chapter may require any person subject to the jurisdiction of the United States—
(1)to maintain a complete record of any information (including journals or other books of original entry, minute books, stock transfer records, lists of shareholders, or financial statements) which is essential to carrying out the surveys and studies to be conducted under this chapter; and
(2)to furnish, under oath, any report containing information which is determined to be necessary to carry out the surveys and studies conducted under this chapter.
When a report under paragraph
(2)is furnished under oath, such oath shall be by the officer of such person who is directly responsible for the maintenance and compilation of such information, and shall certify that the report was prepared in accordance with this chapter, is complete, and is to such officer’s best knowledge and belief, substantially accurate, except in a case in which, in accordance with rules and regulations issued under this chapter, estimates have been provided because data are not available from customary accounting records or precise data could not be obtained without undue burden, and the data subject to such estimates has been noted in the report.
(c)Access to information; limitation Access to information obtained under subsection (b)(2) of this section shall be available only to officials or employees designated to perform functions under this chapter, including consultants and persons working on contracts awarded pursuant to this chapter. Subject to the limitation of paragraph
(1)of this subsection, the President may authorize the exchange between agencies or officials designated by him of information furnished by any person under this chapter as he deems necessary to carry out the purposes of this chapter. Nothing in this section shall be construed to require any Federal agency to disclose to any official exercising authority under this chapter any information or report collected under legal authority other than this chapter where disclosure is prohibited by law. Information collected pursuant to subsection (b)(2) may be used only—
(1)for analytical or statistical purposes within the United States Government; or
(2)for the purpose of a proceeding under subsection
(e)of this section or under section 3105(b) or
(c)of this title.
No official or employee designated to perform functions under this chapter, including consultants and persons working on contracts awarded pursuant to this chapter, may publish or make available to any other person any information collected pursuant to subsection (b)(2) in a manner that the person who furnished the information can be specifically identified except as provided in this section. No person can compel the submission or disclosure of any report or constituent part thereof collected pursuant to this chapter, or any copy of such report or constituent part thereof, without the prior written consent of the person who maintained or furnished such report under subsection
(b)and without prior written consent of the customer, where the person who maintained or furnished such report included information identifiable as being derived from the records of such customer.
(d)Access to Bureau of Economic Analysis information The Bureau of the Census of the Department of Commerce is authorized, for purposes of augmenting and improving the quality of data collected by the Bureau of the Census, to have, upon written request, access to data relating to business enterprises that is collected directly by the Bureau of Economic Analysis for purposes of this chapter. The Bureau of Labor Statistics of the Department of Labor is authorized, for purposes of augmenting and improving the data collected by the Bureau of Labor Statistics, to have access, upon written request, to selected identification information on business enterprises and data on international services transactions, that is collected directly by the Bureau of Economic Analysis for purposes of this chapter. Officers and employees of the Bureau of the Census and the Bureau of Labor Statistics shall, for purposes of subsection (c), be deemed to be officials or employees designated to perform functions under this chapter.
(e)Penalty Any person who willfully violates subsection
(c)or
(d)shall, upon conviction, be fined not more than $10,000, in addition to any other penalty imposed by law.
(Pub. L. 94–472, § 5, Oct. 11, 1976, 90 Stat. 2062; Pub. L. 98–573, title III, § 306(b)(5), Oct. 30, 1984, 98 Stat. 3010; Pub. L. 101–533, §§ 6(d), (e), 7(a), Nov. 7, 1990, 104 Stat. 2349.)
Connections26 cite this
Cited by 26 sections · top 15
U.S. Code
CFR
- § 801.7Rules and regulations for the BE-13, Survey of New Foreign Direct Investment in the United States.
- § 801.10Rules and regulations for BE-12, Benchmark Survey of Foreign Direct Investment in the United States.
- § 801.11Rules and regulations for the BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons.
- § 801.8Rules and regulations for the BE-10, Benchmark Survey of U.S. Direct Investment Abroad.
- § 801.13Rules and regulations for the BE-180 Benchmark Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons.
- § 801.12Rules and regulations for the BE-140 Benchmark Survey of Insurance Transactions by U.S. Insurance Companies with Foreign Persons.
statutes-at-large
- Public Law 94–472To supplement the authority of the President to collect regular and periodic Information on international investment
- Public Law 101–533To augment and improve the quality of international data compiled by the Bureau of Economic Analysis under the International Investment and Trade in Services Survey Act by allowing that agency to share statistical establishment list information compiled by the Bureau of the Census, and for other pur
- Public Law 98–573To amend the trade laws, authorize the negotiation of trade agreements, extend trade preferences, change the tariff treatment with respect to certain articles and for other purposes
11 references not yet in our index
- Pub. L. 94–472, § 5
- 90 Stat. 2062
- Pub. L. 98–573, title III, § 306(b)(5)
- 98 Stat. 3010
- Pub. L. 101–533
- 104 Stat. 2349
- Pub. L. 101–533, § 7(a)
- Pub. L. 101–533, § 6(e)(1)
- Pub. L. 101–533, § 6(d)(2)
- Pub. L. 101–533, § 6(d)(1)
- Pub. L. 98–573
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cites case law
§ 3104
Rules and regulations
Fed. Reg.×10
C.F.R.×6
Stat.×6
U.S.C.×4
Pub. L.Pub. L. 94–472, § 5
Stat.90 Stat. 2062
Pub. L.Pub. L. 98–573, title III, § 306(b)(5)
Stat.98 Stat. 3010
Pub. L.Pub. L. 101–533
Cites 11 · showing 5Cited by 26 across 4 sources