§ 5661. Program controls for export programs
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(a)Arrival certification With respect to a commodity provided, or for which financing or a credit guarantee or other assistance is made available, under a program authorized in section 5621 or 5622 of this title, the Commodity Credit Corporation shall require the exporter of the commodity to maintain records of an official or customary commercial nature or other documents as the Secretary may require, and shall allow representatives of the Commodity Credit Corporation access to the records or documents as needed, to verify the arrival of the commodity in the country that is the intended destination of the commodity.
(b)Diversion The unauthorized diversion of commodities under the programs authorized in sections 5621 and 5622 of this title is prohibited. The Commodity Credit Corporation shall establish procedures providing for the annual audit of a sufficient number of export transactions under such programs to ensure that the agricultural commodities that were the subject of such transactions arrived in the country of destination as provided in the sales agreement.
(c)Good faith The failure of an exporter, seller or other person to comply with the provisions of this section shall not affect the validity of any credit guarantee or other obligation of the Commodity Credit Corporation under the programs under this chapter with respect to any exporter, seller, or person who had no knowledge of such failure to comply at the time such exporter, seller, or person was assigned the credit guarantee or at the time the Corporation entered into such obligation.
(Pub. L. 95–501, title IV, § 401, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3680; amended Pub. L. 104–127, title II, § 246, Apr. 4, 1996, 110 Stat. 969; Pub. L. 110–246, title III, § 3103(b)(4), June 18, 2008, 122 Stat. 1832.)
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Cited by 4 sections
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- Public Law 110–246To provide for the continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2012, and for other purposes
- Public Law 101–624To extend and revise agricultural price support and related programs, to provide for agricultural export, resource conservation, farm credit, and agricultural research and related programs, to ensure consumers an abundance of food and fiber at reasonable prices, and for other purposes
- Public Law 104–127To modify the operation of certain agricultural programs
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- Pub. L. 95–501, title IV, § 401
- Pub. L. 101–624, title XV, § 1531
- 104 Stat. 3680
- Pub. L. 104–127, title II, § 246
- 110 Stat. 969
- Pub. L. 110–246, title III, § 3103(b)(4)
- 122 Stat. 1832
- section 401 of Pub. L. 95–501
- Pub. L. 95–501
- Pub. L. 101–624
- Pub. L. 110–246, § 3103(b)(4)(A)
- Pub. L. 110–246, § 3103(b)(4)(B)
- Pub. L. 104–127
- Pub. L. 110–246
- section 4(b) of Pub. L. 110–246
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§ 5661
Program controls for export programs
Stat.×3
Stat. Comp.×1
Pub. L.Pub. L. 95–501, title IV, § 401
Pub. L.Pub. L. 101–624, title XV, § 1531
Stat.104 Stat. 3680
Pub. L.Pub. L. 104–127, title II, § 246
Stat.110 Stat. 969
Cites 17 · showing 7Cited by 4 across 2 sources