Collapse to view only § 5662. Compliance provisions
- § 5661. Program controls for export programs
- § 5662. Compliance provisions
- § 5663. Departmental administration system
- § 5664. Repealed.
§ 5661. Program controls for export programs
(a) Arrival certification
(b) Diversion
(c) Good faith
(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.)
§ 5662. Compliance provisions
(a) Records
(1) In general
(2) Confidentiality
(b) Violation
If any exporter, assignee, or other participant has engaged in fraud with respect to the programs authorized under this chapter, or has otherwise violated program requirements under this chapter, the Commodity Credit Corporation may—
(1) hold such exporter, assignee, or participant liable for any and all losses to the Corporation resulting from such fraud or violation;
(2) require a refund of any assistance provided to such exporter, assignee, or participant plus interest, as determined by the Secretary; and
(3) collect liquidated damages from such exporter, assignee, or participant in an amount determined appropriate by the Secretary.
The provisions of this subsection shall be without prejudice to any other remedy that is available under any other provision of law.
(c) Suspension and debarment
(d) False certifications
(Pub. L. 95–501, title IV, § 402, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3681; amended Pub. L. 104–127, title II, § 247, Apr. 4, 1996, 110 Stat. 969; Pub. L. 110–246, title III, § 3103(b)(5), June 18, 2008, 122 Stat. 1833; Pub. L. 115–334, title III, § 3201(b)(1)(B), Dec. 20, 2018, 132 Stat. 4616.)
§ 5663. Departmental administration system
(a) In general
With respect to each commercial export promotion program of the Department of Agriculture or the Commodity Credit Corporation, the Secretary shall—
(1) specify by regulation the criteria used to evaluate and approve proposals for that program;
(2) establish a centralized system to permit the Foreign Agricultural Service to provide the history and current status of any proposal;
(3) provide for regular audits of program transactions to determine compliance with program objectives and requirements; and
(4) establish criteria to evaluate loans eligible for guarantees by the Commodity Credit Corporation, so as to ensure that the Corporation does not assume undue risk in providing such guarantees.
(b) Accessibility of information
(Pub. L. 95–501, title IV, § 403, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3682.)
§ 5664. Repealed. Pub. L. 104–127, title II, § 248, Apr. 4, 1996, 110 Stat. 969