7 USC 5712(a)(2): Export sales

          
Sec. 5712. Export reporting and contract sanctity




(a) Export sales reports

                           (1) In general

        All exporters of wheat and wheat flour, feed grains, oil seeds, 
    cotton, beef, and products thereof, and other commodities that the 
    Secretary may designate produced in the United States shall report 
    to the Secretary of Agriculture, on a weekly basis, the following 
    information regarding any contract for export sales entered into or 
    subsequently modified in any manner during the reporting period:
            (A) type, class, and quantity of the commodity sought to be 
        exported;
            (B) the marketing year of shipment; and
            (C) destination, if known.

        

            
 
          

           (2) Confidentiality and compilation of reports

        Individual reports shall remain confidential but shall be 
    compiled by the Secretary and published in compilation form each 
    week following the week of reporting.

                       (3) Immediate reporting

        All exporters of agricultural commodities produced in the United 
    States shall, upon request of the Secretary, immediately report to 
    the Secretary any information with respect to export sales of 
    agricultural commodities and at such times as the Secretary may 
    request. When the Secretary requires that such information be 
    reported by exporters on a daily basis, the information compiled 
    from individual reports shall be made available to the public daily.

                   (4) Monthly reporting permitted

        The Secretary may, with respect to any commodity or type or 
    class thereof during any period in which the Secretary determines 
    that--
            (A) there is a domestic supply of such commodity 
        substantially in excess of the quantity needed to meet domestic 
        requirements,
            (B) total supplies of such commodity in the exporting 
        countries are estimated to be in surplus,
            (C) anticipated exports will not result in excessive drain 
        on domestic supplies, and
            (D) to require the reports to be made will unduly hamper 
        export sales,

    provide for such reports by exporters and publishing of such data to 
    be on a monthly basis rather than on a weekly basis.

(b) Failure to report

    Any person who knowingly fails to make any report required under 
this section shall be fined not more than $25,000 or imprisoned for not 
more than 1 year, or both.

(c) Contract sanctity

    Notwithstanding any other provision of law, the President shall not 
prohibit or curtail the export of any agricultural commodity under an 
export sales contract--
        (1) that is entered into before the President announces an 
    action that would otherwise prohibit or curtail the export of the 
    commodity, and
        (2) the terms of which require delivery of the commodity within 
    270 days after the date of the suspension of trade is imposed,

except that the President may prohibit or curtail the export of any 
agricultural commodity during a period for which the President has 
declared a national emergency or for which the Congress has declared 
war.

(Pub. L. 95-501, title VI, Sec. 602, as added Pub. L. 101-624, title XV, 
Sec. 1531, Nov. 28, 1990, 104 Stat. 3688; amended Pub. L. 102-237, title 
III, Sec. 327, Dec. 13, 1991, 105 Stat. 1858; Pub. L. 106-78, title IX, 
Sec. 921, Oct. 22, 1999, 113 Stat. 1206.)

[[Page 1411]]

                          Amendment of Section

        For termination of amendment by section 942 of Pub. L. 106-78, 
    see Termination Date of 1999 Amendment note below.


                            Prior Provisions

    A prior section 602 of Pub. L. 95-501 enacted section 1765b-1 of 
this title prior to the complete revision of Pub. L. 95-501 by Pub. L. 
101-624.


                               Amendments

    1999--Subsec. (a)(1). Pub. L. 106-78, Secs. 921, 942, 
temporarily inserted ``, beef,'' after ``cotton'' in introductory 
provisions. See Termination Date of 1999 Amendment note below.
    1991--Subsec. (a)(1). Pub. L. 102-237, Sec. 327(1), substituted 
``designate produced'' for ``designate as produced'' in introductory 
provisions.
    Subsec. (a)(2). Pub. L. 102-237, Sec. 327(2), struck out ``in 
accordance with subsection (c)'' after ``shall remain confidential''.


                   Termination Date of 1999 Amendment

    Amendment by Pub. L. 106-78 to terminate Sept. 30, 2010, see section 
942 of Pub. L. 106-78, as amended, set out in a Livestock Mandatory 
Reporting note under section 1635 of this title.