50 USC App 2411(c)(1): Information concerning exporting license applications

          
Sec. 2411. Enforcement
(a) General authority

    (1) To the extent necessary or appropriate to the enforcement of 
this Act [sections 2401 to 2420 of this Appendix] or to the imposition 
of any penalty, forfeiture, or liability arising under the Export 
Control Act of 1949 [former sections 2021 to 2032 of this Appendix] or 
the Export Adminis
tration Act of 1969 [former sections 2401 to 2413 of this Appendix], the 
head of any department or agency exercising any function thereunder (and 
officers or employees of such department or agency specifically 
designated by the head thereof) may make such investigations within the 
United States, and the Commissioner of Customs (and officers or 
employees of the United States Customs Service specifically designated 
by the Commissioner) may make such investigations outside of the United 
States, and the head of such department or agency (and such officers or 
employees) may obtain such information from, require such reports or the 
keeping of such records by, make such inspection of the books, records, 
and other writings, premises, or property of, and take the sworn 
testimony of, any person. In addition, such officers or employees may 
administer oaths or affirmations, and may by subpena require any person 
to appear and testify or to appear and produce books, records, and other 
writings, or both, and in the case of contumacy by, or refusal to obey a 
subpena issued to, any such person, a district court of the United 
States, after notice to any such person and hearing, shall have 
jurisdiction to issue an order requiring such person to appear and give 
testimony or to appear and produce books, records, and other writings, 
or both, and any failure to obey such order of the court may be punished 
by such court as a contempt thereof. In addition to the authority 
conferred by this paragraph, the Secretary (and officers or employees of 
the Department of Commerce designated by the Secretary) may conduct, 
outside the United States, pre-license investigations and post-shipment 
verifications of items licensed for export, and investigations in the 
enforcement of section 8 of this Act [section 2407 of this Appendix].
    (2)(A) Subject to subparagraph (B) of this paragraph, the United 
States Customs Service is authorized, in the enforcement of this Act 
[sections 2401 to 2420 of this Appendix], to search, detain (after 
search), and seize goods or technology at those ports of entry or exit 
from the United States where officers of the Customs Service are 
authorized by law to conduct such searches, detentions, and seizures, 
and at those places outside the United States where the Customs Service, 
pursuant to agreements or other arrangements with other countries, is 
authorized to perform enforcement activities.
    (B) An officer of the United States Customs Service may do the 
following in carrying out enforcement authority under this Act [sections 
2401 to 2420 of this Appendix]:
        (i) Stop, search, and examine a vehicle, vessel, aircraft, or 
    person on which or whom such officer has reasonable cause to suspect 
    there are any goods or technology that has been, is being, or is 
    about to be exported from the United States in violation of this Act 
    [sections 2401 to 2420 of this Appendix].
        (ii) Search any package or container in which such officer has 
    reasonable cause to suspect there are any goods or technology that 
    has been, is being, or is about to be exported from the United 
    States in violation of this Act [sections 2401 to 2420 of this 
    Appendix].
        (iii) Detain (after search) or seize and secure for trial any 
    goods or technology on or about such vehicle, vessel, aircraft, or 
    person, or in such package or container, if such officer has 
    probable cause to believe the goods or technology has been, is 
    being, or is about to be exported from the United States in 
    violation of this Act [sections 2401 to 2420 of this Appendix].
        (iv) Make arrests without warrant for any violation of this Act 
    [sections 2401 to 2420 of this Appendix] committed in his or her 
    presence or view or if the officer has probable cause to believe 
    that the person to be arrested has committed or is committing such a 
    violation.

The arrest authority conferred by clause (iv) of this subparagraph is in 
addition to any arrest authority under other laws. The Customs Service 
may not detain for more than 20 days any shipment of goods or technology 
eligible for export under a general license under section 4(a)(3) 
[section 2403(a)(3) of this Appendix]. In a case in which such detention 
is on account of a disagreement between the Secretary and the head of 
any other department or agency with export license authority under other 
provisions of law concerning the export license requirements for such 
goods or technology, such disagreement shall be resolved within that 20-
day period. At the end of that 20-day period, the Customs Service shall 
either release the goods or technology, or seize the goods or technology 
as authorized by other provisions of law.
    (3)(A) Subject to subparagraph (B) of this paragraph, the Secretary 
shall have the responsibility for the enforcement of section 8 of this 
Act [section 2407 of this Appendix] and, in the enforcement of the other 
provisions of this Act [sections 2401 to 2420 of this Appendix], the 
Secretary is authorized to search, detain (after search), and seize 
goods or technology at those places within the United States other than 
those ports specified in paragraph (2)(A) of this subsection. The 
search, detention (after search), or seizure of goods or technology at 
those ports and places specified in paragraph (2)(A) may be conducted by 
officers or employees of the Department of Commerce designated by the 
Secretary with the concurrence of the Commissioner of Customs or a 
person designated by the Commissioner.
    (B) The Secretary may designate any employee of the Office of Export 
Enforcement of the Department of Commerce to do the following in 
carrying out enforcement authority under this Act [sections 2401 to 2420 
of this Appendix]:
        (i) Execute any warrant or other process issued by a court or 
    officer of competent jurisdiction with respect to the enforcement of 
    the provisions of this Act [sections 2401 to 2420 of this Appendix].
        (ii) Make arrests without warrant for any violation of this Act 
    [sections 2401 to 2420 of this Appendix] committed in his or her 
    presence or view, or if the officer or employee has probable cause 
    to believe that the person to be arrested has committed or is 
    committing such a violation.
        (iii) Carry firearms in carrying out any activity described in 
    clause (i) or (ii).

    (4) The authorities first conferred by the Export Administration 
Amendments Act of 1985
under paragraph (3) shall be exercised pursuant to guidelines approved 
by the Attorney General. Such guidelines shall be issued not later than 
120 days after the date of the enactment of the Export Administration 
Amendments Act of 1985 [July 12, 1985].
    (5) All cases involving violations of this Act [sections 2401 to 
2420 of this Appendix] shall be referred to the Secretary for purposes 
of determining civil penalties and administrative sanctions under 
section 11(c) of this Act [section 2410(c) of this Appendix], or to the 
Attorney General for criminal action in accordance with this Act 
[sections 2401 to 2420 of this Appendix].
    (6) Notwithstanding any other provision of law, the United States 
Customs Service may expend in the enforcement of export controls under 
this Act [sections 2401 to 2420 of this Appendix] not more than 
$12,000,000 in the fiscal year 1985 and not more than $14,000,000 in the 
fiscal year 1986.
    (7) Not later than 90 days after the date of the enactment of the 
Export Administration Amendments Act of 1985 [July 12, 1985], the 
Secretary, with the concurrence of the Secretary of the Treasury, shall 
publish in the Federal Register procedures setting forth, in accordance 
with this subsection, the responsibilities of the Department of Commerce 
and the United States Customs Service in the enforcement of this Act 
[sections 2401 to 2420 of this Appendix]. In addition, the Secretary, 
with the concurrence of the Secretary of the Treasury, may publish 
procedures for the sharing of information in accordance with subsection 
(c)(3) of this section, and procedures for the submission to the 
appropriate departments and agencies by private persons of information 
relating to the enforcement of this Act [sections 2401 to 2420 of this 
Appendix].
    (8) For purposes of this section, a reference to the enforcement of 
this Act [sections 2401 to 2420 of this Appendix] or to a violation of 
this Act [sections 2401 to 2420 of this Appendix] includes a reference 
to the enforcement or a violation of any regulation, order, or license 
issued under this Act [sections 2401 to 2420 of this Appendix].

(b) Immunity

    No person shall be excused from complying with any requirements 
under this section because of his privilege against self-incrimination, 
but the immunity provisions of section 6002 of title 18, United States 
Code, shall apply with respect to any individual who specifically claims 
such privilege.



(c) Confidentiality

        

            
 
          

    (1) Except as otherwise provided by the third sentence of section 
8(b)(2) [section 2407(b)(2) of this Appendix] and by section 11(c)(2)(C) 
of this Act [section 2410(c)(2)(C) of this Appendix], information 
obtained under this Act [sections 2401 to 2420 of this Appendix] on or 
before June 30, 1980, which is deemed confidential, including Shippers' 
Export Declarations, or with reference to which a request for 
confidential treatment is made by the person furnishing such 
information, shall be exempt from disclosure under section 552 of title 
5, United States Code, and such information shall not be published or 
disclosed unless the Secretary determines that the withholding thereof 
is contrary to the national interest. Information obtained under this 
Act [sections 2401 to 2420 of this Appendix] after June 30, 1980, may be 
withheld only to the extent permitted by statute, except that 
information obtained for the purpose of consideration of, or concerning, 
license applications under this Act [sections 2401 to 2420 of this 
Appendix] shall be withheld from public disclosure unless the release of 
such information is determined by the Secretary to be in the national 
interest. Enactment of this subsection shall not affect any judicial 
proceeding commenced under section 552 of title 5, United States Code, 
to obtain access to boycott reports submitted prior to October 31, 1976, 
which was pending on May 15, 1979; but such proceeding shall be 
continued as if this Act [sections 2401 to 2420 of this Appendix] had 
not been enacted.
    (2) Nothing in this Act [sections 2401 to 2420 of this Appendix] 
shall be construed as authorizing the withholding of information from 
the Congress or from the Government Accountability Office. All 
information obtained at any time under this Act [sections 2401 to 2420 
of this Appendix] or previous Acts regarding the control of exports, 
including any report or license application required under this Act 
[sections 2401 to 2420 of this Appendix], shall be made available to any 
committee or subcommittee of Congress of appropriate jurisdiction upon 
request of the chairman or ranking minority member of such committee or 
subcommittee. No such committee or subcommittee, or member thereof, 
shall disclose any information obtained under this Act [sections 2401 to 
2420 of this Appendix] or previous Acts regarding the control of exports 
which is submitted on a confidential basis unless the full committee 
determines that the withholding of that information is contrary to the 
national interest. Notwithstanding paragraph (1) of this subsection, 
information referred to in the second sentence of this paragraph shall, 
consistent with the protection of intelligence, counterintelligence, and 
law enforcement sources, methods, and activities, as determined by the 
agency that originally obtained the information, and consistent with the 
provisions of section 313 of the Budget and Accounting Act 1921 [31 
U.S.C. 716], be made available only by that agency, upon request, to the 
Comptroller General of the United States or to any officer or employee 
of the Government Accountability Office who is authorized by the 
Comptroller General to have access to such information. No officer or 
employee of the Government Accountability Office shall disclose, except 
to the Congress in accordance with this paragraph, any such information 
which is submitted on a confidential basis and from which any individual 
can be identified.
    (3) Any department or agency which obtains information which is 
relevant to the enforcement of this Act [sections 2401 to 2420 of this 
Appendix], including information pertaining to any investigation, shall 
furnish such information to each department or agency with enforcement 
responsibilities under this Act [sections 2401 to 2420 of this Appendix] 
to the extent consistent with the protection of intelligence, 
counterintelligence, and law enforcement sources, methods, and 
activities. The provisions of this paragraph shall not apply to 
information sub
ject to the restrictions set forth in section 9 of title 13, United 
States Code; and return information, as defined in subsection (b) of 
section 6103 of the Internal Revenue Code of 1986 [26 U.S.C. 6103(b)], 
may be disclosed only as authorized by such section. The Secretary and 
the Commissioner of Customs, upon request, shall exchange any licensing 
and enforcement information with each other which is necessary to 
facilitate enforcement efforts and effective license decisions. The 
Secretary, the Attorney General, and the Commissioner of Customs shall 
consult on a continuing basis with one another and with the heads of 
other departments and agencies which obtain information subject to this 
paragraph, in order to facilitate the exchange of such information.

(d) Reporting requirements

    In the administration of this Act [sections 2401 to 2420 of this 
Appendix], reporting requirements shall be so designed as to reduce the 
cost of reporting, recordkeeping, and export documentation required 
under this Act [sections 2401 to 2420 of this Appendix] to the extent 
feasible consistent with effective enforcement and compilation of useful 
trade statistics. Reporting, recordkeeping, and export documentation 
requirements shall be periodically reviewed and revised in the light of 
developments in the field of information technology.

(e) Simplification of regulations

    The Secretary, in consultation with appropriate United States 
Government departments and agencies and with appropriate technical 
advisory committees established under section 5(h) [section 2404(h) of 
this Appendix], shall review the regulations issued under this Act 
[sections 2401 to 2420 of this Appendix] and the commodity control list 
in order to determine how compliance with the provisions of this Act 
[sections 2401 to 2420 of this Appendix] can be facilitated by 
simplifying such regulations, by simplifying or clarifying such list, or 
by any other means.

(Pub. L. 96-72, Sec. 12, Sept. 29, 1979, 93 Stat. 530; Pub. L. 97-145, 
Secs. 3, 5, Dec. 29, 1981, 95 Stat. 1727, 1728; Pub. L. 99-64, title 
I, Sec. 113, July 12, 1985, 99 Stat. 148; Pub. L. 99-514, Sec. 2, Oct. 
22, 1986, 100 Stat. 2095; Pub. L. 100-418, title II, Sec. 2427, Aug. 23, 
1988, 102 Stat. 1361; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 
Stat. 814.)

                       References in Text

    The Export Control Act of 1949, referred to in subsec. (a)(1), is 
act Feb. 26, 1949, ch. 11, 63 Stat. 7, as amended, which was classified 
to sections 2021 to 2032 of this Appendix, and terminated on Dec. 31, 
1969, pursuant to the terms of that Act. For complete classification of 
this Act to the Code, see Tables.
    The Export Administration Act of 1969, referred to in subsec. 
(a)(1), is Pub. L. 91-184, Dec. 30, 1969, 83 Stat. 841, as amended, 
which was classified generally to sections 2401 to 2413 of this 
Appendix, and terminated on Sept. 30, 1979, pursuant to the terms of 
that Act. For complete classification of this Act to the Code, see 
Tables.
    The Export Administration Amendments Act of 1985, referred to in 
subsec. (a)(4), is titles I and II of Pub. L. 99-64, July 12, 1985, 99 
Stat. 120, which, among other amendments, enacted par. (3) of subsec. 
(a) of this section. For complete classification of this Act to the 
Code, see Short Title of 1985 Amendment note set out under section 2401 
of this Appendix and Tables.
    Section 313 of the Budget and Accounting Act 1921, referred to in 
subsec. (c)(2), is section 313 of act June 10, 1921, ch. 18, title III, 
42 Stat. 26, which was classified to section 54 of former Title 31, and 
which was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 
Stat. 1068, and reenacted by the first section thereof as section 716 of 
Title 31, Money and Finance.
                            Prior Provisions

    A prior section 2411, Pub. L. 91-184, Sec. 12, Dec. 30, 1969, 83 
Stat. 846, relating to the effect on the Act of Feb. 15, 1936 (49 Stat. 
1140) and section 414 of the Mutual Security Act of 1934 (22 U.S.C. 
1934) provisions of the Export Administration Act of 1969, expired on 
Sept. 30, 1979.
                               Amendments

    2004--Subsec. (c)(2). Pub. L. 108-271 substituted ``Government 
Accountability Office'' for ``General Accounting Office'' wherever 
appearing.
    1988--Subsec. (a)(2)(B). Pub. L. 100-418 inserted at end ``The 
Customs Service may not detain for more than 20 days any shipment of 
goods or technology eligible for export under a general license under 
section 4(a)(3). In a case in which such detention is on account of a 
disagreement between the Secretary and the head of any other department 
or agency with export license authority under other provisions of law 
concerning the export license requirements for such goods or technology, 
such disagreement shall be resolved within that 20-day period. At the 
end of that 20-day period, the Customs Service shall either release the 
goods or technology, or seize the goods or technology as authorized by 
other provisions of law.''
    1986--Subsec. (c)(3). Pub. L. 99-514 substituted ``Internal Revenue 
Code of 1986'' for ``Internal Revenue Code of 1954''.
    1985--Subsec. (a)(1). Pub. L. 99-64, Sec. 113(a), designated 
existing provisions of subsec. (a) as par. (1), substituted ``such 
investigations within the United States, and the Commissioner of Customs 
(and officers or employees of the United States Customs Service 
specifically designated by the Commissioner) may make such 
investigations outside of the United States, and the head of such 
department or agency (and such officers or employees) may'' for ``such 
investigations and'', and ``a district court of the United States,'' for 
``the district court of the United States for any district in which such 
person is found or resides or transacts business, upon application, 
and'', and inserted sentence providing that in addition to the authority 
conferred by this paragraph, the Secretary (and officers or employees of 
the Department of Commerce designated by the Secretary) may conduct, 
outside the United States, pre-license investigations and post-shipment 
verifications of items licensed for export, and investigations in the 
enforcement of section 8 of this Act.
    Subsec. (a)(2) to (8). Pub. L. 99-64, Sec. 113(a)(5), added pars. 
(2) to (8).
    Subsec. (c)(3). Pub. L. 99-64, Sec. 113, substituted ``Any 
department or agency which obtains information which is relevant to the 
enforcement of this Act, including information pertaining to any 
investigation, shall furnish such information to each department or 
agency'' for ``Departments or agencies which obtain information which is 
relevant to the enforcement of this Act shall furnish such information 
to the department or agency'', and inserted sentences providing that the 
Secretary and the Commissioner of Customs, upon request, shall exchange 
any licensing and enforcement information with each other which is 
necessary to facilitate enforcement efforts and effective license 
decisions and that the Secretary, the Attorney General, and the 
Commissioner of Customs shall consult on a continuing basis with one 
another and with the heads of other departments and agencies which 
obtain information subject to this paragraph, in order to facilitate the 
exchange of such information.
    1981--Subsec. (c)(2). Pub. L. 97-145, Sec. 5, substantially 
reenacted existing provisions, inserted provisions that
the information may not be withheld from the General Accounting Office, 
and that the information be made available to the Comptroller General of 
the United States or to any officer or employee of the General 
Accounting Office who is authorized to have access to such information 
which is submitted on a confidential basis and from which any individual 
can be identified, consistent with the protection of intelligence, 
counterintelligence, and law enforcement sources, methods, and 
activities, as determined by the agency that originally obtained the 
information, and consistent with section 54 of title 31, be made 
available only by that agency.
    Subsec. (c)(3). Pub. L. 97-145, Sec. 3, added par. (3).

                          Transfer of Functions

    For transfer of functions, personnel, assets, and liabilities of the 
United States Customs Service of the Department of the Treasury, 
including functions of the Secretary of the Treasury relating thereto, 
to the Secretary of Homeland Security, and for treatment of related 
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, 
Domestic Security, and the Department of Homeland Security 
Reorganization Plan of November 25, 2002, as modified, set out as a note 
under section 542 of Title 6.