[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3104]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 46--INTERNATIONAL INVESTMENT AND TRADE IN SERVICES SURVEY
Sec. 3104. Rules and regulations
(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) of this section 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) of this
section 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)
of this section 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) of this section, 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) of this
section shall, upon conviction, be fined not more than $10,000
