(Pub. L. 96–72, § 12,Sept. 29, 1979, 93 Stat. 530; Pub. L. 97–145, §§ 3,
5,Dec. 29, 1981, 95 Stat. 1727, 1728; Pub. L. 99–64, title I, § 113,July 12, 1985, 99 Stat. 148; Pub. L. 99–514, § 2,Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–418, title II, § 2427,Aug. 23, 1988, 102 Stat. 1361; Pub. L. 108–271, § 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
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
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
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, which was classified to section 54 of former Title 31, and which was repealed by Pub.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
, § 5(b),Sept. 13, 1982, 96 Stat. 1068
, and reenacted by the first section thereof as section
, Money and Finance.
A prior section
,Pub. L. 91–184
, § 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
) provisions of the Export Administration Act of 1969, expired on Sept. 30, 1979.
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
. 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
, § 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
, § 113(a)(5), added pars. (2) to (8).
Subsec. (c)(3). Pub. L. 99–64
, § 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
, § 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
, be made available only by that agency.
Subsec. (c)(3). Pub. L. 97–145
, § 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
, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section