50 U.S. Code § 4606 - Short supply controls
Petroleum products refined in United States Foreign Trade Zones, or in the United States Territory of Guam, from foreign crude oil shall be excluded from any quantitative restrictions imposed under this section except that, if the Secretary finds that a product is in short supply, the Secretary may issue such regulations as may be necessary to limit exports.
The export restrictions contained in subsection (i) of this section and any export controls imposed under this section shall not affect any contract to harvest unprocessed western red cedar from State lands which was entered into before October 1, 1979, and the performance of which would make the red cedar available for export. Any export controls imposed under this section on any agricultural commodity (including fats, oils, and animal hides and skins) or on any forest product or fishery product, shall not affect any contract to export entered into before the date on which such controls are imposed. For purposes of this subsection, the term “contract to export” includes, but is not limited to, an export sales agreement and an agreement to invest in an enterprise which involves the export of goods or technology.
For purposes of subsection (d) of this section, and for purposes of any export controls imposed under this chapter, shipments of crude oil, refined petroleum products, or partially refined petroleum products from the United States for use by the Department of Defense or United States-supported installations or facilities shall not be considered to be exports.
 See References in Text note below.
For termination of amendment by section 501(c) of Pub. L. 100–449, see Effective and Termination Dates of 1988 Amendment note below.
For termination of authority granted by this chapter, see section 4622 of this title.
Section 812 of the Agricultural Act of 1970, referred to in subsec. (b)(1), is section 812 of Pub. L. 91–524, which was classified to section 612c–3 of Title 7, Agriculture, prior to repeal by Pub. L. 101–624, title XV, § 1578, Nov. 28, 1990, 104 Stat. 3702. See section 5712 of Title 7.
This chapter, referred to in subsecs. (c), (d), (g), and (k), was in the original “this Act”, meaning Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, known as the Export Administration Act of 1979, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of this title and Tables.
Section 12106 of title 46, referred to in subsec. (d)(1)(C), related to coastwise endorsements, prior to its omission and restatement of its provisions in the general amendment of chapter 121 of Title 46, Shipping, by Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1491. See sections 12102, 12112, 12116, 12117, and 12119 of Title 46 and Prior Provisions note under new section 12106 of Title 46.
Section 601(b)(4) of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsec. (g)(4)(E), is section 601(b)(4) of Pub. L. 94–329, June 30, 1976, 90 Stat. 729, which made provision for expedited procedures in the Senate, and is not classified to the Code.
For the effective date of this Act, referred to in subsecs. (h)(4) and (i)(1), as Sept. 30, 1979, see section 4621 of this title and References in Text notes set out thereunder.
Section was formerly classified to section 2406 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 2406 of the former Appendix to this title, Pub. L. 91–184, § 7, Dec. 30, 1969, 83 Stat. 845; Pub. L. 95–52, title I, §§ 113(a), 114, title II, § 201(c), June 22, 1977, 91 Stat. 241, 246, set forth enforcement procedures applicable to the Export Administration Act of 1969, prior to the expiration of the Act on Sept. 30, 1979. See section 4614 of this title.
1988—Subsec. (d)(1). Pub. L. 100–449 temporarily struck out “or” before “(B)” and inserted “, or (C) is transported to Canada, to be consumed therein, in amounts not to exceed an annual average of 50,000 barrels per day, in addition to exports under subparagraphs (A) and (B), except that any ocean transportation of such oil shall be by vessels documented under section 12106 of title 46” after “reenters the United States”. See Effective and Termination Dates of 1988 Amendment note below.
1987—Subsec. (k). Pub. L. 100–180 added subsec. (k).
1985—Subsec. (c). Pub. L. 99–64, § 109, amended subsec. (c) generally to require the Secretary to make and publish certain determinations of private petitions as well as on self-initiated motions before imposing monitoring or controls or both on exports of metallic materials capable of being recycled, to require that each petition filed requesting the imposition of monitoring, controls, or both, on metallic materials capable of being recycled indicate that each of the criteria in par. (3)(A) is satisfied, to require the Secretary to publish certain determinations, including findings of fact in support of the determinations, before deciding whether to impose monitoring, controls, or both on exports of such material, including whether there has been a significant increase, in relation to a specific period of time, in exports of such material in relation to domestic supply and demand, and whether exports of such material are as important as any other cause of the domestic price increase or shortage relative to demand, to allow the Secretary to impose monitoring, controls, or both, on a temporary basis after a petition is filed if the Secretary considers such action to be necessary to carry out the policy set forth in section 4602(2)(C) of this title, but before the Secretary makes a determination under par. (3) only if failure to take such temporary action would result in irreparable harm to the entity filing the petition, or to the national economy or segment thereof, including a domestic industry, requires that if the Secretary determines, on his initiative, to monitor, control, or both, the export of such material, the Secretary shall publish the reasons for such determination in accordance with par. (3)(A) and (B), requires that exports of material be as important as any other cause of the increased domestic prices or shortage, and sets a standard under which exports need not be the sole or principal cause of the price rise or domestic shortage in order for exports of the material to be controlled or monitored.
Subsec. (d)(1). Pub. L. 99–64, § 110(a)(1), substituted “subject to paragraph (2) of this subsection” for “unless the requirements of paragraph (2) of this subsection are met”.
Subsec. (d)(2)(A). Pub. L. 99–64, § 110(a)(2), substituted “the President so recommends to the Congress after making and publishing” for “the President makes and publishes” in the provisions preceding cl. (i).
Subsec. (d)(2)(B). Pub. L. 99–64, § 110(a)(3), substituted “includes such findings in his recommendation” for “reports such findings” and “after receiving that recommendation, agrees to a joint resolution which approves such exports on the basis of those findings, and which is thereafter enacted into law” for “thereafter, agrees to a concurrent resolution approving such exports on the basis of the findings”.
Subsec. (d)(4). Pub. L. 99–64, § 110(a)(4), added par. (4).
Subsec. (e)(1). Pub. L. 99–64, § 110(b), substituted “In any case in which the President determines that it is necessary to impose export controls on refined petroleum products in order to carry out the policy set forth in section 4602(2)(C) of this title, the President shall notify the Congress of that determination. The President shall also notify the Congress if and when he determines that such export controls are no longer necessary. During any period in which a determination that such export controls are necessary is in effect, no” for “No”.
Subsec. (g)(3). Pub. L. 99–64, § 110(d), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “If the authority conferred by this section or section 4605 of this title is exercised to prohibit or curtail the export of any agricultural commodity in order to carry out the policies set forth in subparagraph (B) or (C) of paragraph (2) of section 4602 of this title, the President shall immediately report such prohibition or curtailment to the Congress, setting forth the reasons therefor in detail. If the Congress, within 30 days after the date of its receipt of such report, adopts a concurrent resolution disapproving such prohibition or curtailment, then such prohibition or curtailment shall cease to be effective with the adoption of such resolution. In the computation of such 30-day period, there shall be excluded the days on which either House is not in session because of an adjournment of more than 3 days to a day certain or because of an adjournment of the Congress sine die.”
Subsec. (g)(4), (5). Pub. L. 99–64, § 110(d), added pars. (4) and (5).
Subsec. (i)(1). Pub. L. 99–64, § 110(c)(1), inserted “harvested from State or Federal lands” after “red cedar logs” in concluding provision.
Subsec. (i)(2). Pub. L. 99–64, § 110(c)(3), added par. (2). Former par. (2) redesignated (3).
Subsec. (i)(3), (4). Pub. L. 99–64, § 110(c)(2), redesignated former pars. (2) and (3) as (3) and (4), respectively. Former pars. (3) and (4) redesignated (4) and (5), respectively.
Subsec. (i)(5). Pub. L. 99–64, § 110(c)(2), redesignated former par. (4) as (5).
Subsec. (i)(5)(A). Pub. L. 99–64, § 110(c)(4), amended subpar. (A) generally, substituting “lumber of American Lumber Standards Grades of Number 3 dimension or better, or Pacific Lumber Inspection Bureau Export R-List Grades of Number 3 common or better” for “lumber without wane”.
Subsec. (j). Pub. L. 99–64, § 110(e), added subsec. (j) and struck out former subsec. (j) which related to the export of horses.
Amendment by Pub. L. 100–449 effective on the date the United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on the date the Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100–449, set out in a note under section 2112 of Title 19, Customs Duties.
Functions conferred upon President under this section delegated to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45 F.R. 29783, set out under section 4603 of this title, with exception of functions conferred upon President under subsec. (d)(2) of this section which were reserved to President.
In making continuing appropriations for fiscal year 1981, Pub. L. 96–536, §§ 101(o), 102, Dec. 16, 1980, 94 Stat. 3169, as amended by Pub. L. 97–12, § 401, June 5, 1981, 95 Stat. 95, provided in part for the period Dec. 15, 1980, to Sept. 30, 1981: “such amounts as may be necessary for programs, projects, and activities provided for in the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1981 (H.R. 7584), to the extent and in the manner provided for in such Act as enacted by the Congress.” H.R. 7584, which was enacted by the Congress and vetoed by the President Dec. 13, 1980, contained a section 610 that read:
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