
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC5661]

 
                          TITLE 7--AGRICULTURE
 
                      CHAPTER 87--EXPORT PROMOTION
 
                    SUBCHAPTER IV--GENERAL PROVISIONS
 
                        Part A--Program Controls
 
Sec. 5661. Program controls for export programs


(a) Arrival certification

    With respect to a commodity provided, or for which financing or a 
credit guarantee or other assistance is made available, under a program 
authorized in section 5621, 5622, or 5651 of this title, the Commodity 
Credit Corporation shall require the exporter of the commodity to 
maintain records of an official or customary commercial nature or other 
documents as the Secretary may require, and shall allow representatives 
of the Commodity Credit Corporation access to the records or documents 
as needed, to verify the arrival of the commodity in the country that is 
the intended destination of the commodity.

(b) Diversion

    The unauthorized diversion of commodities under the programs 
authorized in sections 5621, 5622, and 5651 of this title is prohibited. 
The Commodity Credit Corporation shall establish procedures providing 
for the annual audit of a sufficient number of export transactions under 
such programs to ensure that the agricultural commodities that were the 
subject of such transactions arrived in the country of destination as 
provided in the sales agreement.

(c) Good faith

    The failure of an exporter, seller or other person to comply with 
the provisions of this section shall not affect the validity of any 
credit guarantee or other obligation of the Commodity Credit Corporation 
under the programs under this chapter with respect to any exporter, 
seller, or person who had no knowledge of such failure to comply at the 
time such exporter, seller, or person was assigned the credit guarantee 
or at the time the Corporation entered into such obligation.

(Pub. L. 95-501, title IV, Sec. 401, as added Pub. L. 101-624, title XV, 
Sec. 1531, Nov. 28, 1990, 104 Stat. 3680; amended Pub. L. 104-127, title 
II, Sec. 246, Apr. 4, 1996, 110 Stat. 969.)


                            Prior Provisions

    A prior section 401 of Pub. L. 95-501 enacted sections 1765a to 
1765h and 1769 of this title, amended section 1766b of this title, and 
redesignated sections 1762(d), (f), and 1763, as sections 1766a to 1766c 
of this title prior to the complete revision of Pub. L. 95-501 by Pub. 
L. 101-624.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-127 added subsec. (a) and struck out 
heading and text of former subsec. (a). Text read as follows: ``With 
respect to commodities or other assistance provided, or for which 
financing or credit guarantees are made available, under the programs 
authorized in sections 5621, 5622, and 5651 of this title, the Commodity 
Credit Corporation shall--
        ``(1) require the exporter to maintain records of an official or 
    customary commercial nature or other documents as the Secretary may 
    require, and have access to such documents or records as needed to 
    verify the arrival of agricultural commodities exported in 
    connection with such programs in the countries that were the 
    intended destination of such commodities; and
        ``(2) obtain certification from the seller or exporter of record 
    of such commodities, that there were no corrupt payments or extra 
    sales services, or other items extraneous to the transaction 
    provided, financed, or guaranteed in connection with the 
    transaction, and that the transaction complied with applicable 
    United States law.''
