Page:United States Statutes at Large Volume 104 Part 5.djvu/353

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3675 "(B) prepare and submit a marketing plan to the Secretary that meets the guidelines governing such plans established by the Secretary; and "(C) meet any other requirements established by the Secretary. "(2) PRIORITY BASIS FOR EXPORT ASSISTANCE.— The Secretary shall provide export assistance under this section on a priority basis in the case of an unfair trade practice. "(d) EuGiBLE TRADE ORGANIZATIONS. — An eligible trade organization shall be— "(1) a United States agricultural trade organization or regional State-related organization that promotes the export and sale of agricultural commodities and that does not stand to profit directly from specific sales of Eigricultural commodities; "(2) a cooperative organization or State agency that promotes the sale of agricultural commodities; or "(3) a private organization that promotes the export and sale of agricultural commodities if the Secretary determines that such organization would significantly contribute to United States export market development. " (e) APPROVED MARKETING PLAN.— "(1) IN GENERAL—A marketing plan submitted by an eligible trade organization under this section shall describe the advertising or other market oriented export promotion activities to be carried out by the eligible trade organization with respect to which assistance under this section is being requested. "(2) REQUIREMENTS. — To be approved by the Secretary, a marketing plan submitted under this subsection shall— "(A) specifically describe the manner in which assistance received by the eligible trade organization in conjunction with funds and services provided by the eligible trade organization will be expended in implementing the marketing plan; "(B) establish specific market goals to be achieved as a result of the marketing promotion program; and "(C) contain whatever additional requirements are determined by the Secretary to be necessary. "(3) AMENDMENTS. — A marketing plan may be amended by the eligible trade organization at any time, with the approval of the Secretary. "(4) BRANDED PROMOTION. — An agreement entered into under this section may provide for the use of branded advertising to promote the sale of agricultural commodities in a foreign country under such terms and conditions as may be established by the Secretary. "(f) OTHER TERMS AND CONDITIONS. — "(1) MULTI-YEAR BASIS. —The Secretary may provide assistance under this section on a multi-year basis, subject to annual review by the Secretary for compliance with the approved marketing plan. "(2) TERMINATION OF ASSISTANCE.— The Secretary may terminate any assistance made, or to be made, available under this section if the Secretary determines that— "(A) the eligible trade organization is not adhering to the terms and conditions of the program established under this section; -194O-91-12:QL3Part5

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