Page:United States Statutes at Large Volume 96 Part 1.djvu/1286

 96 STAT. 1244

PUBLIC LAW 97-290—OCT. 8, 1982 GUIDEUNES

15 USC 4017.

SEC. 307. (a) To promote greater certainty regarding the application of the antitrust laws to export trade, the Secretary, with the concurrence of the Attorney General, may issue guidelines— (1) describing specific t3T)es of conduct with respect to which the Secretary, with the concurrence of the Attorney General, has made or would make, determinations under sections 303 and 304, and (2) summarizing the factual and legal bases in support of the determinations. (b) Section 553 of title 5, United States Code, shall not apply to the issuance of guidelines under subsection (a). ANNUAL REPORTS

15 USC 4018.

SEC. 308. Every person to whom a certificate of review is issued shall submit to the Secretary an annual report, in such form and at such time as the Secretary may require, that updates where necessary the information required by section 302(a). DISCLOSURE OF INFORMATION

15 USC 4019.

SEC. 309. (a) Information submitted by any person in connection with the issuance, amendment, or revocation of a certificate of review shall be exempt from disclosure under section 552 of title 5, United States Code. (b)(1) Except as provided in paragraph (2), no officer or employee of the United States shall disclose commercial or financial information submitted in connection with the issuance, amendment, or revocation of a certificate of review if the information is privileged or confidential and if disclosure of the information would cause harm to the person who submitted the information. (2) Paragraph (1) shall not apply with respect to information disclosed— (A) upon a request made by the Congress or any committee of the Congress, (B) in a judicial or administrative proceeding, subject to appropriate protective orders, (C) with the consent of the person who submitted the information, (D) in the course of making a determination with respect to the issuance, amendment, or revocation of a certificate of review, if the Secretary deems disclosure of the information to be necessary in connection with making the determination, (E) in accordance with any requirement imposed by a statute of the United States, or (F) in accordance with any rule or regulation promulgated under section 310 permitting the disclosure of the information to an agency of the United States or of a State on the condition that the agency will disclose the information only under the circumstances specified in subparagraphs (A) through (E).

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