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U.S. Code as of:
01/19/04
Section 155. Authority of registrar in obtaining evidence
(a) Subpena for attendance of witness and production of records,
etc.
For the efficient administration of the functions vested in the
registrar by this chapter, he may require, by subpoena issued by
him or under his direction, (1) the attendance of any witness and
the production of any book, paper, document, or other evidence from
any place in China at any designated place of hearing in China, or,
if the witness is actually resident or temporarily sojourning
outside of China, at any designated place of hearing within fifty
miles of the actual residence or place of sojourn of such witness,
and (2) the taking of a deposition before any designated person
having power to administer oaths. In the case of a deposition, the
testimony shall be reduced to writing by the person taking the
deposition or under his direction, and shall then be subscribed by
the deponent. The registrar, or any officer, employee, or agent of
the United States authorized in writing by him, may administer
oaths and examine any witness. Any witness summoned or whose
deposition is taken under this section shall be paid the same fees
and mileage as are paid witnesses in the courts of the United
States.
(b) Aid of Federal district court
In the case of failure to comply with any subpoena or in the case
of the contumacy of any witness before the registrar or any
individual so authorized by him, the registrar or such individual
may invoke the aid of any Federal district court. Such court may
thereupon order the witness to comply with the requirements of such
subpoena and to give evidence touching the matter in question. Any
failure to obey such order may be punished by such court as a
contempt thereof.
(c) Repealed. Pub. L. 91-452, title II, Sec. 217, Oct. 15, 1970, 84
Stat. 929
(d) Access of registrar or his employee to books and records
For the efficient administration of the functions vested in the
registrar by this chapter, he, or any officer, employee, or agent
of the United States authorized in writing by him, shall at all
reasonable times, for the purpose of examination, have access to
and the right to copy any book, account, record, paper, or
correspondence relating to the business or affairs of a China Trade
Act corporation. Any person who upon demand refuses the registrar,
or any duly authorized officer, employee, or agent, such access or
opportunity to copy, or hinders, obstructs, or resists him in the
exercise of such right, shall be liable to a penalty of not more
than $5,000 for each such offense. Such penalty shall be
recoverable in a civil suit brought in the name of the United
States.
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