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U.S. Code as of:
01/03/05
Section 1642. Enforcement by President
(a) Rules or regulations
The President is further authorized to take such other action,
including prohibiting or restricting the importation or exportation
of wheat or wheat-flour and to issue such rules or regulations
which shall have the force and effect of law, as may be necessary
in his judgment in the implementation of the International Wheat
Agreement.
(b) Reports; keeping and examination of books and records
All persons exporting or importing wheat or wheat-flour or
selling wheat or wheat-flour for export shall report to the
President such information as he may from time to time require and
keep such records as he finds to be necessary to enable him to
carry out the purposes of this chapter. Such information shall be
reported and such records shall be kept in accordance with such
regulations as the President may prescribe. For the purposes of
ascertaining the correctness of any report made or record kept, or
of obtaining information required to be furnished in any report,
but not so furnished, the President is authorized to examine such
books, papers, records, accounts, correspondence, contracts,
documents, and memoranda as are relevant to transactions under the
International Wheat Agreement and are within the control of any
such person.
(c) Penalty for violation
Any person failing to make any report or keep any record as
required by or pursuant to this section, or making any false report
or record or knowingly violating any rule or regulation of the
President issued pursuant to this section shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be subject to a
fine of not more than $1,000 for each violation.
(d) Forfeiture for excessive exports or imports
Any person who knowingly and willfully exports wheat or
wheat-flour from the United States, or who knowingly and willfully
imports wheat or wheat-flour into the United States for consumption
therein, in excess of the quantity of wheat or wheat-flour
permitted to be exported or imported, as the case may be, under
regulations issued by the President shall forfeit to the United
States a sum equal to two times the market value at the time of the
commission of any such act, of the quantity of wheat or wheat-flour
by which any such exportation or importation exceeds the authorized
amount which forfeiture shall be recoverable in a civil suit
brought in the name of the United States.
(e) Jurisdiction and venue of actions; remedies, fines, and
forfeitures as additional
The district courts of the United States shall have jurisdiction
of violations of this chapter or the rules and regulations
thereunder, and of all suits in equity and actions at law brought
to enforce any liability or duty created by this chapter or the
rules and regulations thereunder. Any criminal proceeding may be
brought in the district wherein any act or transaction constituting
the violation occurred. Any suit or action to enforce any liability
or duty created by this chapter or rules and regulations
thereunder, or to enjoin any violation of such chapter or rules and
regulations, may be brought in any such district wherein the
defendant is found or is a resident or transacts business. The
remedies, fines, and forfeitures provided for in this chapter shall
be in addition to, and not exclusive of, any of the remedies,
fines, and forfeitures under existing law.
(f) Delegation of authority
Any power, authority, or discretion conferred on the President by
this chapter may be exercised through such department, agency, or
officer of the Government as the President may direct, and shall be
exercised in conformity with such rules or regulations as he may
prescribe.
(g) Authorization of appropriations
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this section, including
the necessary expenses and contributions of the United States in
connection with the administration of the International Wheat
Agreement.
(h) Use of funds
Funds appropriated under authority of this chapter may be used
for the purchase or hire of passenger motor vehicles, for printing
and binding, for rent and personal services in the District of
Columbia and elsewhere without regard to the limitation contained
in section 607(g) of the Federal Employees Pay Act of 1945, as
amended [5 U.S.C. 947(g)],(!1) and for the employment of experts or
consultants or organization thereof, on a temporary basis, by
contract or otherwise, without regard to chapter 51 and subchapter
III of chapter 53 of title 5, at rates not in excess of $50 per
diem.
(i) Exclusion from Administrative Procedure Act
The functions exercised under authority of this chapter shall be
excluded from the operation of the Administrative Procedure Act (60
Stat. 237) except as to the requirements of sections 3 and 10
thereof.
(j) "Person" defined
The term "person" as used in this section shall include the
singular and the plural and any individual, partnership,
corporation, association, or any other organized group of persons.
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