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LegalText 7 U.S.C. § 5661 Program controls for export programs us united_states_code code_section 7 AGRICULTURE 87 EXPORT PROMOTION 5661 7 U.S.C. § 5661 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc07@119-100.zip /us/usc/t7/s5661 data/legal/raw/us/code/title-07/usc07.xml 2b32e4d8a1c2171f8ccd9808e93a251f37ca481b3f8ca310cfbbd4e1c0545462 50edab1679a711653797362c0aeb8f2273303fe473fb7fa16df1ee76bdd6e984 de4978d2171e1f27242c6850138f00e5d26a42276b823689aaf465c2b08ffc17 2026-07-04 official
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7 U.S.C. § 5661 - Program controls for export programs

Text

(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 or 5622 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 and 5622 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. 95501, title IV, § 401, as added Pub. L. 101624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3680; amended Pub. L. 104127, title II, § 246, Apr. 4, 1996, 110 Stat. 969; Pub. L. 110246, title III, § 3103(b)(4), June 18, 2008, 122 Stat. 1832.)

Notes

Editorial Notes

Prior ProvisionsA prior section 401 of Pub. L. 95501 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. 95501 by Pub. L. 101624.

Amendments2008—Subsec. (a). Pub. L. 110246, § 3103(b)(4)(A), substituted “section 5621 or 5622” for “section 5621, 5622, or 5651”. Subsec. (b). Pub. L. 110246, § 3103(b)(4)(B), substituted “sections 5621 and 5622” for “sections 5621, 5622, and 5651”. 1996—Subsec. (a). Pub. L. 104127 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.”

Statutory Notes and Related Subsidiaries

Effective Date of 2008 AmendmentAmendment by Pub. L. 110246 effective May 22, 2008, see section 4(b) of Pub. L. 110246, set out as an Effective Date note under section 8701 of this title.