Part A - Program Controls

7 USC 5661 - Program controls for export programs

(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.

7 USC 5662 - Compliance provisions

(a) Records 

(1) In general 
In the administration of the programs established under sections 5621, 5622, and 5623 of this title the Secretary shall require by regulation each exporter or other participant under the program to maintain all records concerning a program transaction for a period of not to exceed 5 years after completion of the program transaction, and to permit the Secretary to have full and complete access, for such 5-year period, to such records.
(2) Confidentiality 
The personally identifiable information contained in reports under subsection (a) of this section may be withheld in accordance with section 552 (b)(4) of title 5. Any officer or employee of the Department of Agriculture who knowingly discloses confidential information as defined by section 1905 of title 18 shall be subject to section 1905 of title 18. Nothing in this subsection shall be construed to authorize the withholding of information from Congress.
(b) Violation 
If any exporter, assignee, or other participant has engaged in fraud with respect to the programs authorized under this chapter, or has otherwise violated program requirements under this chapter, the Commodity Credit Corporation may
(1) hold such exporter, assignee, or participant liable for any and all losses to the Corporation resulting from such fraud or violation;
(2) require a refund of any assistance provided to such exporter, assignee, or participant plus interest, as determined by the Secretary; and
(3) collect liquidated damages from such exporter, assignee, or participant in an amount determined appropriate by the Secretary.

The provisions of this subsection shall be without prejudice to any other remedy that is available under any other provision of law.

(c) Suspension and debarment 
The Commodity Credit Corporation may suspend or debar for 1 or more years any exporter, assignee, or other participant from participation in one or more of the programs authorized by this chapter if the Corporation determines, after opportunity for a hearing, that such exporter, assignee, or other participant has violated the terms and conditions of the program or of this chapter and that the violation is of such a nature as to warrant suspension or debarment.
(d) False certifications 
The provisions of section 1001 of title 18 shall apply to any false certifications issued under this chapter.

7 USC 5663 - Departmental administration system

(a) In general 
With respect to each commercial export promotion program of the Department of Agriculture or the Commodity Credit Corporation, the Secretary shall
(1) specify by regulation the criteria used to evaluate and approve proposals for that program;
(2) establish a centralized system to permit the Foreign Agricultural Service to provide the history and current status of any proposal;
(3) provide for regular audits of program transactions to determine compliance with program objectives and requirements; and
(4) establish criteria to evaluate loans eligible for guarantees by the Commodity Credit Corporation, so as to ensure that the Corporation does not assume undue risk in providing such guarantees.
(b) Accessibility of information 
Information pertaining to the status of a particular proposal shall be retrievable within the central system by appropriate categories, as determined appropriate by the Secretary.

7 USC 5664 - Repealed. Pub. L. 104127, title II, 248, Apr. 4, 1996, 110 Stat. 969

Section, Pub. L. 95–501, title IV, § 404, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3682; amended Pub. L. 102–237, title III, § 312, Dec. 13, 1991, 105 Stat. 1856, related to regulations to implement export promotion provisions.