EXPORT TRADE ACT

[PUBLIC NO. 126, 65TH CONGRESS, APPROVED APRIL 10, 1918 (40 STAT. 516, AS AMENDED; 15 U.S.C. 61).]

AN ACT To promote export trade, and for other purposes.

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TERMS DEFINED (40 Stat. 516; 15 U.S.C. 61).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the words "export trade" wherever used in this Act mean solely trade or commerce in goods, wares, or merchandise exported, or in the course of being exported from the United States or any Territory thereof to any foreign nation; but the words "export trade" shall not be deemed to include the production, manufacture, or selling for consumption or for resale, within the United States or any Territory thereof, of such goods, wares, or merchandise, or any act in the course of such production, manufacture, or selling for consumption or for resale. That the words "trade within the United States" wherever used in this Act mean trade or commerce among the several States or in any Territory of the United States, or in the District of Columbia, or between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or between the District of Columbia and any State or States.

That the word "association" wherever used in this Act means any corporation or combination, by contract or otherwise, of two or more persons, partnerships, or corporations.

EXPORT TRADE AND ANTITRUST LEGISLATION (40 Stat. 517; 15 U.S.C. 62).

SEC. 2. That nothing contained in the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen

This caption and each caption that precedes each section of this Act are not provisions of the Act. Such captions are additions made by the editors of this compilation.

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Meaning of
"export trade"
restricted.

"Trade
within the
United States,"
defined.

"Association" defined.

Association solely for export trade not in violation of Antitrust Act.

Condition.

Proviso.
Acts affecting
prices, or
lessening
competition
prohibited.

Ownership in other similar associations allowed.

Condition.

Unfair methods of

export trade prohibited.

be illegal an association entered into for the sole purpose of engaging in export trade and actually engaged solely in such export trade, or an agreement made or act done in the course of export trade by such association, provided such association, agreement, or act is not in restraint of trade within the United States, and is not in restraint of the export trade of any domestic competitor of such association: And provided further, That such association does not, either in the United States or elsewhere, enter into any agreement, understanding, or conspiracy, or do any act which artificially or intentionally enhances or depresses prices within the United States of commodities of the class exported by such association, or which substantially lessens competition within the United States or otherwise restrains trade therein.

ACQUISITION BY CORPORATION OF STOCK OR OTHER CAPITAL OF EXPORT TRADE CORPORATION (40 Stat. 517; 15 U.S.C. 63).

SEC. 3. That nothing contained in section seven of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes," approved October fifteenth, nineteen hundred and fourteen, shall be construed to forbid the acquisition or ownership by any corporation of the whole or any part of the stock or other capital of any corporation organized solely for the purpose of engaging in export trade, and actually engaged solely in such export trade, unless the effect of such acquisition or ownership may be to restrain trade or substantially lessen competition within the United States.

UNFAIR METHODS OF COMPETITION IN EXPORT TRADE (40 Stat. 517; 15 U.S.C.64).

SEC. 4. That the prohibition against "unfair methods competition in of competition" and the remedies provided for enforcing said prohibition contained in the Act entitled “An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," approved September twenty-sixth, nineteen hundred and fourteen, shall be construed as extending to unfair methods of competition used in export trade against competitors engaged in ex