---
kind: "section"
citation: "15 U.S.C. § 4016"
title: "15"
title_heading: "Commerce and Trade"
number: "4016"
heading: "Protection conferred by certificate of review"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/4016"
units:
  - "Chapter 66 — Promotion of Export Trade"
  - "Subchapter II — Export Trade Certificates of Review"
---

# §4016. Protection conferred by certificate of review

- (a) **Protection from civil or criminal antitrust actions—** Except as provided in [subsection (b)](#b), no criminal or civil action may be brought under the [antitrust laws](/usc/15/4021.md?p=6) against a [person](/usc/15/4021.md?p=5) to whom a certificate of review is issued which is based on conduct which is specified in, and complies with the terms of, a certificate issued under [section 4013 of this title](/usc/15/4013.md) which certificate was in effect when the conduct occurred.
- (b) **Special restraint of trade civil actions; time limitations; certificate governed conduct presumed in compliance; award of costs to successful defendant; suit by Attorney General—**
  - (1) Any [person](/usc/15/4021.md?p=5) who has been injured as a result of conduct engaged in under a certificate of review may bring a civil action for injunctive relief, actual damages, the loss of interest on actual damages, and the cost of suit (including a reasonable attorney’s fee) for the failure to comply with the standards of [section 4013(a) of this title](/usc/15/4013.md?p=a). Any action commenced under this subchapter shall proceed as if it were an action commenced under [section 15](/usc/15/15.md) or [section 26 of this title](/usc/15/26.md), except that the standards of [section 4013(a) of this title](/usc/15/4013.md?p=a) and the remedies provided in this paragraph shall be the exclusive standards and remedies applicable to such action.
  - (2) Any action brought under [paragraph (1)](#b-1) shall be filed within two years of the date the plaintiff has notice of the failure to comply with the standards of [section 4013(a) of this title](/usc/15/4013.md?p=a) but in any event within four years after the cause of action accrues.
  - (3) In any action brought under [paragraph (1)](#b-1), there shall be a presumption that conduct which is specified in and complies with a certificate of review does comply with the standards of [section 4013(a) of this title](/usc/15/4013.md?p=a).
  - (4) In any action brought under [paragraph (1)](#b-1), if the court finds that the conduct does comply with the standards of [section 4013(a) of this title](/usc/15/4013.md?p=a), the court shall award to the [person](/usc/15/4021.md?p=5) against whom the claim is brought the cost of suit attributable to defending against the claim (including a reasonable attorney’s fee).
  - (5) The [Attorney General](/usc/15/4021.md?p=8) may file suit pursuant to [section 25 of this title](/usc/15/25.md) to enjoin conduct threatening clear and irreparable harm to the national interest.

## Source credit

(Pub. L. 97–290, title III, § 306, Oct. 8, 1982, 96 Stat. 1243.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title.