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Export Trading Company Affairs (ETCA)
The Export Trade Certificate of Review Program - The Competitive Edge for U.S. Exporters
[Federal Register: June 14, 2000 (Volume 65, Number 115)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 00-00001]
Export Trade Certificate of Review; Notice of Issuance of an
Export Trade Certificate of Review
SUMMARY: The Department of Commerce has issued an Export Trade
Certificate of Review to North America Export Trading, LLC (``NAXT'').
This notice summarizes the conduct for which certification has been
FOR FURTHER INFORMATION CONTACT: Morton Schnabel, Director, Office of
Export Trading Company Affairs, International Trade Administration,
202-482-5131. This is not a toll-free number.
SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act
of 1982 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to
issue Export Trade Certificates of Review. The regulations implementing
Title III are found at 15 CFR Part 325 (1999).
The Office of Export Trading Company Affairs (``OETCA'') is issuing
this notice pursuant to 15 CFR 325.6(b), which requires the Department
of Commerce to publish a summary of a Certificate in the Federal
Register. Under Section 305(a) of the Act and 15 CFR 325.11(a), any
person aggrieved by the Secretary's determination may, within 30 days
of the date of this notice, bring an action in any appropriate district
court of the United States to set aside the determination on the ground
that the determination is erroneous.
Description of Certified Conduct
3. Technology Rights
Technology rights including, but not limited to: Patents,
trademarks, copyrights and trade secrets that relate to Products and
4. Export Trade Facilitation Services (as They Relate to the Export of
Products, Services and Technology Rights)
Export Trade Facilitation Services, including, but not limited to:
Professional services in the areas of government relations and
assistance with state and federal export programs; foreign trade and
business protocol; consulting; market research and analysis; collection
of information on trade opportunities; marketing; negotiations; joint
ventures; shipping and export management; export licensing;
advertising; grantsmanship; documentation and services related to
compliance with customs requirements; insurance and financing; bonding;
warehousing; export trade promotion; trade show exhibitions and
organization; organizational development; management and labor
strategies; transfer of technology, transportation; and facilitating
the formation of shippers' associations.
The Export Markets include all parts of the world except the United
States (the fifty states of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands).
Export Trade Activities and Methods of Operation
1. Provide and/or arrange for the provision of Export Trade
2. Engage in promotion and marketing activities and collect and
distribute information on trade opportunities in Mexico, Latin America,
and all other Export Markets;
3. Enter into exclusive and/or non-exclusive agreements with
distributors, foreign buyers, and/or sales representatives in Export
4. Enter into exclusive or non-exclusive sales agreements with
Suppliers, Export Intermediaries, or other persons for the sale of
Products and Services;
5. Enter into exclusive or non-exclusive agreements with Suppliers,
Export Intermediaries, or other persons for licensing Technology Rights
in Export Markets;
6. Assign sales to or among Suppliers, Export Intermediaries, or
other persons, provided that NAXT does not intentionally disclose to
any Supplier any information about other Suppliers' sales to NAXT for
7. Assign the licensing of Technology Rights in Export Markets
among Suppliers, Export Intermediaries, or other persons, provided that
NAXT does not intentionally disclose to any Supplier any information
about other Suppliers' licenses;
8. Establish the price of Products and Services for sale in Export
9. Establish the fee for licensing of Technology Rights in Export
Markets, as well as maintenance and financing commitments;
10. Negotiate, enter into, and/or manage licensing agreements and
long-term purchase arrangements involving the export of Technology
11. Provide extensive intergovern- mental services to facilitate
the grants and funding involvement of public and nongovernmental
funding sources for private sector benefits in terms of export activity
for goods and services.
Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of Operation,
NAXT will not intentionally disclose, directly or indirectly, to any
Supplier any information about any other Supplier's costs, production,
capacity, inventories, domestic prices, domestic sales, or U.S.
business plans, strategies, or methods that is not already generally
available to the trade or public.
2. NAXT will comply with requests made by the Secretary of Commerce
on behalf of the Secretary or the Attorney General for information or
documents relevant to conduct under the Certificate. The Secretary of
Commerce will request such information or documents when either the
Attorney General or the Secretary of Commerce believes that the
information or documents are required to determine that the Export
Trade, Export Trade Activities and Methods of Operation of a person
protected by this Certificate of Review continue to comply with the
standards of Section 303(a) of the Act.
1. ``Export Intermediary'' means a person who acts as a
distributor, sales representative, sales or marketing agent, or broker,
or who performs similar functions, including providing or arranging for
the provision of Export Trade Facilitation Services.
2. ``Supplier'' means a person who produces, provides, or sells a
Product and/or a Service.
A copy of this certificate will be kept in the International Trade
Administration's Freedom of Information Records Inspection Facility
Room 4102, U.S. Department of Commerce, 14th Street and Constitution
Avenue, N.W., Washington, D.C. 20230.
Dated: June 8, 2000.
Director, Office of Export Trading Company Affairs.
[FR Doc. 00-14984 Filed 6-13-00; 8:45 am]
BILLING CODE 3510-DR-U