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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 25, 2008 (Volume 73, Number 123)][Notices]

[Page 36041-36042]

DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 08-00003]

Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export Trade Certificate of Review to

AGLA Trade Link International (Application No. 08-00003).

SUMMARY: On June 18, 2008, the U.S. Department of Commerce issued an

Export Trade Certificate of Review to AGLA Trade Link International

(``ATLI''). This notice summarizes the conduct for which certification

has been granted.

FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export

Trading Company Affairs, International Trade Administration, by

telephone at (202) 482-5131 (this is not a toll-free number), or by e-

mail at oetca@ita.doc.gov.

SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act

of 1982 (15 U.S.C. Sections 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 (2006).

Export Trading Company Affairs (``ETCA'') is issuing this notice

pursuant to 15 CFR section 325.6(b), which requires the Secretary of

Commerce to publish a summary of the certification in the Federal

Register. Under Section 305(a) of the Act and 15 CFR section 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: ATLI is certified to engage in

the Export Trade Activities and Methods of Operation described below in

the following Export Trade and Export Markets.

I. Export Trade

1. Products: All Products.

2. Services: All Services.

3. Technology Rights: Technology rights that relate to Products and

Services, including, but not limited to, patents, trademarks,

copyrights, and trade secrets.

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 programs; foreign trade and business protocol; consulting;

market research and analysis; collection of information on trade

opportunities; marketing; negotiations; joint ventures; shipping;

export management; export licensing; advertising; documentation and

services related to compliance with customs requirements; insurance and

financing; trade show exhibitions; organizational development;

management and labor strategies; transfer of technology; transportation

services; and facilitating the formation of shippers' associations.

II. Export Markets

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).

III. Export Trade Activities and Methods of Operation

1. With respect to the sale of Products and Services, licensing of

Technology Rights, and the provision of Export Trade Facilitation

Services, ATLI, may:

a. Provide and/or arrange for the provision of Export Trade

Facilitation Services;

b. Engage in promotional and marketing activities and collect

information on trade opportunities in the Export Markets and distribute

such information to clients;

c. Enter into exclusive and/or non-exclusive licensing and/or sales

agreements with Suppliers for the export of Products, Services, and/or

Technology Rights to Export Markets;

d. Enter into exclusive and/or non-exclusive arrangements with

distributors and/or sales representatives in Export Markets;

e. Allocate export sales or divide Export Markets among Suppliers

for the sale and/or licensing of Products, Services, and/or Technology

Rights;

f. Allocate export orders among Suppliers;

g. Establish the price of Products, Services, and/or Technology

Rights for sales and/or licensing in Export Markets;

h. Negotiate, enter into, and/or manage licensing agreements for

the export of Technology Rights; and

i. Enter into contracts for shipping Products to Export Markets.

2. ATLI may exchange information on a one-to-one basis with its

individual

Suppliers regarding that Supplier's inventories and near-term

production schedules in order that the availability of Products for

export can be determined and effectively coordinated by ATLI with its

distributors in Export Markets.

V. Definition

``Supplier'' means a person who produces, provides, or sells

Products, Services and/or Technology Rights.

VI. Protection Provided by Certificate

The Certificate protects ATLI and its directors, officers, and

employees acting on its behalf, from private treble damage actions and

government criminal and civil suits under U.S. federal and state

antitrust laws for the export conduct specified in the Certificate and

carried out during its effective period in compliance with its terms

and conditions.

VII. Effective Period of Certificate

This Certificate continues in effect from June 18, 2008, until it

is relinquished, modified, or revoked as provided in the Act and the

Regulations.

VIII. Other Conduct

Nothing in the Certificate prohibits ATLI from engaging in conduct

not specified in the Certificate, but such conduct is subject to the

normal application of the antitrust laws.

IX. Disclaimers

1. The issuance of the Certificate of Review to ATLI by the

Secretary of Commerce with the concurrence of the Attorney General

under the provisions of the Act does not constitute, explicitly or

implicitly, an endorsement or opinion of the Secretary of Commerce or

the Attorney General concerning either (a) the viability or quality of

the business plans of ATLI or (b) the legality of such business plans

of ATLI under the laws of the United States (other than as provided in

the Act) or under the laws of any foreign country.

2. The application of the Certificate to conduct in Export Trade

where the U.S. Government is the buyer or where the U.S. Government

bears more than half the cost of the transaction is subject to the

limitations set forth in Section V.(D.) of the ``Guidelines for the

Issuance of Export Trade Certificates of Review (Second Edition),'' 50

FR 1786 (January 11, 1985).

A copy of the Certificate will be kept in the International Trade

Administration's Freedom of Information Records Inspection Facility,

Room 4100, U.S. Department of Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230.

Dated: June 19, 2008.

Jeffrey Anspacher,

Director, Export Trading Company Affairs



Last Updated: 7/29/13 8:31 PM