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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 27, 2002 (Volume 67, Number 124)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
ACTION: Notice of Issuance of an Export Trade Certificate of Review,
Application No. 02-00001.
SUMMARY: The Department of Commerce has issued an Export Trade
Certificate of Review to ROCACO INC., (``ROCACO'') dba REIS Network and
World Business Exchange Network. This notice summarizes the conduct for
which certification has been granted.
FOR FURTHER INFORMATION CONTACT: Jeffrey C. Anspacher, Director, Office
of 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 firstname.lastname@example.org.
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 (2001).
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 the 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
1. Products. All products.
2. Services. All services.
3. Technology Rights. All intellectual property rights associated
with Products or 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 include 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 and dissemination of information on trade
opportunities; marketing; negotiations; joint ventures; export
management; export licensing; advertising; documentation and services
related to compliance with customs requirements; insurance and
financing; trade show exhibitions and seminars; organizational
development; management and labor strategies; transfer of technology;
and facilitating transportation and shipping.
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
ROCACO and/or its Member may:
1. Develop Export Trading Companies who provide and/or arrange for
the provision of Export Trade Facilitation Services;
2. Engage in promotional and marketing activities and collect
information on trade opportunities in the Export Markets and distribute
such information to clients;
3. 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;
4. Enter into exclusive and/or non-exclusive agreements with
distributors and/or sales representatives in Export Markets;
5. Allocate export sales or divide Export Markets among Suppliers
for the sale and/or licensing of Products, Services, and/or Technology
6. Allocate export orders among Suppliers;
7. Establish the price of Products, Services, and/or Technology
Rights for sales and/or licensing in Export Markets;
8. Negotiate, enter into, and/or manage licensing agreements for
the export of Technology Rights;
9. Enter into contracts for shipping; and
10. Exchange information on a one-to-one basis with individual
Suppliers regarding inventories and near-term production schedules for
the purpose of determining the availability of Products for export and
coordinating export with its distributors.
Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of Operation,
neither ROCACO nor its Member will 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 are not
already generally available to the trade or public.
2. ROCACO and its Member will comply with requests made by the
Secretary of Commerce on behalf of the Secretary of Commerce 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
1. ``Member,'' within the meaning of Section 325.2(1) of the
Regulation, is The REIS Foundation.
2. ``Supplier'' means a person who produces, provides, or sells
Products, Services and/or Technology Rights.
Protection Provided by the Certificate
This Certificate protects ROCACO, its Member, and their directors,
officers, and employees acting on their 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.
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, NW., Washington, DC 20230.
Dated: June 21, 2002.
Jeffrey C. Anspacher,
Director, Office of Export Trading, Company Affairs.
[FR Doc. 02-16195 Filed 6-26-02; 8:45 am]
BILLING CODE 3510-DR-P