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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: February 10, 2000 (Volume 65, Number 28)]


[Page 6589-6590]

From the Federal Register Online via GPO Access []



International Trade Administration

Export Trade Certificate of Review

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

Application No. 99-00007.

SUMMARY: The Department of Commerce has issued an Export Trade

Certificate of Review to John L. Koenig. This notice summarizes the

conduct for which certification has been granted.

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

Export Trade

1. Products

All goods and services.

2. Technology Rights

All intellectual property rights associated with Products,

including, but not limited to: Patents, trademarks, service marks,

copyrights, trade secrets and know-how.

3. Export Trade Facilitation Services (as they Relate to the Export of

Products and Technology Rights)

Export Trade Facilitation Services, including, but not limited to:

consulting; international market research; marketing and trade

promotion; trade show participation; insurance; legal assistance;

transportation, trade documentation and freight forwarding;

communication and processing of export orders; warehousing; foreign

exchange; financing; taking title to goods; professional services in

areas of government relations and assistance with state and federal

programs and foreign trade and business protocol.

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).

[[Page 6590]]

Export Trade Activities and Methods of Operation

John L. Koenig may engage in the following activities with respect

to the Export Markets:

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

Facilitation Services;

2. Engage in promotion and marketing activities as they relate to

exporting Products to the Export Markets;

3. Enter into exclusive and non-exclusive export sales agreements

with Suppliers regarding sales of Products in the Export Markets; such

agreements may prohibit Suppliers from exporting independently of John

L. Koenig;

4. Enter into exclusive and non-exclusive sales and/or territorial

agreements with distributors in the Export Markets;

5. Establish the price of Products for sale in the Export Markets;

6. Allocate export orders among Suppliers;

7. Obtain information from individual Suppliers regarding their

inventories and near-term production schedules for the purpose of

determining the availability of Products for export and coordinating

exports with distributors; and

8. Enter into exclusive or non-exclusive agreements with Suppliers,

Export Intermediaries, or other persons for licensing Technology Rights

in Export Markets.

Terms and Conditions of Certificate

1. In engaging in Export Trade Activities and Methods of Operation,

John L. Koenig 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. John L. Koenig 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 John L. Koenig's Export Trade, Export Trade Activities, and

Methods of Operation 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


Protection Provided by Certificate

This Certificate protects John L. Koenig and any employee acting on

his 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, l4th Street and Constitution

Avenue, NW, Washington, DC 20230.

Dated: February 4, 2000.

Morton Schnabel,

Director, Office of Export Trading Company Affairs.

[FR Doc. 00-3006 Filed 2-9-00; 8:45 am]


Last Updated: 8/25/15 5:46 PM

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