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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: May 12, 2003 (Volume 68, Number 91)]
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. 03-00002.
SUMMARY: The Department of Commerce has issued an Export Trade
Certificate of Review to EXIM Services of North America, Inc.
(``EXIM''). 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: Technology Rights, including, but not limited
to: patents, trademarks, copyrights, and trade secrets that relate to
Products and Services.
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 and assistance relating to government relations;
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; 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 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
With respect to the sale of Products and Services, licensing of
Technology Rights and provisions of Export Trade Facilitation Services
1. Provide and/or arrange for the provision of Export Trade
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 in 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-on-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 distributors.
Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of Operation,
EXIM 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 are not already generally
available to the trade or public.
2. EXIM 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 Act.
1. ``Supplier'' means a person who produces, provides, or sells
Products, Services and/or Technology Rights.
Protection Provided by the Certificate
This Certificate protects EXIM 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
Effective Period of Certificate
This Certificate continues in effect from the effective date
indicated below until it is relinquished, modified, or revoked as
provided in the Act and the Regulations.
Nothing in this Certificate prohibits EXIM from engaging in conduct
not specified in this Certificate, but such conduct is subject to the
normal application of the antitrust laws.
The issuance of this Certificate of Review to EXIM 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 by the Secretary or by the Attorney General
concerning either (a) the viability or quality of the business plans of
EXIM or (b) the legality of such business plans of EXIM under the laws
of the United States (other than as provided in the Act) or under the
laws of any foreign country. The application of this Certificate to
conduct in export trade where the United States Government is the buyer
or where the United States 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 Certificate
of Review (Second Edition),'' 50 FR 1786 (January 11, 1985).
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: May 5, 2003.
Jeffrey C. Anspacher,
Director, Office of Export Trading Company Affairs.
[FR Doc. 03-11687 Filed 5-9-03; 8:45 am]
BILLING CODE 3510-DR-P