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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)]


[Page 25341-25342]

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. 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

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

Export Trade

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.

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).

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

EXIM may:

1. 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 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;

[[Page 25342]]

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

and conditions.

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.

Other Conduct

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]


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

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