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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)]
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. 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
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.
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
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
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
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.
Director, Office of Export Trading Company Affairs.
[FR Doc. 00-3006 Filed 2-9-00; 8:45 am]
BILLING CODE 3510-DR-U