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Export Trading Company Affairs (ETCA)

The Export Trade Certificate of Review Program - The Competitive Edge for U.S. Exporters

Sample 9

Applicant, an unincorporated association, has applied to the Department of Commerce for a certificate of review under Title III of the Export Trading Company Act of 1982, 15 U.S.C. && 4011-4021, (the Act), and its implementing regulations, 15 C.F.R. pt. 325 (1999), (the Regulations).

The application was deemed submitted on XXXX, and a summary of the application was published in the Federal Register on XXXX.

The Secretary of Commerce and the Attorney General have reviewed the application and other information in their possession. Based on analysis of this information, the Secretary of Commerce has determined, and the Attorney General concurs, that the Export Trade and Export Trade Activities and Methods of Operation set forth below meet the four standards set forth in Section 303(a) of the Act.

Accordingly, under the authority of the Act and the Regulations, Applicant is certified to engage in the Export Trade Activities and Methods of Operation described below in the following Export Trade and Export Markets.

Export Trade

Products
Wood chips, sawdust, shavings and other wood fibers other than pulp (collectively herein, "wood chips").

Export Markets


The export markets include all parts of the world except the United States (the fifty states of the United States, 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


Applicant and its members may:

1. Discuss supply and demand for wood chips in export trade, including the quantities of wood chips desired by export customers, the supply of wood chips, based on domestic supply and demand, available for export trade, and anticipated export prices. Applicant and its members may not discuss specific prices or quantities in specific domestic transactions by any member provided however that each member may, individually and on a confidential basis, furnish such information to Applicant's secretary who will compute averages and trends regarding domestic prices and quantities for disclosure to the members. The secretary shall not disclose to the member the specific information furnished by any other member.

2. Discuss and/or agree upon the terms of export sales of wood chips to foreign buyers.

3. Discuss and/or agree upon export prices to be charged by Applicant and/or the members for the sale of wood chips to foreign buyers.

4. Limit membership in Applicant to companies which export wood chips.

5. Exclude from membership in Applicant companies which are owned or controlled by, or are affiliated with, foreign individuals, corporations or governments.

Members


For purposes of this certificate, Company 1; Company 2; Company 3; Company 4; and Company 5 are "members" within the meaning of section 325.2(1) of the Regulations.

Terms and Conditions of Certificate


a. Applicant and its members shall not intentionally disclose, directly or indirectly, to other suppliers of wood chips any information about its costs, production, capacity, inventories, domestic prices, domestic sales, domestic orders, terms of domestic marketing or sale, or U.S. business plans, strategies or methods, unless such information is already generally available to the trade or public.

b. Applicant and its members will comply with requests made by the Department of Commerce on behalf of itself or the Department of Justice for information or document s relevant t conduct under the certificate. The Department of Commerce will request such information when either the Department of Justice or the Department of Commerce believes that it requires the information or documents to determine that the Export Trade, Export Trade Activities or Methods of Operation of the persons protected by this certificate of review continue to comply with the standards of section 303(a) of the Act.

Protection Provided By Certificate


This certificate protects Applicant, its members 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 until it is revoked or modified as provided in section 304(b) of the Act and section 325.10 of the Regulations.

Other Conduct

Nothing in this certificate prohibits Applicant and its members from engaging in conduct not specified in this certificate, but such conduct is subject to the normal application of the antitrust laws.

Disclaimer


The issuance of this Certificate of Review to Applicant by the United States Government 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 Applicant or (b) the legality of such business plans of Applicant 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 Certificates of Review (Second Edition)," 50 Fed. Reg. 1786 (January 11th, 1985).

In accordance with the authority granted under the Act and Regulations, this Certificate of Review is hereby granted to Applicant.



Last Updated: 7/29/13 8:31 PM