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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: June 25, 2008 (Volume 73, Number 123)][Notices]
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 08-00003]
Export Trade Certificate of Review
ACTION: Notice of Issuance of an Export Trade Certificate of Review to
AGLA Trade Link International (Application No. 08-00003).
SUMMARY: On June 18, 2008, the U.S. Department of Commerce issued an
Export Trade Certificate of Review to AGLA Trade Link International
(``ATLI''). This notice summarizes the conduct for which certification
has been granted.
FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, 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 (2006).
Export Trading Company Affairs (``ETCA'') is issuing this notice
pursuant to 15 CFR section 325.6(b), which requires the Secretary of
Commerce to publish a summary of the certification in the Federal
Register. Under Section 305(a) of the Act and 15 CFR section 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: ATLI is certified to engage in
the Export Trade Activities and Methods of Operation described below in
the following Export Trade and Export Markets.
I. Export Trade
1. Products: All Products.
2. Services: All Services.
3. Technology Rights: Technology rights that relate to Products and
Services, including, but not limited to, patents, trademarks,
copyrights, and trade secrets.
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 in the areas of government relations and assistance with state
and federal programs; foreign trade and business protocol; consulting;
market research and analysis; collection of information on trade
opportunities; marketing; negotiations; joint ventures; shipping;
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 facilitating the formation of shippers' associations.
II. 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).
III. Export Trade Activities and Methods of Operation
1. With respect to the sale of Products and Services, licensing of
Technology Rights, and the provision of Export Trade Facilitation
Services, ATLI, may:
a. Provide and/or arrange for the provision of Export Trade
b. Engage in promotional and marketing activities and collect
information on trade opportunities in the Export Markets and distribute
such information to clients;
c. Enter into exclusive and/or non-exclusive licensing and/or sales
agreements with Suppliers for the export of Products, Services, and/or
Technology Rights to Export Markets;
d. Enter into exclusive and/or non-exclusive arrangements with
distributors and/or sales representatives in Export Markets;
e. Allocate export sales or divide Export Markets among Suppliers
for the sale and/or licensing of Products, Services, and/or Technology
f. Allocate export orders among Suppliers;
g. Establish the price of Products, Services, and/or Technology
Rights for sales and/or licensing in Export Markets;
h. Negotiate, enter into, and/or manage licensing agreements for
the export of Technology Rights; and
i. Enter into contracts for shipping Products to Export Markets.
2. ATLI may exchange information on a one-to-one basis with its
Suppliers regarding that Supplier's inventories and near-term
production schedules in order that the availability of Products for
export can be determined and effectively coordinated by ATLI with its
distributors in Export Markets.
``Supplier'' means a person who produces, provides, or sells
Products, Services and/or Technology Rights.
VI. Protection Provided by Certificate
The Certificate protects ATLI 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
VII. Effective Period of Certificate
This Certificate continues in effect from June 18, 2008, until it
is relinquished, modified, or revoked as provided in the Act and the
VIII. Other Conduct
Nothing in the Certificate prohibits ATLI from engaging in conduct
not specified in the Certificate, but such conduct is subject to the
normal application of the antitrust laws.
1. The issuance of the Certificate of Review to ATLI 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 of the Secretary of Commerce or
the Attorney General concerning either (a) the viability or quality of
the business plans of ATLI or (b) the legality of such business plans
of ATLI under the laws of the United States (other than as provided in
the Act) or under the laws of any foreign country.
2. The application of the Certificate to conduct in Export Trade
where the U.S. Government is the buyer or where the U.S. 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
FR 1786 (January 11, 1985).
A copy of the Certificate will be kept in the International Trade
Administration's Freedom of Information Records Inspection Facility,
Room 4100, U.S. Department of Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
Dated: June 19, 2008.
Director, Export Trading Company Affairs