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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: December 20, 2006 (Volume 71, Number 244)]
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. 06-00002.
SUMMARY: On December 14, 2006, the U.S. Department of Commerce issued
an Export Trade Certificate of Review to Darah Thomas doing business as
Necole Shannon Global Export Services (``NSGES''). This notice
summarizes the conduct for which certification has been granted.
FOR FURTHER INFORMATION CONTACT: Jeffrey C. 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 (2005).
Export Trading Company Affairs (``ETCA'') is issuing this notice
pursuant to 15 CFR section 325.6(b), which requires the U.S. Department
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
3. Technology Rights
Technology Rights, including, but not limited to, patents,
trademarks, copyrights, and trade secrets, that relate to Products and
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.
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
1. With respect to the sale of Products and Services, licensing of
Technology Rights, and provision of Export Trade Facilitation Services,
NSGES, subject to the terms and conditions listed below, may:
a. Provide and/or arrange for the provisions 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 agreements 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.
2. NSGES and individual Suppliers may regularly exchange
information on a one-on-one basis 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
NSGES with its distributors in Export Markets.
Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of Operation,
NSGES 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. NSGES 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
``Supplier'' means a person who produces, provides, or
sells Products, Services and/or Technology Rights.
Protection Provided by Certificate
This Certificate protects NSGES and its 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.
Nothing in this Certificate prohibits NSGES 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 NSGES 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 of Commerce or
by the Attorney General concerning either (a) the viability or quality
of the business plans of NSGES or (b) the legality of such business
plans of NSGES 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 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: December 14, 2006.
Director, Export Trading Company Affairs.
[FR Doc. E6-21726 Filed 12-19-06; 8:45 am]
BILLING CODE 3510-DR-P