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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 27, 2002 (Volume 67, Number 124)]

[Notices]

[Page 43280-43281]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr27jn02-42]

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export Trade Certificate of Review,

Application No. 02-00001.

SUMMARY: The Department of Commerce has issued an Export Trade

Certificate of Review to ROCACO INC., (``ROCACO'') dba REIS Network and

World Business Exchange Network. 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 oetca@ita.doc.gov.

[[Page 43281]]

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. All intellectual property rights associated

with Products or 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 include 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 and dissemination of information on trade

opportunities; marketing; negotiations; joint ventures; export

management; export licensing; advertising; documentation and services

related to compliance with customs requirements; insurance and

financing; trade show exhibitions and seminars; organizational

development; management and labor strategies; transfer of technology;

and facilitating transportation and shipping.

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

ROCACO and/or its Member may:

1. Develop Export Trading Companies who 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 to 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

Rights;

6. Allocate export orders among Suppliers;

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-to-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 its distributors.

Terms and Conditions of Certificate

1. In engaging in Export Trade Activities and Methods of Operation,

neither ROCACO nor its Member will 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. ROCACO and its Member 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.

Definitions

1. ``Member,'' within the meaning of Section 325.2(1) of the

Regulation, is The REIS Foundation.

2. ``Supplier'' means a person who produces, provides, or sells

Products, Services and/or Technology Rights.

Protection Provided by the Certificate

This Certificate protects ROCACO, its Member, and their directors,

officers, and employees acting on their 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, 14th Street and Constitution

Avenue, NW., Washington, DC 20230.

Dated: June 21, 2002.

Jeffrey C. Anspacher,

Director, Office of Export Trading, Company Affairs.

[FR Doc. 02-16195 Filed 6-26-02; 8:45 am]

BILLING CODE 3510-DR-P



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