[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Notices]
[Pages 45700-45701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21814]
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DEPARTMENT OF COMMERCE
Export Trade Certificate of Review
ACTION: Notice of Issuance of an Export Trade Certificate of Review,
Application No. 94-0003.
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SUMMARY: The Department of Commerce has issued an Export Trade
Certificate of Review to United Products of America, Inc. (UPA). This
notice summarizes the conduct for which certification has been granted.
FOR FURTHER INFORMATION CONTACT:
W. Dawn Busby, 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 (1993). 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
Export Trade
1. Products
All products.
2. Services
All services.
3. Technology Rights
Technology rights including, but not limited to, patents,
trademarks, copyrights, and trade secrets that relate to Products and
Services.
[[Page 45701]]
4. Export Trade Facilitation Services (As They Relate to the Export of
Products, Services and Technology Rights)
All Export Trade Facilitation Services, including professional
services in the areas of export management, procurement management,
market research and analysis, feasibility analysis, customer and
supplier location, government relations and assistance with state and
federal programs, foreign trade and business protocol, consulting,
collection of information on trade opportunities, marketing,
negotiations, joint ventures, shipping, export licensing, advertising,
documentation and services related to compliance with customs
requirements, insurance and financing, trade show exhibitions,
organizational development, business management and labor strategies,
technology transfer, transportation, and facilitating the formation of
shippers associations.
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
UPA, acting as an Export Intermediary, may:
1. 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;
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 in 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 for Products, Services, and/or Technology
Rights for sale and/or licensing in markets to export.
8. Negotiate, enter into, and/or manage licensing agreements for
the export of Technology Rights;
9. Enter into contracts for shipping;
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 exports with distributors.
Terms and Conditions of Certificate
1. In engaging in the above Export Trade Activities and Methods of
Operation, UPA shall not intentionally disclose, directly or
indirectly, to any Supplier, information about any other Supplier's
costs, production, capacity, inventories, domestic prices, domestic
sales, or U.S. business plans, strategies, or methods unless such
information is already generally available to the trade or public.
2. UPA 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. ``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
Product and/or Service.
Protection Provided by the Certificate
The Certificate protects UPA, its officers, directors, 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
The 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.
Other Conduct
Nothing in the Certificate prohibits UPA from engaging in conduct
not specified in the Certificate, but such conduct is subject to the
normal application of the antitrust laws.
Disclaimer
The issuance of the Certificate of Review to UPA 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 or by the Attorney General
concerning either (a) the viability or quality of the business plans of
UPA or (b) the legality of such business plans of UPA 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).
Dated: August 28, 1995.
Josephine H. Ludolph,
Acting Deputy Assistant Secretary for Service Industries and Finance.
[FR Doc. 95-21814 Filed 8-31-95; 8:45 am]
BILLING CODE 3510-DR-P
