[Federal Register Volume 59, Number 222 (Friday, November 18, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-28502] [[Page Unknown]] [Federal Register: November 18, 1994] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Export Trade Certificate of Review ACTION: Notice of Issuance of an Export Trade Certificate of Review, Application No. 94-00005. ----------------------------------------------------------------------- SUMMARY: The Department of Commerce has issued an Export Trade Certificate of Review to William E. Elliott (d/b/a Export Exchange). 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 (1994). 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. Export Trade Facilitation Services (as they relate to the Export of Products and Services) Export Trade Facilitation Services including professional services in the areas of government relations, foreign trade and business protocol, marketing, marketing research, negotiations, joint ventures, shipping, export management, advertising, documentation, insurance and financing, trade show exhibitions, organizational development, management strategies and transfer of technology. 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 1. To engage in Export Trade in the Export Markets as an Export Intermediary, William E. Elliott (d/b/a Export Exchange) may: a. Provide and/or arrange for the provision of Export Trade Facilitation Services; b. Engage in promotional and marketing activities as they relate to exporting Products and/or Services to the Export Markets; c. Enter into exclusive export sales agreements with Suppliers for the export of Products and/or Services for sale in the Export Markets; such agreement may prohibit Suppliers from exporting independently of William E. Elliott (d/b/a Export Exchange); d. Enter into exclusive and/or territorial agreements with distributors in the Export Markets; e. Establish the price of Products and/or Services for sale in the Export Markets; f. Allocate export orders among Suppliers; and g. Exchange information on a one-on-one basis with individual Suppliers regarding inventories and near-term production schedules in order that William E. Elliott (d/b/a Export Exchange) can determine and effectively coordinate the availability of supplies for export with distributors. Terms and Conditions of Certificate 1. In engaging in Export Trade Activities and Methods of Operation, William E. Elliott (d/b/a Export Exchange) 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. William E. Elliott (d/b/a Export Exchange) 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 This Certificate protects William E. Elliott (d/b/a Export Exchange) 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. Other Conduct Nothing in this Certificate prohibits William E. Elliott (d/b/a Export Exchange) 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 William E. Elliott (d/b/a Export Exchange) 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 William E. Elliott (d/b/a Export Exchange) or (b) the legality of such business plans of William E. Elliott (d/b/a Export Exchange) 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 11, 1985). 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, N.W., Washington, D.C. 20230. Dated: November 14, 1994. W. Dawn Busby, Director, Office of Export Trading Company Affairs. [FR Doc. 94-28502 Filed 11-17-94; 8:45 am] BILLING CODE 3510-DR-P