[Federal Register Volume 59, Number 49 (Monday, March 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5885]


[[Page Unknown]]

[Federal Register: March 14, 1994]


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DEPARTMENT OF COMMERCE
 

Export Trade Certificate of Review

ACTION: Notice of application.

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SUMMARY: The Office of Export Trading Company Affairs, International 
Trade Administration, Department of Commerce, has received an 
application for an Export Trade Certificate of Review. This notice 
summarizes the application and requests comments relevant to whether 
the Certificate should be issued.

FOR FURTHER INFORMATION CONTACT: Friedrich R. Crupe, Acting 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. A Certificate of Review 
protects the holder and the members identified in the Certificate from 
state and federal government antitrust actions and from private, treble 
damage antitrust actions for the export conduct specified in the 
Certificate and carried out in compliance with its terms and 
conditions. Section 302(b)(1) of the Act and 15 CFR 325.6(a) require 
the Secretary to publish a notice in the Federal Register identifying 
the applicant and summarizing its proposed export conduct.

Request for Public Comments

    Interested parties may submit written comments relevant to the 
determination whether a Certificate should be issued. An original and 
five (5) copies should be submitted no later than 20 days after the 
date of this notice to: Office of Export Trading Company Affairs, 
International Trade Administration, Department of Commerce, room 1800H, 
Washington, DC 20230. Information submitted by any person is exempt 
from disclosure under the Freedom of Information Act (5 U.S.C. 552). 
Comments should refer to this application as ``Export Trade Certificate 
of Review, application number 94-00002.'' A summary of the application 
follows.

Summary of the Application

Applicant: Frederick Pogorzelski doing business as Russian Business 
Center, P.O. Box 90400, Honolulu, Hawaii 96835-0400. Contact: Frederick 
Pogorzelski, Owner, Telephone: 808-941-4541.
Application No.: 94-00002.
Date Deemed Submitted: March 3, 1994.
Members (In Addition to Applicant): None.

    Frederick Pogorzelski d/b/a Russian Business Center seeks a 
Certificate to cover the following specific Export Trade, Export 
Markets, and Export Trade Activities and Methods of Operations.

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, Frederick Pogorzelski     d/b/a the Russian Business 
Center (``RBC'') may:
    a. Provide and/or arrange for the provisions of Export Trade 
Facilitation Services;
    b. Engage in promotional and marketing activities;
    c. Enter into exclusive export sales agreements with Suppliers for 
the export of Products and/or Services for sale in the Export Markets; 
such agreements may prohibit Suppliers from exporting independently of 
RBC;
    d. Enter into exclusive 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 its Suppliers; and
    g. Enter into contracts for shipping.
    2. RBC and individual Suppliers may regularly exchange information 
on a one-on-one basis regarding inventories and near-term production 
schedules in order that the availability of supplies for export can be 
determined and effectively coordinated by RBC with its distributors in 
the Export Markets.
    3. RBC may require any Supplier wishing to terminate its export 
sales agreement to give RBC six months written notice. RBC may require 
a former Supplier not to sell through foreign distributors with whom 
RBC deals for a period of two years following termination.

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.

    Dated: March 7, 1994.
Friedrich R. Crupe,
Acting Director, Office of Export Trading Company Affairs.
[FR Doc. 94-5885 Filed 3-11-94; 8:45 am]
BILLING CODE 3510-DR-P