[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]


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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. 94-00005.

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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