[Federal Register Volume 60, Number 163 (Wednesday, August 23, 1995)]
[Notices]
[Pages 43950-43952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20868]




[[Page 43949]]

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Part VI





Department of Commerce





_______________________________________________________________________



International Trade Administration



_______________________________________________________________________



Certified Trade Mission Program; Notice

  Federal Register / Vol. 60, No. 163 / Wednesday, August 23, 1995 / 
Notices   

[[Page 43950]]


DEPARTMENT OF COMMERCE

International Trade Administration
[Docket Number 950330084-5084-01]


Certified Trade Mission Program

AGENCY: International Trade Administration, Commerce.

ACTION: Notice; adjusts the Certified Trade Mission Program to be more 
flexible in assisting states, local entities and private sector 
organizations.

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SUMMARY: This notice adjusts the Certified Trade Mission Program (CTM), 
that currently requires organizers (federal agencies, industry 
associations, agencies of state and local governments, chambers of 
commerce and other organizations) to process their applications through 
the U.S. Department of Commerce (the Department) in Washington for 
approval. Effective September 1, 1995, all entities with the exception 
of federal government agencies, should deal directly with our Embassy 
Commercial Sections (posts) overseas to arrange event approval, 
including, but not limited to, timing, scheduling, budgets, etc. In 
unique or special circumstances, such as governor or Congressionally 
led missions, Washington staff will be available to provide assistance 
as necessary. Federal government agencies seeking certification should 
continue to coordinate their events through the Trade Promotion 
Coordinating Committee (TPCC) events working group. Otherwise, all 
contact should be between the sponsoring organizer and overseas 
post(s). These events henceforth will be called Commercial Service 
Certified Trade Missions.

DATES: These adjustments will take place effective September 1, 1995.

ADDRESSES: Office of Export Promotion Services, International Trade 
Administration, U.S. Department of Commerce, Room H2810, 14th and 
Constitution Ave, NW., Washington, DC 20230. Tel: (202) 482-4231 or 
Fax: (202) 482-0872.

FOR FURTHER INFORMATION CONTACT: Brenda Coleman, Certified Trade 
Mission Product Manager, Office of Public/Private Initiatives, U.S. 
Department of Commerce, Room H2116, 14th and Constitution Avenue, NW., 
Washington, DC 20230. Tel: (202) 482-3973 or Fax: (202) 482-0872.

SUPPLEMENTARY INFORMATION: Certified Trade Mission are overseas events 
planned, organized and led by federal agencies or non-federal export 
promotion organizations, such as associations, state and local 
governments, chambers of commerce and other export-orientated groups, 
under the sponsorship of the Department of Commerce. Currently, to 
receive Department approval, an application must be submitted through 
the Department in Washington. With the effective date of this 
announcement, it will be incumbent upon the organizer to contact the 
post directly, sufficiently ahead of schedule (approximately 6 months), 
to receive approval of the post. Negotiations between both parties may 
be required to meet mutual objectives. In some cases it may be 
necessary to put the organizer in touch with a local contractor if the 
post is not in a position to provide overall management of the event. 
The Conditions of Participation which outline the program's criteria as 
well as the responsibilities of all involved parties and the 
Application for Status which must be completed and sent to the post(s) 
approximately 6 months in advance of scheduled mission are set forth 
below. This program operates under legal authority of 15 USC 1512 et 
seq. and the various collections associated with it have been cleared 
under Office of Management and Budget Control No. 0625-0215, 0625-0034, 
0625-0147, and 0625-0217.

    For additional information, please contact your nearest U.S. 
Department of Commerce Domestic Office or call 202-482-3973.
John Klingelhut,
Acting Director, Office of Public/Private Initiatives, Export Promotion 
Services.
Commercial Service Certified Trade Mission Program Conditions of 
Participation

A. Overview

    Commercial Service (formally) referred to as the U.S. and 
Foreign Commercial Service) Certified Trade Missions are overseas 
events planned, organized, and led by federal agencies or non-
federal export promotion organizations (such as industry trade 
associations, agencies of state and local governments, chambers of 
commerce, regional groups, and other export-oriented groups), in 
partnership with the U.S. Department of Commerce. The Certified 
Trade Missions program provides a flexible and adaptable format in 
which to conduct overseas business. U.S. companies can be provided 
with face to face meetings with potential agents, distributors, 
joint venture partners, licensees, relevant businesses and 
government contacts. Seminars on local business practices with 
participation by banks, lawyers, and other authorities can be 
arranged. Special working level events are also available to further 
enhance the event. Also, it may include plant and factory tours or 
may follow a seminar format for technical products. Within the 
mission's framework, Commercial Service overseas posts provide 
guidance and support to mission organizers and participating 
companies on the mission.

B. Criteria

    To qualify for Commercial Service certification, the mission 
must have, as a primary objective, the promotion of U.S.-produced 
goods and services and/or the establishment of marketing 
representation abroad. Goods and/or services promoted must:
    1. Be manufactured or produced in the United States, or
    2. If manufactured or produced outside of the United States, be 
marketed under the name of a U.S. firm and have U.S. content 
representing at least fifty-one percent of the value of the finished 
goods or services.
    Products/services represented on the mission must be a 
compatible group within a product theme (or themes) that, in the 
Commercial Service's determination, offers substantial market 
opportunities. One-industry theme (vertical) missions are preferable 
because promotional efforts can be targeted more effectively toward 
appropriate end-user audiences. Advance concurrence of the overseas 
posts on the product mix of the mission and its itinerary and timing 
is required.
    To participate in a Commercial Service Certified Trade Mission, 
the organizer must enter into a participation agreement that 
incorporates the following ``Conditions of Participation''. Any 
changes to the conditions outlined here should be in writing and 
made a part of this document prior to signing. Sponsoring 
organizations should apply by submitting an ``Application for 
Certified Trade Mission Status'' to the appropriate overseas 
post(s).
    Federal Government agencies seeking certification will 
coordinate through the Trade Promotion Coordinating Committee (TPCC) 
events working group prior to approaching the overseas Commercial 
Service post(s).
    For additional information, please contact your nearest U.S. 
Department of Commerce Domestic Office, or call 202/482-3973.

C. Conditions

A. Responsibilities of the Organizer

    The organizer shall:
    1. Submit to the appropriate overseas post(s) a typed and signed 
``Application for Certified Trade Mission Status'' (Department of 
Commerce Form ITA-4127P; OMB No. 0625-0215) as early as 12 months 
but no later than 6 months prior to the departure of the mission 
(see attached form). Note: In unusual circumstances and when it is 
advantageous to the USG, the Commercial Service Post in question may 
alter this requirement.
    2. Upon notification of approval of the ``Application for 
Certified Trade Mission Status'' by the Commercial Service post 
involved, enter into a binding Participation Agreement (Department 
of Commerce Form ITA-4008P; OMB No. 0625-0147) that incorporates the 
Conditions of Participation. A separate ``Conditions of 
Participation'' must be signed for each Commercial Service post 
involved.
    3. Provide, at its expense, and identify to the overseas post a 
project officer, an advance officer, and a mission director not 
later than 90 days prior to the departure of the mission. 

[[Page 43951]]
Further, ensure that the advance officer and mission director carry out 
the responsibilities set forth in Sections C and D, below. Note: 
This requirement may be adjusted to meet the preferences of the 
Commercial Service post in question. Such adjustment will be agreed 
in writing between the organizer and the Commercial Service Post 
involved and made a part of the Conditions of Participation.
    4. Work directly with the affected Commercial Service post to 
develop a comprehensive budget for the mission. It is understood and 
agreed that the budget will cover all services required to meet the 
needs of the mission.
    5. Submit to the Department (either to the overseas post(s) or 
the Office of Public/Private Initiatives), complete payment of 
mission-related costs that the Commercial Service post(s) have 
agreed to incur overseas on the mission's behalf, not later than 60 
days prior to the departure of the mission. Such costs may include, 
for example, costs incurred for: mission promotion, translation 
services, appointment scheduling, site rentals, secretarial 
assistance, overtime of Commercial Service personnel, hospitality 
and transportation. Costs incurred directly by the sponsoring 
organization in connection with the mission will not be reimbursed 
by the Department.
    6. Submit to the overseas office a final list of mission 
participants, product/service data, and precise business objectives 
of the mission participants, (including any relevant company 
brochures) not later than 60 days prior to the departure of the 
mission. Note: At the discretion of the Commercial Service post this 
requirement may be adjusted provided it is agreed in writing between 
the organizer and the Commercial Service post and made a part of the 
``Conditions of Participation.''
    7. With guidance from the Commercial Service post, assure that 
printed mission directories in appropriate quantities are received 
by the Commercial Service post 45 days prior to departure of the 
mission. The Commercial Service post will advise whether or not 
these should be translated into the language of the country.
    8. Ensure that mission participation includes a minimum of eight 
U.S.-based firms with the maximum number of participants to be 
determined in agreement between the organizer and the Commercial 
Service post and made a part of the ``Conditions of Participation.''
    9. Comply, as appropriate, with the financial provisions of 
Section E and the bonding provisions of Section F, below.
    10. Ensure that fee arrangements with participants do not 
include a commission on eventual sales or quantifiable results 
generated by the mission.
    11. Ensure that all products and services promoted by mission 
participants are:
    (a) manufactured or produced in the United States, or
    (b) if manufactured or produced outside of the United States, 
marketed under the name of a U.S. firm, with U.S. content 
representing at least fifty-one percent of the value of the finished 
goods or services.
    12. Carry out the mission as described in the ``Application for 
Certification Trade Mission Status'' unless otherwise approved by 
the Commercial Service post in writing.
    13. Hold the U.S. Government harmless from liability for any 
illness, injury, loss of life, or damage or loss of property 
occasioned by or connected with the mission, participation therein 
by any person, and support provided by the Department, and its 
employees, agents and contractors.
    14. Provide the Department with a completed ``Mission Organizer 
Survey'' (Department of Commerce Form ITA-4122P; OMB No. 0625-0217) 
and final mission report, if applicable, within 30 days after the 
conclusion of the mission.

B. Responsibilities of the Commercial Service

    The Certified Trade Mission Program is administered and managed 
by the Commercial Service at the overseas post(s). All decisions 
regarding the proposed mission are at the discretion of the 
Commercial Service.
    The Commercial Service post shall, within the limits of the 
agreed budget and personnel resources:
    1. Designate the mission as an official Certified Trade Mission, 
recognizing the services of the sponsoring organization and of the 
mission participants in helping to increase the international 
commerce of the United States.
    2. Assure that the Certified Trade Mission is placed on the 
``official'' Export Promotion Calendar of trade promotions events 
carried in the ``National Trade Data Bank'' (NTDB) and ``Economic 
Bulletin Board'' (EBB) as well as ``Internet'' through the NTDB.
    3. Provide advice and assistance from the planning stage to the 
conclusion of the mission.
    4. Provide available economic, commercial and political data to 
aid the partnership organization in its selection of an itinerary 
that offers the best marketing potential for the products, services, 
or investment opportunities to be promoted, and update such 
information as necessary prior to departure of the mission.
    5. Provide assistance to the advance officer designated by the 
partnership organization; e.g., lists of local-hire personnel, 
translators, hotels and caterers.
    6. Assist in arranging business appointments for each mission 
participant; or, if resources are limited, assist a contractor of 
the sponsoring organization, working under the supervision of the 
affected overseas post(s), in identifying prospective customers, 
agents, distributors, investors and key government officials with 
whom business appointments can be made.
    7. Arrange for commercial, economic, and political briefings, 
and assist in arranging relevant tours, inspections and seminars.
    8. Facilitate use of the Embassy Press Office to publicize the 
mission abroad.
    9. Collect a Mission/Exhibition Evaluation Report, (Form ITA 
4075P, OMB No. 0625-0034) from each participant before they depart 
the country. Note: Participants are not required to complete this 
form, but they will be encouraged to do so.

C. Responsibilities of the Sponsoring Organizer's Advance Officer

    Where it is agreed between the Commercial Service post and the 
sponsoring organization that an advance officer is necessary, the 
advance officer shall:
    1. Arrange a time in writing beneficial to both the affected 
Commercial Service post(s) and the partnership organization to begin 
his or her advance travel. Generally this will be approximately 90 
days prior to departure of the mission.
    2. Confirm to each affected overseas post of his or her specific 
itinerary and travel schedule not later than 15 days prior to his or 
her departure.
    3. Carry information and product literature for each mission 
participant in sufficient quantities to leave at least one set at 
each affected overseas post.
    4. Carry funds and international credit cards, with full 
authority to commit funds for mission expenses.
    5. Work directly with each affected overseas post to develop the 
mission program and finalize the mission budget at each stop.

D. Responsibilities of the Mission Director

    The sponsoring organization's mission director shall:
    1. Ensure that mission participants adhere to the mission 
program and promptly keep all individual appointments at each stop.
    2. Carry additional mission funds and international credit cards 
to ensure that all mission expenses not previously deposited with 
the Commercial Service post are paid before leaving each stop, and 
that mission participants' bills are similarly paid.
    3. Ensure that each mission participant:
    (a) is fully responsible for his or her individual travel and 
personal expenses;
    (b) makes all necessary arrangements for entry permit visas and 
other travel documentation;
    (c) is an active member or representative of his or her firm; 
and (d) is qualified and authorized to quote prices and negotiate 
sales and other terms on behalf of his or her firm.

E. Financial Provisions

    1. Sponsoring organizations that are federal agencies or quasi 
federal agencies shall:
    (a) describe at the time of application where individual 
participation fees will be deposited e.g. with the sponsoring agency 
or Commercial Service;
    (b) describe at the time of application the method of payment to 
be used. Options include:
    (i) full payment by check (made payable to the U.S. Department 
of Commerce) with submission of Participation Agreement;
    (ii) cable from agency to overseas post(s) transferring payment 
and authorizing spending; or
    (iii) inter-agency transfer of funds with submission of 
Participation Agreement and Memorandum of Understanding; and
    (c) provide original copies of payment documents to the 
Department for processing not less than 60 days prior to mission 
departure.
    2. Sponsoring state organizations that are legally prohibited 
from providing prepayment as described in Section A shall provide to 
the Department not less than 60 days prior to mission departure a 
legally binding document, such as a purchase order in U.S. dollars 
or a letter of intent, committing to provide 50 percent of the 

[[Page 43952]]
mission budget, within 5 working days of the conclusion of the mission. 
The remaining balance is due upon receipt of final invoice(s) from 
the affected overseas post(s). Sponsoring organizations should 
contact the overseas post(s) for prior approval of language that 
purports to legally bind the organization.
    3. All other sponsoring organizations will handle payment as 
described in C.A.5 and C.D.2 above unless agreed in writing and made 
a part of the ``Conditions of Participation.''

F. Bonding Provisions

    1. For-profit sponsoring organizations shall obtain a bond from 
a surety company holding a certificate of authority from the U.S. 
Department of the Treasury, Office of Financial Management Service, 
as periodically published in the Federal Register.
    2. The bond will ensure that a mission participant can recover a 
participation fee paid to the sponsoring organization, as well as 
any other reasonable pre-paid transportation costs, should the 
sponsoring organization fail to meet its obligations to the mission 
participant concerning the mission.
    The amount of the bond must be sufficient to cover these fees 
and estimated transportation costs.
    3. The bonding agreement must be signed by the sponsoring 
organization (principal) and a bonding company (surety). A bond 
beneficiary is defined as an individual or entity from which, or on 
behalf of which, the principal receives and retains a participant 
fee for the mission.
    4. Bonds will be reviewed on a case by case basis, as there is 
no standard form agreement.
    5. An executed and pre-paid-in-full bond must be completed, and 
a copy of this bonding document shall be presented to the Commercial 
Service post before approval of the trade mission will be granted.
    6. A copy of the bond must be made available to mission 
participants either by the sponsoring organization or the bonding 
company.
    7. The bond requirement does not constitute a guarantee by the 
Department of reimbursement for financial losses to mission 
participants in connection with the mission.
    8. Should either party terminate the bond agreement, the 
terminating party must notify the Department and make a reasonable 
effort to notify the bond beneficiaries. Therefore, the organizer 
must provide a listing of all mission participants, including valid 
mailing addresses, to the bonding company no later than 30 days 
prior to departure of the mission.

G. Cancellations

    1. All notice of cancellations must be in writing. Upon written 
notice of cancellation of the mission, the Department will secure an 
accounting by the affected overseas post(s) of costs incurred by 
them in connection with the mission. Such costs may include those 
incurred for fax/phone, postage, personnel overtime, printing, and 
contract services. If such costs exceed the amount previously 
received, or if no funds have been received, the Department will 
bill the sponsoring organization for the amount of the excess or its 
costs, as applicable.

Acceptance of Terms

    On behalf of the partnership organization named in the attached 
Participation Agreement, I certify that I have read and understand 
these Conditions of Participation, which are incorporated into and 
form a part of such Agreement.

By:--------------------------------------------------------------------

Organization:----------------------------------------------------------

Title:-----------------------------------------------------------------

Date:------------------------------------------------------------------

[OMB No. 0625-0215]
Expire: 8/31/96.

Commercial Service Certified Trade Missions Program Application For 
Status

    Please print or type response to the information requested below 
on organizational letterhead. Fax or mail a completed Application 
for Status to each Commercial Service post in question.
    1. Name, address, telephone and fax numbers of sponsoring 
organization.
    2. Name, address, telephone & fax numbers of mission sponsor, 
i.e. (trade association, state or local government, regional group, 
etc.). Please also list any co-sponsoring organizations, if 
applicable.
    3. Name of proposed Trade Mission.
    4. Please provide a description of your mission. Outline your 
goals and objectives and indicate names of VIP leaders, if 
appropriate.
    5. Proposed itinerary. (Please give as much detail as possible.)
    6. Services/Assistance requested from the post if status is 
approved, (i.e. one-on-one business appointments, plant visits, 
translators, reception, hotel and transportation arrangements, 
etc.).
    7. Projected number of participants/companies.
    8. Product categories/industries to be promoted.
    9. Target date of advance trip, name of advance officer, and 
proposed itinerary.
    Public reporting burden for this collection of information is 
estimated to average 1 hour per response, including the time for 
reviewing instructions, searching existing data sources, gathering 
and maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing this burden, to Reports Clearance 
Officer, International Trade Administration, Room 4001, U.S. 
Department of Commerce, Washington, DC 20230.
    10. Name, address, phone and fax numbers of contact(s) currently 
assisting in mission organization overseas, if applicable.
    11. List any specific organizations, from the private and public 
sectors, with whom you know you wish to meet.
    12. Outline of promotional campaign to be conducted in 
recruiting mission, (i.e. mailing, fax campaign, brochure 
distribution at other trade events, radio spots, etc.). Be as 
specific as possible and include target dates, when available.
    13. Deadline for accepting applications from participants.
    14. Proof, such as a copy of letter of invitation, that your 
mission has a host organization in countries that require such an 
arrangement e.g., China. Give host's name, address, telephone & fax 
and contact name(s).
    15. Specify any special space and/or equipment for audio-visual 
presentations or technical programs.
    16. APPLICANT MUST TYPE THE FOLLOWING STATEMENT ON APPLICATION 
AND SIGN: I hereby agree to abide by all ``Conditions of 
Participation'' set forth by the U.S. Department of Commerce (see 
attached) and guarantee to provide funds to finance all overseas 
costs incurred on my mission's behalf.

Signature--------------------------------------------------------------

Date-------------------------------------------------------------------

Name/Title-------------------------------------------------------------

[FR Doc. 95-20868 Filed 8-22-95; 8:45 am]
BILLING CODE 3510-FP-P