[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]]
_______________________________________________________________________
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.
-----------------------------------------------------------------------
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