[Federal Register Volume 65, Number 28 (Thursday, February 10, 2000)]
[Notices]
[Pages 6589-6590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3006]


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DEPARTMENT OF COMMERCE

International Trade Administration


Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export Trade Certificate of Review, 
Application No. 99-00007.

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SUMMARY: The Department of Commerce has issued an Export Trade 
Certificate of Review to John L. Koenig. This notice summarizes the 
conduct for which certification has been granted.

FOR FURTHER INFORMATION CONTACT: Morton Schnabel, 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 (1999).
    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 goods and services.
2. Technology Rights
    All intellectual property rights associated with Products, 
including, but not limited to: Patents, trademarks, service marks, 
copyrights, trade secrets and know-how.
3. Export Trade Facilitation Services (as they Relate to the Export of 
Products and Technology Rights)
    Export Trade Facilitation Services, including, but not limited to: 
consulting; international market research; marketing and trade 
promotion; trade show participation; insurance; legal assistance; 
transportation, trade documentation and freight forwarding; 
communication and processing of export orders; warehousing; foreign 
exchange; financing; taking title to goods; professional services in 
areas of government relations and assistance with state and federal 
programs and foreign trade and business protocol.

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).

[[Page 6590]]

Export Trade Activities and Methods of Operation

    John L. Koenig may engage in the following activities with respect 
to the Export Markets:
    1. Provide and/or arrange for the provision of Export Trade 
Facilitation Services;
    2. Engage in promotion and marketing activities as they relate to 
exporting Products to the Export Markets;
    3. Enter into exclusive and non-exclusive export sales agreements 
with Suppliers regarding sales of Products in the Export Markets; such 
agreements may prohibit Suppliers from exporting independently of John 
L. Koenig;
    4. Enter into exclusive and non-exclusive sales and/or territorial 
agreements with distributors in the Export Markets;
    5. Establish the price of Products for sale in the Export Markets;
    6. Allocate export orders among Suppliers;
    7. Obtain information from individual Suppliers regarding their 
inventories and near-term production schedules for the purpose of 
determining the availability of Products for export and coordinating 
exports with distributors; and
    8. Enter into exclusive or non-exclusive agreements with Suppliers, 
Export Intermediaries, or other persons for licensing Technology Rights 
in Export Markets.

Terms and Conditions of Certificate

    1. In engaging in Export Trade Activities and Methods of Operation, 
John L. Koenig 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. John L. Koenig 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 John L. Koenig's Export Trade, Export Trade Activities, and 
Methods of Operation 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.

Protection Provided by Certificate

    This Certificate protects John L. Koenig and any employee acting on 
his 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.
    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, l4th Street and Constitution 
Avenue, NW, Washington, DC 20230.

    Dated: February 4, 2000.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 00-3006 Filed 2-9-00; 8:45 am]
BILLING CODE 3510-DR-U