Federal
Register: June 25, 2008 (Volume 73, Number 123)][Notices]
[Page
36041-36042]
-----------------------------------------------------------------------
DEPARTMENT
OF COMMERCE
International
Trade Administration
[Application
No. 08-00003]
Export
Trade Certificate of Review
ACTION:
Notice of Issuance of an Export Trade Certificate of Review to
AGLA
Trade Link International (Application No. 08-00003).
-----------------------------------------------------------------------
SUMMARY:
On June 18, 2008, the U.S. Department of Commerce issued an
Export
Trade Certificate of Review to AGLA Trade Link International
(``ATLI'').
This notice summarizes the conduct for which certification
has
been granted.
FOR
FURTHER INFORMATION CONTACT: Jeffrey Anspacher,
Director, Export
Trading
Company Affairs, International Trade Administration, by
telephone
at (202) 482-5131 (this is not a toll-free number), or by e-
mail
at oetca@ita.doc.gov.
SUPPLEMENTARY
INFORMATION: Title III of the Export Trading Company Act
of
1982 (15 U.S.C. Sections 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 (2006).
Export Trading Company Affairs (``ETCA'') is
issuing this notice
pursuant
to 15 CFR section 325.6(b), which requires the Secretary of
Commerce
to publish a summary of the certification in the Federal
Register.
Under Section 305(a) of the Act and 15 CFR section 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: ATLI is
certified to engage in
the
Export Trade Activities and Methods of Operation described below in
the
following Export Trade and Export Markets.
I.
Export Trade
1. Products: All Products.
2. Services: All Services.
3. Technology Rights: Technology rights
that relate to Products and
Services,
including, but not limited to, patents, trademarks,
copyrights,
and trade secrets.
4. Export Trade Facilitation Services (as
they Relate to the Export
of
Products, Services, and Technology Rights): Export Trade
Facilitation
Services, including, but not limited to, professional
services
in the areas of government relations and assistance with state
and
federal programs; foreign trade and business protocol; consulting;
market
research and analysis; collection of information on trade
opportunities;
marketing; negotiations; joint ventures; shipping;
export
management; export licensing; advertising; documentation and
services
related to compliance with customs requirements; insurance and
financing;
trade show exhibitions; organizational development;
management
and labor strategies; transfer of technology; transportation
services;
and facilitating the formation of shippers' associations.
II.
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).
III.
Export Trade Activities and Methods of Operation
1. With respect to the sale of Products and
Services, licensing of
Technology
Rights, and the provision of Export Trade Facilitation
Services,
ATLI, may:
a. Provide and/or arrange for the provision
of Export Trade
Facilitation
Services;
b. Engage in promotional and marketing
activities and collect
information
on trade opportunities in the Export Markets and distribute
such
information to clients;
c. Enter into exclusive and/or
non-exclusive licensing and/or sales
agreements
with Suppliers for the export of Products, Services, and/or
Technology
Rights to Export Markets;
d. Enter into exclusive and/or
non-exclusive arrangements with
distributors
and/or sales representatives in Export Markets;
e. Allocate export sales or divide Export
Markets among Suppliers
for
the sale and/or licensing of Products, Services, and/or Technology
Rights;
f. Allocate export orders among Suppliers;
g. Establish the price of Products,
Services, and/or Technology
Rights
for sales and/or licensing in Export Markets;
h. Negotiate, enter into, and/or manage
licensing agreements for
the
export of Technology Rights; and
i. Enter into
contracts for shipping Products to Export Markets.
2. ATLI may exchange information on a
one-to-one basis with its
individual
Suppliers
regarding that Supplier's inventories and near-term
production
schedules in order that the availability of Products for
export
can be determined and effectively coordinated by ATLI with its
distributors
in Export Markets.
V.
Definition
``Supplier'' means a person who produces,
provides, or sells
Products,
Services and/or Technology Rights.
VI.
Protection Provided by Certificate
The Certificate protects ATLI and its
directors, officers, and
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.
VII.
Effective Period of Certificate
This Certificate continues in effect from
June 18, 2008, until it
is
relinquished, modified, or revoked as provided in the Act and the
Regulations.
VIII.
Other Conduct
Nothing in the Certificate prohibits ATLI
from engaging in conduct
not
specified in the Certificate, but such conduct is subject to the
normal
application of the antitrust laws.
IX.
Disclaimers
1. The issuance of the Certificate of
Review to ATLI 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 of the Secretary of Commerce or
the
Attorney General concerning either (a) the viability or quality of
the
business plans of ATLI or (b) the legality of such business plans
of
ATLI under the laws of the United States (other than as provided in
the
Act) or under the laws of any foreign country.
2. The application of the Certificate to
conduct in Export Trade
where
the U.S. Government is the buyer or where the U.S. 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
FR
1786 (January 11, 1985).
A copy of the Certificate will be kept in
the International Trade
Administration's
Freedom of Information Records Inspection Facility,
Room
4100, U.S. Department of Commerce, 14th Street and Constitution
Avenue,
NW., Washington, DC 20230.
Dated: June 19, 2008.
Jeffrey
Anspacher,
Director,
Export Trading Company Affairs