Federal Register, Volume 75 Issue 119 (Tuesday, June 22, 2010)

[Federal Register Volume 75, Number 119 (Tuesday, June 22, 2010)]
[Notices]
[Pages 35441-35442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15005]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 10-00002]


Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export Trade Certificate of Review to 
EFS International Corporation/DBA: EFS Global Trade and Export Sales 
(Application 10-00002).

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SUMMARY: On May 27, 2010, the U.S. Department of Commerce issued an 
Export Trade Certificate of Review to EFS International Corporation/
DBA: EFS Global Trade and Export Services (``EFS''). This notice 
summarizes the conduct for which certification has been granted.

FOR FURTHER INFORMATION CONTACT: Joseph E. Flynn, Director, Office of 
Competition and Economic Analysis, International Trade Administration, 
by telephone at (202) 482-5131 (this is not a toll-free number) or e-
mail at [email protected].

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 (2009).
    The Office of Competition and Economic Analysis (``OCEA'') 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

    EFS is certified to engage in the Export Trade Activities and 
Methods of Operation described below in the following Export Trade and 
Export Markets.

[[Page 35442]]

I. Export Trade

    1. Product: 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 export of Products and Services, licensing 
of Technology Rights and provision of Export Trade Facilitation 
Services, EFS International, subject to the terms and conditions listed 
below, may:
    a. Provide and/or arrange for the provisions of Export Trade 
Facilitation Services and engage in promotional and marketing 
activities;
    b. 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 agreements 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; and taking title 
to when provided in order to facilitate the export of goods or services 
produced in the United States;
    h. Negotiate, enter into, and/or manage licensing agreements for 
the export of Technology Rights;
    i. Enter into contracts for shipping to Export Markets; and
    j. Refuse to provide Export Trade Facilitation Services to 
customers in any Export Market or Markets.
    2. EFS International may exchange information with individual 
Suppliers on a one-to-one basis 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 
EFS International with its distributors in Export Markets.

IV. Terms and Conditions

    1. In engaging in Export Trade Activities and Methods of Operation, 
EFS International 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. EFS International will comply with requests made by the 
Secretary of Commerce on behalf of the Secretary 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.

Definition

    ``Supplier'' means a person who produces, provides, or sells 
Products, Services, and/or Technology Rights.

    Dated: June 8, 2010.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2010-15005 Filed 6-21-10; 8:45 am]
BILLING CODE 3510-DR-P