Export Trade Certificate of Review

DEPARTMENT OF COMMERCE

International Trade Administration, Commerce.

Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export Trade Certificate of Review,

Application No. 94-00002.

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SUMMARY: The Department of Commerce has issued an Export Trade

Certificate of Review to Frederick Pogorzelski doing business as the

Russian Business Center (``RBC''). This notice summarizes the conduct

for which certification has been granted.

FOR FURTHER INFORMATION CONTACT: W. Dawn Busby, 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 (1993).

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 Products.

2. Services

All Services.

3. Export Trade Facilitation Services (as They Relate to the Export of

Products and Services)

Export Trade Facilitation Services including professional services

in the areas of government relations, foreign trade and business

protocol, marketing, marketing research, negotiations, joint ventures,

shipping, export management, advertising, documentation, insurance and

financing, trade show exhibitions, organizational development,

management strategies and transfer of technology.

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).

Export Trade Activities and Methods of Operation

1. To engage in Export Trade in the Export Markets, as an Export

Intermediary, RBC may:

a. Provide and/or arrange for the provisions of Export Trade

Facilitation Services;

b. Engage in promotional and marketing activities;

c. Enter into exclusive export sales agreements with Suppliers for

the export of Products and/or Services for sale in the Export Markets;

such agreements may prohibit Suppliers from exporting independently of

RBC;

d. Enter into exclusive agreements with distributors in the Export

Markets;

e. Establish the price of Products and/or Services for sale in the

Export Markets;

f. Allocate export orders among its Suppliers; and

g. Enter into contracts for shipping.

2. RBC and individual Suppliers may regularly exchange information

on a one-on-one basis regarding inventories and near-term production

schedules in order that the availability of supplies for export can be

determined and effectively coordinated by RBC with its distributors in

the Export Markets.

3. RBC may require any Supplier wishing to terminate its export

sales agreement to give RBC six months written notice. RBC may require

a former Supplier not to sell through foreign distributors with whom

RBC deals for a period of two years following termination.

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 and/or Service.

A copy of the certificate will be kept in the International Trade

Administration's Freedom of Information Records Inspection Facility,

room 4102, U.S. Department of Commerce, 14th Street and Constitution

Avenue, NW., Washington, D.C. 20230.

Dated: June 1, 1994.

W. Dawn Busby,

Director, Office of Export Trading, Company Affairs.

[FR Doc. 94-13805 Filed 6-6-94; 8:45 am]

BILLING CODE 3510-DR-P