# Export Trade Certificate of Review > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-5885 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** March 14, 1994 ## Text DEPARTMENT OF COMMERCE Export Trade Certificate of Review ACTION: Notice of application. ----------------------------------------------------------------------- SUMMARY: The Office of Export Trading Company Affairs, International Trade Administration, Department of Commerce, has received an application for an Export Trade Certificate of Review. This notice summarizes the application and requests comments relevant to whether the Certificate should be issued. FOR FURTHER INFORMATION CONTACT: Friedrich R. Crupe, Acting 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. A Certificate of Review protects the holder and the members identified in the Certificate from state and federal government antitrust actions and from private, treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. Section 302(b)(1) of the Act and 15 CFR 325.6(a) require the Secretary to publish a notice in the Federal Register identifying the applicant and summarizing its proposed export conduct. Request for Public Comments Interested parties may submit written comments relevant to the determination whether a Certificate should be issued. An original and five (5) copies should be submitted no later than 20 days after the date of this notice to: Office of Export Trading Company Affairs, International Trade Administration, Department of Commerce, room 1800H, Washington, DC 20230. Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). Comments should refer to this application as ``Export Trade Certificate of Review, application number 94-00002.'' A summary of the application follows. Summary of the Application Applicant: Frederick Pogorzelski doing business as Russian Business Center, P.O. Box 90400, Honolulu, Hawaii 96835-0400. Contact: Frederick Pogorzelski, Owner, Telephone: 808-941-4541. Application No.: 94-00002. Date Deemed Submitted: March 3, 1994. Members (In Addition to Applicant): None. Frederick Pogorzelski d/b/a Russian Business Center seeks a Certificate to cover the following specific Export Trade, Export Markets, and Export Trade Activities and Methods of Operations. 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, Frederick Pogorzelski d/b/a the Russian Business Center (``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. Dated: March 7, 1994. Friedrich R. Crupe, Acting Director, Office of Export Trading Company Affairs. [FR Doc. 94-5885 Filed 3-11-94; 8:45 am] BILLING CODE 3510-DR-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-5885. Public record. Not legal advice.