Export Trade Certificate of Review

1. Export Activities to Reduce Costs and Risks

Export Trade Certificates of Reviews (COR) are issued by the Department of Com­merce (with the concurrence of the Department of Justice) and provide antitrust protection for certain specified export activities. Companies holding certificates can work together in the appointment of exclusive agents or distributors, the set­ting of limitations on pricing, or the handling of competitive products. The benefits of COR include a reduction in transportation, warehousing, and marketing costs. It also allows firms to establish joint facilities, set common prices, divide markets and sales territories, bid on large contracts, and share space in overseas trade shows. Small and medium-size companies are able to spread costs and minimize risks in exporting without violating U.S. antitrust legislation. Congress viewed the uncertain application of U.S. laws to export activities as impediments to the growth and expansion of U.S. exports. The certificate provides antitrust preclear­ance for the specified export activities.

U.S. residents, partnerships, or corporations as well as state and local gov­ernment entities can apply for COR. Over the past few years, a large number of trade associations have taken advantage of the program for their member firms. If the application meets certification standards, the Commerce Department is required to issue the COR within ninety days of submission of the application. With COR, companies are immune from federal and state antitrust actions. In private antitrust actions, it alters the burden of proof to the advantage of the certificate holder (CH), shortens the statute of limitations covering the CH’s con­duct, provides for recovery of legal expenses (in cases where the CH prevails), and reduces liability. Since the introduction of the legislation, in 1982, COR was challenged in court only once, in1998, by Horizon International, over the cer­tificate issued to another firm. The U.S. appeals court unanimously upheld the validity of the certificate.

It is important to note that COR will not be granted if the export activity:

• Reduces competition in the U.S. or results in the substantial restraint of export trade of any U.S. competitor
• Unreasonably affects prices of the covered product or services in the United States
• I s carried out with the expectation that the products or services will be re­exported to the United States.

2. Selected Holders of CORs

• The Association of Manufacturing Technology (AMT) of McLean, Virginia, represents the interests of American providers of manufacturing machin­ery and equipment. Founded in 1902, the organization has two goals: to promote technological advancements in the design, manufacture, and sale of members’ products and to act as an industry advocate on trade matters to governments and trade organizations throughout the world. AMT received its COR in 1987 with a view to enhancing the trade com­petitiveness of its members. Recently, its members were able to cooper­ate in order to win the contract to supply a large Chinese aircraft plant with the requisite machinery to modernize and win contracts to produce Western aircraft parts. Such cooperation would have been difficult with­out the COR.
• American Film Export Association (AFEA) of Los Angeles, California, is a trade association that provides members with marketing support services, handles government relations, and compiles statistical data. It received a COR in 1987 and has used this opportunity to expand export opportuni­ties for its members. AFEA fosters the exchange of information among its exporting members on foreign market conditions including vital credit data on more than 500 film and television buyers in more than fifty coun­tries. It also assists members in reducing delays in product delivery to overseas distributors, provides international model licensing agreements, and administers an arbitration tribunal, which resolves disputes regarding distribution.
• Florida Citrus Exports (FCE) operates as an export joint venture of nine mem­bers, including grower-owned cooperatives and packing houses. It received a COR in 1995 and has been able to help members to cut export costs and increase export effectiveness. The COR allows members to share transpor­tation and market development costs, engage in joint promotional activi­ties, speak with one voice in negotiations with export service providers and foreign buyers, prepare joint bids, assist each other in maintaining quality standards, and spread risks. The coordination of transportation is particu­larly important in exporting perishable commodities.

Source: Seyoum Belay (2014), Export-import theory, practices, and procedures, Routledge; 3rd edition.