Form ITA-4133P Advocacy Questionnaire

FORM ITA-4133P OMB Control No. 0625-0220

Page 1 of 8 Expires xx/xx/2012

ADVOCACY QUESTIONNAIRE

United States Government advocacy decisions are made on the basis of the best information available. To assist us in responding effectively to your company's request for advocacy, please submit this Questionnaire (including the information requested on the following pages) and other relevant materials to your USG contact or to the Advocacy Center (“AC”), U.S. Department of Commerce, Room 3814A, Washington, D.C. 20230, Phone: (202) 482-3896, Fax: (202) 482-3508. Please also complete the attached “Agreement Concerning Bribery and Corporate Policy Prohibiting Bribery.”

This Questionnaire should be completed by the bidder for the project, except in special circumstances as determined by the AC. Subcontractors or suppliers should not complete this form unless requested by the AC. If you are awarded a project for which USG advocacy has been provided, the Advocacy Center may follow-up to assess the effectiveness of our assistance and the benefits to the U.S. economy. Companies are responsible for promptly informing the AC of any material changes in the information provided.

Freedom of Information Act: Information submitted to the government may be subject to disclosure pursuant to the Freedom of Information Act. However, all confidential commercial information will be protected from disclosure to the extent permitted by law. You will be notified if any such information submitted by you is responsive to a Freedom of Information Act request.

Name and Location of the Project: _________________________________________________

Name of Company: _________________________________________________

Place of Incorporation: _________________________________________________

Place of Domicile: _________________________________________________

Company Reference Information: EIN:___________________ D&B #:___________________

Ownership (identify any parent companies): _________________________________________________

Annual Sales ($): _________________________________________________

Number of Employees: U.S.:____­­­____________Outside U.S.:__________________

Address: _________________________________________________

Contact and Title: _________________________________________________

Contact Information: Phone:________________ E-mail:_____________________

Certification

The undersigned, being so authorized, certifies on behalf of the Company that, to the best of his/her knowledge, the information provided herewith is complete and accurate, and that the Company is in compliance with applicable U.S. law including the Foreign Corrupt Practices Act.

___________________________________ _________________________________

Signature of Authorized Company Official Date

___________________________________ _________________________________
Typed Name of Authorized Company Official Typed Title of Authorized Company Official

This Questionnaire is also available at our website: http://export.gov/Advocacy/questionnaire.html. If the Questionnaire is submitted electronically, the signed signature page and Agreement Concerning Bribery and Corporate Policy Prohibiting Bribery must be scanned and emailed or provided by mail or fax.

Please respond in detail to each question below. Include additional sheets of paper if necessary.

A. PROJECT/TRANSACTION:

1. Description of the foreign project/transaction:
   a) Please provide overall description of the project.

b) Is this request in response to a government procurement or unsolicited tender?

c) Is this request for Commercial or Defense Advocacy?

d) If this is a Defense Advocacy request, note if the sale will be Foreign Military Sale (FMS) or Direct Commercial Sale (DCS).

2. Total value of the project/transaction (e.g., the estimated contract value specified in U.S. dollars). Identify separately value(s) to be provided by domestic and/or foreign partners in a consortium, if applicable:

1. US Goods provided by your company

2. US Services provided by your company

3. US Goods provided by other companies

4. US Services provided by other companies

5. Total US Goods/Services (A+B+C+D)

6. Foreign Goods provided by other companies

7. Foreign Services provided by other companies

8. Total Foreign Goods/Services (F+G)

9. Total Project Value (E+H)

3. Description of all project goods/services:

1. Describe the US Goods/Services provided by your company.

2. Describe the US Goods/Services provided by other US companies.

3. Describe the Foreign Goods/Services provided by other companies.

4. Status of project/transaction or current stage of bid process, and expected interim and final decision date(s):
   
   
   
   
   

5. Name and title of foreign government decision-maker(s):

a. _________________________________________________________________

b. _________________________________________________________________

c. _________________________________________________________________

d. _________________________________________________________________

6. Are you the “Bidder of record”? Yes/No If not please provide the name and nationality of the Bidder of Record.

Are you bidding in a partnership or a consortium with other companies? Yes/No If yes:

1. Ownership/structure/control of consortium (provide percentages where applicable):

2. Name, nationality, address, telephone number, contact name and title of the company’s partners and/or consortium members:
   
   
   

3. Anticipated role of each partner and/or member of the consortium:
   
   

7. How will this project/transaction affect the environment?

8. Will any items or technology to be exported in connection with this project/transaction require U.S. Government export licenses (e.g., a Department of State license or a Department of Commerce license)? Yes/No If yes, you must provide license/application number(s) and/or status of application.

B. REQUEST FOR ADVOCACY:

1. Type of assistance requested. Be as specific as possible:

2. Reason for requested assistance:
   
   
   
   

3. Please highlight the competitiveness of your bid in terms of technology and price:
   
   
   
   

4. Has your company, partner(s), or any member of your consortium requested or received advocacy or any other assistance from a foreign government in connection with this project/transaction? If yes, please explain.

5. How does your company plan to finance this project/transaction?

6. Has your company – or any member of your consortium – applied for
   financing/support from any public export finance institution (e.g. EXIM, TDA, OPIC, foreign export financing agencies)?

a. If yes, provide status of application:

b. If no (as of completion of Questionnaire), indicate whether you plan to seek such financing/support in future:

C. COMPETITORS:

1. Please identify all known competitors for this project/transaction and their nationalities, including all U.S. and foreign companies/enterprises.
   
   
   

2. To your knowledge, have any of the competitors listed above sought or received foreign government advocacy in connection with this project/transaction? If yes, please explain and identify the source and type of advocacy.

D. EXPECTED EFFECTS ON U.S. ECONOMY:

1. What are the expected direct and indirect effects on U.S. jobs, including effects on small and medium sized enterprises, which may result if this project/transaction is awarded to USG advocacy petitioner?

2. From what State(s) will exports be sourced should this project/transaction be awarded to the USG advocacy petitioner?

3. Please identify any other foreseeable material benefits to the U.S. economy expected to derive from the USG advocacy petitioner’s bid or from its role in the project/transaction.

Public reporting for this collection of information is estimated to be 30 minutes per response, including the time for reviewing instructions, and completing and reviewing the

collection of information. All responses to this collection of information are voluntary, and will be provided confidentiality to the extent allowed under the Freedom of Information Act (FOIA). Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB control number. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Clearance Officer, International Trade Administration, Department of Commerce, Room 4001, 14th and Constitution Avenue, N.W., Washington, D.C. 20230.

AGREEMENT CONCERNING BRIBERY AND

CORPORATE POLICY PROHIBITING BRIBERY

Agreement:

__________________________________________________ (“the Company”) has requested advocacy assistance for the _____________________________________________________ project/transaction in ___________________________________. In connection with this request the Company agrees that it and its Affiliates:

(1) have not and will not engage in the bribery of foreign public officials in connection with the above matter; and

(2) maintain and enforce a policy that prohibits the bribery of foreign public officials.

The Company understands that failure to comply with the terms of this Agreement may result in the denial of advocacy assistance.

Definitions:

For purposes of this Agreement:

The term “Affiliate” means (a) any company that holds, directly or indirectly, a majority of the voting stock of the Company; and (b) any other company the majority ownership of whose voting stock is held, directly or indirectly, by the Company or by a company described in (a).

The term “bribery of foreign public officials” has the meaning of the term “bribery of foreign public officials” in the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. In addition, for companies that are subject to the Foreign Corrupt Practices Act of 1977 (FCPA), the term "bribery of foreign public officials" refers to practices prohibited by the FCPA (see 15 U.S.C. §§ 78dd1, 78dd2, and 78dd-3).

_________________________________

[Name of the Company]

by: _________________________________ Date: ____________________________

[Signature]

_________________________________

[Type/Print Name]

_________________________________

[Title]