N.Y. Comp. Codes R. & Regs. tit. 5, § 130.4 – Requests to receive assistance; evaluation; approval.

(a) Eligible participants wishing to receive counselling on obtaining export finance from public and private organizations or intermediary services to match such participant with export finance being offered by public and private organizations shall provide the department with information on the following matters: the commercial viability of the eligible participant, whether it offers for sale or trade goods or services which are likely to be in demand in international markets and are substantially produced in New York, the eligible participant's knowledge of exporting, the eligible participant's commitment to exporting and such other information as the commissioner shall deem necessary or desirable. Such information shall be provided in such a form and manner as the commissioner shall deem necessary or desirable, including, but limited to, by means of an application.
(b) The department shall evaluate all requests to receive counselling on obtaining export finance or intermediary services in the service based upon the eligible participant's demonstration of the following:
1. (1) the commercial viability of the eligible participant;
2. (2) whether it offers for sale or trade goods or services which are likely to be in demand in international markets and are substantially produced in New York;
3. (3) the eligible participant's knowledge of exporting; and
4. (4) the eligible participant's commitment to exporting.
(c) The department shall review the information provided by eligible participants in accordance with the evaluation criteria specified in subdivision (b) of this section. The department shall approve or disapprove of requests to receive counselling on obtaining export finance or intermediary service in the service, and shall so notify the eligible participants in such a form and manner as the commissioner shall deem necessary or desirable. The department shall enter into such contractual agreements to provide assistance under the service as is necessary or desirable.