NOTE: This information is only a GUIDELINE for you as the named countries are subject to change.
It is always MANDATORY to inform yourself whenever exporting goods.
This information is not given to make your business more difficult but to enhance the efficiences of your business. We, as your partner wish to help you avoid any national, European Union or US law violations that may cause any serious legal and contractual consequences.
As a US company, American International Radio, Inc. (AIR Inc.) and all its subsidiary activities worldwide are subject to US law. AIR Inc. regards compliance with both US, EU and national export control regulations as mandatory and determines that it will remain at all times within the letter and intent of all applicable regulations in all countries where it has distribution or production facilities.
Most systems, radios, parts, accessories, software and technology contain US content and as such remain subject to US export control regulations, even beyond the physical ownership and distribution of AIR.
As a direct consequence of this fact, the goods that we supply to you come with the responsibility for continuation of US export control and trade compliance along the supply chain. As dealers, partners and/or end-users of AIR Inc. you have agreed to comply with US export control regulations as they affect the products, software and technology supplied to you by AIR Inc. It is imperative, therefore that you understand your responsibilities and have the knowledge to comply with national export control regulations but also with the US requirements.
Below are some elements of export control and the actions required from your part.
There are three distinct aspects of Export Control:
1. Destination Control (this relates to every order)
2. Use of Goods (this relates to every order)
3. The supply of Products, Software andTechnology (this relates to shipments of controlled products, software and technology)
Destination Control
Because of embargoes imposed by the US, EU and the United Nations certain countries may not be supplied specifically with Motorola products (neither directly nor indirectly) and/or other manufacturer products we carry, unless an export license has been approved by the US and any other relevant government agency(ies). The countries are subject to change. You must always inform yourself whenever importing or exporting goods.
Please view the following webpages for more information:
http://europa.eu.intleur-Iexlen/index.html
http://www.treasury.gov/Pages/default.aspx
US and EU have published a number of lists naming enterprises and individuals who are subject to sanctions ranging fromrestrictive licensing policies to total denial or blocking orders. The lists are called the "Denied Persons List" = DPL, "Specially Designated Nationals List" = SDNL, Entity List, Unverified List and Debarred List in United States, and Sanctioned Party Lists in European Union.
You can view and download the latest version at:
http://www.bis.doc.gov/ComplianceAndEnforcement/index.htm
http://europa.eu.int/eur-Iexlen/index.html
http://www.bankofengland.co.uk/
http://www.bankofengland.co.uk/sanctions/main.htm
http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx
Additionally, please contact your local licensing authorities for further names and listings.
It is your responsibility to verify that you are not selling those products to any person or organization listed above.
Important notice: The DNL, SDNL, Entity List, Unverified and Debarred List and EU Sanctioned Party List are also applicable to domestic sales.
Use of goods
Thereare also restrictions on the supply of products, software and technology to organizations who are involved in the following end-uses (does not apply to shipments within the European Union):
- Nuclear Related Activity (i.e. power, fuel,research, weapons)
- Chemical or Biological Weapons
- Missile Technology
- Weapons of Mass Destruction
- Military/Police
- Military/End-use.
EU/ national export licenses may be required when supplying products, software andtechnology to end-users and to end-uses in weapon embargo destinations.
All orders for this end-use will most probably require license approval even for standard products, software and technology.
You, our business partners, are responsible to provide written end-user and end-use information including end-user certificates for shipments of products, software and technology when requested to do so.
Supply of Products, Software and Technology
All exports and re-exports of 'controlled' products, software and technology are subject to US, EU and national government authorizations to be exported or re-exported.
When an order for 'controlled' products, software and technology is placed with us for shipments to any destinations outside the EU countries and the seven friendly countries, an end-user statement on end-user letter head, paper signed and stamped by the end-user along with additional documentation in the authorized format has to be provided immediately.
For further information about the EU countries and the seven friendly countries please see the following web pages:
http://europa.eu.int/abc/indexeu.htm
http://www.bankofengland.co.uk/sanctions/main.htm
http://www.dti.gov.uk/export.control/whatsnew.htm
For certain products an import certificate may be required in the destination country and this must be obtained as soon as possible to enable import.
The distribution of any 'controlled' software and technology via email, internet or phone is also subject to US, EU and national export control regulations. United States, European Union and national export licenses may be required for intangible goods, for example software, and technology transfer.
The Hand carry of products, software and technology is also an export. Hand carry of 'controlled' products, software and technology may require US, EU and/or national government authorization prior to export.
Please note that although worldwide export control regulations are similar, you need to take into account national differences and it is your responsibility to identify and understand any such national variations. These could have an impact on all areas of trade compliance but specifically on classification, licensing and screening requirements.
AIR Inc. will have no liability if the licensing authorities delay or deny the issuance of an US, EU or national export license.
