ALL PRODUCTS SUBJECT TO ITAR REGULATIONS
I, the undersigned, hereby represent and certify to Bellica Solutions LLC (“Company”) as follows:
I. Customer acknowledges and understands that any product, software or technology, including technical data, specifications or product schematics (collectively, “Products”) obtained from the Company are subject to U.S. export control and economic sanctions laws and regulations (collectively, “U.S. Export Controls Laws”). The U.S. Export Control Laws include the Export Administration Regulations (15 CFR Parts 730-774) administered by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), the International Traffic in Arms Regulations (22 CFR Parts 120-130) administered by the U.S. State Department’s Directorate of Defense Trade Controls (“DDTC”), and the sanctions regulations (31 CFR Parts 500-599) administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”).
II. Customer represents that it is in compliance in all material respects with U.S. Export Control Laws and that it will fully comply with all applicable U.S. Export Control Laws with respect to the Products.
III. The Company has sold the Products with the understanding that they will be used in and remain in the United States.
IV. Customer understands that the Products are subject to strict licensing requirements under the U.S. Export Control Laws and that it is unlawful to export, re-export, transfer or otherwise dispose of the Products without first obtaining the required authorization from the relevant U.S. government agency.
V. Customer acknowledges that it assumes all responsibility, risk and liability for obtaining any necessary licenses or other required approvals from the relevant U.S. government agency(ies) if Customer exports, re-exports, transfers or takes any other action with respect to the Products that may require a license or other authorization under the U.S. Export Control Laws.
VI. Any failure to comply with the U.S. Export Control Laws or other applicable U.S. law and regulation, may result in financial and other penalties against Customer by the U.S. government. Customer agrees it shall indemnify and hold the Company harmless from any damages, penalties, or other fine, related to this certification or stemming from Customer’s breach of the U.S. Export Control Laws with respect to the Products.
VII. Without limiting the above, Customer shall not, indirectly or directly, sell, loan, transfer, demonstrate, permit access or otherwise engage in any activity concerning the Products to or for any of the following unless all the required authorizations have been granted by the applicable U.S. government agency(ies):
(i) Any country or territory that is subject to U.S. or United Nations arms embargo, including China and Russia, or trade embargo by the U.S. (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk People's Republic (“DNR”), and Luhansk People's Republic (“LNR”) regions of Ukraine);
(ii) Any person, entity, or foreign government agency (collectively “Person”), that is listed on or subject to any applicable proscribed persons/ sanctioned persons lists, including but not limited to BIS’s Denied Persons’ List, BIS’s Entity List; DDTC’s Nonproliferation Sanctions List and Arms Export Control Act Debarred List; or OFAC’s Specially Designated Nationals and Blocked Persons List and OFAC’s Foreign Sanctions Evaders Lists (OFAC lists are collectively “SDN Lists”); You can use the free U.S. government screening tool at CSL Search (trade.gov) to screen for sanctioned or proscribed persons.
(iii) a military end-user or military intelligence end-user in any country outside of the U.S. or if the Product will be incorporated into a “military commodity” controlled by ECCN 0A919; and any end-use prohibited under the U.S. Export Control Laws, which includes but is not limited to the design, development, manufacture, production, assembly, construction, testing, maintenance, repair, overhaul use, or stockpiling of any of the following: (1) nuclear explosive devices; (2) weapons of mass destruction; (3) missiles, rockets, or unmanned air vehicles of any kind; (4) chemical or biological weapons; or (5) nuclear maritime propulsion projects.
VIII. Customer represents and warrants that it is not subject to or otherwise listed on any U.S. government agency(ies) list of proscribed persons/sanctioned persons. Customer further represents and warrants it is not acting, indirectly or directly, on the behalf of any persons that are subject to or otherwise listed on any U.S. government agency(ies).
IX. A breach of this certificate is a “material breach” and the Company is entitled to any recourse against the Customer to the extent permitted by law, including the right to obtain any damages, punitive or otherwise, as a result of any breach of any provisions herein.
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