This document is three pages long. Please read it carefully, print it, check and sign the attached form, and return it.
The U.S. Department of Commerce and the U.S. Department of State, Directorate of Defense Trade Controls regulates our products. Due to this we kindly request that you read the below paragraphs regarding export regulations. If you should have any questions or require additional information regarding export regulations please contact our knowledgeable and experienced staff or contact the:
U.S. Department of Commerce Bureau of Industry and Security Services: PH (202) 482-4811 Website: http://www.bis.doc.gov/ U.S. Department of State Directorate of Defense Trade Controls Response Team: PH (202) 663-1282 Website: http://www.pmddtc.state.gov/
We would like to thank you for your cooperation in helping us safeguard against illegal exportation of the regulated products.
Export of night vision equipment and optical sighting equipment (including user manuals) is controlled by the U.S. Department of State Directorate of Defense Trade Controls, in accordance with the International Traffic in Arms Regulations (ITAR), Title 22, and Code of Federal Regulations Part 120-130 and/or the U.S. Department of Commerce Bureau of Industry and Security in accordance with the Export Administration Regulations (EAR), Title 15, Code of Federal Regulations Part 730. Some of this equipment may require a license for export or re-export from the United States. Any export of equipment sold by Bear Basin to a purchaser outside of the United States will be made in strict compliance with U.S. export control laws. Diversion contrary to U.S. law is prohibited.
It is the purchaser's responsibility to request and obtain any required export licenses for the subsequent export or re-export of the subject items, and to ensure that the requirements of all applicable laws, regulations and administrative policies are met. In addition, subsequent transfers of any products sold by Bear Basin to individuals or entities on the List of Debarred Parties, Denied Persons list, Specially Designated Nationals List, Entity List, Unverified List or Nonproliferation Sanctions list, as well as sales or transfers to Embargoed Countries, are strictly prohibited. It is the purchaser's responsibility to be aware of these Lists, websites for which are attached to this form.
1. I understand that all of the products obtained from Bear Basin are subject to one or more of the export control laws and regulations of the U.S. Government and that they fall under the control jurisdiction of either the Department of State or the Department of Commerce.
2. I understand that it is unlawful to export, or attempt to export or otherwise transfer or sell any hardware or technical data or furnish any service to any foreign person, whether abroad or in the United States (U.S.), for which a license or written approval of the U.S. Government is required, without first obtaining the required license or written approval from the department of the U.S. Government having jurisdiction.
3. I understand that, in the ITAR (§ 120.16), a foreign person means any natural person who is not a lawful permanent resident as defined by 8 U.S.C.1101(a)(20) or who is not a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any foreign corporation, business association, partnership, trust, society or any other entity or group that is not incorporated or organized to do business in the U.S., as well as international organizations, foreign governments and any agency or subdivision of foreign governments (e.g., diplomatic missions).
4. I understand that I am responsible for compliance with any and all U.S. Government export controls and regulations and that, if I violate them, it could result in severe criminal and civil penalties (including substantial fines, imprisonment, seizure of controlled products and technical data, and/or suspension/removal of export privileges) for my company and me.
5. I understand that ANY diversion contrary to United States law is prohibited; it is the responsibility of the undersigned, and of any entity with which I am affiliated to comply with all applicable international, national, state, regional and local laws and regulations, including but not limited to any applicable import and use restrictions; that commodities or data may not be exported or re-exported or otherwise transferred to entities and persons that are ineligible under U.S. law to receive such product, technology, and/or software.
6. I represent that neither I, any entity with which I am affiliated, nor any person involved in or benefitting from the export or re-export of Armasight products is named on the Lists of Prohibited Individuals, Entities and Countries. I further understand that exports, re-exports, or transfers of any Armasight products to, or for the benefit of, individuals, entities and countries named in the lists referenced in the Lists of Prohibited Individuals, Entities and Countries are strictly prohibited.
- U.S Department of Commerce Denied Persons list: http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern/denied-persons-list
- U.S Department of Commerce Unverified list: http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern/unverified-list
- U.S Department of Commerce Entity list: http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern/entity-list
- U.S Department of Commerce Sanctioned Destinations List: http://www.bis.doc.gov/index.php/policy-guidance/country-guidance/sanctioned-destinations
- Consolidated Screening List http://export.gov/ecr/eg_main_023148.asp
- U.S Department of Treasury Specially Designated National http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx
- U.S. Department of Treasury Sanctions Programs and Country Information: http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx
- U.S. Department of State List of Statutorily Debarred Parties: http://pmddtc.state.gov/compliance/debar.html
- U.S. Department of State List of Administratively Debarred Parties: http://pmddtc.state.gov/compliance/debar_admin.html
- U.S. Department of State Nonproliferation Sanctions: http://www.state.gov/t/isn/c15231.htm
- U.S. Department of State Country Policies and Embargoes http://pmddtc.state.gov/embargoed_countries/index.html
- Specially Designated Nationals List http://www.treas.gov/offices/enforcement/ofac/sdn/
- Debarred lists: http://www.pmddtc.state.gov/compliance/debar_intro.html
1. I am purchasing the articles identified on the attached purchase/sales order for use or resale in the U.S. only and by U.S Persons or Entities. I understand that these items may not be exported, provided to foreign persons in the U.S. (including Foreign Embassies in the U.S.A.), or sold domestically for export by a third party (including U.S. Government agencies) without the prior authorization of the United States Government. If/when I resell these items, I will advise my customers of their duty to comply with U.S. export control regulations or face the possibility of severe criminal and civil fines including imprisonment if convicted.
2. I am purchasing the articles identified on the attached sales order/invoice for use or resale outside of the United States. I acknowledge that night vision equipment and optical sighting equipment (including unpublished technical data) is subject to export control either by the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulations (EAR). Items subject to the ITAR shall not be exported without an export license. The recipient is subject to all applicable terms and conditions of such license. These commodities are authorized by the U.S. Government for export only to the country of ultimate destination for use by the designated end user as listed in the license. They may not be transferred, transshipped on a non-continuous voyage, or otherwise be disposed of in any other country, either in their original form or after being incorporated into other end items, without the prior written approval of the U.S. Department of State. All other commodities, technology, or software shall be exported from the United States in accordance with the Export Administration Regulations. It is the purchaser's responsibility to request and obtain any required licenses for the subsequent transfer, export or re-export of the subject items, and to ensure compliance with all applicable U.S. and non-U.S. laws, regulations and administrative policies. Sale or transfer of any Armasight products to individuals, entities and countries listed on the US Government's published Denied Person List, Entity List, Debarred Parties List, Specially Designated Nationals List, Nonproliferation Sanctions List and Embargoed Countries and Destinations list is strictly forbidden. Noncompliance with export regulations could result in severe criminal and civil penalties including substantial fines, imprisonment, seizure of controlled products and technical data, and/or suspension/removal of export privileges. Diversion contrary to U.S. law is prohibited.
3. I am a U.S. Person as defined in ITAR 22CFR §120.15 U.S. person means a person (as defined in § 120.14 of this part) who is a lawful permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the United States. It also includes any governmental (federal, state or local) entity. It does not include any foreign person as defined in § 120.16 of this part.
4. I am a Foreign Person as defined in ITAR 22CFR §120.16 Foreign person means any natural person who is not a lawful permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is not a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any foreign corporation, business association, partnership, trust, society or any other entity or group that is not incorporated or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of foreign governments (e.g., diplomatic missions).
5. I certify that the undersigned person, the company, nor any employee or direct affiliate of the undersigned company is not debarred pursuant to the ITAR, or otherwise listed on the Prohibited Individuals or Prohibited Entities lists defined by the U.S Government.