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Export Control Contract Clause
Official Authorizations – Export Licenses
1
The item(s)/commodity(ies) or service(s) or part of them may be subject to export laws
and regulations (hereafter referred to as "Export Regulations"), and the Parties
acknowledge that diversion contrary to such Export Regulations is prohibited.
Purchaser will provide Supplier with all information necessary to evaluate the
applicability of license regulations.
2
The Supplier shall identify any part of the item(s)/commodity(ies) or service(s) that is
subject to Export Regulations at the time of signature of a Contract or the receipt of an
Order. Until actual delivery, amendments to such information shall be provided by
Supplier in the event of a change in Export Regulations or an envisaged change of the
classification by Government, and the Supplier shall provide the Purchaser with all
information concerning such applicable Export Regulations. Supplier shall not be liable
for such changes but should provide reasonable assistance requested by Purchaser to
comply with the applicable Export Regulations.
The executed “Suppliers Export Control Classification Declaration (”M-MC-0053”)is
part of the Contract / Order.
3
Whenever all or part of the item(s)/commodity(ies) or service(s) is subject to Export
Regulations, and without prejudice to its obligations under this Provision, the Supplier
shall:
(i)
be responsible for obtaining in time, at no cost to the Purchaser, unless otherwise
specifically agreed, all relevant official approvals, licenses and authorizations
required for the export of his item(s)/commodity(ies) and service(s) to, delivery of
them to, and use of them by the Purchaser and the Customer or End User in
accordance with this Contract / Order or as provided by the Purchaser’s End-Use
Statement; and
(ii)
where all or part of an item(s)/commodity(ies) or service(s) is subject to export
licensing procedures, the Supplier shall ensure that an export license or similar
documentation is issued by the relevant authorities in time to allow delivery and
operation of the item(s)/commodity(ies) or service(s) by the Purchaser and the
Customer or End-user in accordance with this Contract / Order and the provided
End-Use Statement; and
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(iii) clearly indicate on all delivery notices the export control classification number and
the number of the applicable export license; and
(iv) mark all documentation provided in furtherance of a license with the appropriate
applicable export license number and distribution restrictions; and
(v)
provide Purchaser with a copy of the export license certificate, including a copy of
all provisos that relate to the compliance obligations of the purchaser, including,
but not limited to, any restrictions on sublicensing, any restrictions on retransfer,
any requirements for non-disclosure agreements, any limitations on employees,
and any other restrictions or conditions that result in authorization being more
restrictive or not as broad as contemplated in the authorization or license request
and/or the order documentation. Provisos that are classified or that do not relate
to the compliance obligations of the purchaser may be blanked out from the copy
supplied to Purchaser, if so required by the US Government.
4
If one or more Technical Assistance Agreements (“TAA’s”) are required for the
fulfillment of this Contract / Order, the TAA(s) and any Amendments thereto shall be
agreed with the Purchaser before being submitted to the export authorities, and a copy
of the issued approval including a copy of all provisos that relate to the execution of this
Contract or the compliance obligations of the Purchaser shall be provided to Purchaser.
Provisos that are classified or that do not relate to the compliance obligations of the
purchaser may be blanked out from the copy supplied to Purchaser, if so required by the
US Government.
5
Notwithstanding anything to the contrary in this Contract / Order, the following
provisions are of essence for this Contract / Order
i.
ii.
1
•
•
Purchaser's ability to deliver and support Helicopter (including spares, software,
technology,
training
equipment,
documentation)
fitted
with
the
item(s)/commodity(ies) or service(s) that are not listed on an export control list
worldwide – provided that Purchaser follows all national / EU / U.S. catch-all
restrictions for his products1 - or
Customer's or End-user’s ability to use, operate and maintain the products that are
listed on an export control list as provided by the End-Use Statement
Purchaser shall certify that all such items will not be re-exported or retransferred to
nuclear, missile, chemical and biological, or maritime nuclear propulsion end-uses or
end-users prohibited by the General Prohibitions set forth in EAR Part 736 (incorporating by reference EAR
Part 744).
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In the event of Supplier's non-compliance with its obligations under these provisions to
supply the Items/Commodities or services compliant with Export Regulations, the
Supplier
shall, at its own costs, and within a timeframe compatible with the Purchaser's business
needs take the appropriate actions to comply with, by
(i) obtaining from the relevant administration any authorization, with respect to the
item(s)/commodity(ies) and service(s), necessary for the Purchaser to sell and support
the helicopter and service(s) and/or the provided end-use-statement for the relevant
Customer or End-user to continue using, operating and maintaining the helicopter and
service(s), and (ii) replacing or modifying the restricted technology so that the
item(s)/commodity(ies) and service(s) ceases to infringe the Export Regulations, while
fulfilling all requirements defined by this Contract / Order; without prejudice to the
Purchaser's rights to claim for compensation for all costs, damages and losses suffered as
a consequence of the said breach and/or to terminate this Contract / Order for
Supplier's default.
6
Notwithstanding any other provision of this Contract / Order, the Supplier shall be
liable for all damages, losses, and liabilities incurred by the Purchaser as the result of the
Supplier's negligent non-compliance with its obligations under these provisions.
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