Supplier Export Compliance Certification
Section 1: Supplier Export Compliance Point of Contact:
Name of authorized company individual to discuss and respond to the export compliance requirements of this certification:
Printed Name:
Printed Title:
Telephone:
Email:
See ITAR Definitions on next page for clarifications
Section 2: U.S. Registration Requirement: (§ 122.1):
All Exelis Systems Corporation suppliers who are U.S. persons or entities must comply with the following U.S. regulatory requirement contained in the ITAR:
“Any person who engages in the U.S. in the business of either manufacturing or exporting defense articles or furnishing defense services is required to
register with the Office of Defense Trade Controls [U.S. Department of State].” Manufacturers who do not engage in exporting must nevertheless register.
Exemptions → Registration is not required for:
(1)
Officers and employees of the U.S. Government acting in an official capacity.
(2)
Persons whose pertinent business activity is confined to the production of unclassified technical data only.
(3)
Persons all of whose manufacturing and export activities are licensed under the Atomic Energy Act of 1954, as amended.
(4)
Persons who engage only in the fabrication of articles for experimental or scientific purpose, including research and development.
1.
Yes
No
2.
Yes
No
Is your company registered with U.S. Dept. of State, Directorate of Defense Trade Controls?
If Yes, please attach DDTC’s registration letter removing your registration code or a certified letter signed by a duly
authorized officer of the company stating that you are registered. Please include your registration’s expiration date.
Consult the following website for more information: http://www/pmddtc.state.gov
Does your company intend to register? If yes, when?
If not, please provide the reasons?
Section 3: Supplier Information:
1. Are you a NON-U.S. company or other legal entity?
Yes (This means that you are NOT a corporation, business association, partnership, society, trust, or any other entity that is
incorporated to do business in the United States.)
No (This means that your company or legal entity is a U.S. corporation, business association, partnership, society, trust, or any
other entity that is incorporated to do business in the United States.)
Yes Does your company employ NON-U.S. persons or use NON-U.S. persons as contract labor or consultants at your
2.
No company’s U.S. locations? A NON-U.S. person is someone who is NOT a U.S. citizen or U.S. permanent resident alien
(sometimes referred to as a “green card holder”).
Yes Does your company perform work at NON-U.S. affiliates, subsidiaries, or facilities?
3.
No
Yes Will any third party who is a NON-U.S. company or who will utilize NON-U.S. facilities be involved in any way on
4.
No Exelis System Corporation transactions?
Yes Will the item produced for Exelis System Corporation use any part, material, component, or data which is or would
5.
No become subject to the U.S. International Traffic in Arms Regulations (ITAR)? Consult the following website for more
No information: http://www.pmddtc.state.gov
If you respond “Yes” to questions 1 – 5 above, please attach a detailed explanation of your answers to this certification.
Section 4: Export Compliance Requirement:
Please read the following statements, sign the certification below and return this form to Exelis Systems Corporation:





I understand that I will advise employees of my company of their export compliance obligations and will ensure that the export requirements cited herein
are conveyed to all sub-tier suppliers that will receive Exelis Systems Corporation technical data.
I understand that providing access to U.S. export controlled goods, data or services to NON-U.S. persons either in the U.S. or abroad is prohibited
without export authorization from the U.S. Government.
I understand that certain goods, data, and/or services to be provided by Exelis System Corporation under a contract or purchase order are subject to U.S.
government export control regulations including ITAR and the Export Administration Regulations (EAR). See Export Control Markings below.
I understand that I am obligated to contact Exelis System Corporation immediately to obtain an export control determination in cases where export control
jurisdiction has not been clearly marked or otherwise identified by Exelis System Corporation.
Company shall comply with all U.S. Government Export Control Regulations, 22CFR Parts 120-130, ITAR, and 15 CFR Parts 730-774, Export
Administration Regulations (EAR).
Section 5: Certification:
I certify that to the best of my knowledge the above information is true and correct.
Your Printed Name
Printed Company Name
Your Printed Title
Today’s Date
Your Personal Signature
Please mail this completed form to the Exelis Systems Corporation, Program Office Purchasing Dept.
Form-PU-031 (Rev. 03/10)
Previous editions are obsolete.
Page 1 of 3
Use/disclosure of data on this sheet is subject
to the restrictions as stated in P&SP QM 2.1.
Pertinent ITAR Definitions
§ 120.15 U.S. Person
U.S. person means a person (as defined in § 120.14 of this part) who is 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.
History: 49 FR 47684, Dec. 6, 1984; 58 FR 39285, July 22, 1993; 59 FR 25811, May 18, 1994; amended at 71 FR 20534, Apr. 21, 2006.
§ 120.16 Foreign Person
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).
History: 59 FR 25811, May 18, 1994; 71 FR 20534, Apr. 21, 2006.
§ 120.10 Technical Data
(a) Technical data means, for purposes of this subchapter:
(1) Information, other than software as defined in § 120.10(a)(4) which is required for the design, development, production,
manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles. This includes information in
the form of blueprints, drawings, photographs, plans, instructions and documentation;
(2) Classified information relating to defense articles and defense services;
(3) Information covered by an invention secrecy order;
(4) Software as defined in § 121.8(f) of this subchapter directly related to defense articles;
(5) This definition does not include information concerning general scientific, mathematical or engineering principles commonly
taught in schools, colleges and universities or information in the public domain as defined in § 120.11. It also does not include
basic marketing information on function or purpose or general system descriptions of defense articles.
§ 120.9 Defense Service
(a) Defense service means:
(1) The furnishing of assistance (including training) to foreign persons, whether in the United States or abroad in the design,
development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation,
demilitarization, destruction, processing or use of defense articles;
(2) The furnishing to foreign persons of any technical data controlled under this subchapter (see § 120.10), whether in the United
States or abroad; or
(3) Military training of foreign units and forces, regular and irregular, including formal or informal instruction of foreign persons in the
United States or abroad or by correspondence courses, technical, educational, or information publications and media of all kinds,
training aid, orientation, training exercise, and military advice.
§ 120.6 Defense Article
Defense article is any item or technical data that is specifically designed, developed, configured adapted, or modified for a military or
intelligence applicability (120.3(b). A defense article could be a firearm, ammunition, tank or military vehicle, warship, launch vehicle,
spacecraft systems, explosives, military training equipment, protective personnel equipment and shelters, military electronics, optical
guidance and control equipment, toxicological agents, nuclear weapons, directed energy weapons, Defense Services or Tech Data (121.1)
It does not include basic marketing information on function or purpose or general system descriptions.
§ 120.3 Policy on Designating and Determining Defense Articles and Services
An article or service may be designated or determined in the future to be a defense article (see § 120.6) or defense service (see § 120.9) if
it:
(a) Is specifically designed, developed, configured, adapted, or modified for a military application, and
(1) Does not have predominant civil applications, and
(2) Does not have performance equivalent (defined by form, fit and function) to those of an article or service used for civil
applications; or
(b) Is specifically designed, developed, configured, adapted, or modified for a military application, and has significant military or
intelligence applicability such that control under this subchapter is necessary.
The intended use of the article or service after its export (i.e., for a military or civilian purpose) is not relevant in determining whether the
article or service is subject to the controls of this subchapter. Any item covered by the U.S. Munitions List must be within the categories of
the U.S. Munitions List. The scope of the U.S. Munitions List shall be changed only by amendments made pursuant to section 38 of the
Arms Export Control Act (22 U.S.C. 2778).
Form-PU-031 (Rev. 03/10)
Previous editions are obsolete.
Page 2 of 3
Use/disclosure of data on this sheet is subject
to the restrictions as stated in P&SP QM 2.1.
Export Control Marking
The following markings are applicable to technical data that is transmitted. Please note that each marking has its own restrictions on who
can receive the data, and what U.S. Government department can approve the transfer outside the U.S. (U.S. Dept. of State or U.S. Dept. of
Commerce). Exelis Systems Corporation’s technical data which need to be protected will have one of the following Export control
statements. Failure to have the markings does not release the company from any requirement for complying with export regulations:
 ITAR Statement: This information is subject to the controls of the International Traffic in Arms Regulations (ITAR). This
information shall not be provided to non-U.S. persons or transferred by any means to any location outside the United States
without advanced written permission from Exelis Systems Corporation and approval from the United States Department of
State. http://www.pmddtc.state.gov
 EAR Statement (Applies to all ECCNs including EAR99): This information is subject to the controls of the Export Administration
Regulations (EAR). This information shall not be provided to non-U.S. persons or transferred by any means to any location
outside the United States without advanced written permission from Exelis Systems Corporation and approval from the U.S.
Department of Commerce.
http://www.acess.gppo.gov.bis
 Non-Export Controlled: This information is not subject to the controls of the International Traffic in Arms Regulations (ITAR) or
the Export Administration Regulations (EAR). However, this information may be restricted from transfer to various embargoed
countries under U.S. laws and regulations.
For Further Definitions go to: www.pmddtc.state.gov/itar
Form-PU-031 (Rev. 03/10)
Previous editions are obsolete.
Page 3 of 3
Use/disclosure of data on this sheet is subject
to the restrictions as stated in P&SP QM 2.1.