EXPORT POLICY AND EXPORT RESTRICTIONS INFORMATION
The U.S. Department of State’s Directorate of Defense Trade Controls, the U.S. Department of Commerce’s Bureau of Industry and Security, and the U.S. Department of the Treasury’s Office of Foreign Assets Control administer export control regulations that affect some aspects of our business. We request that you (the “Customer”) read and familiarize yourself with the following regarding certain applicable export regulations.
The sale, transfer, transportation, or shipment outside of the U.S. of any product prohibited or restricted for export without complying with U.S. export control laws and regulations, including proper export licensing, documentation or authorization, is strictly prohibited and may result in civil penalties and/or constitute a federal crime. Night Vision Universe LLC will not engage in any transaction that requires the illegal export of any products and will not assist directly or indirectly with the illegal export or re-export of any products. If you should have any questions or require additional information regarding export regulations please contact me or contact the:
U.S. Department of Commerce U.S.
Bureau of Industry and Security
Office of Exporter Services
PH (202) 482-4811
Website: http://www.bis.doc.gov
Department of State
Directorate of Defense Trade Controls
Response Team
PH (202) 663-1282
Website: https://www.state.gov/
Export of night vision equipment and optical sighting equipment is controlled by the U.S. Department of State Office of Defense Trade Controls, in accordance with International Traffic in Arms (ITAR), Title 22, Code of Federal Regulations Part 120-130 and/or the Export Administration Regulations (EAR) U.S. Department of Commerce.
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, 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. It is the Resellers/End Users responsibility to request and obtain export licenses for the export of the subject items, and to ensure that the requirements of all applicable laws, regulations and administrative policies are met. Sales or transfers to entities on the List of Debarred Parties, Denied Persons list and Embargoed Countries are strictly prohibited. These lists can be found at the above US Government websites or at the following links:
Denied Persons list:
https://www.bis.doc.gov/index.php/the-denied-persons-list
Unverified list:
https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern/unverified-list
Entity list:
https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern/entity-list
Specially Designated Nationals list:
https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists
Debarred list:
https://www.pmddtc.state.gov/ddtc_public?id=ddtc_kb_article_page&sys_id=c22d1833dbb8d300d0a370131f9619f0
Nonproliferation Sanctions:
http://www.state.gov/t/isn/c15231.htm
Embargoed Countries (see part 746) and OFAC Sanctions Programs:
https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear
https://www.treasury.gov/resource-center/sanctions/Pages/default.aspx
By completing your order, you agree to the following:
- I understand that the products, technologies and services listed on the attached purchase order and made from my account with Night Vision Universe LLC are subject to one or more of the export controls laws and regulations of the U.S. Government and that they fall under the control jurisdiction of either the Department of State's International Traffic in Arms Regulations (ITAR) or the Department of Commerce's Export Administration Regulations (EAR).
- 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.
- 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 8U.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). History: 59 FR25811, May 18, 1994; 71 FR 20534, Apr. 21, 2006.
- The Customer (i) certifies that the Customer is a U.S. Person as defined by ITAR § 120.15, meaning the Customer is lawful permanent resident of the United States, as defined by 8 U.S.C. § 1101(a)(20), or is a protected individual as defined by 8 U.S.C. § 1324b(a)(3), or is a corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the United States, or is a governmental (federal, state, or local) entity.
- 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 upon conviction 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.
- I confirm that these purchased products will not be used for nuclear application or development activities, missile technology, or the research or development of chemical or biological weapons unless specifically authorized for these uses by the United States Government.
I am purchasing the articles identified in my order for use or resale in the United States only, and solely to U.S. Persons as defined under applicable U.S. export control laws.
Export control laws and regulations are complex. Any summaries of such laws and regulations provided by Night Vision Universe LLC. herein are not comprehensive and are not to be taken as legal advice or counseling.
• I understand that these items will 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).
• 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.
• If/when I resell these items, I will obtain and retain record of the sale.
• If/when I resell these items, I will inform my customers that if these items are lost, stolen or destroyed, they must report to me this fact and provide the date of the incident as well as the associated serial number of the item.
Night Vision Universe LLC will not be held responsible for unlawful export. This includes all generations of any night vision optic, thermal optic, laser optic day optic, etc.
Other Restrictions: Restrictions on the use of night vision with a weapon vary from state to state. You are strongly advised to learn these laws and adhere to them. Night Vision Universe LLC will not be held responsible for unlawful usage.
I certify that I am a “U.S. Person” as defined under ITAR §120.15 and applicable U.S. export control laws.
If you have any questions on this, please send us a message at sales@nightvisionuniverse.com or visit the link below for the full details of ITAR/EAR regulations.
U.S. State Department International Traffic in Arms Regulations
Thank you for your time in carefully reading these regulations and for your compliance.
Kindest Regards,
Night Vision Universe LLC
