Common use of Countries/Entities Affected Clause in Contracts

Countries/Entities Affected. It is important to understand that several countries maintain lists of individuals and entities with whom it is illegal to conduct business, and more than one law can apply to an individual transaction. Additionally, several countries also implement controls on the export of ‘dual use’ items (goods, services and technologies): these are items which have commercial but also potentially military or proliferation applications, even if not obvious, for instance nuclear related software like MCNP-derivate codes and ORIGEN code. If you are a customer or an author from one of the following countries, you might be affected by these trade sanctions and export control laws: Russia, Iran, Cuba, North Korea, Democratic Republic of Congo, Sudan, Somalia, Nicaragua, Burma, Syria, Venezuela, Zimbabwe, or Belarus. Further, if you have been identified by such governments as a person or an entity involved in some of the activities noted above, you may also be affected by such laws. The exemption does not apply to, and therefore an embargo applies to, individuals or legal entities specifically identified (by either the US or the EU) as being involved in security or rights issues (‘Specially Designated Nationals’). Individuals employed by a Specially Designated National would fall under this embargo, unless the individual is acting, and e.g. submits a manuscript on its own behalf and not on behalf of the Specially Designated National. If you are an author located in a sanctioned country, and you are not a Specially Designated National, your article may be edited or published in an ASERS Publishing journal or book if: ▪ You are acting in your personal capacity, in other words ‘not as an official representative or otherwise on behalf of a sanctioned government’; or ▪ You are acting on behalf of your government institution, where the primary function of the institution is education or research; or ▪ You are publishing on behalf of your government agency, where that agency is not primarily an educational or research institution and the editor, reviewer or publisher does not provide substantive editing (i.e. substantive or artistic alteration or enhancement of the work).