Customs and Export Controls Clause Samples
The "Customs and Export Controls" clause sets out the parties' obligations to comply with all applicable laws and regulations governing the import, export, and transfer of goods, technology, or services. It typically requires both parties to ensure that their activities do not violate export restrictions, embargoes, or customs requirements, and may involve obtaining necessary licenses or permits before shipping products across borders. This clause is essential for preventing legal violations related to international trade and helps allocate responsibility for compliance, thereby reducing the risk of penalties or shipment delays.
Customs and Export Controls. 33.1 For Products imported into the United States and Mexico, Seller will comply with all applicable recommendations or requirements of the United States Bureau of Customs and Border Protection’s (“U.S. Customs”), including but not limited to the Customs-Trade Partnership Against Terrorism ("C-TPAT") initiative (for information go to ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/ and find the link to the C-TPAT section). At Buyer’s or U.S. Customs’ request, Seller will certify in writing its compliance with C-TPAT and with all other applicable U.S. Customs laws and regulations. In regions not eligible for C-TPAT certification, Seller will participate in the relevant country’s Mutual Recognition Agreement (“MRA”) Security Program and/or C-TPAT Foreign Manufacturer Minimum Security Criteria. Seller will provide both Buyer and U.S. Customs access to Seller’s facilities for the purpose of auditing Seller’s compliance with the foregoing. If the Products are transported via ocean carrier into the United States, Seller must also comply with U.S. Customs’ Importer Security Filing (“ISF”) and provide the necessary data to the freight forwarder selected by ▇▇▇▇▇ who will act as ▇▇▇▇▇’s agent for filing of the ISF. Seller will cause all data required for the ISF to be in the freight forwarder’s possession not later than seventy-two (72) hours before the Products are loaded onto the ocean carrier or such earlier time as the freight forwarder may require. Any delays by the Seller in providing data required for ISF filing which result in a Liquidated Damage penalty from U.S. Customs will be reimbursed from the Seller to the Buyer upon payment to U.S. Customs. Without limiting the foregoing, Supplier will comply with all chemical import requirements under the U.S. Toxic Substances Control Act (TSCA).
33.2 For Products imported into Canada, Seller will comply with all applicable recommendations or requirements of the Canada Border Service Agency (“CBSA”), including the laws, regulations, and other requirements of the Agency’s initiative Partner’s in Protection (for information go to ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇.▇▇/customs/general/enforement/partners/m enu-e.html). At Buyer’s or CBSA’s request, Seller will certify in writing its compliance with the above.
33.3 Seller will comply with all applicable laws and regulations relating to the export and import of the Products under the Purchase Order. Seller will obtain all export licenses or authorizations necessary for the export of Products, unless otherwise se...
Customs and Export Controls. (a) The Company and each of its Subsidiaries is, and during the last six years has been, in compliance in all material respects with all applicable Laws governing or concerning (i) the exportation and importation of products, goods, parts, accessories, technology, and services and all other regulations and procedures administered by U.S. Customs and Border Protection of the U.S. Department of Homeland Security, the Bureau of Industry and Security of the U.S. Department of Commerce; the Directorate of Defense Trade Controls of the U.S. Department of State, and the Office of Foreign Assets Control of the U.S. Department of the Treasury and the United States Food and Drug Administration; (ii) the obtaining of all necessary permits and licenses from the applicable Governmental Entity with respect to import and export transactions; (iii) the maintenance of records with respect to import and export transactions and claims (including drawback claims); (iv) the payment in full of all customs duties, Taxes, fees and charges applicable to and due with respect to all import transactions; including any countervailing or antidumping duties and (v) the transacting of business with any country or person that is subject to a United States embargo or trade restriction administered by any Governmental Entity described in (a)(i) above.
(b) No products, goods, parts, or accessories imported by the Company or any of its Subsidiaries during the last six years are or have been subject to any countervailing or antidumping duty investigation, order, notice, or other proceeding by the U.S. Department of Commerce or the U.S. International Trade Commission.
Customs and Export Controls. 18.1 Credits and Refunds. Transferable credits or benefits associated with or arising from goods purchased under this Contract, including trade credits, export credits or rights to the refund of duties, taxes or fees belong to Buyer. Seller will, at its expense, provide all information necessary (including written documentation and electronic transaction records in Buyer approved formats) to permit Buyer to receive these benefits, credits, or rights. Seller will furthermore, at its expense, provide Buyer with all information, documentation, and electronic transaction records relating to the goods necessary for Buyer to fulfill any customs -related obligations, origin marking or labeling requirements and certification or local content reporting requirements, to enable Buyer to claim preferential duty treatment for goods eligible under applicable trade preference regimes, and to make all arrangements that are necessary for the goods to be covered by any duty deferral or free trade zone program(s) of the country of import. Seller will, at its expense, provide Buyer or Buyer’s nominated service provider with export documentation to enable the goods to be exported, and obtain all export licenses or authorizations necessary for the export of the goods unless otherwise indicated in this Contract, in which event Seller will provide all information as may be necessary to enable Buyer to obtain such licensees or authorization(s).
Customs and Export Controls. Section 3.22 Accounts Receivable Section 3.23 Inventory
Customs and Export Controls. Seller will obtain all export licenses or authorizations necessary for the export of the goods unless otherwise indicated in this Contract, in which event Seller will provide all information as may be necessary to enable Buyer to obtain such licensees or authorization(s). Seller will make all arrangements that are necessary for the goods to be covered by any duty deferral or free trade zone program(s) of the country of import.
Customs and Export Controls. The ▇▇▇▇ Wrap Business is and at all times in the last five years has been in compliance in all material respects with all applicable laws and regulations governing or concerning (i) the exportation and importation of products, goods, parts, accessories, technology, and services; (ii) the obtaining of all necessary permits and licenses from the applicable governmental authorities with respect to import and export transactions; (iii) the maintenance of records with respect to import and export transactions and claims (including drawback claims); (iv) the payment in full of all customs duties, taxes, fees and charges applicable to and due with respect to all import transactions; including any countervailing or antidumping duties, and (v) the transacting of business with any country or person that is subject to a United States embargo or trade restriction administered by any governmental agency. To the Knowledge of Sellers, no products, goods, parts, or accessories imported by the ▇▇▇▇ Wrap Business in the last five years are or have been subject to any countervailing or antidumping duty investigation, order, notice, or other proceeding by the U.S. Department of Commerce or the U.S. International Trade Commission.
Customs and Export Controls. (a) The Company is and at all times since the Reference Date has been in compliance in all material respects with all applicable Laws governing or concerning (i) the exportation and importation of products, goods, parts, accessories, technology, and services and all other regulations and procedures administered by U.S. Customs and Border Protection of the U.S. Department of Homeland Security, the Bureau of Industry and Security of the U.S. Department of Commerce; the Directorate of Defense Trade Controls of the U.S. Department of State, and the Office of Foreign Assets Control of the U.S. Department of the Treasury; (ii) the obtaining of all necessary permits and licenses from the applicable Governmental Entity with respect to import and export transactions; (iii) the maintenance of records with respect to import and export transactions and claims (including drawback claims); (iv) the payment in full of all customs duties, Taxes, fees and charges applicable to and due with respect to all import transactions; including any countervailing or antidumping duties and (v) the transacting of business with any country or person that is subject to a United States embargo or trade restriction administered by any Governmental Entity described in (a)(i) above.
(b) No products, goods, parts, or accessories imported by the Company since the Reference Date are or have been subject to any countervailing or antidumping duty investigation, order, notice, or other proceeding by the U.S. Department of Commerce or the U.S. International Trade Commission.
Customs and Export Controls