Common use of Export Control Compliance Clause in Contracts

Export Control Compliance. Bakelite is subject to application of United States, EU and national export control laws. In this capacity Bakelite is prohibited from directly or indirectly exporting and/or selling products, or allowing third parties to directly or indirectly sell and/or export products, into certain embargoed countries and to certain restricted or denied customers under the export control laws of the United States, the EU and/or the UN. Prohibited transactions include any transaction in which Products are shipped to or through the embargoed countries or which involve the restricted or denied customers. Penalties for violation of these laws are severe. Buyer shall not directly or indirectly, sell or export the Products or any technical information concerning the Products to any person, entity or country which is embargoed, restricted or denied under the laws of the United States, nor sell or otherwise transfer the Products or such technical information to any Buyer under circumstances where it has knowledge or reason to believe that the Products or technical information will be sold or exported to any such embargoed, restricted or denied person, entity or country. Without limiting the generality of the foregoing, Buyer shall not directly or indirectly, sell or export the Products or any technical information concerning the Products to Cuba, Syria, Sudan, Iran, North Korea, or the Crimea region of the Ukraine, nor sell or otherwise transfer the Products or technical information to any Buyer under circumstances where it has knowledge or reason to believe that the Products or information will be sold or exported to Cuba, Syria, Sudan, Iran, North Korea, or the Crimea region of the Ukraine. Buyer shall not directly or indirectly, sell or export the Products or any technical information to a prohibited end use or end user under US export control laws, nor sell or otherwise transfer the Products or technical information to any Buyer under circumstances where it has knowledge or reason to believe that the Products or technical information will be sold to a prohibited end use or end user under US export control laws. Buyer acknowledges that Seller is a U.S. company and is subject to United States laws and regulations, and that Seller Products are subject to U.S. export controls (in addition to other country’s export controls when applicable). U.S. export controls may apply to the Product even after it is incorporated into another product that is manufactured outside of the U.S. (i.e. de minimis rule). Buyer is responsible to ensure compliance with U.S. export controls in the use of Seller Products. Seller will not participate in a transaction when it knows or has reason to know that the transaction would violate U.S. exports controls. Seller will not be obligated to proceed with and is excused from performance of any transaction when it reasonably believes that U.S. export controls would be violated in relation to the transaction.