Common use of Export Jurisdiction/Classification Clause in Contracts

Export Jurisdiction/Classification. 1. For all Products furnished by Seller to Buyer, Seller shall provide to Buyer the export classification under the export control laws and regulations of the applicable country of origin for such Products (“Local Export Classification”). If Seller is not the original equipment manufacturer for a Product Seller furnishes to Buyer, Seller shall obtain the Local Export Classification for such Product from its source of supply. 2. If any Product furnished by Seller to Buyer is subject to the ITAR (i.e., contains any ITAR-controlled content, or was produced using ITAR- controlled technical data or ITAR-controlled defense services), or “Subject to the EAR”) as defined in Part 734 of the Export Administration Regulations (i.e., is U.S.-origin, or contains more than applicable de minimis levels of controlled U.S. content as defined in 15 C.F.R. 734.4 and Supplement 2 to Part 734 of the EAR, or is the “foreign-produced direct product of U.S.-origin software or technology” as described in 15 C.F..R. 736.2(b)(3)), Seller shall provide the applicable Export Control Classification Number (“ECCN”) or ITAR categorization for such Products, except when Seller is manufacturing to Buyer’s design. If Seller is not the original equipment manufacturer, Seller shall obtain the ECCN or ITAR classification information from its source of supply. As applicable, Seller will include the ECCN or ITAR designation on its packing slips and shipping documentation and also provide the ECCN or ITAR designation to Buyer on Buyer’s request. If Seller’s Product is not subject to the ITAR or “Subject to the EAR,” Seller shall certify to Buyer that the Product is not subject to the ITAR or Subject to the EAR. Following the provision to Buyer of such certification, Seller need not include the ECCN or ITAR designation on its packing slips and shipping documentation.