Export Control Compliance. The Customer and the Seller acknowledge that the Products may be subject to export control laws and regulations and sanctions regimes (the “Export Control Laws”). Export Control Laws, include without limitation the international sanctions from the United Nations Security Council, the Arms Export Control Act of 1976 (22 U.S.C. Chapter 39) and the International Traffic in Arms Regulations (22 C.F.R. §§120-130) enforced by the U.S. Department of State’s Directorate of Defense Trade Controls (“DDTC”); the Export Administration Act of 1979 (50 U.S.C. app. §§ 2401 et seq.) and the Export Administration Regulations (15 C.F.R. §§ 730 et seq.) enforced by the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”); the International Emergency Economic Powers Act (50 U.S.C. §§ 1701 et seq.) and the economic sanctions regulations (31 C.F.R. Parts 501-598) enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”); the EU Member States national laws and regulations for the control of exports of Military Items; the European Union’s regime for the control of exports of dual use items governed by the updated Council Regulation (EC) 428/2009; the European Union’s Restrictive Measures and Sanctions in Force; as well as any other applicable laws and regulations, as amended. The Customer represents and warrants that it is, and will remain, in full compliance with any and all applicable Export Control Laws. The Customer further represents and warrants that it will not divert any of the Products to or through any country or region subject to comprehensive sanctions or trade embargoes as such sanctions and embargoes are amended from time to time, including but not limited to Cuba, Crimea, Iran, North Korea and Syria. The Customer shall be responsible for screening all customers and other parties to which it may resell or deliver the Products. Additionally, the Customer shall apply for any governmental authorizations or licenses required for any contemplated sale or delivery of Products and shall not resell, retransfer, export or otherwise dispose of the Products unless and until all required governmental authorizations or licenses are obtained from the appropriate authorities. As requested, the Customer shall provide the Seller with a Non Transfer, End-User or End-Use Certificate or similar documentation duly filled in and signed. Seller shall not be liable to the Customer in the event any required authorizations or licenses are de...
Export Control Compliance. The Customer and the Seller acknowledge that the Products (including the underlying items and technologies) may be subject to export control laws and regulations (the “Export Control Laws”). Export Control Laws include, without limitation, international, regional and national applicable export control restrictions and sanctions regimes. The Customer represents and warrants that it is, and will remain, in full compliance with any and all applicable Export Control Laws. The Customer certifies, represents and warrants that the Products are not intended to be re-exported nor retransferred, nor will not be re-exported nor retransferred, except as authorized by such Export Control Laws and the following provisions. The Customer further represents and warrants that it will not divert any of the Products to or through any country or region subject to comprehensive sanctions or trade embargoes as such sanctions and embargoes are amended from time to time, including but not limited to Cuba, Iran, North Korea and Syria, Russia, Belarus, Crimea and the so-called Donetsk People’s Republic and the so-called Luhansk Peoples’ Republic, occupied territories of Ukraine. The Customer shall be responsible for screening all customers and other parties to which it may resell, provide or deliver the Products. Additionally, the Customer shall apply for any governmental authorizations or licenses required for any contemplated sale or delivery of Products and shall not resell, retransfer, export or otherwise dispose of the Products unless and until all required governmental authorizations or licenses are obtained from the appropriate authorities. The Customer applies at its own costs for theses authorizations or licenses. Whenever requested, the Customer shall provide the Seller with a “Non Transfer”, “End-User” or “End-Use Certificate” or similar document duly filled in and signed. The Customer will take all necessary measures to ensure the information included in the document are true and accurate. Seller shall not be liable in the event any required authorizations or licenses are delayed, denied, revoked, restricted or not renewed. Failure by the Customer to comply with any of the provisions set forth in this Article shall constitute a material irremediable breach and an event of default which may result in immediate termination of the Contract, without prejudice to any other right, relief or remedy available to the Seller.