Undertaking on Compliance Laws on Embargo and Trade Restrictions
We hereby undertake the following:
We undertake to strictly comply with all applicable Laws on international law, acknowledges and
agrees that the Products that it is dealing with FVC is of U.S. origin for U.S. export control purposes and subject to the U.S. Export Administration Regulation. Diversion of the Products contrary to U.S. Laws and regulations is prohibited which is more fully decried on their website.
We have briefed our employees and sales Personnel not to sell products, solutions or services in any form whatsoever to any of the embargo companies as motioned in the U.S. Export Administration Regulations (“EAR”) or parties identified on the U.S. Department of Commerce’s “Table of Denial Orders” or on the U.S. Department of Treasury’s lists such countries identified in Supplement No. 1 to Part 740 of the U.S. Export Administration Regulations, as amended from time to time. We also specifically confirm to FVC to addressee the U.S. Department of Commerce regulations relating to restrictive trade practices or boycotts.
All Sales personnel of are notified to comply with all such laws and regulations applicable to the Technical Data and to brief all Distributors, that, unless prior written authorization is received from the U.S.Department of Commerce, it shall not knowingly export or re-export, directly or indirectly, any Products, Technical Data (or part thereof), or any process or service which is the direct product of the Technical Data, to (i) any person, entity, organization or other party identified on the U.S. Department of Commerce’s “Table of Denial Orders” or on the U.S. Department of Treasury’s lists of “Specially Designated Nationals and Blocked Persons,” as those lists are published and revised from time to time; or (ii) any U.N.-, U.S- or EU-sanctioned or embargoed country, or to nationals or residents of such countries (unless authorized by law or regulation), currently including the following countries: Cuba, Iran, Libya, North Korea, Sudan and Syria.
Unless prior written authorization is received by the Manufacturer from the U.S. Department of Commerce, the sales force or any employee of FVC Inc shall not transfer, export or re-export, directly or indirectly, any Technical Data (or part thereof), or any process or service which is the direct product of the Technical Data received under License Exception TSR to any of the following nations or nationals thereof: Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Iran, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Macau, Moldova, Mongolia, North Korea, People’s Republic of China, Romania, Russia, Sudan, Syria, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, Vietnam or any other country designated by the U.S. Department of Commerce. (Revised from time to time).
We and our employees will not transfer, export or re-export, without Government’s permission, any Product, any Technical Data that (i) is destined for any missile technology project, or (ii) will be used in the design, development, production or use of missiles, or (iii) will be used in the design development, production, stockpiling or use of chemical or biological weapons, if any such activities are located in any controlled countries or to the nationals of such countries identified in Supplement No. 1 to Part 740 of the U.S. Export Administration Regulations, as amended from time to time.
We and our employees acknowledge that specific Government approval is required prior to transfer, export or re-export of Product or Technical Data if Distributor knows or has reason to know that such Technical Data will be used by nuclear end-users or for nuclear end-use in any country except in the following listed countries: Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Turkey, United Kingdom and the United States.
We agree not to use or transfer the Products for any use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the U.S. Government by regulation or specific written license.
We acknowledge and accept that FVC assumes no responsibility or liability for any failure on the part of our Company to obtain any necessary export approvals. We confirm that neither the U.S. Bureau of Industry and Security nor any other governmental agency has issued sanctions against our Company or otherwise suspended, revoked or denied us export privileges any time.
The failure by our Company to enforce any provision of this Under Taking will not implicate FVC in any manner whatsoever, and FVC shall have the right to claim all and or any losses accruing out of or arising out of such noncompliance, and it shall be deemed that our Company is a defaulter as per this undertaking, and FVC Shall have no obligations to perform for all or any of the agreement or Purchase orders executed by FVC earlier in good faith and belief.
For Our Company.
** The term “Our Company” refers to the Partner or End User.