Trade Compliance

Abris Distribution Inc is committed to complying with all applicable export, import, and trade compliance laws in all countries in which Abris Distribution Inc does business. It is Abris Distribution Inc policy that under no circumstances will sales or other transactions be made contrary to export regulations.

U.S. Export and Trade Compliance

Distributor/Customer/Supplier/Contractor/Reseller (“ABRIS Partner”) understands and acknowledges that any commodities, hardware, software, and/or technology/technical data (collectively, “Products”) purchased or received from ABRIS Distribution Inc. or any of its subsidiaries or affiliates (hereinafter, collectively, “ABRIS”) may be subject to U.S. export control/trade compliance laws and regulations (collectively, “U.S. Export Controls”), including but not limited to, the following:

The Export Administration Regulations (“EAR”) (15 C.F.R. Parts 730-774), which are applicable to the export, re-export and in-country transfer of commercial, dual-use and certain less sensitive military/defense-related items and which may impose requirements on re-exports and in-country transfers of the Products (or foreign-made items incorporating the Products) based on factors such as (i) the classification of the Products; (ii) the ultimate end use of the Products or (iii) the specific parties involved in the transaction.

The International Traffic in Arms Regulations (“ITAR”) (22 C.F.R. Part 120), which impose licensing requirements on exports and reexports/retransfers of military and defense-related commodities (Defense Articles), technology (Technical Data) and services (Defense Services) identified on the U.S. Munitions List (22 C.F.R. §121.1) and which prohibit the export or retransfer of Defense Articles, Technical Data or Defense Services to countries (and nationals of such countries) that are subject to U.S. or unilateral arms embargoes, as set forth in 22 C.F.R. §126.1. 

Sanctions laws and regulations administered and enforced by the U.S. Department of the Treasury, Office of Foreign Assets Control (“OFAC”), which prohibit exports, re-exports/retransfers of U.S.-origin items to and financial transactions with certain countries subject to United Nations and/or U.S. sanctions or embargoes (e.g., Iran, Sudan, Syria, Cuba, North Korea, Crimea Region of Ukraine), as well as transactions involving individuals and entities that have been identified in lists of restricted parties maintained by the U.S. Government. Details available at https://sanctionssearch.ofac.treas.gov/

ABRIS Partner understands and acknowledges that it has the sole responsibility for determining and complying with any requirements of U.S. Export Controls that may be applicable to its use and/or subsequent sale, distribution, re-export or transfer of the Products.  ABRIS Partner certifies that it will comply with all requirements of U.S. Export Controls applicable to its activities involving the Products and will not, directly or indirectly, export, re-export or retransfer any Products except as authorized under U.S. Export Controls.  In particular:

ABRIS Partner will apply for and obtain any required export, re-export or retransfer licenses, approvals or other authorizations required for its transactions under U.S. Export Controls;
ABRIS Partner will not export, transfer, re-export or otherwise release the Products to any country, person or entity that is subject to U.S. Government export or trade restrictions, as identified on lists maintained by the U.S. Government.  A consolidated list of persons and entities subject to prohibitions and restrictions under U.S. Export Controls is available at https://www.export.gov/article?id=Consolidated-Screening-List;

For Products subject to ITAR controls, ABRIS Partner will not, directly or indirectly, export or retransfer the Products to any country that is subject to a U.S. arms embargo or other restrictions, or to nationals of any such countries.  Such countries are identified in 22 C.F.R. §126.1 and on the website of the Directorate of Defense Trade Controls, U.S. Department of State at https://www.pmddtc.state.gov

ABRIS Partner certifies that it will not sell, distribute, export, reexport other otherwise transfer Products received from ABRIS to any party if ABRIS Partner knows or has reason to know that the Products will be used, directly or indirectly, in any of the following activities which involve the development, production, use or stockpiling of nuclear activities of any kind, chemical or biological weapons or missiles, unmanned aerial vehicles, or microprocessors for military use, nor use such products in any facilities which are engaged in activities relating to such weapons or applications that are subject to restrictions under U.S. Export Controls.

ABRIS Partner certifies that neither the company, its principal officers nor any of its owners (which includes any person or entity that, directly or indirectly, holds 50 percent or more of the ownership shares of the company) has been identified by the U.S. Government as subject to any trade or economic sanctions, including identification by the U.S. Department of the Treasury, Office of Foreign Assets Controls (“OFAC”) as a “Specially Designated National or Blocked Person” as set forth in the list available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx

ABRIS Partner understands and acknowledges that, in performing under this Agreement, it must comply with the requirements of the U.S. Foreign Corrupt Practices Act (“FCPA”), which prohibits any offer, payment, promise to pay, or authorization of the payment of money or anything of value to any person, while knowing that all or a portion of such money or thing of value will be offered, given or promised, directly or indirectly, to a foreign official to influence the foreign official in his or her official capacity, induce the foreign official to do or omit to do an act in violation of his or her lawful duty, or to secure any improper advantage in order to assist in obtaining or retaining business for or with, or directing business to, any person.

ABRIS refuse to participate in foreign boycotts that the United States does not sanction. The antiboycott laws prohibit or penalize any covered person, including U.S. exporters, from participating in or cooperating with foreign boycotts that are not sanctioned by the US government.

ABRIS Partner confirms that it will immediately provide written notification to ABRIS if:

The ABRIS Partner discovers, learns or is notified that it engaged in any activities that are not in compliance with the certifications made above or with the requirements of U.S. Export Controls;

The ABRIS Partner is identified on any list of sanctioned/restricted individuals or entities maintained by the U.S. Government or a multilateral/international organization;

The ABRIS Partner is charged with violations of any U.S. Export Controls by the U.S. Government or any agency thereof;

The ABRIS Partner is “debarred” or otherwise restricted by any U.S. Government agency (e,g., the subject of a policy of denial for licensing matters, subject to revocation/suspension of existing licenses, the subject of a temporary denial order).

ABRIS Partner certifies that, if it is unable to fulfill the above certifications, or if any of the information provided is changed at any time, ABRIS Partner will advise of the changes in writing before placing the order.

ABRIS Partner understands and acknowledges that the obligations described herein shall survive the expiration or termination of any agreement or contract between ABRIS and Partner, and applies to the ABRIS Partner as well as to subsidiaries and affiliates of the Partner.

INDEMNIFICATION

ABRIS Partner hereby agrees to indemnify and hold harmless ABRIS, its employees, customers, assigns, and others as to any claim asserted against ABRIS or its employees or its customers or its assigns or others alleging any liability arising out of any negligent or intentional wrongful acts of ABRIS Partner or its employees, agents, associates, or assigns that occur during the term of this Agreement.  Such liability shall include, but is not limited to, damages (including punitive damages), costs, fees, and expenses, including all costs (inclusive of legal fees and penalties) arising from investigations or proceedings by a governmental agency or entity.
 
If you have any questions regarding the ABRIS Export & Trade Compliance Program or the information contained on this page, please contact us at info@abrisdc.com