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Export Control & Compliance
Air Power, Inc. is committed to conducting its operations in full compliance with all applicable United States laws, regulations, and government policies. Air Power, Inc. will not sell or transfer any goods, services, technology, or other items to any entity in contravention of U.S. laws and regulations, including export control laws.
Download Air Power's End User Form | Download the US Government BIS-711 Statement by Ultimate Consignee & Purchaser
A list of countries that Air Power, Inc. will not ship to include certain prohibited, highly sanctioned, or designated "high risk" countries. To inquiry about shipping to a restricted country, please contact our office and we will discuss your needs in more detail and assist with an export license as needed. A list of countries that Air Power, Inc. will not ship to includes, but is not limited to, Afghanistan, Belarus, Burundi, Central African Republic, Democratic Republic of the Congo, Cote D'Ivoire, Cuba, Cyprus, Eritrea, Ghana, Guinea, Guinea-Bissau, Iran, Iraq, Nicaragua, North Korea, Kyrgyzstan, Lebanon, Liberia, Libya, Mali, Myanmar, Nigeria, Palestinian Territories, Russia, Sierra Leone, Somalia, Sudan, South Sudan, Syria, Tunisia, Ukraine, Venezuela, Yemen, & Zimbabwe. Additionally, Air Power, Inc. will not work with foreign militaries.
New, International customers will be screened through the United States government's Combined Screening List. Should an individual or company appear on a sanctioned list, Air Power will cease any business operations with a company or individual.
COMPLIANCE WITH LAWS
Buyer acknowledges all transactions will be trasacted under EXW (Incoterms 2020) Supplier's U.S. facilities. Buyer shall comply with all statutes, laws, ordinances, regulations, rules and orders enacted or adopted by any federal, state, local, municipal or other authority or governmental body which may pertain to the conduct of such party's business and its obligations hereunder. Buyer shall obtain and pay for all permits, fees, and licenses required to perform its respective obligations hereunder.
Buyer shall comply with all applicable import and export control laws and reulations, including, without limitation, the United States Export Administration Regulation (EAR), the United States International Traffic in Arms Regulations (ITAR), the United States Office of Foreign Assets Control Regulations, the United States Foreign Trade Regulations, European Union and country-specifc import and export regulations including EU and/or country specific snctions regimes, and other applicable laws and regulations, and will retain documentation evidencing such compliance. Buyer shall obtain in advance import and re-export approvals, licenses, and permits as required for Products, transfers, services, and technical data delivered and shall retain documentation evidencing compliance with those laws and regulations. Furthermore, Buyer agrees to not sell, loan, trade, or transfer, any product obtained from Air Power, Inc. to any individual or entity that participates in any illegal activity. Air Power will turn over any records of a transaction upon request from a US Government entity. Buyer agress to indemnify and hold Air Power, Inc. harmless from any fines, penalties, or other liability imposed by any government agency arising from any failure of Buyer to compny with such laws and regulations.
Air Power, Inc. will not be liable to Buyer for any failure to provide products as a result of government aactions that impact Air Power's ability to perform, including, but not limited to, any govenmental failure to provide, or the cancellation of, export or re-export licenses, any subsequent interpretation of applicable import, transfer, export or re-export law or regulation after the date of any purchase order or commitment that has a material adverse effect on Air Power, Inc.'s perfromance, or delays due ot Buyer's failure to follow applicable import, export, transfer, or re-export laws and regulations or to assist Air Power, Inc. in acquiring same. Buyer shall not be relieved of its payment obligations if any of the above events occur.
If Buyer designates or uses a freight forwarder for export shipments from the United States of America, then, unless otherwise instructed or notified by Air Power, Inc., Buyer's freight forwarder will export on Buyer's behalf and Buyer shall be responsible for any failure of Buyers's freight forwarder to comply with all applicable export requirements. Buyer shall instruct their US agent to provide Air Power, Inc. a copy, upon request, of the AES transaction and airway bill.
Buyer agrees to use the Products it purchases from Air Power, Inc. only according to the Product's intended use as specified by the Product's manufacturer. Air Power, Inc. may terminate/withdraw from any transaction with immediate effect, when Air Power, Inc. management, employees, or third parties suspect any non-compliance with Air Power's policies or respective laws.
END USER CERTIFICATION
By placing this order, Buyer ("Company") acknowledges that all goods, services, software, and technical data received from Air Power (collectively “Items”) from the date of signature going forward are subject to Applicable Export Controls, and certifies and represents that:
- The Items will not be used in connection with weapons proliferation, including but not limited to: chemical, biological, or nuclear weapons or items capable of delivering such weapons; nuclear end uses; rocket systems; unmanned aerial vehicles; satellite usage; missiles or missile-related applications; or military applications, end uses, or end users unless the required authorization(s) are first obtained from the relevant government agency(ies) as required by Applicable Export Controls;
- The Company will not, without authorization from the U.S. Commerce Department’s Bureau of Industry and Security, export, re-export or otherwise transfer Items subject to the U.S. Export Administration Regulations (“EAR”) to Afghanistan, Belarus, Burundi, Central African Republic, Democratic Republic of the Congo, Cote D'Ivoire, Cuba, Cyprus, Eritrea, Ghana, Guinea, Guinea-Bissau, Iran, Iraq, Nicaragua, North Korea, Kyrgyzstan, Lebanon, Liberia, Libya, Mali, Myanmar, Nigeria, Palestinian Territories, Russia, Sierra Leone, Somalia, Sudan, South Sudan, Syria, Tunisia, Ukraine, Venezuela, Yemen, & Zimbabwe., or to the governments of those countries or regions;
- The Company and its transferee(s) and end user(s) are not prohibited by Applicable Export Controls and are not named on: the U.S. Commerce Department’s Denied Persons List, the U.S. Treasury Department’s Specially Designated Nationals and Blocked Persons List (and are not owned 50 percent or more individually or in the aggregate by one or more named entities), or the U.S. Department of State’s Debarred List
- The Company and its transferee(s) and any end user(s) are not named on any of the following lists to the extent being named on such list would prohibit the Company, its transferee(s), or end user(s) from receiving the Items or from engaging in any activity in connection with the transaction: the U.S. Commerce Department’s Entity List or Unverified List, the U.S. Treasury Department’s Sectoral Sanctions Identification List (and are not owned 50 percent or more individually or in the aggregate by one or more named entities), or the U.S. Department of State’s CAATSA Section 231(d) List;
- The Company and its transferee(s) and end user(s) are not debarred, suspended, prohibited, restricted, or otherwise impaired by Applicable Export Controls from exporting, re-exporting, receiving, purchasing, procuring, or otherwise obtaining the Items;
- The Company will ensure that the Items are not used for any military end use or by any military end users in China, Russia, or Venezuela in contravention of Section 744.21 of the EAR where military end use includes, but is not limited to, incorporation of items into a military item described on the U.S. Munitions List and military end user includes, but is not limited to, the national armed services (army, navy, marine, air force, or coast guard), as well as the national guard and national police, government intelligence or reconnaissance organizations;
- The Company agrees and will ensure that the Company will not use, export, re-export, or otherwise transfer any Items, directly or indirectly, in a manner contrary to Applicable Export Controls to which the Items are subject; and
Furthermore, the Company acknowledges that Air Power may decline transactions that Air Power deems to present unacceptable export compliance risk if the Company declines to provide the requested information.
RESOURCES FOR EXPORT INFORMATION
United States Government - Consolidated Screening List (CSL)