The U.S. Department of State's Directorate of Defense Trade Controls (DDTC), the U.S. Department of Commerce's Bureau of Industry and Security (BIS), and the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), administers export control regulations that affect some products marketed and sold by Night Optics USA, Inc. a Bushnell, Inc. subsidiary (hereafter called "Night Optics"). We request that you read and familiarize yourself with the following export regulations and sign this Statement of Understanding to certify as indicated:
1. Some or all of the items you, the Buyer, Reseller, Sales Agent, Party Listed in "Bill To," or Party Listed in "Ship To" of the Night Optics Invoice ("Customer"), are purchasing ("Products") may be regulated by the International Traffic in Arms Regulations (ITAR) or Export Administration Regulations (EAR), and export is strictly prohibited without the appropriate authorization or a license issued by DDTC or BIS. By proceeding with a transaction to purchase any restricted item(s), the Customer identified below certifies that:
- (i) the purchase does not require Night Optics to export such items;
- (ii) the Customer does not intend to export such items after receipt from Night Optics. without the appropriate U.S. Government export authorization;
- (iii) the Customer does not intend to export, transfer, sell, or furnish the item or any related technology to any foreign person, whether abroad or in the United States, including any Foreign Embassy in the United States without the appropriate U.S. Government export authorization;
- (iv) the Customer understands that a foreign person under the ITAR § 120.16 means any natural person, located outside or in the United States, who is not a lawful permanent resident as defined by 8 U.S.C. § 1101(a)(20) or who is not a protected individual as defined by 8 U.S.C. § 1324b(a)(3), and can mean any foreign corporation, business association, partnership, trust, society, or any other entity or group that is not incorporated or organized to do business in the United States, as well as international organizations, foreign governments, and any agency or subdivisions of foreign governments (e.g. diplomatic missions).
2. The Customer below certifies that the Customer is a U.S. Person as defined by ITAR § 120.15, meaning the Customer is a lawful permanent resident of the United States, as defined by 8 U.S.C. § 1101(a)(20), or is a protected individual as defined by 8 U.S.C. § 1324b(a)(3), or is a corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the United States, or is a governmental (federal, state, or local) entity.
3. U.S. law prohibits the sale, transfer, or export of items or technology to certain restricted parties and destinations, as identified on lists maintained by the U.S. Department of State, the U.S. Department of Commerce, and OFAC. It is the responsibility of the Customer to be aware of these lists, which currently can be found at the U.S. Government websites listed below. U.S. law also prohibits the sale, transfer, or export of items or technology for certain end uses, such as those related to weapons of mass destruction and international terrorism. The Customer identified below certifies that it will not knowingly engage in any unauthorized transaction involving the export of Products to any restricted parties or destination, or for any prohibited end uses.
4. If the Customer decides to export or re-export any restricted Products or related technology after receipt from Night Optics, Inc., the Customer identified below acknowledges that it bears the responsibility to request and obtain all necessary licenses for the use and/or export of the subject items, and to ensure that the requirements of all applicable laws, regulations, and administrative policies are met.
5. The Customer understands that a violation of U.S. Government export controls may result in severe criminal and civil penalties
Export control laws and regulations are complex. If you should have any questions or require additional information regarding export regulations please contact the following agencies:
U.S. Department of Commerce
Bureau of Industry and Security
U.S. Department of State
International Traffic in Arms Regulations
U.S. Department of the Treasury
Office of Foreign Assets Control
Night Optics USA, Inc.
15182 Triton Lane, Suite 101
Contact Night Optics for additional information regarding Federal Export Requirements & Restrictions.