Armasight Export Policy

The U.S. Department of State’s Directorate of Defense Trade Controls, the U.S. Department of Commerce’s Bureau of Industry and Security, and the U.S. Department of the Treasury’s Office of Foreign Assets Control administer export control regulations that affect some aspects of our business. We request that you (the “Customer”) read and familiarize yourself with the following regarding certain applicable export regulations.

The sale, transfer, transportation, or shipment outside of the U.S. of any product prohibited or restricted for export without complying with U.S. export control laws and regulations, including proper export licensing, documentation or authorization, is strictly prohibited and may result in civil penalties and/or constitute a federal crime. Armasight Inc. will not engage in any transaction that requires the illegal export of any products and will not assist directly or indirectly with the illegal export or re-export of any products. If you should have any questions or require additional information regarding export regulations please contact our knowledgeable and experienced staff or contact the:

U.S. Department of Commerce U.S.
Bureau of Industry and Security
Office of Exporter Services
PH (202) 482-4811
Website: http://www.bis.doc.gov

Department of State
Directorate of Defense Trade Controls
Response Team
PH (202) 663-1282
Website: http://www.pmddtc.state.gov

We thank you for your cooperation in helping us safeguard against illegal exportation of Armasight products.

Export of night vision equipment and optical sighting equipment (including user manuals) is controlled either by the U.S. Department of State, Directorate of Defense Trade Controls, in accordance with the International Traffic in Arms Regulations (ITAR), Title 22, and Code of Federal Regulations Part 120-130 or the U.S. Department of Commerce, Bureau of Industry and Security, in accordance with the Export Administration Regulations (EAR), Title 15, Code of Federal Regulations Part 730-774.

Some of this equipment may require a license for export or re-export from the United States. Any export of equipment by Armasight to a purchaser outside of the United States will be made in strict compliance with U.S. export control laws.

It is the purchaser’s responsibility to request and obtain any required export licenses for the subsequent export or re-export of the subject items, and to ensure that the requirements of all applicable laws, regulations and administrative policies are met. In addition, subsequent transfers of any Armasight products to individuals or entities on the List of Debarred Parties, Denied Persons List, Specially Designated Nationals List, Entity List, or Nonproliferation Sanctions List (collectively “Restricted Parties Lists”), as well as sales or transfers to Embargoed Countries, are strictly prohibited. It is the purchaser’s responsibility to verify whether any subsequent transferee is on any such Restricted Parties Lists, websites for which are set forth below.

• Denied Persons list
• Entity List
• Specially Designated Nationals List
• Debarred Parties List
• Nonproliferation Sanctions List
• Embargoed Countries and Destinations (see EAR part 746) and OFAC Sanctions Programs (http://www.treasury.gov/resource-center/sanctions/Pages/default.aspx)

ITAR items and items marked for domestic sale only (i.e. certain Gen2 night vision, Gen 3 Night Vision, “FLAG” night vision, “fast” refresh rate thermal imaging equipment and certain Optical Sighting Equipment) should only be used by party identified on the Armasight sales order/Invoice for use or resale in the U.S. only. Such items should not be exported, provided to foreign persons in the U.S. (including Foreign Embassies in the U.S.A.), or sold domestically for export by a third party (including U.S. Government agencies). If/when such items are resold, the original purchasing party must advise customers/end users of their duty to comply with U.S. export control regulations or face the possibility of severe criminal and civil fines including imprisonment if convicted. Furthermore if above mentioned items are resold or transferred in any way, the original purchaser must inform customers/end user(s) that if these items are lost, stolen or destroyed, they must report to me this fact to Armasight Inc. and provide the date of the incident as well as the associated serial number of the item.

“U.S. Person” for this purposes is a U.S. citizen, lawful permanent resident as defined by 8 U.S.C.1101 (a) (20), protected individual as defined by 8 U.S.C. 1324b(a)(3)) and “US Company” as the company entity organized under the laws of the United States.

Diversion contrary to U.S. law is strictly prohibited.

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A key in determining whether an export license is needed from the Department of Commerce is finding out if the item you intend to export has a specific Export Control Classification Number (ECCN). ECCNs are five character alpha-numeric designations used on the Commerce Control List (CCL) to identify dual-use items for export control purposes. An ECCN categorizes items based on the nature of the product, i.e. type of commodity, software, or technology and its respective technical parameters.

An ECCN is different from a Schedule B number, which is used by the Bureau of Census to collect trade statistics. It is also different from the Harmonized Tariff System Nomenclature, which is used to determine import duties.

All ECCNs are listed in the Commerce Control List (CCL) (Supplement No. 1 to Part 774 of the EAR), which is divided into ten broad categories, and each category is further subdivided into five product groups. The first character of the ECCN identifies the broader category to which it belongs and the second character identifies the product group (see example and boxes below).

If your item falls under the jurisdiction of the U.S. Department of Commerce and is not listed on the CCL, it is designated as EAR99. The majority of commercial products are designated EAR99 and generally will not require a license to be exported or reexported. However, if you plan to export an EAR99 item to an embargoed or sanctioned country, to a party of concern, or in support of a prohibited end-use, you may be required to obtain a license.

To obtain further assistance regarding the ECCN of your product, see our or review the “How to Request an ECCN” brochure.