Export Compliance and Security Classifications. (a) Provider understands that certain Recipient Data may be subject to: (i) U.S. and other export control laws and regulations, or (ii) U.S. Defense Department (“DoD”) procedures such as those governing release of “Controlled” or “Uncontrolled Technical Data,” Classified or Controlled Unclassified Information or Technology, and non-Controlled Government Contract-related Information, or (as defined in any applicable regulation) to certain foreign nationals. The Parties agree not to transfer or otherwise export or re-export (and to cooperate to prevent such transfers of) any such Recipient Data except in compliance with the applicable laws and use restrictions. For Recipient Data, regulated transfers may include those made to foreign nationals in the United States or another country. The Parties will work together to create policies and procedures, regarding the access to and transferring of such materials. Provider agrees not to allow any access to any such identified Recipient Data by any personnel that Provider employs who are on the U.S. Treasury Department’s list of Specially Designated Nationals, on the U.S. Commerce Department’s Denied Persons List, Entity List or Unverified List, or who are nationals of Cuba, Iran, Sudan, or Syria, or any other countries that may be added to the list of U.S. embargoed countries from time to time. Provider agrees not to allow access by any personnel that Provider employs that are not U.S. nationals to Recipient Data identified in advance subject to DoD restrictions, ITAR, (Title 22 of the U.S. Code of Federal Regulations, Parts 120– 130, as amended,) and the EAR (Title 15 of the U.S. Code of Federal Regulations, Subtitle B, Parts 730 – 774, as amended), or similar restrictions. The Parties acknowledge that Provider is not registered as an Arms Manufacturer with the Directorate of Defense Trade Controls. Recipient agrees not to engage Provider in any activity that would require registration under ITAR regulations. Provider and Recipient shall cooperate to restrict access to any other Recipient Data to such nationals and personnel as may lawfully receive it without an export license unless and until any and all required licenses are obtained. Provider agrees to abide by U.S. law, rules and/or regulations in the performance of the Services under this Agreement or any SOW, including but not limited to, those related to exports as defined in both the ITAR and EAR.
