Common use of U.S. Export Control Clause in Contracts

U.S. Export Control. Seller is responsible for ensuring compliance with all export control laws and regulations that may be applicable to the export of and foreign access to its technologies. Seller agrees not to export or re-export any products, materials, items, and/or technical data, or the product(s) thereof, received from Purchaser or to Purchaser unless Seller has obtained in advance all required licenses, agreements, or other authorizations from the U.S. Government. Exports include, without limitation, the sending or taking of products, materials, items, or technical data out of the United States in any manner; disclosing or transferring technical data to a Foreign Person (i.e., any person who is not a lawful permanent resident of the United States or is not a protected individual as defined by 8 U.S.C. sections 1101 and 1324b) whether in the United States or abroad; or performing services for a foreign client, whether in the United States or abroad. By executing this order, Seller certifies that neither Seller nor any parent, subsidiary or Affiliate of Seller is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), Denied Parties List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”), the List of Statutorily Debarred Parties maintained by the U.S. State Department’s Directorate of Defense Trade Controls, and the consolidated list of asset freeze targets designated by the United Nations, European Union, and United Kingdom (collectively, “Restricted Party Lists”). Seller shall immediately notify the Purchaser if Seller, or any parent, subsidiary, or Affiliate of Seller becomes listed on any Restricted Party List or if Seller’s export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency.