Transactional Export Compliance Information

Thank you for choosing Night Vision Guys. This document is four pages long. Please read it carefully, fill and sign the attached form.

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 for products, data and services that you are purchasing. In effort to observe and strictly conform with aforementioned regulations Night Vision Guys request that you read and familiarize yourself with the following.

If you should have any questions or require additional information regarding export regulations please contact the:

We would like to thank you for your cooperation in helping us safeguard against illegal exportation of the regulated products.

Export Regulations!

Export of night vision equipment, thermal imaging systems and optical sighting equipment (including user manuals) is controlled 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 120130 and/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. Some of this equipment may require a license for export or reexport from the United States. Any export of equipment sold by Night Vision Guys LLC to a purchaser outside of the United States will be made in strict compliance with U.S. export control laws. Diversion contrary to U.S. law is prohibited.

It is the purchaser’s responsibility to request and obtain any required export licenses for the subsequent export or reexport 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 products sold by Night Vision Guys LLC to individuals or entities on the List of Debarred Parties, Denied Persons list, Specially Designated Nationals List, Entity List, Unverified List or Nonproliferation Sanctions list, as well as sales or transfers to Embargoed Countries, are strictly prohibited. It is the purchaser’s responsibility to be aware of these Lists, websites for which are attached to this form.

Lists of Prohibited Individuals, Entities and Countries

- U.S Department of Commerce Denied Persons list:
http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern/denied-persons-list

- U.S Department of Commerce Unverified list:
http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern/unverified-list

- U.S Department of Commerce Entity list:
http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern/entity-list

- U.S Department of Commerce Sanctioned Destinations List:
http://www.bis.doc.gov/index.php/policy-guidance/country-guidance/sanctioned-destinations

- Consolidated Screening List
http://export.gov/ecr/eg_main_023148.asp

- U.S Department of Treasury Specially Designated National
http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx

- U.S. Department of Treasury Sanctions Programs and Country Information:
http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx

- U.S. Department of State List of Statutorily Debarred Parties:
https://www.pmddtc.state.gov/ddtc_public?id=ddtc_kb_article_page&sys_id=7188dac6db3cd30044f9ff621f961914

- U.S. Department of State List of Administratively Debarred Parties:
https://www.pmddtc.state.gov/ddtc_public?id=ddtc_kb_article_page&sys_id=8a89528adb3cd30044f9ff621f961931

- U.S. Department of State Nonproliferation Sanctions:
http://www.state.gov/t/isn/c15231.htm

- U.S. Department of State Country Policies and Embargoes
https://www.pmddtc.state.gov/ddtc_public?id=ddtc_public_portal_country_landing

- Specially Designated Nationals List
http://www.treas.gov/offices/enforcement/ofac/sdn/

- Debarred lists:
https://www.pmddtc.state.gov/ddtc_public?id=ddtc_kb_article_page&sys_id=c22d1833dbb8d300d0a370131f9619f0

Export Compliance Acknowledgement Form.

1.I understand, acknowledge and agree that some or all of the items (commodities, technology, or software) you, the Buyer, Reseller, Sales Agent, Party Listed in “Bill To,” or Party Listed in “Ship To” of the Night Vision Guys, LLC Invoice (“Customer”), are purchasing may be regulated by the International Traffic in Arms Regulations (ITAR), and export is strictly prohibited without authorization or a license issued by the U.S. Department of State’s Directorate of Defense Trade Controls. By proceeding with a transaction to purchase any restricted item(s), the Customer identified below certifies that (i) the purchase does not require Night Vision Guys, LLC to export such items; (ii) the Customer does not intend to export such items after receipt from Night Vision Guys, LLC without the appropriate U.S. Government export authorization; (iii) the Customer does not intend to export, transfer, sell, or furnish the item 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 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, 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 government (e.g. diplomatic missions).

2.I (Customer) understand, acknowledge and agree that these items may 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) without the prior authorization of the United States Government. Export without prior authorization is a violation of the International Traffic in Arms Regulations, 22 CFR 120-130 (“ITAR”) or Export Administration Regulations, 15 CFR 730-774.

3.I (Customer) understand, acknowledge and agree that that I am responsible for compliance with any and all U.S. Government export controls and regulations and that, if I violate them, it could result in severe criminal and civil penalties (including substantial fines, imprisonment, seizure of controlled products and technical data, and/or suspension/removal of export privileges) for my company and me.

4.I (Customer) understand, acknowledge and agree that ANY diversion contrary to United States law is strictly prohibited; it is the responsibility of the undersigned, and of any entity with which I am affiliated to comply with all applicable international, national, state, regional and local laws and regulations, administrative policies including but not limited to any applicable import and use restrictions; that commodities or data may not be exported or reexported or otherwise transferred to entities and persons that are ineligible under U.S. law to receive such product, technology, and/or software.

5.I (Customer) understand, acknowledge and agree that if/when I resell or otherwise transfer these items, I will advise my customers or pass to entity of their duty to comply with U.S. export control regulations or face the possibility of severe criminal and civil fines, including imprisonment.

6.I (Customer) understand, acknowledge, agree and certify that I am purchasing the articles identified on the attached purchase/sales order for use or resale in the U.S. only and by U.S Persons or entities. If I the Customer decide to export or re-export any item after receipt from Night Vision Guys, LLC, 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.

7.I (Customer) certify that I am a U.S. Citizen, lawful permanent resident, admitted asylee or refugee - 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.

8.I (Customer) certify that the undersigned person, company, nor any employee or direct affiliate of the company is not debarred pursuant to the ITAR, or otherwise listed on the Prohibited Individuals or Prohibited Entities lists defined by the U.S Government. I understand and acknowledge that U.S. law prohibits the sale, transfer, or export of items 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 the U.S. Department of Treasury. It is the responsibility of the Customer to be aware of these lists, which can be found at the above listed U.S. Government websites. The Customer identified below certifies that it will not knowingly engage in any unauthorized transaction involving the export of Night Vision Guys, LLC products, commodities, technology, or software to any restricted parties or destinations.