Export Control Regulations for EAR Series 515 Components

Extract

[...] Clause of Regulatory Compliance of the Buyer This clause imposes on the buyer the obligation to comply with the laws and regulations on exports and allows for direct engagement of his responsibility in case of non-compliance. Proposal: « The buyer acknowledges that he must respect all applicable export control regulations and is responsible for the consequences of any breach of these rules. The buyer's liability may be directly engaged in case of non-compliance, based on international conformity requirements, in order to protect DASTIC against potential sanctions. [...]

[...] New Zealand (state client) Applicable texts - Regulation 2021/821 : New Zealand is classified as a safe partner country under European regulations, facilitating the exchange of civil-use technologies. - French Regulation : The transfer of dual-use goods to a partner country such as New Zealand is possible with a standard export licence issued by the DGE (Article L 2335-1 of the Defence Code). - US EAR : New Zealand is part of the countries "Friendly Nations"" (15 CFR 740) for the USA, benefiting from preferential treatment. [...]

[...] Clause of General Compliance with Export Regulations 2. Clause of Non-Reexportation and Non-Disclosure 3. Audit and Compliance Follow-up Clause 4. Enhanced Confidentiality Clause B. Clauses for Export Sales Contracts 1. End-User Clause 2. Non-Transfer and Non-Reexport Clause 3. Buyer's Regulatory Compliance Clause 4. Control and Notification Clause Bonus Questions A. Precautions necessary with regard to export control 1. Verification of the destination and launch partners 2. Licences and necessary authorizations for launch 3. [...]

[...] Obligations for working with subsidiaries in Germany and Italy 1. European Regulation on Export Control 2. Licences and authorisations to obtain in France for production 3. Regulations in Germany and Italy 4. Specific obligations related to American components B. Obligations for working with the Russian subcontractor 1. European and French regulations on sanctions against Russia 2. Additional obligations related to the United States C. Licences and necessary permits for production 1. French licenses 2. American licenses (DSP-83 and others) 3. [...]

[...] Recommendations for DASTIC Taking into account the export constraints added by EAR series 515, DASTIC should evaluate the cost-benefit ratio before integrating a controlled component under this series. If the performance of the replacement component brings a significant improvement at a constant cost, the choice can be justified. However, if the replacement involves too high management and compliance costs, it might be more judicious to maintain the initial component or to seek a European alternative that would simplify compliance procedures. [...]