ITAR & EAR Compliance Statement

Overview

The United States export laws and regulations restrict the use of, and access to, certain sensitive or controlled technical information, materials, and technology for reasons of national security or protection of trade. The export control regulations are not new. In fact, the regulation of the export of goods and technology out of the U.S. began July 5, 1940. The first controls banned aircraft parts, scrap metal, and aircraft fuel during World War II. Cold War-era controls included weapons of war, dual-use technology, and encryption methods. Because certain fundamental and applied research has military applications, regardless of whether intended or not, military and government contractors must implement export control programs to ensure compliance because of heightened concerns about homeland security, the proliferation of weapons of mass destruction, terrorism, drug trafficking, and leaks of U.S. technology to foreign competitors.

Northwest Engineering Solutions (NWES) is committed to providing products, data, and research results to customers in a manner that is compliant with applicable export control laws and cybersecurity best-practices as specified in our Data Security Policy Statement. Export Control Regulations address the distribution of strategically important technology, services, and information to foreign nationals and foreign countries. The United States laws and regulations regarding exports restrict the use of, and access to, certain sensitive or controlled technical information, materials, and technology.

NWES has developed the following policy to ensure that all staff, vendors, and affiliates comply with Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and all other applicable export control or sanction-related regulations. This policy and any amendments or additions applies to all company activities that may result in an export control or sanctioned transaction with a person, entity, or country requiring an export license or other governmental approval.

Policy

NWES fully complies with all U.S. export control regulations, including ITAR and EAR. As a Term of Sale, NWES requires its customers to use reasonable efforts to cooperate with, and assist, NWES in the correct identification and classification of items provided by the customer which may be subject to U.S. export control regulations. If the customer cannot, or will not, make commonly reasonable efforts to assist NWES in the correct identification or classification of items relative to U.S. export control regulations, then the customer hereby indemnifies and holds harmless NWES from any resulting violation and/or penalties which may arise from the inaccurate classification of items and any resulting exports of such items which occurs.

NWES implements best practices regarding dissemination of export-controlled technical data using secure file sharing systems to customers, vendors, and staff only after verification of U.S. personhood. NWES also makes good-faith efforts to verify ITAR registration for vendors and clients who may be involved in the development of export-controlled products and technical data in compliance with ITAR part 122 (part 129 for brokers). In the event a customer requests export-controlled technical data be provided via a client-controlled file sharing system, the customer indemnifies NWES from all liability associated potential security breaches or unintended dissemination of export-controlled technical data to non-U.S. persons.

Definitions

The term "item" (as described above) includes product or hardware, technical data, software, or technology which is subject to any U.S. export regulation. "Item" does not just refer to the physical product itself. NWES will not export restricted items without documented proof of a license or agreement from the appropriate governmental authority, and will follow all terms, conditions and provisos on such license or agreement as a condition of exporting and engaging in business with its customers.

NWES shall not be liable in any way to customers or third parties for delays caused by licensing issues to the extent such licensing issues arise out of customer's failure to cooperate with and assist NWES in its efforts to accurately classify items provided by the customer or manufactured to the customer's requirements, designs and/or specifications.

For any questions or comments regarding our compliance efforts, please contact us at contact@nwengineeringllc.com or through the web form on our contact page. You may also use these methods to request compliance documentation from our manufacturing partners.

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