ITAR COMPLIANCE - THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR)
EXPORT POLICY AND EXPORT RESTRICTIONS INFORMATION
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 that affect some aspects of our business. We request that you (the “Customer”) read and familiarize yourself with the following regarding certain applicable export regulations.
The sale, transfer, transportation, or shipment outside of the U.S. of any product prohibited or restricted for export without complying with U.S. export control laws and regulations, including proper export licensing, documentation or authorization, is strictly prohibited and may result in civil penalties and/or constitute a federal crime. Night Solutions LLC will not engage in any transaction that requires the illegal export of any products and will not assist directly or indirectly with the illegal export or re-export of any products. If you should have any questions or require additional information regarding export regulations please contact me or contact the:
U.S. Department of Commerce U.S.
Bureau of Industry and Security
Office of Exporter Services
PH (202) 482-4811
Department of State
Directorate of Defense Trade Controls
PH (202) 663-1282
Export of night vision equipment and optical sighting equipment is controlled by the U.S. Department of State Office of Defense Trade Controls, in accordance with International Traffic in Arms (ITAR), Title 22, Code of Federal Regulations Part 120-130 and/or the Export Administration Regulations (EAR) U.S. Department of Commerce.
It is unlawful to export, or attempt to export or otherwise transfer or sell any hardware or technical data or furnish any service to any foreign person, whether abroad or in the United States, for which a license or written approval of the U.S. Government is required, without first obtaining the required license or written approval from the Department of the U.S. Government having jurisdiction. It is the Resellers/End Users responsibility to request and obtain export licenses for the export of the subject items, and to ensure that the requirements of all applicable laws, regulations and administrative policies are met. Sales or transfers to entities on the List of Debarred Parties, Denied Persons list and Embargoed Countries are strictly prohibited. These lists can be found at the above US Government websites or at the following links:
Denied Persons list:
Specially Designated Nationals list:
Embargoed Countries (see part 746) and OFAC Sanctions Programs:
ITAR items and items marked for domestic sale only should only be used by party identified on the Night Solutions LLC Sales Order/Invoice for use or resale in the U.S. only. Such items should 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). If/when such items are resold, the original purchasing party must advise customers/end users of their duty to comply with U.S. export control regulations or face the possibility of severe criminal and civil fines including imprisonment if convicted. Furthermore if above mentioned items are resold or transferred in any way, the original purchaser must inform customers/end user(s) that if these items are lost, stolen or destroyed, they must report this fact to Night Solutions LLC and provide the date of the incident as well as the associated serial number of the item.
“U.S. Person” for this purposes is a U.S. citizen, lawful permanent resident as defined by 8 U.S.C.1101 (a) (20), protected individual as defined by 8 U.S.C. 1324b(a)(3)) and “US Company” as the company entity organized under the laws of the United States.
- Export of GEN-3 night vision equipment from the United States without a valid export permit issued by the U.S. Department of State, Office of Defense Trade Controls is strictly prohibited.
- Generation 4, autogated/filmless technology is not available for export. Diversion contrary to U.S. law is prohibited.
Other Restrictions: Restrictions on the use of night vision optics with or without a weapon vary from state to state. You are strongly advised to learn these laws and adhere to them. Night Solutions LLC will not be held responsible for unlawful usage.
By completing your order, you agree to the following:
- I understand that the products obtained from Night Solutions, LLC. are subject to the export control laws and regulations of the U.S. Government and that they fall under the jurisdiction of either the Department of State or the Department of Commerce.
- I understand that it is unlawful to export, or attempt to export or otherwise transfer or sell any hardware or technical data or furnish any service to any foreign person, whether abroad or in the United States (U.S.), for which a license or written approval of the U.S. Government is required, without first obtaining the required license or written approval from the department of the U.S. Government having jurisdiction.
- I understand that, in the ITAR (§ 120.16), a foreign person 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). It also means any foreign corporation, business association, partnership, trust, society or any other entity or group that is not incorporated or organized to do business in the U.S., as well as international organizations, foreign governments and any agency or subdivision of foreign governments (e.g., diplomatic missions).
- I understand 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).
- I understand that ANY diversion contrary to United States law is prohibited; it is the responsibility of the purchaser, and of any entity with which I am affiliated to comply with all applicable international, national, state, regional and local laws and regulations, including but not limited to any applicable import and use restrictions; that commodities or data may not be exported or re-exported or otherwise transferred to entities and persons that are ineligible under U.S. law to receive such product, technology, and/or software.
- I represent that neither I, any entity with which I am affiliated, nor any person involved in or benefiting from the export or re-export of products sold by Night Solutions, LLC are named on the Lists of Prohibited Individuals, Entities and Countries. I further understand that exports, re-exports, or transfers of any products to, or for the benefit of, individuals, entities and countries named in the lists referenced in the Lists of Prohibited Individuals, Entities and Countries are strictly prohibited.
If you have any questions on this, please send us a message or visit the link below for the full language of these regulations from the U.S. Department of State.
Night Solutions LLC will not be held responsible for unlawful export. This includes all generations of any night vision optic, thermal optic, laser optic, day optic, etc.
Thank you for your time in carefully reading these regulations and for your compliance.