Trade Compliance

Trade Compliance

The following exemplar reflects the imbalance of risk between a service provider and a service user regarding liability arising from non-compliance with applicable trade laws, with the risk being associated with and defined by the use of the service in question and the party(ies) using the service. Such important details regarding use and users are not always known or sought to be known by the service provider, therefore, as the following exemplar demonstrates, the risk of non-compliance with applicable trade laws is borne by the user or customer:

Exemplar C77-1

In connection with this Agreement, each party will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that apply to a U.S. company, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control. Without limiting the foregoing, Customer is solely responsible for compliance with applicable laws related to the manner in which Customer chooses to use the Services. Furthermore, Customer represents that Customer and the entities that own or control Customer, and the financial institutions used to pay Service Provider under this Agreement, are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the U.S. Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list, and the U.S. Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.