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Comtech EF Data Corporation Export Compliance

As one of the leading manufacturers of digital and RF Products, including data modems, low noise amplifiers, solid state amplifiers, RF up and down converters, redundancy subsystems and complete data TX/RX terminals, for the satellite communications industry, Comtech EF Data Corporation (the Company) takes its position as market leader and corporate citizen with the utmost seriousness. Recognizing that the illegal diversion of high technology commodities and technical data to military, terrorist, or nuclear/missile/chemical weapons proliferation activities poses a serious risk to the national security of the United States, as well as other nations in which the Company does business, and since export control regulations apply to virtually every aspect of our business, the Company has and will maintain a strict export control policy.

 

Export Classification Control Number (ECCN)

Comtech EF Data products have been reviewed and classified by the U.S. Department of Commerce (DOC) and are subject to the Export Administration Regulations (EAR) administered by the Bureau of Industry and Security (BIS). http://www.bis.doc.gov/

Listing of ECCN by models can be found on the link below. If you do not find the model you are looking for or have questions, you can contact the Trade Compliance Official (TCO) listed under Questions/Contacts.
Export Compliance – Comtech Technologies Inc.
 

Destination Control Statement

Each sales order acknowledgement and commercial invoice contains the following statement:

These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. Government or as otherwise authorized by U.S. law and regulations.

 

Schedule B Numbers for Export/Harmonized Tariff System Numbers for Import

Product Schedule B HTS
Digital (Modems, Switches, etc.) and
RF Products (Converters, LNAs, Transceivers, etc.)		 8517.62.0050 8517.62.0090
Warranty Returns/Repairs 9801.10.0000 9801.10.0000

 

Customer Purchase Order Requirements

All customer purchase orders must include the following:

  • Bill to Name and Address
  • Ship to Name and Address
  • Country of Ultimate Destination
  • End User Name and Address

 

End User Statements

It is Comtech’s policy to identify the end-use, end-users and end-use destination for all Customer Purchase Orders and Returned Material Authorizations (RMAs). It is the Company’s general practice to use the U.S. Department of Commerce’s BIS-711 Form to obtain end-use and end-user information. Orders may be placed on shipment hold if one is not received.

Should an export license be required you will be contacted by our sales personnel to obtain additional information required for each licensing agency(s). Export license lead time is 6-8 weeks.

 

Restricted Party Screening

Purchase Orders are subject to Restricted Party Screening (RPS) of Customers, Contacts, Freight Forwarders, Third Party Vendors, etc. RPS is done using dynamic screening software that checks many U.S. Government regulated list such as:

  • Denied Parties – DOC (BIS)
  • Special Designated Nationals (SDN) – U.S. Department of Treasury (OFAC)
  • Entity List – DOC (BIS)
  • Unverified List – DOC (BIS)
  • Debarred List – Department of State (DOS)

Results of the screening may trigger an End User Statement request or Export Licensing requirement.

 

Export Documentation

All Exports from the USA require a Commercial Invoice. Comtech EF Data will not release shipments to freight forwarders or carriers without a Comtech EF Data commercial invoice or a Customer Supplied invoice for a drop ship request. All invoices other than CEFD will need to be reviewed and approved by the logistics department.

 

Prohibitions

Customers shall not solicit, or assist in the diversion of Company products/services destined for, or originating in, countries listed below or restricted by the export control laws of the United States, including regulations of the U.S. Department of Treasury’s Office of Foreign Asset Controls (OFAC). OFAC maintains the listing of nations under embargo or sanction of U.S. goods. CEFD products are prohibited from being shipped, direct or indirectly, to the following destinations and/or end use:

  • Cuba
  • Iran
  • North Korea
  • Sudan
  • Syria
  • Venezuela
  • Crimea Region
  • China, military end-use
  • Russia, military end-use

Please refer to the OFAC web address for additional details: http://www.ustreas.gov/offices/enforcement/ofac/programs/

 

General End Use Prohibitions

The U.S. Government places export controls on certain nations principally due to national security. In addition, the Export Administration Regulations places limits on products being used in some of the following activities:

  • Missile technology
  • Foreign military applications
  • Nuclear proliferation
  • Terrorism, etc.

Please refer to EAR Part 736 for more details at web address.
https://www.bis.doc.gov/index.php/documents/regulation-docs/413-part-736-general-prohibitions/file

 

U.S. Foreign Corrupt Practices Act (FCPA)

The FCPA is a U.S. statute that prohibits U.S. companies and their representatives from giving, paying, promising, offering, or authorizing the payment, directly or indirectly through a third party, of anything of value to any Non-U.S. “foreign official” to persuade that official to help the company obtain or keep business or to secure some other improper advantage. In connection with the performance of any Purchase Order or agreement with the CEFD purchaser and/or supplier certifies and represents that neither it, nor anyone acting on its behalf, has violated or will violate any international anti-bribery principles as embodied in the FCPA and as applicable national anti-bribery laws within which CEFD business will be conducted.

 

Violations

Comtech EF Data Export Controls Group will report any known violations to the appropriate government agencies: DOC Office of Export Enforcement (OEE), Department of Homeland Security – U.S. Customs and Border Protection (CBP), or U.S. Department of State.

 

Questions/Contacts

Comtech EF Data Export Controls Group is available for questions or concerns:

Dave Bowman – Vice President Compliance
Phone: +1.480.333.2322
Email: dbowman@comtechefdata.com

Richard Estrada – Export Coordinator
Phone: +1.480.333.2332
Email: restrada@comtechefdata.com