Export Compliance

As one of the leading manufacturers of satellite-based tracking and messaging solutions using state of the art transceivers, Comtech Mobile Datacom Corporation (CMDC) is committed to full compliance with all U.S. laws and regulations that control exports and govern international business activities.

CMDC has a detailed export control policy and export compliance program to ensure that there is no illegal diversion of CMDC’s high technology commodities and technical data to military, terrorist, or nuclear/missile/chemical weapons proliferation activities through the export or re-export of CMDC’s products or technology in violation of any U.S. law. The export control policy and compliance program has the full support of CMDC’s senior management.

The Export of CMDC’s Products is Subject to Regulations Established by Both the U.S. Department of Commerce and the U.S. Department of State.

The regulations set forth by the Department of Commerce are called the Export Administration Regulations (EAR). For general information on the EAR, refer to www.bis.doc.gov. Those set forth by the Department of State are called the International Traffic in Arms Regulations (ITAR). For general information on the ITAR, refer to http://www.pmddtc.state.gov. If a product is considered a Defense Article pursuant to the US Munitions List (USML), then ITAR applies; if not, the EAR applies.

EAR Export Controls

Most of CMDC’s products are export controlled under the EAR under classifications 4A994, 5A991, 5A992, 5D991, or EAR99. Many CMDC products can be exported as NLR (no license required). However, in some circumstances, an export license from the U.S. Department of Commerce may be required. If you are unsure of the product classification, please contact CMDC’s Trade Compliance office at: CMDCTradeCompliance@comtechmobile.com.

ITAR Export Controls

A select few CMDC products are export controlled under the ITAR under Category XI of the USML. For these products, you must have an export license from the U.S. Department of State, Directorate of Defense Trade Controls, prior to exporting either the product or any technology or technical data related to the product. Some important considerations are:

If you incorporate a CMDC product that is ITAR controlled into your system, your system becomes ITAR-controlled and you are considered a manufacturer of a Defense Article.

In order to export an ITAR-controlled item, you must either use a license exemption or apply for an export license from the U.S. Department of State. In either case, you must first be registered with the U.S. State Department and have an ITAR export compliance program in place.

If you receive an ITAR-controlled item from CMDC, or receive any technical data regarding an ITAR-controlled item, you must have methods and procedures in place to prevent non-U.S. persons (including your own employees) from having access to those products and technical data. This is because providing access to an ITAR-controlled item or technical data, even while in the United States, constitutes an export.

If you have questions whether the CMDC product you are purchasing is ITAR-controlled, contact CMDC’s Trade Compliance office: CMDCTradeCompliance@comtechmobile.com
For more information on the ITAR, refer to the web site at: www.pmddtc.state.gov.

Registration Information

CMDC is registered with the U.S. Department of State’s Directorate of Defense Trade Controls under the ITAR as a manufacturer and exporter of Defense Articles. CMDC’s current registration is valid through 31 December and is renewed annually.

Prohibitions

Embargoed/Sanctioned Nations:
The U.S. Department of Treasury, Office of Foreign Assets Control (OFAC) maintains the listing of nations under embargo or sanction. Please refer to the OFAC web address http://www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx, for additional details.

CMDC products are currently prohibited from being shipped to the following countries:

  • Cuba
  • Iran
  • North Korea
  • Sudan
  • Syria

CMDC’s products or technology may not be exported to any country listed by OFAC unless specifically permitted by the U. S. government under an official export document.

Prohibited Parties Listings:
The U.S. government regularly publishes and updates lists of persons and companies that are denied access to U.S. exports. These lists are accessible through the DOC/BIS web address http://www.bis.doc.gov/, under Exporter Resources Lists to Check:

Denied Parties DOC (BIS)
Unverified List DOC (BIS)
Entity List DOC (BIS)
Special Designated Nationals (SDN) US Department of Treasury (OFAC)
Debarred List DOS
Nonproliferation Sanctions DOS

If an individual or company appears on any of these lists, CMDC will not permit any of its products or technology to be exported by or to that individual or company, unless CMDC receives U.S. government authorization for export or re-export.

Limitations/Prohibitions:

The U.S. government administers export controls on certain products to certain destinations for national security purposes. Exporters of such products may be required to obtain export licenses from the U.S. government prior to exportation. In addition, the government places limitations on the export of products that could be used in some of the following activities:

  • Missile technology
  • Foreign military applications
  • Nuclear proliferation
  • Drug trafficking
  • Terrorism

Please refer to EAR Part 736 for more details at web address http://www.bis.doc.gov/policiesandregulations/ear/736.pdf

Violations

CMDC’s Trade Compliance office will report any known violations of U.S. export control regulations to the appropriate government agencies:

  • Bureau of Industry and Security, Office of Export Enforcement (OEE)
  • Department of Homeland Security, U.S. Customs and Border Protection (CBP)
  • U.S. Department of State, Directorate of Defense Trade Controls

Customer Purchase Order Requirements

All customer purchase orders sent to CMDC 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

Customer Purchase Orders are subject to an End User Statement request for certain exports based on the following criteria:

  • New Customers
  • Export Restrictions on the Equipment (ECCN restrictions)
  • Ship to Address to a freight Forwarder or Warehouse
  • Destination to Countries with known Diversion Risk
  • Red Flag Indicators

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.

Note: All Exports from the U.S. require a commercial invoice. CMDC will not release shipments to freight forwarders or carriers without a CMDC commercial invoice or drop ship document provided by the customer.

For questions about CMDC products and the applicable export control laws and regulations, please contact CMDC’s Trade Compliance office at: CMDCTradeCompliance@comtechmobile.com