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Export/Import Compliance Clauses
Clause Revision Title/Description
E101 08/22/06
Export Control Warning
E102 08/22/06
Export/Import Disclaimers
E103 04/13/15 Supplier Instructions for all Import Shipments
E104 10/11/06 Country of Origin Definition
E105 02/01/14 Instructions for DRS Canadian Import Shipments
E106 03/17/15 Additional Import Instructions for SAEs Getters Returned Shipments from Italy
E107 04/10/12 Notification of ITAR Product Classification by Seller

E101 - Export Control Warning
Seller agrees to comply fully with all applicable U.S. laws and regulations as they may apply to the export of any hardware, software, defense service or technical data (collectively referred to as "Commodities") provided by, through or with the cooperation of the Seller or Buyer in the performance of this purchase contract in the U.S or abroad or under any export license or exemption. Seller agrees that it will not permit the export or re-export of Commodities, including to foreign persons or other entities, employed by or associated with, or under contract to Seller or Seller's lower-tier suppliers, without the prior written consent of L3 Communications and without obtaining all necessary export licenses or applicable license exemptions.

Information furnished to Seller under this purchase contract may contain technical data subject to U.S. export laws and regulations. Seller is advised that such data may not be transferred, delivered or otherwise exported or re-exported to foreign persons or foreign entities without the prior written consent of L3 Communications and without obtaining necessary export licenses or applicable license exemptions. Seller shall indemnify and hold Buyer harmless from and against any and all claims, liabilities and expenses resulting from Seller's failure to comply with the export laws and regulations of the United States.

E102 - Export/Import Disclaimers
1. Export Disclaimer: Hardware, software, defense service or technical data (collectively referred to as ("Commodities") shipped or delivered pursuant to this subcontract may be subject to U.S export laws and regulations including but not limited to the Arms Export Control Act or the Export Administration Act. It is Seller's responsibility to obtain all required export licenses and permits for shipment or transfer of any Commodities including technical data to foreign entities and foreign person whether in the U.S or abroad.

2. Import Disclaimer: Unless otherwise agreed upon under the terms of this subcontract, Seller is responsible for all licenses, taxes, duties, fees and other requirements imposed by the United States Government when deliverable Commodities or technical data are imported into the U.S. All United States Customs entries and declarations shall be in the name of the Seller and not Buyer.

3. Indemnification: Seller hereby indemnifies Buyer and agrees to hold Buyer harmless from any and all violations of import/export laws and regulations of the United States which arise or result either directly or indirectly from the acts or omissions of Seller.

E103 - Supplier Instructions for all Import Shipments

A) Designated Customs Broker-
UPS-Supply Chain Solutions is EDD’s preferred broker/freight forwarder as they are familiar with our licensing procedures. Please inform your forwarder to indicate UPS- Supply Chain Solutions as our officially designated Customs broker for clearance on all air waybills.

Main POC: Latishia Harrison, Email: latishiaharrison@ups.com, Phone: 803-502-6824
Backup: Kelvin Jenkins, Email: kjenkins@ups.com, Phone: 803-502-6958
Pre-alert distribution, Email – upsusl3communications@ups.com

Additional backups:
Lashunda Patterson, Supervisor Email:  lashundapatterson@ups.com, Phone: 803-502-6936
Catina Broadwater, Manager Email: catinabroadwater@ups.com, Phone: 803-502-6718

B) Pre-alert Information Required
The following information must be sent via email to our Export/Import Compliance Office (EICO)
 (i)    Description and Part Number of Articles
(ii)    Master Air waybill (MAWB)
(iii)   House Air waybill (HAWB)
(iv)   Airline
(v)    Flight Number
(vi)   Freight Forwarder
(vii)  Departure Date
(viii) Arrival Date
(xi)   Origin Airport
(xii)  Destination Airport (USE LAX ONLY),
(xiii) Pieces

(xiv) Weight
        
C) Import Document Required
Please scan or send the following documents via email/fax to EICO                           
(i)    Commercial Invoice                     
(ii)    Packing List
(iii)   House Air Waybill (HAWB)
(iv)   Other pertinent documents such as TSCA, NAFTA

D) Export/Import Compliance Office Contact Information:
    Vince Lopez (Export Officer) - Vince.S.Lopez@L3T.com   Phone: (310) 517-7568
    Deborah Reed (Export Compliance) - Deborah.L.Reed@L3T.com  Phone: (310) 517-6613
    General Fax number: (310) 517-6958

E104 – Country of Origin Definition

In general, the country of origin of a good is the country in which:

1.  The good is wholly obtained or produced; or
2.  The good is produced exclusively from domestic materials; or
3.  The good last underwent a substantial transformation. A substantial transformation
     is a change in name, character, or use.

More detailed information can be found on 19 Code of Federal Regulations Part 102.11.

E105 - Instructions for DRS Canadian Import Shipments

A) Designated Freight Forwarder from Canada to Los Angeles for DRS
UPS Supply Chain Solutions is our preferred freight forwarder for DRS shipments from Canada to Los Angeles. Please contact Francois Fontaine (Tel: 514-285-1500, X-6017 or 1-800-361-1867) at UPS Customer Service/International Pricing, ffontaine@ups.com, include distribution to: UPSYUL-CS@UPS.COM, YUL-ODQ-AIR@ups.com.

E106 - Additional Import Instructions for SAES Getters Returns Shipments from Italy

In addition to following the above instructions found in E103 (A, B and D). SAEs Getters, USA shall prepare and provide the Declaration for Repaired/Altered Commodities and Import Invoice before returning any products from Italy.

A)  Declaration for Repaired/Altered Commodities by SAEs Italy
SAEs Italy shall fill out and sign the Declaration for Repaired/Altered Commodities.  Information must include but not limited to:

  • Description of Articles or of Repairs or Alterations;
  • Full cost or Fair Market Value of Repairs or Alterations; and
  • Total Value of Articles after Enhancement.

B)  Import Invoice
The import invoice for altered products must include the following:

  • Description and part number of products;
  • Indicate that these products are being returned to the U.S.;
  • Indicate the original exported value, advanced in value and total invoice value;
  • List Mawb , Hawb and flight details of the original export; and
  • Indicate State Department License Number.

E107 - Notification of ITAR Product Classification by Seller

Seller, including manufacturer or distributor, agrees to notify the L3 EDD procurement department immediately if any  hardware, software, defense service or technical data (collectively referred to as “Commodities”) which you are providing to L3 EDD is or becomes classified  under the International Traffic in Arms Regulations (“ITAR”).  

Seller shall  indemnify and hold Buyer harmless from and against any and all claims, liabilities and expenses resulting from Seller’s  incorrect notification or failure to notify EDD as to the appropriate  ITAR classification.