1. POLICY All Industrial Manufacturing Pte Ltd. (“AIM”) is committed in the quest to achieve the highest standard in trade compliance by :
Cooperation with the US ,Singapore & EU Government.
Compliance with US Export Control Law.
Compliance with Singapore Import/Export Regulations.
Assurance of future compliance with the US Export Administration Regulations (EAR) & EU Article 8g & 12g Regulations
2. OVERVIEW. Products sold by All Industrial Manufacturing Pte. Ltd. (“AIM”) may be subject to the Singapore Import/Export Regulations, Export Administration Regulations of the United States (the “EAR”), or Export Administration Regulations of any government body and its amendments. These regulations impose certain restrictions on use and re-transfer of these items.
3. PROHIBITED END-USES. In order to ensure compliance with the applicable countries export control laws and regulations, Customers are advised to take note on following policies: –
3-1. Countries Export Control Laws and Regulations:
Products and/or technology purchased from All Industrial Manufacturing Pte. Ltd. (“AIM”) or any subsidiary or affiliated company are subject to the:
Singapore Regulation of Imports and Exports Act (RIEA) and its amendments.
Council Regulation (EC) No 428/2009 of the European Union and its amendments.
Export Administration Regulations of any government body and its amendments.
The default in complying with the EU Council Regulation and/or Singapore Regulation of Imports and Exports Act (RIEA) is severely sanctioned. Products and /or technologies subject to EU Council Regulation, the Export Regulation of French/German State and Singapore Regulation of Imports and Exports Act (RIEA) may require an export authorization and export license.
3-2. Export Administration Regulations (EAR) of the United States of America:
Products and/or technology purchased from All Industrial Manufacturing Pte. Ltd. (“AIM”) should not:
Be exported to Cuba, the Crimea region of Ukraine, Iran, North Korea, Sudan, Syria, or to any embargoed country as may be designated from time to time by the U.S. Government unless otherwise authorized by the U.S. Government.
Be used, sold, transferred, exported or re-exported for use in activities that involve the development, production, use or stockpiling of nuclear, chemical, biological weapons or missiles, for maritime nuclear propulsion systems, or for use in any facilities that are engaged in activities related to nuclear, chemical, biological weapons or their delivery systems (e.g., ballistic missile systems, space launch vehicles, etc.) or for any other nuclear use or facility including unsafeguarded nuclear fuel or energy facilities. Unless otherwise granted with exemption or license approved by U.S Government.
Be sold, transferred, exported or re-exported to a military end-user or military end-use in China, Russia or Venezuela. Unless otherwise granted with exemption or license approved by U.S Government.
Be sold, transferred, exported or re-exported individuals or companies listed in the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List; the U.S. Department of Treasury’s Specially Designated Nationals and Blocked Persons Lists; or the U.S. Department of State’s Debarred Persons List. Unless otherwise granted with exemption or license approved by U.S Government.
3-3 No Russia Clause / No Belarus Clause:
(1) The customer shall not sell, export or re-export, directly or indirectly, to the Russian Federation or for use in the Russian Federation any goods supplied under or in connection with this Agreement that fall under the scope of Article 12g of Council Regulation (EU) No 833/2014.
(2) The customer shall not sell, export or re-export, directly or indirectly, to the Republic of Belarus or for use in the Republic of Belarus any goods supplied under or in connection with this Agreement that fall under the scope of Article 8g of Council Regulation (EU) No 765/2006.
(3) The customer shall undertake its best efforts to ensure that the purpose of paragraphs (1) and (2) is not frustrated by any third parties further down the commercial chain, including by possible resellers.
(4) The customer shall set up and maintain an adequate monitoring mechanism to detect conduct by any third parties further down the commercial chain, including by possible resellers, that would frustrate the purpose of paragraphs (1) and (2).
(5) Any responsible violation of paragraphs (1), (2), (3) or (4) by the customer shall constitute a material breach of an essential element of this Agreement, and the All Industrial Manufacturing Pte Ltd shall be entitled to seek appropriate remedies:
i. termination of this Agreement; and
ii. a contractual penalty to be determined by the All Industrial Manufacturing Pte Ltd at its reasonable discretion and to be reviewed by the competent court in the event of a dispute, however this penalty shall not be higher than 5% of the total value of this Agreement or price of the goods exported.
(6) The customer shall immediately inform the All Industrial Manufacturing Pte Ltd about any problems in applying paragraphs (1), (2), (3) or (4), including any relevant activities by third parties that could frustrate the purpose of paragraphs (1) and (2). The Buyer shall make available to All Industrial Manufacturing Pte Ltd on any information concerning compliance with the obligations under paragraph (1), (2), (3) and (4) within two weeks of the simple request of such information.
(7) The customer shall indemnify the All Industrial Manufacturing Pte Ltd against all costs or other losses (in particular claims of third parties, fines, immaterial damages) resulting from the non-compliance of the Buyer with paragraphs 1, 2, 3, 4, 5 and 8.
4. REFERENCES.
• For more information about Singapore Import/Export regulations, you may visit : https://www.customs.gov.sg/businesses/exporting-goods/quick-guide-for-exporters
• For further information on the classification of parts subject to EAR, you can contact directly All Industrial Manufacturing Pte Ltd or visit the Bureau of Industry and Security website http://www.bis.doc.gov/index.php/regulations
• Information on export license are available on the following link: https://www.export.gov/article?id=Do-I-need-an-license
• To learn more about the European export regulation, you can visit the following websites:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:134:0001:0269:en:PDF
http://ec.europa.eu/trade/import-and-export-rules/export-from-eu/dual-use-controls/
• To learn more about amendment of the 16th March, 2015 (modifying the amendment of the 27th June, 2012) concerning exports of war materiel and related items and about the French export regulation (military use), you can visit the following websites: https://www.legifrance.gouv.fr
• To learn more about the German law: http://www.bafa.de/EN/Foreign_Trade/Export_Control/export_control_node.html
