Policy Summary


This Policy outlines BidAllies' commitment to complying with U.S. export control laws and regulations while maintaining our dedication to providing high-quality refurbished electronic products. BidAllies supports an open and ethical business environment, ensuring that all transactions adhere to relevant legal standards.

U.S. export control laws regulate the conditions under which certain information, technologies, and commodities can be exported overseas or to foreign nationals within the U.S. BidAllies is dedicated to full compliance with these laws in all our business activities.

The Policy provides a general framework for the Export Control Compliance Program at BidAllies. Each department within BidAllies is responsible for managing its own Export Control Compliance efforts. This Policy and the Export Control Compliance Program are designed to ensure that all BidAllies employees and partners understand and comply with U.S. export control laws and regulations.

This Policy applies to all activities undertaken by BidAllies. Export control violations can lead to severe civil and criminal penalties, including substantial fines and imprisonment for individuals involved.

By adhering to this Policy, BidAllies ensures the integrity of its operations and supports the lawful and ethical distribution of our products worldwide.


Jurisdiction and Compliance

The Company acknowledges that it is not organized under the laws of, located in, or operating in Syria, Iran, Cuba, North Korea, Venezuela, Russia, Belarus, or the Crimea, Donetsk, or Luhansk regions of Ukraine. The Company agrees to comply with all applicable U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and Office of Foreign Assets Control (OFAC) sanctions programs.

Sanctions and Restricted Parties

The Company certifies that it is not owned or controlled, directly or indirectly, by any government, entity, or resident of the aforementioned jurisdictions, or by any individual or entity listed on U.S. sanctions or export control restricted party lists, such as the U.S. Treasury Department's List of Specially Designated Nationals and Blocked Persons (SDN List), the Sectoral Sanctions Identification List (SSI List), or the U.S. Commerce Department’s Entity List, Denied Persons List, Unverified List, or Military End User (MEU) List.

Government Interaction and End-Use

The Company will not transact or interact with government entities, public officials, intermediaries, employees, or any representatives acting on behalf of a government in connection with providing goods or services for BidAllies. The Company certifies that neither it nor any of its officers, owners, or employees are linked to public officials or government authorities, and that the Company has never been owned or controlled by any foreign government agency or state-owned enterprise.

Investigations and Penalties

The Company declares that its principals, shareholders, directors, officers, employees, or board members have never been, and are not currently, investigated, arrested, fined, or penalized by any regulatory authority for compliance or regulatory violations, nor have they been found to have derogatory or negative items in background checks or financial stability screenings.

Military End-User and End-Use Restrictions

If the Company is based in Burma, China, Hong Kong, Russia, Belarus, Venezuela, or Iraq, it certifies that it is not a “military end user,” which includes national armed services, police departments, government intelligence organizations, entities engaged in military end uses, or companies owned or controlled by such entities. The Company will not use, resell, re-export, or transfer items for military end use, defined as incorporation into military items or supporting military operations.

Beneficial Ownership Reporting

The Company acknowledges its responsibility to report beneficial ownership information to the U.S. Department of the Treasury under the Beneficial Ownership Information Reporting Rule if applicable.

Export Restrictions

The Company will not export, re-export, transfer, or release items to Cuba, Iran, North Korea, Syria, the governments of these countries, entities organized under these countries’ laws, or individuals ordinarily resident in these countries. This also includes the Crimea, Donetsk, or Luhansk regions, the Venezuelan government, or entities and individuals under the OFAC “50% Rule” or listed on the US Consolidated Screening List.

Nuclear, Missile, and WMD End-Use

The Company certifies that the items will not be used in, for, or in support of nuclear activities, missile development, or the design, development, production, or use of chemical or biological weapons.

Export Destinations and Use

The Company will provide accurate information regarding the country or countries of intermediate and ultimate destination for BidAllies products. The items will not be used for any prohibited end-use involving non-U.S. vessels or aircraft under construction, or exported to Belarus, China, Hong Kong, Russia, Venezuela, or Iraq.

Accuracy and Updates

The Company agrees to promptly update BidAllies with any changes to the information provided that may affect this certification. The Company acknowledges that failure to comply with these requirements may result in immediate suspension or termination from purchasing with BidAllies.


Definitions


To facilitate understanding of this policy, the following definitions are provided. Note that definitions may vary slightly between different federal regulations. It is important to review the specific regulations applicable to each situation.

Acronyms

  • EAR: Export Administration Regulations
  • OFAC: Office of Foreign Assets Control
  • SDN List: Specially Designated Nationals and Blocked Persons List
  • SSI List: Sectoral Sanctions Identification List
  • CCL: Commerce Control List
  • MEU List: Military End User List

Export

As defined under the EAR, an export includes:

  1. Actual shipment or transmission of items out of the United States, including sending or taking an item out of the United States.
  2. Releasing or otherwise transferring technology or source code (but not object code) to a foreign person in the United States (a “deemed export”).

Foreign Person

A person who is not a U.S. person. A U.S. person includes:

  • U.S. citizens and lawful permanent residents.
  • Protected individuals such as refugees or asylees.
  • Entities incorporated to do business in the United States.
  • U.S. government entities (federal, state, or local).

Military End User

Includes:

  • National armed services, police departments, government intelligence organizations.
  • Entities engaged in military end uses, which involve the incorporation into military items or supporting military operations.
  • Companies owned or controlled by such entities.

Dual Use Items

Items that have both civilian and military applications, regulated under the EAR and listed on the Commerce Control List (CCL).

Beneficial Ownership

Information regarding individuals who own or control a company, required to be reported under the U.S. Department of the Treasury’s Beneficial Ownership Information Reporting Rule.

Deemed Export

Releasing or otherwise transferring technology or source code to a foreign person in the United States, as defined under the EAR.

Prohibited End-Use

Uses involving nuclear activities, missile development, or the design, development, production, or use of chemical or biological weapons.


Related Information


Regulations

The list below provides links and summary information on the most relevant export regulations for BidAllies.

Department of State – https://www.pmddtc.state.gov/

  • International Traffic in Arms Regulations (ITAR), 22 C.F.R. §§ 120-130: Regulates items and information inherently military in design, purpose, or use. Items referred to as "defense articles" are found on the U.S. Munitions List. Licenses are required for the export of Defense Articles and Defense Services to every country. Non-military items included on the USML, such as satellites or items incorporating a defense article, also fall under ITAR.

Department of Commerce, Bureau of Industry and Security – http://www.bis.doc.gov/

  • Export Administration Regulations (EAR), 15 C.F.R. §§ 730-774: Controls goods and information with both civilian and military uses (“Dual Use”) through the EAR. Dual Use items are listed on the Commerce Control List (CCL). BIS also controls certain military items formerly on the USML that do not provide critical military capabilities.

Department of the Treasury, Office of Foreign Assets Control (OFAC) – http://www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx

  • OFAC Sanctions Regulations, 31 C.F.R. §§ 501-598: Oversees U.S. economic sanctions and embargoes through OFAC. Enforces sanctions prohibiting the provision of anything of value to sanctioned countries, organizations, or individuals.

Department of Commerce, Census Bureau https://www.census.gov/foreign-trade/regulations/

  • Foreign Trade Regulations (FTR), 15 C.F.R. § 30: Mandates Electronic Export Information (EEI) reporting through the Automated Export System (AES) for all shipments valued over $2,500 or those requiring an export license. Some exceptions fall under Section 30.2 of the FTR.

Note: This list is not comprehensive. Persons are advised to consult with the local Export Control Officer. All links and references are as of the date this policy was issued. All regulations are subject to change; Export Control Officers should regularly review the federal agencies’ websites for updates.

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