Comtech Corporation Export & FCPA Compliance
As one of the leading manufacturers of RF Products, including RF and Microwave solid-state high-power amplifiers, high power solid state switches, and limiters, we serve a variety of domestic and international high technology markets including defense, wireless and satellite (EMI/EMC) communications, cellular instrumentation, electromagnetic compatibility testing, and medical testing systems. Comtech Corporation (the Company, “Comtech”) 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.
Accordingly, some Comtech products may not be exported to a foreign national, a foreign corporation or a foreign government without first obtaining a license from the U.S. Department of State or the U.S. Department of Commerce. Where a license must be obtained, Comtech will apply for the license after receiving all required documentation from the customer.
Comtech standard 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). The EAR can be reviewed at the following web address: http://www.bis.doc.gov/
Comtech non-standard products may be subject to either the EAR or the International Traffic in Arms Regulations (ITAR). The ITAR can be reviewed at the following web address: http://www.pmddtc.state.gov/
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.
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
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
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.
All Exports from the USA require a Commercial Invoice. Comtech will not release shipments to freight forwarders or carriers without a Comtech commercial invoice or a Customer Supplied invoice for a drop ship request. All invoices other than Comtech's will need to be reviewed and approved by the logistics department.
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. Comtech products are prohibited from being shipped, direct or indirectly, to the following destinations and/or end use:
- North Korea
- Crimea Region
- China, military end-use
- Russia, military end-use
Please refer to the OFAC web address for additional details:
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:
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 Comtech 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 Comtech business will be conducted.
Comtech 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 or concerns may be addressed to: CCTExport-FCPACompliance@Comtechtel.com