Trade compliance
Any (i) sales of Barco products or supply of Barco services and (ii) any and all purchases by Barco from seller of goods and services shall be subject to following trade compliance conditions.
The buyer of Barco products and services, the seller of goods and services to Barco and Barco’s business partners are subject to and responsible for compliance with the export control and economic sanctions laws of the United States, the European Union and other applicable jurisdictions (collectively, “Applicable Trade Laws”).
General. Barco products and services may only be used, sold, leased, exported, imported, re-exported, or transferred in compliance with Applicable Trade Laws including, without limitation, export licensing requirements, end user, end-use and end-destination restrictions, prohibitions on dealings with sanctioned individuals and entities.
Goods and services supplied to Barco may include raw materials and/or components, software or technical data sourced or obtained by seller. Such items, sourced by seller or any party acting under its control, and incorporated by or for seller in the goods and services supplied to Barco may require specific government authorization (the “Export Restricted Items”). Seller shall ensure that any import, export, re-export or transfer (in-country), directly or indirectly, of an Export Restricted Item is authorized under Applicable Trade Laws. Seller confirms that it is not, and that none of the persons acting under seller’s control to supply the goods and services to Barco are allowing access to an Export Restricted Item so as to enable the manufacturing of a semiconductor or supercomputer in any territory restricted by the U.S. Export Administration Regulations (EAR) administered by the U.S. Department of Commerce (currently, the People’s Republic of China).
Embargoed and restricted destinations. Barco products and services may not be exported or re-exported to: Belarus, Cuba, Iran, North Korea, Russia, Sudan, the Syrian Arab Republic and the Crimea, Donetsk, Kherson, Luhansk and Zaporizhzhia regions of Ukraine without the required government export authorization.
Export for Military Use. Exports, re-exports, and transfers of Barco products and services to military (intelligence) end-users or for military (intelligence) end-uses may be prohibited or may require a license, according to the Applicable Trade Laws, including, without limitation, the U.S. Department of Commerce regulations and the European Union sanctions map.
Suspension/termination. Barco may immediately suspend or terminate any applicable agreements (including withholding of shipment and services) at its sole discretion and without liability on the part of Barco if Barco reasonably suspects that buyer of Barco products and services or Seller of goods and service may be in breach of any Applicable Trade Laws, or in the event that Applicable Trade Laws change in a manner that Barco, in its sole discretion, renders the continued support to be impossible, impractical or potentially impermissible.