Exporting Declaration

2022-06-24 世强

Dear business partners,


Sekorm eService Co., Ltd., a company established in accordance with the laws of the People's Republic of China, is committed to abiding by China's laws and regulations on export control in the course of relevant business and fulfilling the international commitments made by the Chinese Government, including international obligations undertaken by the Chinese Government to implement the relevant resolutions of the United Nations Security Council (UNSC). Moreover, Sekorm is also obliged to abide by the relevant laws and regulations of the export countries (including the United States) on export control as agreed herein.


You warrant that the products you order from Sekorm and its subsidiaries and branches (hereinafter referred to as "Sekorm") are not used in life support systems, human transplantation, etc., or nuclear facilities or in applications which have nuclear proliferation and are suitable for military applications or help enhance military potential, or of which improper use may result in life loss or substantial property damage. In the event of a breach of this Agreement, you warrant that Sekorm will not suffer any loss or damage therefrom.


You acknowledge that the purchase or receipt of goods, software and/or technologies from Sekorm shall conform to the relevant laws of the People's Republic of China. Moreover, you should comply with the export and re-export laws or other restrictive laws of the country where the purchased products are manufactured, the country where the products are sold and your country. Therefore, you undertake to comply with all applicable laws and regulations regarding goods, software and/or technologies, direct export and re-export, especially:


1. You acknowledge that China shall take prohibitive or restrictive measures against the transfer of controlled items from the territory of the People's Republic of China to the territory outside China and the provision of controlled articles by citizens, legal persons and unincorporated organizations of the People's Republic of China to foreign organizations and individuals in accordance with the relevant provisions of the Export Control Law of the People's Republic of China for the purpose of safeguarding national security and interests and fulfilling international obligations such as non-proliferation.


2. You acknowledge that part or all of the specific products provided by Sekorm are sourced from the United States. All manufacturers, exporters and distributors dealing in U.S.-origin national defense goods, national defense services or related technical data (as defined in the United States Munitions List (USML)) must be registered with the Directorate of Defense Trade Controls (DDTC) in accordance with 22 CFR 122 of the U.S. International Traffic in Arms Regulations ("ITAR") .


3. You acknowledge that U.S.-origin goods, software and/or technology exported from the U.S. and foreign products containing substances beyond U.S.-origin standards should be authorized for re-export from the U.S. in accordance with the U.S. Export Administration Regulations (“EAR”). If the goods purchased by you include such items and need to be re-exported, you guarantee that the exporters will obtain all required licenses (i.e. export licenses, licenses, etc.). The above includes the export licenses required by foreigners in deemed export. In addition, you acknowledge that the re-export of any U.S.-origin ITAR-controlled items, or any final foreign product containing U.S.-origin ITAR-controlled components requires a re-export license from the U.S. Directorate of Defense Trade Controls (DDTC).


4. You warrant that the ordered goods, software and/or technology shall not be directly or indirectly used, sold, or re-exported to chemical and biological weapons, nuclear projects, missiles, military nuclear weapons, as well as the design, development, and production of projects that are detrimental to the national security and interests of the People's Republic of China, or lead to non-proliferation, or are in clear violation of relevant national regulations on the purchase of the goods, unless otherwise stated by laws and regulations.


5. You warrant that the goods, software and/or technology shall not be used, sold, re-exported to the military, police or intelligence agencies, or shall not be used in any space applications which are suitable for military use or enhance military potential, especially for design, development, production or use of weapons of mass destruction, their means of delivery, etc., or in products for foreign ships or aircrafts, unless otherwise stated by laws and regulations.


6. You warrant that the goods, software and/or technology shall not be used, sold, re-exported or used in products directly or indirectly to benefit any individual or entity appearing in the relevant national restricted or prohibited list of the country to which the goods, software and/or technology are applicable, including but not limited to entities listed in the China's Control List and Part 744 of the U.S. Export Administration Regulations, individuals designated by the U.S. Government as specially designated global terrorists (SDGTs), specially designated terrorists (SDTs), foreign terrorist organizations appearing on the Specially Designated Nationals List, or other individuals or entities appearing in national government's restricted list.


7. You warrant that the goods, software and/or technology shall conform to China’s export control regulations and the relevant sales contracts with Sekorm. Such goods, software and/or technology shall neither directly or indirectly exported, re-exported or transferred or transshiped to or transported through any restricted or prohibited country in breach of any applicable embargo laws of the United Nations, the U.S., Europe, etc., on the purchased goods, software and/or technology, nor shall be transported or moved to the relevant free trade area, unless otherwise stated by laws and regulations.


8. You warrant that you, as the actual or nominal orderer, are not a foreign embassy, agency or branch subordinate to a government other than China.


9. You agree to provide an end-use/user statement (hereinafter referred to as "EUS") that conforms to relevant laws and regulations in form and content upon request by Sekorm, to demonstrate that the ordered goods, software and/or or use of technology that conforms to the above requirements. You shall guarantee the authenticity, completeness and legality of the information filled or provided by the end user statement.


10. You warrant that if you cannot meet the above requirements, or any information so provided is changed, you will submit a written statement of change to Sekorm Platform before placing an order and obtain confirmation and consent from Sekorm Platform.


This statement will continue to be valid during cooperation between both Parties and after the termination of cooperation.


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