COMPLIANCE AND ELIGIBILITY TO EXHIBIT

The Event Organizers have defined the following policy on matters of compliance at the event, which is based primarily on the definitions and restrictions set out in (i) EU Council Regulation (EC) No 1236/2005, (ii) The Convention on Cluster Munitions 2008, (iii) The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines 1997, (iv) U.S. Export Administration Regulations, and (v) U.S. International Traffic in Arms Regulations.
 

Export control regulations may apply to exhibits based upon both U.S. legislation and legislation from the territory of origin of the Exhibitor. Such legislation or regulations may cover the exportation of goods, the transfer of technology, the provision of technical assistance overseas and activities connected with trade in controlled goods. Exhibitors whose activities may be impacted by such legislation or regulations are required to ensure they have the necessary licenses and mechanisms in place.

 

It is solely the Exhibitors' responsibility to obtain all necessary licenses and authorities. Compliance audits will take place throughout the event, and Exhibitors who are in breach of this policy will forfeit their right to exhibit.

 

A. Compliance and Eligibility to Exhibit

All Exhibitors' equipment, services, documentation and all other forms of visual promotion and display, exhibited or proposed must be of a type, which complies with

 

1.      U.S Federal and State Law;

2.      Law in the territory of origin of the exhibitor;

3.      UN Law and UN international undertakings; and

4.      The terms and conditions contained herein.

 

These controls may encompass export from the country of origin, involvement in movements of these goods between overseas countries where the deal is made in the territory, or by a person of the territory of origin of the Exhibitor based overseas. It is important that your organization is aware of all current applicable trade controls and whether they affect your business prior to exhibiting at the event.

 

Breach of any aspect of relevant trade controls will be treated as breach of the event terms and conditions regarding Compliance and Eligibility to Exhibit.

 

Display of goods, or the related promotional material for items described below are expressly prohibited at all Clarion Defense & Security Events, regardless of the Exhibitor’s territory of origin or territory in which the event is staged (the “Prohibited Goods”). This restriction applies to all forms of promotion, including the distribution of brochures or other promotional material from your stand which features images or details of any Prohibited Goods, even if your company does not intend to market these goods at the event. The Prohibited Goods include:

 

·       Goods designed for the execution of human beings;

·       Goods banned by the EU because of evidence of their use in torture;

·       Restraints specially designed for restraining human beings;

·       Riot control or self-protection devices designed or modified to administer an electric shock;

·       Certain cluster munitions, including components; and

·       Land mines, anti-personnel mines and anti-material cartridges.

 

If any Exhibitor is caught promoting Prohibited Goods or any other prohibited or controlled goods as determined in Organizers’ sole discretion, such Exhibitor will be ejected from the event and could face enforcement action from relevant authorities. Exhibitor waives and Organizers disclaim any and all liability related to any action Organizers must take in response to Exhibitor’s failure to comply with this Section A.

 

B. Equipment, services and documentation exhibited or promoted

 

U.S. Export Administration Regulations (EAR) governs controls on the export of commercial goods, software, and technology, including “dual-use” items that can be used both for commercial and military purposes. EAR compliance requires a company to adhere to various regulations that are enforced by the Bureau of Industry and Security (BIS).

For more information, please visit the https:/www.bis.doc.gov/index.php

Contacts details for the BIS can be found at https://www.bis.doc.gov/index.php/about-bis/contact-bis

 

U.S. International Traffic in Arms Regulations (ITAR) The Department of State is responsible for the export and temporary import of defense articles and services governed by 22 U.S.C. 2778 of the Arms Export Control Act (AECA) and Executive Order 13637. That section of the AECA is implemented by the International Traffic in Arms Regulations (ITAR, 22 CFR parts 120-130). The ITAR is available from the Government Printing Office (GPO) as an annual hardcopy or e-document publication as part of the Code of Federal Regulations (CFR) and as an updated e-document. For more information, please visit https://www.pmddtc.state.gov/?id=ddtc_kb_article_page&sys_id=24d528fddbfc930044f9ff621f961987

Contact details for the Department of Defence Trade Controls can be found at https://www.pmddtc.state.gov/?id=ddtc_public_portal_contact_us

The following equipment and services are prohibited at the event, regardless of the Exhibitor’s territory of origin or territory in which the event is staged (the “Prohibited Equipment and Services”):

• Goods designed for the execution of human beings - such as gallows and guillotines, electric chairs, air-tight vaults designed for the purpose of execution by the administration of a lethal gas or substances, automatic drug injection systems designed for the purpose of executing human beings by the administration of a lethal chemical substance;
• Restraints specially designed for restraining human beings - leg-irons, gang chains, shackles and individual cuffs or shackle bracelets except those that are ‘ordinary handcuffs’ (handcuffs which have an overall dimension including chain, measured from the outer edge of one cuff to the outer edge of the other cuff, between 150 millimeters and 240 millimeters when locked and have not been modified to cause physical pain or suffering), restraint chairs unless designed for disabled persons, shackle board, thumb-cuffs and thumb-screws, including serrated thumb-cuffs, electric shock belts;

·       Portable devices designed or modified for the purpose of riot control or self-protection by the administration of an electric shock - such as electric-shock batons, electric-shock shields, stun-guns and electric-shock dart-guns - components specially designed or modified for the aforementioned;

·       Hand-held, spiked batons;

·       All cluster munitions, explosive sub munitions and explosive bomblets with the exception of those, which, comply with the provisions of the Oslo Declaration. Specifically, they must have all of the following characteristics:

each munition contains fewer than ten explosive sub-munitions;

each explosive sub-munition weighs more than four kilograms;

each explosive sub-munition is designed to detect and engage a single target object;

each explosive sub-munition is equipped with an electronic self-destruction mechanism; and

each explosive sub-munition is equipped with an electronic self-deactivating feature;

·       All other non-unitary munitions, explosive sub-munitions and explosive bomblets, together with components specifically designed for such cluster munitions, explosive sub-munitions or explosive bomblets are prohibited. This exclusion does not, however, apply to conventional munitions which are designed to dispense flares, smoke, pyrotechnics or chaff, electrical or electronic effects or which are designed exclusively for an air defense role; and

·       Anti-personnel Landmines, which are defined as a landmine which:

is designed to be detonated by the presence, proximity or contact of an individual; and

is capable of incapacitating, injuring or killing an individual.

A component of an anti-personnel mine is anything designed or adapted to form part of an anti-personnel mine. A prohibited object is an anti-personnel mine or any component of an anti-personnel mine.

 

Further Definitions:

1. Cluster munitions means conventional munitions designed to disperse or release explosive sub-munitions or bomblets.

2. Explosive sub-munitions means conventional munitions, weighing less than 20 kilograms each, which, in order to perform their task, are dispersed or released from another conventional munition and which are designed to function by detonating an explosive charge prior to, on or after impact.

3. Explosive bomblets means conventional munitions, weighing less than 20 kilograms each, which are not self-propelled and which, in order to perform their task, are specifically designed to be dispersed or released by a dispenser affixed to an aircraft, and are designed to function by detonating an explosive charge prior to, on or after impact.

4. A “self-deactivating feature” is one, which automatically renders a munition inoperable by means of the irreversible exhaustion of a component (e.g., a battery) that is essential to the operation of the munition.

5. A “self-destruction mechanism” is an incorporated, automatically functioning mechanism which is in addition to the primary initiating mechanism of a munition, and which secures the destruction of the munition into which it is incorporated.

If any Exhibitor is caught promoting Prohibited Equipment and Services, or any other prohibited or controlled goods as determined in Organizers’ sole discretion, such Exhibitor will be ejected from the event and could face enforcement action from relevant authorities. Exhibitor waives and Organizers disclaim any and all liability related to any action Organizers must take in response to Exhibitor’s failure to comply with this Section B.

The Organizers reserve the right to make the final decision concerning the eligibility of exhibits and matters of compliance.
 

 

Footnotes:

1. Compliance audits will take place before and throughout the event to ensure that equipment, services, documentation and all other forms of visual promotion and display exhibited comply with the above-mentioned undertakings.

2. Exhibitors promoting or exhibiting prohibited items, either overtly or covertly during the exhibition will be in breach of their contract with the Organizers and will forfeit their right to exhibit at the event. The Organizers will take appropriate action, which may involve the removal of equipment, documentation and/or visual promotional material from the stand into safe custody. Relevant authorities in the country where the event is staged and the country of origin of the Exhibitor will be informed by the Organizer of any breach. This may result in legal action being taken against the Exhibitor by these authorities. The stand may be closed immediately and the Exhibitor will have no claim for redress against the Organizers, nor any refund for loss of fees.

3. Exhibitors will not be permitted to exhibit if their sole or predominant aim is to import for immediate resale.

4. The Organizers reserve the right to make the final decision concerning the eligibility of exhibits and matters of compliance.

Note: services in respect of the list of prohibited equipment are also prohibited.

 

C. Prohibited Activities

Trade control legislation may affect anyone in the territory in which the event is staged regardless of nationality. Trade controls cover the trading and transacting in controlled goods between two overseas countries where the deal is made in a third country.

 

The controls are intended to impact on ‘trafficking and brokering’ type activities that facilitate the movement of controlled military or paramilitary goods including the movement of goods to countries subject to sanctions, embargos or other restrictions.

 

All Exhibitors must ensure that they have all necessary trade control licenses in place before undertaking any controlled business or activity.

 

Companies that manufacture products and technology in the U.S. with either dual (i.e., commercial and military) or solely commercial applications are subject to EAR regulations.

 

All manufacturers, exporters, temporary importers, brokers, or providers of defense articles, services, or technical data on the USML must comply with ITAR. If you are working with other companies during your handling of ITAR-controlled items, you should ensure that each company in your supply chain has policies in place to remain ITAR compliant.

 

Any Exhibitor engaging in controlled business or activity either overtly or covertly during the exhibition without all necessary trade control licenses being place will be regarded as a breach of their contract with the Organizers and will forfeit their right to exhibit at the event. The Organizers will take appropriate action, which may involve the removal of equipment, documentation and/or visual promotional material from the stand into safe custody. Relevant authorities in the territory in which the event takes place and the territory of origin of the Exhibitor will be informed of any breach, which may result in legal action being taken against the Exhibitor by these authorities. The stand may be closed immediately and the Exhibitor will have no claim for redress against the Organizers, nor any refund for loss of fees. Exhibitor waives and Organizers disclaim any and all liability related to any action Organizers must take in response to Exhibitor’s failure to comply with this Section C.

D. Dangerous exhibits, prohibited weapons, firearms & hazardous equipment

Any Exhibitor, who, by way of trade or business, manufacturers, sells, transfers, repairs, tests or proves or exposes for sale or transfer or has in his possession for sale, repair, test or proof any firearm or ammunition must first obtain relevant licenses and clearances to exhibit or display such equipment from the relevant authorities in the territory in which the event takes place. Any Exhibitor who attempts to exhibit or sell any firearm or ammunition without the appropriate certificate and authority will be liable to ejection from the event and possible prosecution from such authorities. Exhibitor waives and Organizers disclaim any and all liability related to any action Organizers must take in response to Exhibitor’s failure to comply with this Section D.

 

E. Exhibitor registration & accreditation

All personnel attending the event, including Exhibitors’ stand personnel, representatives, guests, contractors/subcontractors (stand build and services) and security personnel who will be working on stands and hospitality areas, must be pre-registered to attend the event. It is the responsibility of the Exhibitor to check the bona fides of all personnel that they register to attend the event. All Exhibitors must inform the Organizers of any private security officers or security officers from their own company who may be onsite during the event. The Exhibitor takes responsibility for the bona fides of such security officers. Security Officers employed by Exhibitors have jurisdiction on their tenancy areas only and are not permitted to carry out any duties elsewhere within the event. Information regarding Exhibitors’ security and licensing is to be provided to the Organizers on request. Security Officers and Police Officers employed by the Organizers and Organizers Security Management have primacy in all matters concerning breaches of security and have right of access to all tenancy areas.