Export Control and End-Use Certification (BIS-711) — Per Transaction
The Customer (“Legal Entity”) acknowledges that items supplied by Next Level Aviation and its subsidiaries (“Seller” / “Intermediate”) may be subject to the Export Administration Regulations (EAR) and other applicable U.S. export control and sanctions laws.
The Legal Entity further certifies that the items, software, and technology supplied under this Agreement will not be used, directly or indirectly, in connection with any prohibited military end-use or by any prohibited military end-user, including as restricted under applicable export control laws and regulations relating to China, Russia, Belarus, or any other restricted jurisdiction. The Legal Entity further certifies that such items will not be used in connection with the design, development, production, stockpiling, or use of nuclear, chemical, or biological weapons, missile systems, unmanned aerial vehicle systems, or other prohibited proliferation-related activities.
The Legal Entity represents and warrants that neither it, nor any of its owners, directors, officers, employees, affiliates, agents, distributors, resellers, or representatives, is listed on, or owned or controlled by any person or entity listed on any applicable sanctions, denied party, restricted party, military end-user (“MEU”), military-intelligence end-user (“MIEU”), or similar prohibited party list maintained by the United States, the European Union, the United Kingdom, or any other applicable governmental authority. Without limitation, the Legal Entity represents that it is not identified on the U.S. Department of Commerce Bureau of Industry and Security (“BIS”) Military End User List, Entity List, Denied Persons List, Military-Intelligence End User List, or any comparable restricted-party list.
The Legal Entity shall not export, re-export, transfer, sell, supply, or otherwise make available any items, directly or indirectly, to or for the benefit of any sanctioned or restricted party, including any MEU or MIEU, or to any comprehensively sanctioned jurisdiction, including Iran, North Korea, Syria, or Cuba, or in violation of any applicable restrictions relating to Russia, Belarus, or other embargoed or restricted destinations. The Legal Entity further agrees not to engage in any transaction or activity that would cause any party to violate applicable export control, sanctions, or anti-boycott laws and regulations.
The Legal Entity is solely responsible for obtaining any required export licenses or approvals and agrees not to engage in any activity that would cause Seller to be in violation of applicable export control or sanctions laws, including circumvention through intermediaries. The Legal Entity agrees to maintain compliance, keep appropriate records, promptly notify Seller of any changes or violations, and acknowledges that these obligations survive termination of any transaction.