Can my [company removed] ship dual-use sensors to a distributor if the buyer may re-export to a sanctioned country?
Lawyer Answers
Kht & Partners
1.In legal documents such as international sales contracts and technology licensing agreements, a dedicated clause on "Export Control and National Security Compliance" should be added. It is clearly stipulated that if the performance of the contract is prevented due to reasons not attributable to the exporter, such as national security review or changes in export control policies, the exporter has the right to delay performance or terminate the contract and be exempted from corresponding liability for breach of contract. At the same time, it is necessary to establish a review that goes far beyond the superficial display of international sanctions compliance lists, but to upgrade it to a comprehensive and wide-ranging in-depth review and always ensure export compliance.
2. Expose and investigate whether all legal entities involved in the entire transaction process, including but not limited to the buyer and the seller, their upstream and downstream partners, controlled or controlled entities, transporters, distributors, etc., are sanctioned entities in Europe, the United States, China, or other countries or regions.
3. Develop a detailed mechanism for handling consequences such as violations of sanctions measures. This part is highly professional and requires comprehensiveness, and needs to be handled based on the actual situation.
Free • Anonymous • Expert Lawyers
Need Personal Legal Help?
Connect with experienced lawyers in your area for personalized advice on your specific situation.
No obligation to hire. 100% free service.