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Clause

Revision

Title/Description

E101

08/22/06

Export Control Warning

E102

08/22/06

Export/Import Disclaimers

E103 04/07/06 Supplier Instructions for all Import Shipments
E104 10/11/06 Country of Origin Definition
E105 05/15/07 Instructions for DRS Canadian Import Shipments

E101 - Export Control Warning
Seller agrees to comply fully with all applicable U.S. laws and regulations as they may apply to the export of any hardware, software, defense service or technical data (collectively referred to as "Commodities") provided by, through or with the cooperation of the Seller or Buyer in the performance of this purchase contract in the U.S or abroad or under any export license or exemption. Seller agrees that it will not permit the export or re-export of Commodities, including to foreign persons or other entities, employed by or associated with, or under contract to Seller or Seller's lower-tier suppliers, without the prior written consent of L-3 Communications and without obtaining all necessary export licenses or applicable license exemptions.

Information furnished to Seller under this purchase contract may contain technical data subject to U.S. export laws and regulations. Seller is advised that such data may not be transferred, delivered or otherwise exported or re-exported to foreign persons or foreign entities without the prior written consent of L-3 Communications and without obtaining necessary export licenses or applicable license exemptions. Seller shall indemnify and hold Buyer harmless from and against any and all claims, liabilities and expenses resulting from Seller's failure to comply with the export laws and regulations of the United States.

E102 - Export/Import Disclaimers
1. Export Disclaimer: Hardware, software, defense service or technical data (collectively referred to as ("Commodities") shipped or delivered pursuant to this subcontract may be subject to U.S export laws and regulations including but not limited to the Arms Export Control Act or the Export Administration Act. It is Seller's responsibility to obtain all required export licenses and permits for shipment or transfer of any Commodities including technical data to foreign entities and foreign person whether in the U.S or abroad.

2. Import Disclaimer: Unless otherwise agreed upon under the terms of this subcontract, Seller is responsible for all licenses, taxes, duties, fees and other requirements imposed by the United States Government when deliverable Commodities or technical data are imported into the U.S. All United States Customs entries and declarations shall be in the name of the Seller and not Buyer.

3. Indemnification: Seller hereby indemnifies Buyer and agrees to hold Buyer harmless from any and all violations of import/export laws and regulations of the United States which arise or result either directly or indirectly from the acts or omissions of Seller.

E103 - Supplier Instructions for all Import Shipments

A) Designated Customs Broker
DHL Danzas is ETI preferred broker as they are familiar with our licensing procedures.   Please inform your forwarder to state DHL Danzas as our officially designated Customs broker for customs clearance on all air waybills.

DHL Danzas – Los Angeles
Tel: (310) 297-3457         Fax: (310) 643-7381
Contact: Michael Cardenas.  Email - BoeingLAX@dhl.com    Phone: (310)297-3457
Backup:  Deybis Martinez.   Email - BoeingLAX@dhl.com     Phone: (310) 297-3428

B) No Courier or Express Service
Under no circumstances should courier or express services (such as Federal Express, DHL Express or UPS) be used to handle our products.

C) Pre-alert Information Required
The following information must be sent via email to our Export/Import Compliance Office (EICO)

(i) Master Air waybill (MAWB) 
(ii)  House Air waybill  (HAWB) 
(iii) Airline
(iv) Flight Number, 
(v) Freight Forwarder, 
(vi) Departure Date, 
(vii)  Arrival Date
(viii) Origin Airport ,
(xi) Destination Airport (USE LAX ONLY) ,
(xii) Pieces,   
(xiii)Weight
         
D) Import Document Required
Please scan or attach a copy of the following documents via email or fax.                           
(i)     Commercial Invoice                      
(ii) Packing List
(iii)   House Air Waybill (HAWB)
(iv) Other pertinent documents such as TSCA, NAFTA

E) EICO Contact Information
Contact: Martha Garcia. Email – Martha.F.Garcia@L-3com.com  Phone: (310) 517-6951
Backup:  Ivy Wong. Email – Ivy.Wong@L-3com.com Phone: (310) 517-6131
General Fax number:  (310) 517-6958

F) Non Compliance 
Any non compliance to the above instructions resulting in refusal of shipments by U.S. Customs will be returned to your facility at your company’s expense including possible penalties.

E104 – Country of Origin Definition

In general, the country of origin of a good is the country in which:

  1. The good is wholly obtained or produced; or
  2. The good is produced exclusively from domestic materials; or
  3. The good last underwent a substantial transformation.   A substantial transformation is a change in name, character, or use.

More detailed information can be found on 19 Code of Federal Regulations Part 102.11.

E-105- Instructions for DRS Canadian Import Shipments

A) Designated Freight Forwarder from Canada to Los Angeles for DRS
UPS Supply Chain Solutions is our preferred freight forwarder for DRS shipments from Canada to Los Angeles. Please contact Gerald Thornton (Tel: 613-733-9650) at UPS Supply Chain Solutions, 140 Thad Johnson Road, Gloucester, Ontario K1V0R4 Canada for arrangement.

B) Designated Customs Broker for DRS Canada shipments
UPS Supply Chain Solutions is our preferred broker for DRS Canada shipments as they are familiar with our licensing procedures.

UPS Supply Chain Solutions at 1515 West 190th Street, Gardena, CA 90248

Contact: Lily Chhoeun. Email – Rchhoeun@ups-scs.com. Phone: (310)630-6317

Backup: Rose O’Loughlin. Email - Roloughlin@ups-scs.com. Phone: (310) 630-6303

C) No Courier or Express Service
Under no circumstances should courier or express services (such as Federal Express, DHL Express or UPS Express) be used to handle our products.

D) Pre-alert Information Required
The following information must be sent via email to our Export/Import Compliance Office (EICO)

(i) Master Air waybill (MAWB) (ii) House Air waybill (HAWB) (iii) Airline

(iv) Flight Number, (v) Freight Forwarder, (vi) Departure Date, (vii) Arrival Date

(viii) Origin Airport , (xi) Destination Airport (USE LAX ONLY) , (xii) Pieces, (xiii)Weight

E) Import Document Required
Please scan or attach a copy of the following documents via email or fax.

(i) Commercial Invoice (ii) Packing List

(iii) House Air Waybill (HAWB) (iv) Other pertinent documents such as TSCA, NAFTA

F) EICO Contact Information
Contact: Martha Garcia. Email – Martha.F.Garcia@L-3com.com Phone: (310) 517-6951

Backup: Ivy Wong. Email – Ivy.Wong@L-3com.com Phone: (310) 517-6131

General Fax number: (310) 517-6958

G) Non Compliance
Any non compliance to the above instructions resulting in refusal of shipments by U.S. Customs will be returned to your facility at your company’s expense including possible penalties