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Trade Regulations
Trade Compliance Laws
You (vendors, distributors, manufactures, resellers, retailers, freight forwarders, financial institutions, and service providers) individually or collectively must comply with all applicable laws when importing, exporting, and selling items on www.dtcint.com or to Davis Trade & Commodities and our employees, including the trade control laws of the United States or other jurisdictions. These laws include, but are not limited to the U.S. sanctions laws and regulations administered by the U.S. Department of the Treasury, Office of Foreign Assets Control ("OFAC"); the International Traffic in Arms Regulations ("ITAR") administered by the U.S. Department of State, Directorate of Defense Trade Controls ("DDTC"); and the Export Administration Regulations ("EAR"), administered by the U.S. Department of Commerce, Bureau of Industry and Security ("BIS"). Depending on your location, the country of export, the country of import, the country of origin of the items, and other factors, additional laws and regulations from the United States and other jurisdictions may apply. You are responsible for determining all applicable trade control laws (including U.S. and non-U.S.), obtaining any required government authorizations, and are liable for any penalties resulting from non-compliance.
Sanctioned Countries, entities, and individuals
Export control and economic sanctions laws in the United States and a number of other countries prohibit or restrict unlicensed transactions with parties (i.e., individuals, entities, government regimes) identified as engaging in terrorism, narcotics trafficking, weapons proliferation and other activities that threaten those countries' national security, foreign policies or economies ("Denied Parties"). Various government agencies publish lists of such parties ("Denied Parties Lists"). In addition, many countries maintain trade sanctions and embargo programs against specific countries and regions ("Sanctioned Countries"), such that unauthorized transactions involving these Sanctioned Countries are prohibited or restricted.
In order to comply with these and other legal requirements, it is Davis Trade & Commodities general policy that items imported from or originating in the following countries and regions may not be sold on Davis Trade & Commodities:
- Cuba
- Iran
- North Korea
- Syria
- Sudan
- Crimea Region of Ukraine
No shipments or sales to parties in any of these countries may be conducted through Davis Trade & Commodities.
Accounts may not be opened or affiliated with a country or region that Davis Trade & Commodities does not support.
Additionally, Davis Trade & Commodities does not do business with or otherwise engage in or facilitate transactions involving individuals or entities that are subject to sanctions or other applicable trade control restrictions. This includes, but is not limited to parties listed on: the Specially Designated Nationals (SDN) and Foreign Sanctions Evaders (FSE) Lists maintained by the U.S. Department of the Treasury; the Entity List, Unverified List and Denied Persons List maintained by the U.S. Department of Commerce; the Consolidated list of persons, groups and entities subject to EU financial sanctions maintained by the European Union; the Consolidated List of Financial Sanctions Targets maintained by Her Majesty's Treasury in the United Kingdom; the Consolidated List of Names, maintained by the Canadian Office of the Superintendent of Financial Institutions. This also includes certain parties that are owned or controlled by Denied Parties.
You must ascertain and comply with any additional sanctions compliance requirements that apply to your transactions, including updates to U.S. law. Non-compliance with U.S. sanctions laws and regulations can result in significant civil and criminal monetary penalties as well as possible imprisonment, seizure of goods, and a bar from conducting business with U.S. companies.
Please see Davis Trade & Commodities’s Conditions of Use for additional information.
Defense items
Certain products (e.g., military ordnance and vehicles, certain firearm scopes, night vision goggles, body armor, and related software and technical data covered under 22 C.F.R. Part 121) are considered "defense" items subject to the jurisdiction of the U.S. Department of State and are controlled under the ITAR. Exports (as defined in the Davis Trade & Commodities Services Business Solutions Agreement and 22 C.F.R. 120.1, which include release to "foreign persons" inside or outside the United States) of all items governed by the ITAR require a license, a license exemption, or other approval from the U.S. Department of State. You are responsible for obtaining such licenses and all other applicable compliance obligations. Non-compliance with the ITAR can result in civil penalties as high as $500,000 per violation, criminal penalties up to $1,000,000 and 10 years imprisonment per violation, and/or a bar from conducting business with U.S. companies.
Dual-use items
Other items considered "dual-use" (i.e., having both a defense and commercial purpose) may be subject to the jurisdiction of the U.S. Department of Commerce and controlled under the EAR. An export license or other approval from the U.S. Department of Commerce may be required. You are responsible for obtaining such licenses and all other applicable compliance obligations. Non-compliance with the EAR can result in civil penalties as high as $250,000 per violation or twice the amount of the transaction that is the basis of the violation, criminal penalties up to $1,000,000 in fines and 20 years imprisonment per violation, and/or loss of export privileges.
Additional information on the countries subject to U.S. sanctions
- The Bureau of Political Military Affairs' DDTC is the organization within the U.S. Department of State responsible for enforcing the International Traffic in Arms Regulations (ITAR), 22 C.F.R. Parts 120-130.
BIS has the licensing authority over the export and re-export of items considered to be "dual-use." Learn more about items controlled under the EAR.
Export Controls
Important: If you supply products for sale on www.dtcint.com or to Davis Trade & Commodities and our employees, you must comply with all federal, state, and local laws and Davis Trade & Commodities policies applicable to those products and product listings.
Items subject to International and Export Trade Regulations
International Traffic in Arms Regulations
Some jurisdictions restrict the export, import, or sale of these products. For instance, some weapons are deemed to be “defense articles” that are regulated by the U.S. Department of State under the International Traffic in Arms Regulations (“ITAR”). All items governed by ITAR require a license, a license exemption, or other approval from the U.S. Department of State in order to “export” (22 C.F.R. § 120.1 et seq. defines export to include releasing or transferring “technical data” to “foreign persons,” whether inside or outside the United States, or to “US persons” located at APO/DPO/FPO addresses outside of the United States). Non-compliance with the ITAR can result in civil penalties as high as $500,000 per violation, criminal penalties up to $1,000,000 in fines, 10 years imprisonment per violation, and/or a bar from conducting business with U.S. companies.
Export Administration Regulations
Weapon products considered “dual-use” (i.e., those having both a defense and commercial purpose) may be regulated by the U.S. Department of Commerce under the Export Administration Regulations (“EAR”). An export license or other approval from the U.S. Department of Commerce may be required prior to selling these items. Non-compliance with EAR can result in civil penalties as high as $250,000 per violation or twice the amount of the transaction that is the basis of the violation, criminal penalties up to $1,000,000 per violation, 20 years imprisonment per violation, and/or loss of export privileges.