Comtech PST Corporation Export Compliance


As one of the leading manufacturers of solid state power amplifiers, switches and limiters, Comtech PST Corporation (CPST) is committed to full compliance with all export control regulations administered by the U.S. Department of Commerce, the U.S. Department of State, and other U.S. regulatory agencies. CPST has implemented an export control policy and export compliance program to ensure that there is no illegal diversion of CPST's high technology commodities and technical data to military, terrorist, or nuclear/missile/chemical weapons proliferation activities through the export or re-export of CPST's products or technology in violation of any U.S. law. The export control policy and compliance program has the full support of CPST's senior management.


Export Control Statement

Each export commercial invoice issued by CPST under the Export Administration Regulations (EAR) contains the following statement:

THESE COMMODITIES, TECHNOLOGY OR SOFTWARE WERE EXPORTED FROM THE UNITED STATES IN ACCORDANCE WITH THE EXPORT ADMINISTRATION REGULATIONS. DIVERSION CONTRARY TO U.S. LAW IS PROHIBITED.

Each export commercial invoice issued by CPST under the International Traffic in Arms Regulations (ITAR) includes the Destination Control Statement in accordance with 22CFR 123.9(b):

THESE COMMODITIES ARE AUTHORIZED BY THE U.S. GOVERNMENT FOR EXPORT ONLY TO _____(country)_____ FOR USE BY __________(End User)__________. THEY MAY NOT BE TRANSFERRED, TRANSSHIPED ON A NON-CONTINUOUS VOYAGE, OR OTHERWISE BE DISPOSED OF IN ANY OTHER COUNTRY, EITHER IN THEIR ORIGINAL FORM OR AFTER BEING INCORPORATED INTO OTHER END-ITEMS, WITHOUT THE PRIOR WRITTEN APPROVAL OF THE U.S. DEPARTMENT OF STATE.


Jurisdiction

The US Department of Commerce (DOC) and US Department of State (DOS) are the principal U.S. Government organizations that review and classify CPST products. The Export Administration Regulations (EAR) are administered by the DOC's Bureau of Industry and Security (BIS). The EAR is available at http://www.bis.doc.gov/

The International Traffic In Arms Regulations (ITAR) are administered by the DOS Directorate of Defense Trade Control (DDTC). The ITAR is available at http://www.pmddtc.state.gov/

CPST will continue to review new products to ensure their proper classifications and will consult with subject matter experts, legal counsel or the U.S. Government to ensure that these product classifications are up-to-date and correct.


Export Classification Control Number (ECCN) and ITAR/USML Category

  • High Power Amplifiers of a dual use nature
    • Models that clearly are configured as standalone electronic test equipment, the classification is 3A992.a
    • Models that clearly are designed for cellular systems, the classification is ECCN 5A991.g
    • Models that clearly are configured as general purpose amplifiers, and not controlled by 3A001.b.4, the classification is EAR99
    • Models that clearly are configured as pulse amplifiers, and not controlled by 3A001.b.4, the classification is 3A999.d
    • Models that clearly are configured as telecommunications and NOT cellular, the classification is EAR99
  • Models specifically designed for a military application, the ITAR USML Category is XI(c)
  • Switches and Limiters
    • Models designated as general purpose, the appropriate classification is ECCN EAR99
    • Models specifically designed for a military application, the ITAR USML Category is XI(c)

Questions regarding the applicable ECCN or USML category for a particular CPST product may be referred to CPST's Export Control Group at exportcontrols@comtechpst.com


CPST makes no representation or warranty as to the accuracy or reliability of the above information. Any use or reliance on such classifications is at the user's own risk and without recourse to CPST. CPST is in no way responsible for any damages, whether direct, consequential, incidental, or otherwise, suffered by the user due to use or reliance on such classifications, for any purpose whatsoever.


Prohibitions

Embargoed/Sanctioned Nations:
The U.S. Department of Treasury, Office of Foreign Assets Control (OFAC) maintains the listing of nations under embargo or sanction. Please refer to the OFAC web address http://www.treas.gov/offices/eotffc/ofac/, for additional details.

CPST products are prohibited from being shipped to the following countries:

  • Cuba
  • Iran
  • North Korea
  • Sudan
  • Syria

CPST's products or technology may not be exported to any country listed by OFAC unless specifically permitted by the U. S. Government under an official export document.

Also refer to ITAR Proscribed Countries List at 22CFR 126.1 available on the DDTC website http://www.pmddtc.state.gov/.

Prohibited Parties Listings:
The U.S. government regularly publishes and updates lists of persons and companies that are denied access to U.S. exports. These lists are accessible through the DOC/BIS web address http://www.bis.doc.gov/, under Exporter Resources Lists to Check:

Denied Parties DOC (BIS)
Unverified List DOC (BIS)
Entity List DOC (BIS)
Special Designated Nationals (SDN) US Department of Treasury (OFAC)
Debarred List DOS
Nonproliferation Sanctions DOS
General Order 3 to Part 736 DOC

If an individual or company appears on any of these lists, CPST will not permit any of its products or technology to be exported by or to that individual or company, unless CPST receives U.S. government authorization for export or re-export.

Limitations/Prohibitions:
The U.S. Government administers export controls on certain products to certain destinations for national security purposes. Exporters of such products may be required to obtain export licenses from the U.S. government prior to exportation. In addition, the Government places limitations on the export of products that could be used in some of the following activities:

  • Missile technology
  • Foreign military applications
  • Nuclear proliferation
  • Drug trafficking
  • Terrorism

Please refer to EAR Part 736 for more details at web address http://www.access.gpo.gov/bis/ear/ear_data.html


Violations

CPST's Export Controls Group will report any known violations of U.S. export control regulations to the appropriate government agencies:

  • Bureau of Industry and Security, Office of Export Enforcement (OEE),
  • Department of Homeland Security, U.S. Customs and Border Protection (CBP), or
  • U.S. Department of State. Directorate of Defense Trade Controls.

Customer Purchase Order Requirements

All international customer purchase orders sent to CPST must include the following:

  • End User Name (Address if available)
  • End Use Country
  • Clear (Foreign) Ship To Address (if goods are for export)

If the purchase order is for ITAR controlled equipment a completed End User Certificate is required

Note: All Exports from the U.S. require a commercial invoice. CPST will not release shipments to freight forwarders or carriers without a CPST commercial invoice or drop ship document provided by the customer.


Questions/Contacts

CPST's Export Controls Group is available to respond to questions or concerns. Please address any correspondence or inquiries to the following Trade Compliance Office:

Trade Compliance
Phone: 631-777-8900 ext. 109
Fax: 631-777-8877
Email: exportcontrols@comtechpst.com

 
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