In furtherance of Micron’s compliance with the requirements of the United States Export Administration Regulations (“EAR”) as administered by the U.S. Department of Commerce, and the regulations of the Office of Foreign Assets Controls (“OFAC”) (31 C.F.R. 500-599) as administered by the U.S. Department of Treasury YOUR COMPANY acknowledges that the access to commodities, software and/or technology (items) that are being provided to them by Micron are subject to these regulations. By executing this Certification, YOUR COMPANY acknowledges and certifies that it will comply with the requirements described herein and accept responsibility for any subsequent transfers of the products, software, or technology (herein referred to as “Items”).
Accordingly, YOUR COMPANY hereby acknowledges and agrees to the following terms and conditions:
YOUR COMPANY will comply with applicable U.S. export control laws, regulations, and requirements.
YOUR COMPANY will not knowingly transfer, export, re-export, or divert any Micron items, directly or indirectly to any person, country, or to any foreign national or resident thereof, without first obtaining, if so required, all export licenses, authorizations and/or approvals from the U.S. Department of Commerce or other appropriate U.S. governmental agencies.
YOUR COMPANY will not export, re-exports and or transfer directly or indirectly any Micron products, software, or technology to sanctioned entities and individuals who are prohibited from receiving U.S. Items and certain other Items or services.
YOUR COMPANY will not export, re-exports and or transfer directly or indirectly any Micron products, software, or technology to these countries: the Crimea Region (including the Donetsk People’s Republic (DNR) and Luhansk People’s Republic (LNR regions), Russia, Belarus, Cuba, Iran, North Korea, and Syria. All sales, exports, re-exports and transfers directly or indirectly to these countries involving Micron Items are prohibited.
YOUR COMPANY will not knowingly engage in activity related to the development, production, use, or maintenance of Weapons of Mass Destruction, as defined by the U.S. Department of Commerce, including without limitation, uses related to nuclear, missile, chemical or biological warfare. Nor will we knowingly transfer, export, or re-export directly or indirectly to any party engaged in such activity.
YOUR COMPANY will not engage in, or knowingly sell to any party engaged in activity related to the development, production, use, or maintenance of any safeguarded or unsafeguarded nuclear fuel facility or components for such facilities as follows: a. Facilities for the chemical processing of irradiated special nuclear or source material; b. Facilities for the production of heavy water; c. Facilities for the separation of isotopes of source and special nuclear material; or d. Facilities for the fabrication of nuclear reactor fuel containing plutonium.
YOUR COMPANY certifies it is not a military entity or end-user and will not transfer, export, re-export, or divert any Micron items, for the production or support of military end uses or for military end users. For purposes of this Agreement, a “military end use” means (i) incorporation of an item into a military item or (ii) any item that supports or contributes to the operation, installation, maintenance, repair, overhaul, refurbishing, development, or production, of military items. A “military end user” is (i) a national armed service (army, navy, marine, air force, coast guard, national guard, or national police); (ii) a government intelligence or reconnaissance organization; or (iii) any person or entity whose actions or functions are intended to support “military end uses.”
YOUR COMPANY certifies will not transfer, export, re-export, or divert any Micron items, for the development, production, use, or maintenance of integrated circuits (ICs) at a semiconductor fabrication facility located in China or Hong Kong. These restrictions also prohibit the use of Micron products, technology and/or services for supercomputing.
By signing this Certification and Agreement, you certify on behalf of YOUR COMPANY not to export, re-export, or transfer Micron Items in violation of any applicable export control laws or regulations, including the laws of the United States. YOUR COMPANY further certifies that it will promptly correct or supplement this Certification if Company is no longer able to make these representations or learns that information changed.
By clicking Accept, you hereby acknowledge and certify your company’s acceptance and agreement hereto and represents that you have full legal authority to bind Company hereto.
