This Global Trade and Export Compliance Alert is being sent to you because of your commercial relationship with the Navico Group, a division of Brunswick Corporation, hereinafter, “NAVICO”. Please forward this Alert to all persons at your company whose function involve trade and exports of NAVICO products.

NAVICO is globally committed to conducting business with integrity, high ethical standards, and in compliance with applicable export and import laws and regulations. NAVICO’s ability to export its products, services, technology and technical data around the globe is a privilege that must be carefully safeguarded. In this regard, we expect the same commitment to compliance from our business partners. As a business partner of NAVICO, please be advised of your (“Buyer”) critical responsibilities regarding your export related transactions with NAVICO.

As a Navico business partner, you must report any and all claims, either actual or alleged, related to actual or potential breaches of any and all applicable trade compliance regulations either affecting you or your customers directly or indirectly.

As Navico’s Business Partner,

• Goods provided by NAVICO (“NAVICO’s Goods”) are subject to export control laws and regulations, including but not limited to US and EU export control laws.
• Buyer will not export or re-export, directly or indirectly NAVICO’s Goods to Belarus, Cuba, the Crimea/Donetsk People’s Republic (“DNR”)/Luhansk People’s Republic (“LNR”) regions of Ukraine, Iran, North Korea, the Russian Federation (or for use in the Russian Federation) , Syria, the Yuzhno-Kirinskoye Russian oil and gas field located in the Sea of Okhotsk or to any restricted/embargoed country as may be designated from time to time by the U.S. Government and/or the European Union (including but not limited to any NAVICO Goods that fall under the scope of Article 12g of Council Regulation (EU) No 833/2014), unless otherwise authorized by the U.S. Government and/or the European Union. During transit, NAVICO’s Goods will not pass through any sanctioned territories, specifically including Iran, Russia or Belarus. 
• Buyer will not use, sell, transfer, export or re-export NAVICO’s Goods for use as military equipment, that involve the development, production, use or stockpiling of nuclear, chemical, biological weapons or missiles, nor use such Goods in any facilities that are engaged in activities related to such weapons or their delivery systems (e.g., ballistic missile systems, space launch vehicles, etc.) unless upon prior written approval of NAVICO.
• NAVICO's goods are subject to US, EU and other jurisdictional law, including the restriction to sell, export, re-export or transfer NAVICO's goods to individuals or entities that are on sanction lists, including, but not limited to, those issued by the U.S Department of Treasury's , the U.S. Department of Commerce, the Council of the EU, and the UK's HM Treasury Office for Financial Sanctions.
• Buyer shall inform NAVICO of the intended end-user to the extent Buyer is aware at the moment of ordering such sale may result in an obligation for NAVICO to obtain a government authorization and/or license (including but not limited to sales to governmental agencies such as coast guard, maritime police, etc.). For the avoidance of doubt, under no circumstance can NAVICO be held liable if a required authorization or license is delayed, refused, revoked, limited, or not renewed.
  
• Buyer will not resell, retransfer, export or otherwise dispose of Goods for which a government authorization and/or license is required, unless Buyer has obtained such government authorization or license or it has been previously obtained from the competent authorities. For the avoidance of doubt, under no circumstance can NAVICO be held liable if a required authorization or license is delayed, refused, revoked, limited, or not renewed.
• Buyer shall undertake our best efforts to ensure that the purpose of this Section is not frustrated by any third parties further down the commercial chain, including by possible resellers. Buyer acknowledges and assumes responsibility for carrying out any control of Buyer’s customers or any third party likely to resell and/or deliver the Goods.
• Buyer shall immediately inform NAVICO about any problems in applying this Section, including any relevant activities by third parties that could frustrate the purpose as described above.
• Buyer, upon NAVICO’s request, shall make available to NAVICO any and all information concerning compliance with the obligations set out above and will provide any non-transfer or end-user certificate, or any similar document, duly completed and signed.
• Buyer shall be responsible for any breach of these obligations by its representatives in the broadest sense of the word (including but not limited to employees, directors, shareholders, officers, agents of the Buyer and its affiliated companies).
• Any breach of the obligations set forth in this Certification:
  • shall be considered as an act of bad faith, thus a material breach that is not subject to cure, which entitles NAVICO to terminate the Agreement immediately, effective upon notice to the Buyer;
  • shall entitle Brunswick Corporation and/or NAVICO to claim damages and seek indemnification from the Buyer;

There are two ways to report a violation:

1. NAVICO’s Helpline or Online reporting system, which allow you to report matters anonymously and confidentially.
2. By direct email to NAVICO’s Export Compliance Dept ([email protected])

Failure to comply with any export control and sanction law or regulation or to support NAVICO in its export compliance efforts may result in NAVICO taking appropriate action, including terminating our business relationship.

Please contact [email protected] if you have any questions or concerns about the above.

Global Trade and Export Compliance Alert Expired - version valid until 24 December 2024