DOE 970.5225-1 Compliance with export control laws and regulations. Basic (Nov 2015) (Current)

As prescribed in 970.2571-3, the Contracting Officer shall insert the clause at 970.5225-1, Compliance with Export Control Laws and Regulations (Export Clause), in all solicitations and contracts.

COMPLIANCE WITH EXPORT CONTROL LAWS AND REGULATIONS (NOV 2015)

(a) The Contractor shall comply with all applicable U.S. export control laws and regulations.

(b) The Contractor's responsibility to comply with all applicable laws and regulations exists independent of, and is not established or limited by, the information provided by this clause.

(c) Nothing in the terms of this contract adds to, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive Orders, and regulations, including but not limited to—

     (1) The Atomic Energy Act of 1954, as amended;

     (2) The Arms Export Control Act (22 U.S.C. 2751 et seq.);

     (3) The Export Administration Act of 1979 (50 U.S.C. app. 2401 et seq.), as continued under the International Emergency Economic Powers Act (Title II of Pub. L. 95-223, 91 Stat. 1626, October 28, 1977; 50 U.S.C. 1701 et seq.);

     (4) Trading with the Enemy Act (50 U.S.C. App. 5(b), as amended by the Foreign Assistance Act of 1961);

     (5) Assistance to Foreign Atomic Energy Activities (10 CFR part 810);

     (6) Export and Import of Nuclear Equipment and Material (10 CFR part 110);

     (7) International Traffic in Arms Regulations (ITAR) (22 CFR parts 120 through 130);

     (8) Export Administration Regulations (EAR) (15 CFR parts 730 through 774); and

     (9) Regulations administered by the Office of Foreign Assets Control (31 CFR parts 500 through 598).

(d) In addition to the Federal laws and regulations cited above, National Security Decision Directive (NSDD) 189, National Policy on the Transfer of Scientific, Technical, and Engineering Information establishes a national policy that, to the maximum extent possible, the products of fundamental research shall remain unrestricted. NSDD 189 provides that no restrictions may be placed upon the conduct or reporting of federally funded fundamental research that has not received national security classification, except as provided in applicable U.S. statutes. As a result, contracts confined to the performance of unclassified fundamental research generally do not involve any export-controlled activities.

NSDD 189 does not take precedence over statutes. NSDD 189 does not exempt any research from statutes that apply to export controls such as the Atomic Energy Act, as amended; the Arms Export Control Act; the Export Administration Act of 1979, as amended; or the U.S. International Emergency Economic Powers Act; or the regulations that implement those statutes (e.g., the ITAR, the EAR, 10 CFR part 110 and 10 CFR part 810). Thus, if items (e.g., commodities, software or technologies) that are controlled by U.S. export control laws or regulations are used to conduct research or are generated as part of the research efforts, the export control laws and regulations apply to the controlled items.

(e) The Contractor shall include the substance of this clause, including this paragraph (e), in all solicitations and subcontracts.

(End of clause)
 

(e) The Contractor shall include the substance of this clause, including this paragraph (e), in all solicitations and subcontracts.

Mandatory;

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.225-1 Buy American—Supplies

52.225-11 Buy American—Construction Materials under Trade Agreements.

52.225-21 Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials.

52.225-23 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials under Trade Agreements.

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications.

52.225-3 Buy American—Free Trade Agreements-Israeli Trade Act.

52.225-5 Trade Agreements.

52.225-7 Waiver of Buy American Statute for Civil Aircraft and Related Articles.

52.225-8 Duty-Free Entry.

52.225-9 Buy American—Construction Materials.

52.247-36 F.a.s. Vessel, Port of Shipment.

52.247-37 F.o.b. Vessel, Port of Shipment.

52.247-38 F.o.b. Inland Carrier, Point of Exportation.

52.247-39 F.o.b. Inland Point, Country of Importation.

52.247-40 Ex Dock, Pier, or Warehouse, Port of Importation.

52.247-41 C.&F. Destination.

52.247-42 C.i.f. Destination.

52.247-43 F.o.b. Designated Air Carrier’s Terminal, Point of Exportation.

52.247-44 F.o.b. Designated Air Carrier’s Terminal, Point of Importation.

52.247-51 Evaluation of Export Offers.

52.246-26 Reporting Nonconforming Items.

252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services.

252.225-7017 Photovoltaic Devices.

252.225-7021 Trade Agreements.

252.225-7036 Buy American—Free Trade Agreements--Balance of Payments

252.225-7001 Buy American and Balance of Payments Program.

252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies.

252.225-7013 Duty-Free Entry.

252.225-7018 Photovoltaic Devices—Certificate.

252.225-7037 Evaluation of Offers for Air Circuit Breakers.

252.225-7038 Restriction on Acquisition of Air Circuit Breakers.

252.225-7044 Balance of Payments Program--Construction Material.

252.225-7045 Balance of Payments Program--Construction Material Under Trade Agreements.

252.225-7046 Exports by Approved Community Members in Response to the Solicitation.

252.225-7047 Exports by Approved Community Members in Performance of the Contract.

252.225-7048 Export-Controlled Items.

252.225-7049 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services—Representations.

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.

252.229-7001 Tax Relief.

252.229-7002 Customs Exemptions (Germany).

252.229-7004 Status of Contractor as a Direct Contractor (Spain).

252.229-7014 Taxes—Foreign Contracts in Afghanistan.

252.229-7015 Taxes—Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement).

252.245-7004 Reporting, Reutilization, and Disposal.

1852.225-70 Export Licenses.

1852.225-8 Duty-Free Entry of Space Articles.

1852.235-73 Final Scientific and Technical Reports.

1852.247-73 Bills of Lading.

5252.227-9508 QUALIFIED U.S. CONTRACTORS FOR EXPORT-CONTROLLED TECHNICAL DATA (NAVAIR)

5252.227-9507 Notice Regarding The Dissemination of Export-ControlledTechnical Data (NAVAIR) (Oct 2005)

5152.225-5914 Commodity Shipping Instructions

552.238-107 Export Traffic Release (Supplies).

552.211-87 Export Packing.

552.211-88 Vehicle Export Preparation.

552.211-89 Non-Manufactured Wood Packaging Material for Export.

652.225-71 Section 8(a) of the Export Administration Act of 1979, as Amended.

652.229-70 Excise Tax Exemption Statement for Contractors Within the United States.

652.247-71 Shipping Instructions

952.225-71 Compliance with export control laws and regulations (Export Clause)

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