Export Control Clause

Export Control Clause for Sales Contracts (No-Russia-Clause)

(1) The Buyer/Importer shall comply with the applicable provisions of national and international (re-)export control law, including any embargoes, sanctions or other restrictions on the movement of goods, when passing on any goods supplied under or in connection with this Agreement to third parties. In any case, the Buyer/Importer must comply with the (re-)export control regulations of the Federal Republic of Germany and the European Union. In particular, the Buyer/Importer shall not sell, export or re-export, directly or indirectly, to the Russian Federation or for use in the Russian Federation any goods (incl. but not limited to goods that fall under the scope of Article 12g of Council Regulation (EU) No 833/2014) supplied under or in connection with this Agreement.

(2) The Buyer/Importer shall undertake its best efforts and take appropriate measures to ensure that the purpose of paragraph (1) is not frustrated by any third parties further down the commercial chain, including by possible resellers.

(3) The Buyer/Importer shall set up and maintain an adequate monitoring mechanism to detect conduct by any third parties further down the commercial chain, including by possible resellers, that would frustrate the purpose of paragraph (1).

(4) Any violation of paragraphs (1), (2) or (3) shall constitute a material breach of an essential element of this Agreement, and the Seller/Exporter Yellowtec GmbH shall be entitled to seek appropriate remedies. The Buyer/Importer shall indemnify Yellowtec GmbH in full against all claims asserted against it by authorities or other third parties due to the recipient’s non-compliance with paragraphs (1), (2) or (3) of this contract and undertakes to compensate Yellowtec GmbH for all damages and expenses incurred by it in this connection.

(5) The Buyer/Importer shall immediately inform the Seller/Exporter Yellowtec GmbH about any problems in applying paragraphs (1), (2) or (3), including any relevant activities by third parties that could frustrate the purpose of paragraph (1). The Buyer/Importer shall make available to the Seller/Exporter Yellowtec GmbH information concerning compliance with the obligations under paragraph (1), (2) and (3) within two weeks of the simple request of such information.