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Export Controls & Compliance Policy

Overview

Pacific Gyre, Inc. designs and manufactures scientific instruments and telemetry systems that are sold and deployed worldwide. The export, re-export, and transfer of these products may be subject to United States export control laws and regulations.

This policy describes the export compliance requirements applicable to Pacific Gyre products and the responsibilities of customers purchasing or operating these systems.

By purchasing products or services from Pacific Gyre, customers agree to comply with the requirements described in this policy.

Applicable Export Regulations

Pacific Gyre products, software, technical data, and services may be subject to United States export control and economic sanctions laws, including regulations administered by:

  • the U.S. Department of Commerce – Bureau of Industry and Security (BIS) under the Export Administration Regulations (EAR)

  • the U.S. Department of the Treasury – Office of Foreign Assets Control (OFAC)

  • the U.S. Department of State – Directorate of Defense Trade Controls (DDTC), where applicable

These regulations control the export, re-export, transfer, and use of certain products, technologies, and technical information.

Customers are responsible for complying with all applicable export and import regulations.

Restricted Destinations and Parties

Pacific Gyre products may not be exported, re-exported, transferred, or used:

  • in countries or territories subject to comprehensive U.S. economic sanctions, unless authorized by the U.S. Government

  • by or to individuals, organizations, or entities listed on U.S. government restricted party lists, including but not limited to the Denied Persons List, Entity List, Unverified List, or Specially Designated Nationals (SDN) List

  • for any prohibited end use, including activities related to nuclear, chemical, or biological weapons development or other restricted activities under U.S. export regulations

Pacific Gyre reserves the right to screen customers, end users, and destinations against applicable government restricted party lists.

Customer Responsibilities

Customers purchasing Pacific Gyre products agree to:

  • comply with all applicable export control and sanctions laws

  • obtain any required import licenses or permits required by the destination country

  • ensure that Pacific Gyre products are not diverted to unauthorized destinations, users, or end uses

  • ensure that any resale, transfer, or re-export of the products complies with applicable export regulations

Customers may not export or transfer Pacific Gyre products in violation of applicable laws.

Export Classification

Unless otherwise stated, most Pacific Gyre products are typically classified as EAR99 under the Export Administration Regulations.

However, export classification may vary depending on product configuration, integrated sensors, or destination requirements.

Customers requiring export classification information for licensing or compliance purposes may request this information from Pacific Gyre.

Export Documentation

Pacific Gyre may provide export documentation required for shipment of products from the United States, which may include:

  • commercial invoices

  • packing lists

  • certificates of origin

  • export filings in the U.S. Automated Export System (AES) when required

Customers are responsible for complying with all import clearance and regulatory requirements in the destination country.

Right to Refuse or Delay Shipment

Pacific Gyre reserves the right to:

  • request additional information regarding the end user, destination, or end use of products

  • delay shipment pending export compliance review

  • refuse or cancel shipments that may violate export control laws or sanctions regulations

Orders that cannot meet applicable export compliance requirements may be cancelled at Pacific Gyre’s discretion.

Indemnification

Customers agree to indemnify and hold Pacific Gyre harmless from any claims, damages, penalties, or liabilities arising from the customer's failure to comply with applicable export control or sanctions laws.

Force Majeure

Pacific Gyre shall not be liable for any delay or failure to perform its obligations resulting from events beyond its reasonable control.

Such events may include, but are not limited to:

  • acts of God

  • natural disasters

  • war, terrorism, or civil unrest

  • government actions, sanctions, or export restrictions

  • labor disputes or strikes

  • supply chain disruptions

  • transportation or port closures

  • pandemics or public health emergencies

  • failures of telecommunications or satellite systems

  • interruptions in utilities or infrastructure

In the event of such circumstances, Pacific Gyre’s obligations will be suspended for the duration of the force majeure event. Pacific Gyre will make reasonable efforts to resume performance as soon as practicable once the conditions causing the delay have been resolved.

Contact Information

For export compliance questions, please contact:

Pacific Gyre, Inc.

3740 Oceanic Way, Suite 302

Oceanside, CA 92056 USA

Email: sales@pacificgyre.com