Compliance with Export Controls
TANDBERG is strongly committed to all laws and regulations covering the export of its products and technology. Recognizing both the regulatory and business imperative of these controls, TANDBERG has put in place a comprehensive export controls program to ensure that TANDBERG and its partners remain compliant.
How is TANDBERG Affected by Export Controls?
TANDBERG is affected primarily by Norwegian, EU and US export controls, but due to the global nature of TANDBERG’s business, TANDBERG complies with all the export control regimes under which we operate. Export controls apply to many of our products and their associated technology. This means that export licenses may be required before we can export goods, technology or software that are subject to these controls.
TANDBERG’s export compliance program is founded on implementing robust procedures that focus on the four key principal elements of export compliance: product controls, end-use controls, end user controls and destination controls.
Product Controls
Export restrictions apply to the export of certain goods, technology and software including those that contain encryption. Many TANDBERG products contain encryption and as such may require a licence prior to export. All products, software and technology are classified under all relevant export control regulations and allocated with an export control classification number (“ECCN”), where applicable. Export Licence determination is managed as early in the product development cycle as possible and all necessary licences are obtained and conditions of licences are complied with. This policy applies to all new products, bug fixes or updates and software development.
End-use Controls
End-use controls are known as the ‘catch-all’ control as they apply to items that are not listed in export regulations as a controlled item and would not otherwise require a licence. If an order arouses our suspicions that the item will be used in a restricted end use, then the export may be prohibited, or an export licence may be required. This includes items which may be used in military listed items, or items which are intended for any WMD-end use. TANDBERG reviews all End-user undertakings to ensure that our products are not exported for uses prohibited under export control regulations.
End-user Controls
End-user regulations impose restrictions on exporting to certain persons or entities listed on restricted lists. The listed persons and entities (often referred to as ‘Denied Parties’) include terrorists or persons associated with terrorists, individuals involved or suspected of being involved in WMD proliferation, and exporters who have had their export privileges denied due to breaches of export control regulations. It can be illegal for a company to do business with Denied Parties. TANDBERG review all orders against “Denied Party” lists to ensure exports are not made to prohibited persons or entities.
Destination Controls
Certain countries are impacted by sanctions or embargoes, administered by various Governments. Sanctions and embargoes can be imposed for various reasons and may apply different restrictions on doing business with a particular country. TANDBERG complies with all relevant and applicable trade sanctions and embargoes.
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How Does TANDBERG Ensure Compliance with Export Controls?
TANDBERG has developed a stringent Export Control Compliance Program based around appropriate and responsible staff, and knowledge of customers and partners and product classification.
Responsible Staff
Appropriate staff and resources have been appointed to oversee TANDBERG’S compliance with export controls. The Board of TANDBERG is ultimately responsible for export control compliance and General Counsel EMEA has strategic responsibility for this compliance area. TANDBERG has appointed a full-time, dedicated Global Export Control Manger (“GECM”) who is responsible for the operational aspects of export control compliance. The GECM heads the Export Control Council, a committee of eight members, who all have responsibility for export compliance.
Knowing our Customers
TANDBERG is particularly vigilant in ensuring that the reseller (either new or existing) and ultimate end-user of our products is known before any order is placed.
Furthermore, TANDBERG will verify all new customers’ intended end-use of the products and all new resellers (as well as any direct customers) must complete and sign the End-Use Statements. TANDBERG will also proactively assess any order for potential “red flags” which may arouse suspicion.
Compliance of Resellers and Distributors
It is TANDBERG policy to implement all the end-use and end-user policies for resellers and partners as well as for customers. When accepting a partnership with a reseller, TANDBERG has procedures in place to ensure that any prospective reseller abides by the same standards of export control compliance as TANDBERG. This is included in contracts between TANDBERG and resellers, and is also included in all purchase order confirmations.
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Frequently Asked Questions
Q. Does TANDBERG have a contact for export control enquiries?
A. Yes, we have appointed a Global Export Control Manager (GECM). You can reach the GECM at export@tandberg.com.
Q. Are export licenses required for all TANDBERG products?
A. No. Not all TANDBERG products are subject to export controls and therefore not all TANDBERG products require an export license.
Q. Are there any destinations to which TANDBERG does not export any of its products?
A. Whilst TANDBERG may trade in most countries, those representing a heightened risk of diversion are treated with caution. There are five countries where TANDBERG will not export. These countries are:
- Cuba
- Sudan
- Syria
- Iran
- North Korea
TANDBERG also imposes additional restrictions on Myanmar. For authorizations of an export to Myanmar please contact the GECM for approval.
Q. Do any TANDBERG products contain encryption?
A. Many TANDBERG products contain encryption and encryption is considered a “dual use” product which represents a potential threat to countries’ national security. As such these products are subject to export control regulations. TANDBERG classifies its products under Norwegian, EU, US export regulations and, where appropriate, any country specific requirements are adhered to. It is important to remember to review your own export obligations if re-exporting or transferring TANDBERG products.
Q. Is there a published list of Export Control Classification Numbers (ECCN) for TANDBERG products?
A. Please see our list of ECCNs for TANDBERG products. Please be advised that the ECCNs listed are for guidance purposes only and should not be considered as our legal opinion of the ECCN of a product. TANDBERG would recommend that you consult your own legal counsel prior to exporting a TANDBERG product.
Q. Are there certain End-Use or End-Users controls that exist which means TANDBERG cannot export?
A. Yes. Across the wide range of global export regimes that exist, there are various controls surrounding prohibitions of exports for certain use and to certain users. It is TANDBERG’s policy to fully comply with all export regulations and as such, we reserve the right to decline an order involving end-use or end-users who may be prohibited from receiving our products under these regulations.
Q. What do we do if we become aware that TANDBERG products are being exported to prohibited destinations?
A. TANDBERG views its export control compliance with the utmost of seriousness and expressly forbids export or re-exports of TANDBERG products to prohibited destinations. If you become aware of exports to a prohibited destination, please escalate the matter immediately to the Global Export Control Manager for further investigation at export@tandberg.com.
Q. What happens if an order contains a controlled product?
A. TANDBERG has a variety of Open Licences which we can use to ensure there are no delays when dispatching orders. On occasion, specific licences may be required for TANDBERG to fulfil an order which must be obtained from the relevant governing licensing bodies. When this occurs, a delay may occur whilst TANDBERG obtain the required licence for export. During this process additional documentation may be requested to satisfy governmental requirements prior to export. The order will be placed on hold until the relevant government authority has granted the authorization to proceed with an export. On rare occasions TANDBERG may be required to cancel an order if an export licence is declined by a government.
Q. Are TANDBERG’s partners and resellers subject to export regulations?
A. Yes. TANDBERG expects all resellers to adhere to the same stringent export control policies that TANDBERG adhere to. Where TANDBERG is the exporter of record, the licences TANDBERG holds will permit exports to be made. In instances where the relevant licences are not held, TANDBERG expects a reseller to hold an order until the necessary government authorization is obtained.
Q. What should I do if a government authority contacts me with a request for information?
A. All communications from any government official (for example, from a customs authority) should be forwarded to the GECM for review. No response should be issued without prior approval by the GECM.
TANDBERG makes this data available for informational purposes only. It may not reflect the most current legal developments, and TANDBERG does not represent, warrant or guarantee that it is complete, accurate or up-to-date. This information is subject to change without notice. The materials on this site are not intended to constitute legal advice or to be used as a substitute for specific legal advice or advice from a government authority. You should not act (or refrain from acting) based upon information in this site without obtaining professional or government advice regarding your particular facts and circumstances. Further assistance can be obtained from independent consulting firms. Upon request we can provide you with the names of such consultants.
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Additional Information
For questions contact the Global Export Compliance Controller.
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