Export License

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Export License Requirements

As of January 2022, the U.S. Department of Commerce re-classified EyeDetect and EyeDetect+ as polygraph instruments and, as a result, customers in certain countries must obtain an export license to import these solutions for use.

For the following countries, an export license is not required. Thus, for any country not listed, an export license is required.

Albania
Australia
Belgium
Bulgaria
Canada
Croatia
Czech Republic
Denmark
Estonia
France
Germany		 Greece
Hungary
Iceland
India
Italy
Japan
Latvia
Lithuania
Luxembourg
Netherlands 		New Zealand
Norway
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Turkey
United Kingdom

Circumstances requiring an export (or reexport) license:

  1. To purchase EyeDetect for use by an entity in an unlisted country.
  2. To resell EyeDetect to an entity in an unlisted country.
  3. To resell EyeDetect to new entity within an unlisted country (aka reexport).
  4. To take EyeDetect for demo purposes to an unlisted country.
  5. To return EyeDetect to an unlisted country after warranty repair or replacement
  6. To lend or allow an entity to use EyeDetect in an unlisted country.

Export License Terms

Export License: A unique ID assigned by the US government giving permission for EyeDetect or EyeDetect+ to leave the U.S. and be used by an approved End User in an unlisted country.

Reexport License: A unique ID is assigned by the US government giving permission for EyeDetect or EyeDetect+ to be resold or sent to a new End User after a previous End User received the products approved under a regular export license.

Ultimate Consignee or End User: An entity that will use EyeDetect or EyeDetect+ inhouse.

Purchaser: An entity that will purchase EyeDetect or EyeDetect+ from Converus.

Specific End Use: Indicates how EyeDetect or EyeDetect+ will be used, i.e., the types of lie detection tests to be administered by the End User.

Nature of Business: Entity or company’s business market.

How to Request an Export License

Case: Purchaser and End User
For those purchasing EyeDetect or EyeDetect+ from Converus for internal use.

  1. Fill out and submit the End User Export Application.
  2. Download and fill out the government BIS 711 Form. Fill out the form as the Ultimate Consignee AND the Purchaser (Blocks 1-7). Use How to Fill out a BIS 711 Form for assistance.
  3. Email the completed BIS 711 form to Converus. In the subject line, please indicate “End User BIS 711 – YOUR COMPANY NAME.”

If the BIS 711 form has not been completed correctly, Converus will return it with a request for additional information. This could delay the application process.

Once all required information is given to Converus, the export license application will be submitted on your behalf. There is no cost to apply. The process can take 2 to 6 weeks. It’s best to be thorough when providing the information required on the form. If the export license is approved, you will be contacted by a Converus representative.

How to Request an Export License

Case: Purchaser Only
For those purchasing EyeDetect or EyeDetect+ to resell to a different entity or End User. No intended use.

  1. Fill out and submit the Purchaser Export Application.
  2. Download the government BIS 711 Form and send to the intended End User who should complete the form as the Ultimate Consignee (Blocks 1-6). Send How to Fill out a BIS 711 Form to End User for assistance.
  3. Fill in Purchaser information on BIS 711 Form (Block 7) once it is received back from the End User.
  4. Email the completed BIS 711 form to Converus. In the subject line, please indicate “Purchaser BIS 711 – YOUR COMPANY NAME.”

If the BIS 711 form has not been completed correctly, Converus will return it with a request for additional information. This could delay the application process.

Once all required information is given to Converus, the export license application will be submitted on your behalf. There is no cost to apply. The process can take 2 to 6 weeks. It’s best to be thorough when providing the information required on the form. If the export license is approved, you will be contacted by a Converus representative.

How to Request an Export License

Case: End User Only
For those purchasing EyeDetect or EyeDetect+ from a Converus service provider for internal use.

  1. Download and fill out government BIS 711 Form. Complete form as the Ultimate Consignee (Blocks 1-6). Use How to Fill out a BIS 711 Form for assistance.
  2. Send filled-out form to Converus Service Provider. Your Converus service provider will handle the rest of your export application.

If the BIS 711 form has not been completed correctly, Converus will return it with a request for additional information. This could delay the application process.

Once all required information is given to Converus, the export license application will be submitted on your behalf. There is no cost to apply. The process can take 2 to 6 weeks. It’s best to be thorough when providing the information required on the form. If the export license is approved, you will be contacted by a Converus representative.

Consequences of Non-Compliance

As a U.S. company, Converus must abide by US export law. EyeDetect and EyeDetect+ cannot be sold without an export license to entities in an unlisted country.

If your organization is a service partner, the following statement is included in your agreement. In short, it states that your organization must also abide by US export law. A violation can result in immediate termination of your agreement with Converus.

“The Software and underlying information or technology are subject to U.S. export control laws, including the International Economic Emergency Powers Act, the Export Administration Act, regulations issued pursuant to these laws, and certain regulations promulgated by the United States Department of Treasury Office of Foreign of Assets Controls, all as amended (the “Export Control Laws”). Partner shall not download, export, re-export or otherwise transfer, directly or indirectly, the Software in violation of the Export Control Laws. Partner shall be responsible for obtaining any necessary U.S. government authorization required to ensure compliance of Partner with U.S. export or re-export licensing requirements. By using the Software, Partner acknowledges that (a) it is responsible to obtain any necessary U.S. government authorization to ensure compliance with U.S. Export Control Laws, and (b) it can contact the U.S. Departments of Commerce and Treasury for guidance as to applicable licensing requirements and other restrictions.”

Also the following statement is included on every commercial invoice Converus includes in shipments from the U.S. to countries where an export license is required.

“These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations.”

Failure to receive export approval before items are delivered to the intended End User will result in fines starting at $250,000. To avoid fines, Converus will report any known violations of this export law. The expected consequences for customers or service providers may include an immediate cancellation of the EyeDetect dashboard account and Converus will be required to cease all business relations, including technical support and sales opportunities.

 

Converus (“with truth”) provides scientifically validated credibility assessment technologies that help protect countries, corporations and communities from corruption, crime and threats.