Flaps UP
COMPLIANCE STATEMENT
To whom it may concern:
Flaps UP certifies and confirms that company operates in full compliance with but not limited to the United States (U.S.), European Union (E.U.), United Kingdom (U.K.) and United Nations (U.N.) regulations and conform with all applicable international sanctions and export protocols.
The Customer, Client, Supplier, Service Provider, Vendor, Partner (hereafter – Company), in cooperation with Flaps Up sp. z o.o. (hereafter – Flaps UP) warrants and undertakes the following:
➢ The Company shall promptly upon request of Flaps UP provide necessary information and documentation requested by Flaps UP in order for Flaps UP to carry out the verification of the Company and decide on the on-boarding of the Company pursuant to the internal procedure applied by Flaps UP to verify the identity of its counterparties, any Persons involved in the execution and/or performance of this Compliance Statement or any other agreement concluded between the Company and Flaps UP, their key personnel and ultimate beneficial owners, risk assessment and on-boarding.
➢ The benefit received from any agreement concluded between the Company and Flaps UP including but not limited to services, goods or technology acquired (including but not limited to standalone parts, materials or components thereof) acquired from Flaps UP will be used directly or indirectly, sold, re-exported or incorporated into products solely for civil / commercial end use.
➢ The Company understands that the products it acquires from Flaps UP may be subject to export, re-export, or other restrictions under the laws of the country of manufacture, the country of the supplier, and the country in which resides. Therefore, the Company, on behalf of itself, its subsidiaries and affiliates, warrants and agrees to abide by all applicable laws and regulations relating to the export and re-export of such products and the direct products thereof.
➢ From its date of incorporation, the Company has not engaged in, is not now engaged in, nor will engage in, any dealings or transactions with any other Company that at the time of the dealing or transaction is or was Sanctioned.
➢ The benefit received from any agreement concluded between the Company and Flaps UP including but not limited to services, goods or technology acquired (including but not limited to standalone parts, materials or components thereof) acquired from Flaps UP will not be used directly or indirectly, sold, re-exported or incorporated into products used directly or indirectly, in the design, development, production, stockpiling, or use of chemical or biological weapons, nuclear programs (including activities related to nuclear explosive devices, nuclear reactors, and nuclear fuel-cycle activities), missile (including cruise and ballistic missile systems, space launch vehicles, sounding rockets, target drones, remotely piloted vehicles, and reconnaissance drones), and maritime nuclear propulsion projects except as authorized under applicable laws and regulations relating to the export and / or re-export of these items.
➢ The benefit received from any agreement concluded between the Company and Flaps UP including but not limited to services, goods or technology acquired (including but not limited to standalone parts, materials or components thereof) acquired from Flaps UP will not be used directly or indirectly, sold, re-exported or incorporated into products for the use in countries or of persons and / or organizations (including, but not limited to persons or organizations designated as terrorists, drug traffickers or weapons proliferators) subject to international sanctions or embargoes imposed by, inter alia, the United States of America, the European Union, the United Kingdom or the the United Nations, or to support regional instability and terrorism activities.
➢ Company and Flaps UP has complied and shall comply with all national, supra-national, local and foreign laws and regulations in relation to combatting against bribery, fraud and racketeering, corruption, money laundering and / or terrorism administered, enforced from time to time by the United States of America, the European Union, the United Kingdom and the United Nations, the jurisdiction where the Company is incorporated and carries out business.
➢ The Company maintains adequate systems, controls and procedures to ensure that its directors, beneficial owners, shareholders, officers, employees, contract workers, subsidiaries, subcontractors and any other persons associated with it comply with the Sanctions and the ABC/AML Laws.
➢ The Company, on behalf of itself, its subsidiaries and affiliates, shareholders and beneficial owners, its officers, employees, assigned personnel confirms its knowledge and understanding of all applicable export regulations, assumes all responsibilities for export compliance and warrants and agrees to indemnify and hold Flaps UP harmless against any losses, damages, fees, monetary sanctions or criminal punishment imposed as a result of failure to comply with any applicable export control laws or regulations.
➢ In the event that Products supplied by Flaps UP are subject to export control laws and regulations of the United States of America, the European Union, the United Kingdom, the United Nations or the jurisdictions where Flaps UP and the Company are incorporated, carry out business, the Company shall not permit any other Person (including those further down the commercial chain) to, directly or indirectly, export, re-export, release or otherwise transfer any Products supplied under or in connection with this Compliance Statement including but not limited to any documentation or information, to any jurisdiction or country to which, or for any use for which, the export, re-export, release or transfer thereof is prohibited by export control laws and regulations of the United States of America, the European Union, the United Kingdom, the United Nations or the jurisdictions where Flaps UP and the Company are incorporated, carry out business or this agreement is performed (including but not limited to, to Afghanistan, North Korea, Syria, Iran, Cuba, Sudan, Russia, Belarus, Crimea, Donetsk, Luhansk, Zaporizhzhia, Kherson and other territories of Ukraine that are not under control of the Ukrainian government or for use in Afghanistan, North Korea, Syria, Iran, Cuba, Sudan, Russia, Belarus, Crimea, Donetsk, Luhansk, Zaporizhzhia, Kherson and other territories of Ukraine that are not under control of the Ukrainian government). The Company shall set up and maintain an adequate monitoring mechanism to ensure compliance with the undertakings further down its commercial chain according to this Compliance Statement and shall immediately notify Flaps UP of any failure to comply with the same as well as provide any information in connection therewith promptly, but not later than within 3 (three) calendar days, upon the request of Flaps UP.
➢ In case of violation of this Compliance Statement will be applied , Flaps UP reserves the right to terminate commercial activities with the violator, unilaterally terminate the contract and notify the responsible authority of the violation. In case of violation of this agreement, all legal and financial responsibility falls on buyer Company.