Overview
AVEVA software products and services are subject to the export control and sanctions laws of various jurisdictions, including the United Kingdom (U.K.), United States of America (U.S.), European Union (E.U.), the United Nations Security Council (U.N.) and other applicable regimes.
AVEVA’s products and services include but may not be limited to programs, integrated software, operating systems, hardware, support, technical product data, education, consulting, and cloud services, all of which are subject to various export controls and sanctions laws and regulations. That includes the U.S. export controls under the Export Administration Regulations (EAR) enforced by the U.S. Department of Commerce Bureau of Industry and Security (BIS) and the economic sanctions enforced by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury. The UK, EU, and other jurisdictions where AVEVA operates or its products are used, apply similar export control and sanctions to AVEVA’s products and services.
Geographic Restrictions
In accordance with U.S., U.K., E.U. and U.N. and other applicable export control and economic sanctions laws and regulations, and in line with AVEVA's corporate policies, all AVEVA products and services are prohibited for export/re-export/transfer (in-country change in end use or end user) to, use by, or access by (includes cloud access) the following:
- Any company or national organized under the laws of, ordinarily resident in, or otherwise located in: Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk People's Republic, and Luhansk People's Republic regions of Ukraine. Export or sanctions licensing of commodities or services intended for these countries is presumed denied.
- Re-export to these countries is prohibited; you may not proceed with any proposed transaction if you "know or have reason to know" it would be contrary to other applicable laws or regulations.
Please note cloud access and/or download from these countries or regions is subject to applicable export controls and economic sanctions, and is therefore prohibited by AVEVA.
Additionally, AVEVA has identified several countries that present heightened compliance and business risk. AVEVA requires enhanced pre-transaction due diligence requirements for such countries, which may include obtaining authorization from the various competent regulatory authorities, as well as declining to conduct business or provide support in such regions at its sole discretion.
Without limitation, parties acquiring software from AVEVA are responsible for obtaining all government export control or sanctions licenses or other regulatory approvals necessary for downloading or transfer of the software or use of the service where applicable.
End-User Restrictions
AVEVA products and services are not permitted to be made available to entities and individuals with whom transactions are prohibited under applicable export control and sanctions laws, including those listed on any applicable sanctioned or restricted party lists maintained by the U.K., E.U., U.S., U.N. or any jurisdiction that the transaction is subject to. This restriction equally applies to any party that is 50% or more owned by, controlled by, or otherwise acting on behalf or for the benefit of a sanctioned or restricted party.
End-Use Restrictions
A government export or sanctions license, authorization or other documentation may be required to proceed with transactions involving restricted end-uses, including:
- Military end-uses that may implicate an arms embargo or similar restriction.
- Certain civil nuclear end-uses.
- Industry-specific end-use restrictions, such as those related to certain energy and financial sectors in particular countries.
- Any customer you know or have reason to know, who is involved in the design, development, manufacture or production involving nuclear proliferation or unsafeguarded nuclear power plant activities; rocket systems, missiles, and unmanned aerial vehicles capable of delivering weapons of mass destruction; chemical and biological weapons; maritime nuclear propulsion end uses; and military intelligence.
The appearance of any activity potentially involving or relating to a restricted end use will subject a transaction to enhanced due diligence. AVEVA is not obligated to pursue any government license request in order to fulfil a transaction involving a restricted end use.
Export Classification
AVEVA’s products are subject to the US EAR, the E.U. Dual Use Regulation, the U.K. Strategic Export Control Lists and the international Wassenaar Arrangement. AVEVA maintains export classifications of its products (the determination of an ECCN – Export Control Classification Number) so that AVEVA products can be easily and readily exported to non-embargoed destinations while maintaining compliance with end user and end use restrictions.
The relevant U.S., U.K. and E.U. ECCNs, applicable license exceptions, and ruling numbers (where applicable) are available upon request. Please send your request to trade.compliance@aveva.com.
Disclaimer: This Export Control and Sanctions Compliance web page is for general informational purposes only and does not constitute legal advice by AVEVA as to any particular set of facts, nor does it represent any undertaking by AVEVA to keep the user advised as to all relevant U.S., U.K., E.U. or other applicable export control or sanctions laws. The user is responsible for its own compliance, and AVEVA encourages users to seek competent legal counsel for advice. Further, any use of AVEVA's classifications by any third party is without recourse to AVEVA and is at the third party's own risk. AVEVA is in no way responsible for any damages any third party may suffer as a result of using or relying upon such classifications.