The Event Organizers have defined the following policy on matters of compliance at the event:
A. COMPLIANCE AND ELIGIBILITY TO PARTICIPATE
Partners should be aware that the promotion, procurement or brokering of any item on display at Apex Defense may require the granting of an export control and/or import license or other permissions from relevant government authorities. The promotion of prohibited goods as outlined in the events terms and conditions is not permitted.
The Organizers of Apex Defense work to ensure that all Partners’ equipment, services, documentation and all other forms of visual promotion and display, exhibited or proposed comply with U.S law & UN international undertakings and other relevant sanctions.
This restriction applies to all forms of promotion, including the distribution of brochures or other promotional material from your space which features images or details of any prohibited goods, even if your company does not intend to market these goods at Apex Defense.
These goods include:
- Goods banned by the EU because of evidence of their use in torture.
- Restraints specially designed for restraining human beings (except those that are ‘ordinary handcuffs’)
- Portable devices designed or modified for the purpose of riot control or self-protection by the administration of an electric shock (eg, electric-shock batons, electric-shock shields, stun-guns and electric-shock dart-guns).
- Hand held spiked batons
- Certain cluster munitions, explosive sub munitions including components
- Land mines, anti-personnel mines and anti-material cartridges (Land mines act 1998)
Note: Services in respect of the list of prohibited equipment are also prohibited.
The only non-unitary munitions permitted to be promoted or displayed at Apex Defense are those which comply with the provisions of the Convention on Cluster Munitions. Specifically, they must have all of the following characteristics:
- Each munition contains fewer than ten explosive sub-munitions
- Each explosive sub-munition weighs more than four kilograms
- Each explosive sub-munition is designed to detect and engage a single target object
- Each explosive sub-munition is equipped with an electronic self-destruction mechanism
- Each explosive sub-munition is equipped with an electronic self-deactivating feature
All other non-unitary munitions, explosive sub-munitions and explosive bomblets, together with components specifically designed for such cluster munitions, explosive sub-munitions or explosive bomblets are prohibited.
This exclusion does not apply to conventional munitions which are designed to dispense flares, smoke, pyrotechnics or chaff, electrical or electronic effects or which are designed exclusively for an air defence role
If you are caught promoting prohibited goods without a relevant export control and/or import license, you will be ejected from the event. The Organizers reserve the right to make the final decision concerning the eligibility of promoted goods and matters of compliance.
Export control regulations may apply to exhibits based upon both U.S. legislation and legislation from the territory of origin of the Partner’. Such legislation or regulations may cover the exportation of goods, the transfer of technology, the provision of technical assistance overseas and activities connected with trade in controlled goods. Partner’s whose activities may be impacted by such legislation or regulations are required to ensure they have the necessary licenses and mechanisms in place.All Partners' equipment, services, documentation and all other forms of visual promotion and displayed or proposed must be of a type, which complies with:
- U.S Federal and State Law
- Law in the territory of origin of the Partner
- UN Law and UN international undertakings
- The terms and conditions on the Apex Defense website
These controls may encompass export from the country of origin, involvement in movements of these goods between overseas countries where the deal is made in the territory, or by a person of the territory of origin of the Partner based overseas. It is important that your organization is aware of all current applicable trade controls and whether they affect your business prior to participating at the event.
U.S. Export Administration Regulations (EAR) governs controls on the export of commercial goods, software, and technology, including “dual use” items that can be used both for commercial and military purposes. EAR compliance requires a company to adhere to various regulations that are enforced by the Bureau of Industry and Security (BIS).
For more information, please visit the https:/www.bis.doc.gov/index.php
Contacts details for the BIS can be found at https://www.bis.doc.gov/index.php/about-bis/contact-bis
U.S. International Traffic in Arms Regulations (ITAR) The Department of State is responsible for the export and temporary import of defense articles and services governed by 22 U.S.C. 2778 of the Arms Export Control Act (AECA) and Executive Order 13637. That section of the AECA is implemented by the International Traffic in Arms Regulations (ITAR, 22 CFR parts 120-130). The ITAR is available from the Government Printing Office (GPO) as an annual hardcopy or e-document publication as part of the Code of Federal Regulations (CFR) and as an updated e-document. For more information, please visit: https://www.pmddtc.state.gov/?id=ddtc_kb_article_page&sys_id=24d528fddbfc930044f9ff621f961987
Contact details for the Department of Defence Trade Controls can be found at: https://www.pmddtc.state.gov/?id=ddtc_public_portal_contact_us
Trade control legislation may affect anyone in the territory in which the event is staged regardless of nationality. Trade controls cover the trading and transacting in controlled goods between two overseas countries where the deal is made in a third country.
The controls are intended to impact on ‘trafficking and brokering’ type activities that facilitate the movement of controlled military or paramilitary goods including the movement of goods to countries subject to sanctions, embargos or other restrictions.
Companies that manufacture products and technology in the U.S. with either dual (i.e., commercial and military) or solely commercial applications are subject to EAR regulations.
All manufacturers, exporters, temporary importers, brokers, or providers of defense articles, services, or technical data on the USML must comply with ITAR. If you are working with other companies during your handling of ITAR-controlled items, you should ensure that each company in your supply chain has policies in place to remain ITAR compliant.
Any Partners engaging in controlled business or activity either overtly or covertly during the exhibition without all necessary trade control licenses being place will be regarded as a breach of their contract with the Organizers and will forfeit their right to participate at the event.
The Organizers will take appropriate action, which may involve the removal of equipment, documentation and/or visual promotional material from the partners space into safe custody. Relevant authorities in the territory in which the event takes place and the territory of origin of the Partner will be informed of any breach, which may result in legal action being taken against the Partner by these authorities. The Partner space may be closed immediately, and the Partner will have no claim for redress against the Organizers, nor any refund for loss of fees.
Partners waives and Organizers disclaim any and all liability related to any action Organizers must take in response to Partner’s failure to comply with this agreement.
B. DANGEROUS EXHIBITS, PROHIBITED WEAPONS, FIREARMS & HAZARDOUS EQUIPMENT
Partners shall not exhibit live, de-activated, dummy firearms or ammunition & pyrotechnics on their stand or use live firearms, ammunition and pyrotechnics in any demonstration.
Definitions:
A weapon will be considered live (active) if it is capable of discharging any shot, bullet or other missile. Removing the working parts and firing pin does not permanently render a weapon de-activated, and it retains its original classification as a live (active) weapon.
The weapons deactivation standard is detailed in National Firearms Act Handbook 10.1.5. Whereby the successful deactivation of a weapon may be achieved by various means including but not limited to: welding of the chamber; cutting the barrel/chamber/breech; plugging the barrel; welding a bolt to the chamber; or a combination of these deactivation methods which render a firearm to be considered deactivated and incapable of firing a shot, bullet or other missile. Deactivated weapons imported into the US must be deactivated to the standards as required by the NFA Handbook 10.1.5. All weapons and items which do not meet this standard of deactivation will be classified as live (active) weapons.
An item will be treated as a Dummy if it contains no component parts that could be used in a live (active) firearm. Component parts are considered to be those elements necessary to the action of the weapon, such as trigger mechanism, barrels, frames etc. but not screws, springs, nuts and bolts etc. that may be used for other purposes.
Non inert pyrotechnic articles which are assigned in accordance with the United Nations recommendations Articles U.N. no. 0431 or 0432. are prohibited.
Prohibited items include multiple effects cartridge systems (MECS) and non-lethal explosive devices including stun grenades.
Definition:
“Pyrotechnic article” is an article which—
contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions
“Stun grenades” means pyrotechnic articles designed to confuse, disorientate or distract a person.
C. PARTNER REGISTRATION & ACCREDITATION
All personnel attending Apex Defence, including Partners’ stand personnel, representatives, guests, contractors/subcontractors (stand build and services) and security personnel who will be working on stands and hospitality areas, must be pre-registered to attend Apex Defense. It is the responsibility of the Partner to check the bona fides of all personnel that they register to attend Apex Defense.
D. PERSONAL FIREARMS & AMMUNITION
No personal firearms or ammunition are permitted at Apex Defense. Weapons storage is not available for personal firearms. Personnel, including law enforcement personnel not present in an official capacity, are prohibited from bringing weapons into the venue.
Any person licensed in District of Columbia to carry a concealed weapon is hereby notified that they shall not carry their firearms during Apex Defense.
Anyone possessing prohibited items will be asked to remove the item from the venue. Participants who refuse to comply will not be permitted entry into the venue.
FOOTNOTES
- Compliance checks will take place before and throughout Apex Defense to ensure that equipment, services, documentation and all other forms of visual promotion and display exhibited comply with the above-mentioned undertakings.
- Partners promoting or displaying prohibited items, either overtly or covertly during the event will be in breach of their contract with the Organizers and will forfeit their right to participate at Apex Defense. The Organizers will take appropriate action which may involve the removal of equipment, documentation and/or visual promotional material from the stand into safe custody. The stand, hub or pod may be closed immediately and the partner will have no claim for redress against the Organizers, nor any refund for loss of fees.
- Partners should refrain from using language in promotional material which implies equipment is combat or battle tested. Images or videos containing combat fatalities are also prohibited.
- The Organizers reserve the right to make the final decision concerning the eligibility of exhibits, promotional materials and matters of compliance.
