COMPLIANCE AND ELIGIBILITY TO EXHIBIT
The Event Organisers have defined the following policy on matters of compliance at the event, which is based primarily on the definitions and restrictions set out in the UK Export Control Act 2002 (as amended) and (ii) the Japan Export Control Order 1949 (as amended) and the Japan Foreign Exchange Order 1980 (as amended) (the “Foreign Exchange Order 1980”), both of which are made under the powers of the Japanese Foreign Exchange and Foreign Trade Act 1949 (as amended) (“FEFTA”). It is solely the Exhibitors' responsibility to obtain all necessary licenses and authorities. Compliance audits will take place throughout the event and Exhibitors who are in breach of this policy will forfeit their right to exhibit.
The controls on goods which would be defined as “Category A” under the UK Export Control Act 2002 apply to all forms of promotion, including general advertising. The act of distributing hard copy or electronic brochures or catalogues containing reference to any such product, or the inclusion of images of such products in stand displays, or any other form of other marketing of these products at the event is prohibited.
Export control regulations may apply to exhibits based both upon the territory in which the event takes place and the territory of origin of the exhibitor. 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.
Exhibitors whose activities may be impacted by such legislation or regulations are required to ensure they have the necessary licenses and mechanisms in place.
UK ECJU guidance and definitions including the UK legislation affecting participation at exhibitions can be found on the www.gov.uk/guidance/export-military-or-dual-use-goods-services-or-technology-special-rules
For further information on licensing issues, UK exhibitors may contact the DIT ECJU Helpline on +44 20 7215 4594
A. Compliance and Eligibility to Exhibit
All Exhibitors' equipment, services, documentation and all other forms of visual promotion and display, exhibited or proposed must be of a type which complies with:
- Law in the territory in which the event is staged
- Law in the territory of origin of the exhibitor
- UN Law and UN international undertakings
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 Exhibitor based overseas. It is important that your organization is aware of all current applicable trade controls and whether they affect your business prior to exhibiting at the event.
Breach of any aspect of relevant trade controls will be treated as breach of the event terms and conditions regarding Compliance and Eligibility to Exhibit.
Display of goods, or the related promotional material for items which would be classified as “Category A” under UK Trade Controls is expressly prohibited at all Clarion Defence & Security Events. This restriction applies to all forms of promotion, including the distribution of brochures or other promotional material from your stand which features images or details of any “Category A” goods, even if your company does not intend to market these goods at the event.
“Category A” and prohibited goods include:
- Goods designed for the execution of human beings
- Goods banned by the EU because of evidence of their use in torture
- Restraints specially designed for restraining human beings.
- Riot control or self-protection devices designed or modified to administer an electric shock.
- Certain cluster munitions, including components.
- Land mines, anti-personnel mines and anti-material cartridges (Land mines act 1998)
If you are caught promoting “Category A” or other prohibited or controlled goods you will be ejected from the event and could face enforcement action from relevant authorities.
Goods classified as “Category B” and “Category C” under UK trade control legislation may also be subject to export controls and may require relevant export licenses from either the country of origin or the country in which the event takes place if exported.
A full definition of the items included in Category A, B and C goods is contained within Schedule 1 of the Export Control Order.
FEFTA Category
Technologies falling under the FEFTA Category are broadly listed in the Appendix Table of the Foreign Exchange Order 1980, which include but are not limited to the following technologies that are associated with the design, manufacture or use of specific kinds of goods:
- firearms, ammunition and their components;
- explosives;
- nuclear fuel; and
- rockets and their components.
Permission from the METI is required for promotional or advertising activities in respect of technologies that fall under the FEFTA Category, unless such activities provide only publicly known information about such technologies, such as information included in brochures or catalogues. If you are caught promoting technologies under the FEFTA Category without the necessary permission from the METI, you will be ejected from the event and could face enforcement action from relevant authorities.
B. Equipment, services and documentation exhibited or promoted
Further Definitions
The following equipment and services would fall under “Category A” of the UK’s trade control legislation and as such are prohibited at the event
- Goods designed for the execution of human beings - such as gallows and guillotines, electric chairs, air-tight vaults designed for the purpose of execution by the administration of a lethal gas or substances, automatic drug injection systems designed for the purpose of executing human beings by the administration of a lethal chemical substance
- Restraints specially designed for restraining human beings - leg-irons, gang chains, shackles and individual cuffs or shackle bracelets except those that are ‘ordinary handcuffs’ (handcuffs which have an overall dimension including chain, measured from the outer edge of one cuff to the outer edge of the other cuff, between 150 millimeters and 240 millimeters when locked and have not been modified to cause physical pain or suffering), restraint chairs unless designed for disabled persons, shackle board, thumb-cuffs and thumb-screws, including serrated thumb-cuffs, electric shock belts
- Portable devices designed or modified for the purpose of riot control or self-protection by the administration of an electric shock - such as electric-shock batons, electric-shock shields, stun-guns and electric-shock dart-guns - components specially designed or modified for the aforementioned
- Hand-held, spiked batons
- All cluster munitions, explosive sub munitions and explosive bomblets with the exception of those which comply with the provisions of the Oslo Declaration. 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, however, 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.
- Anti-personnel Landmines, as defined by Section 1 (4) of the UK Landmines Act 1998 which state that an anti-personnel mine is a landmine which
- is designed to be detonated by the presence, proximity or contact of an individual; and
- is capable of incapacitating, injuring or killing an individual.
- A component of an anti-personnel mine is anything designed or adapted to form part of an anti-personnel mine. A prohibited object is an anti-personnel mine or any component of an anti-personnel mine
ADDITIONAL NOTES AND DEFINITIONS:
1. Cluster munitions means conventional munitions designed to disperse or release explosive sub-munitions or bomblets.
2. Explosive sub-munitions means conventional munitions, weighing less than 20 kilograms each, which, in order to perform their task, are dispersed or released from another conventional munition and which are designed to function by detonating an explosive charge prior to, on or after impact.
3. Explosive bomblets means conventional munitions, weighing less than 20 kilograms each, which are not self-propelled and which, in order to perform their task, are specifically designed to be dispersed or released by a dispenser affixed to an aircraft, and are designed to function by detonating an explosive charge prior to, on or after impact.
The Organisers reserve the right to make the final decision concerning the eligibility of exhibits and matters of compliance.
FOOTNOTES:
1. Compliance audits will take place before and throughout the event to ensure that equipment, services, documentation and all other forms of visual promotion and display exhibited comply with the above-mentioned undertakings.
2. Exhibitors promoting or exhibiting prohibited items, either overtly or covertly during the exhibition will be in breach of their contract with the Organisers and will forfeit their right to exhibit at the event. The Organisers will take appropriate action which may involve the removal of equipment, documentation and/or visual promotional material from the stand into safe custody. Relevant authorities in the country where the event is staged, and the country of origin of the exhibitor will be informed by the Organiser of any breach. This may result in legal action being taken against the Exhibitor by these authorities. The stand may be closed immediately and the Exhibitor will have no claim for redress against the Organisers, nor any refund for loss of fees.
3. Exhibitors will not be permitted to exhibit if their sole or predominant aim is to import for immediate resale.
4. The Organisers reserve the right to make the final decision concerning the eligibility of exhibits and matters of compliance.
Note: services in respect of the list of prohibited equipment are also prohibited.
C. Prohibited Activities
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.
All Exhibitors must ensure that they have all necessary trade control licences in place before undertaking any controlled business or activity.
Japan’s trade control legislation affects anyone in Japan regardless of nationality. Permission from the METI is required for the trading and transacting in controlled goods if such trades and transactions are made (i) between a Japanese resident in Japan and a non-resident in Japan or (ii) between anyone in Japan and anyone abroad. For this purpose, resident means a natural person with a domicile or residence in Japan or a corporation with a principal office in Japan or a Japanese branch office, local office, or other office. Non-resident means a natural person or a corporation who is not a resident.
Any Exhibitor 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 organisers and will forfeit their right to exhibit at the event. The organisers will take appropriate action which may involve the removal of equipment, documentation and/or visual promotional material from the stand into safe custody. Relevant authorities in the territory in which the event takes place, and the territory of origin of the exhibitor will be informed of any breach which may result in legal action being taken against the Exhibitor by these authorities. The stand may be closed immediately and the Exhibitor will have no claim for redress against the Organisers, nor any refund for loss of fees.
D. Dangerous exhibits, prohibited weapons, firearms & hazardous equipment
Any Exhibitor, who, by way of trade or business, manufacturers, sells, transfers, repairs, tests or proves or exposes for sale or transfer or has in his possession for sale, repair, test or proof any firearm or ammunition must first obtain relevant licenses and clearances to exhibit or display such equipment from the relevant authorities in the territory in which the event takes place. Any Exhibitor who attempts to exhibit or sell any firearm or ammunition without the appropriate certificate and authority will be liable to ejection from the event and possible prosecution from such authorities.
E. Exhibitor registration & accreditation
All personnel attending the event, including Exhibitors’ 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 the event. It is the responsibility of the Exhibitor to check the bona fides of all personnel that they register to attend the event. All Exhibitors must inform the Organisers of any private security officers or security officers from their own company who may be onsite during the event. The Exhibitor takes responsibility for the bona fides of such security officers. Security Officers employed by Exhibitors have jurisdiction on their tenancy areas only and are not permitted to carry out any duties elsewhere within the event. Information regarding Exhibitors’ security and licensing is to be provided to the Organisers on request. Security Officers and Police Officers employed by the Organisers and Organisers Security Management have primacy in all matters concerning breaches of security and have right of access to all tenancy areas.