Unless otherwise agreed upon with Seagate in writing:
- Seagate products, software, or technology will not be installed in a facility that is engaged, directly or indirectly, in researching, designing, developing, manufacturing, constructing, testing, operating or maintaining any of the following:
- Nuclear weapons or nuclear explosive devices;
- Unsafeguarded nuclear reactors, critical facilities, facilities for the fabrication of nuclear fuel, facilities for the conversion of nuclear material from one chemical form to another, or separate storage installations;
- Facilities, or components for such facilities:
- Facilities for the chemical processing of irradiated special nuclear or source material;
- Facilities for the production of heavy water;
- Facilities for the separation of isotopes of special nuclear material; or
- Facilities for the fabrication of nuclear reactor fuel containing plutonium; or
- Maritime nuclear propulsion projects.
- Seagate products, software, or technology will not be installed in a facility that is engaged, directly or indirectly, in designing, developing, producing, operating, installing, maintaining (checking), repairing, overhauling, or refurbishing of rocket systems, space launch vehicles, sounding rockets, or unmanned air vehicle systems, as set forth in Part 744.3 of the EAR.
- Seagate products, software, or technology will not be installed in a facility that is engaged, directly or indirectly, in designing, developing, producing, stockpiling, operating, installing, maintaining (checking), repairing, overhauling, or refurbishing of chemical or biological weapons, or precursors.
- Customer is not a “military end-user” as defined below, and Seagate products, software, or technology will not be used for a “military end use” as defined below:
“Military end user” means the national armed services (army, navy, marine, air force, or coast guard), as well as the national guard and national police, government intelligence or reconnaissance organisations, or any person or entity whose actions or functions are intended to support 'military end uses'. Specific listings can be found in Supplement No. 7 to Part 744 of the Export Administration Regulations (EAR), although this list is not exclusive or comprehensive, and parties not identified on this list may also qualify as military end users based on the above definition.
“Military end use” means incorporation into: a military item described on the U.S. Munitions List (USML) (22 CFR part 121, International Traffic in Arms Regulations) or the Wassenaar Arrangement Munitions List; commodities classified on the U.S. Commerce Control List under Export Control Classification Numbers (ECCNs) ending in “A018” or under “600 series” ECCNs; or any commodity that is designed for the “use,” “development,” “production,” or deployment of military items described on the USML, the Wassenaar Arrangement Munitions List or classified under ECCNs ending in “A018” or under “600 series” ECCNs.
- Customer is not a “military-intelligence end user’ as defined below, and Seagate products, software, or technology will not be used for a “military-intelligence end use” as defined below:
“Military-intelligence end user” means any intelligence or reconnaissance organisation of the armed services (army, navy, marine, air force or coast guard); or national guard. Military-intelligence end users subject to this definition include, but are not limited to, the following:
- Cuba. Directorate of Military Intelligence (DIM) and Directorate of Military Counterintelligence (CIM).
- China. Intelligence Bureau of the Joint Staff Department.
- Iran. Islamic Revolutionary Guard Corps Intelligence Organization (IRGC-IO) and Artesh Directorate for Intelligence (J2).
- North Korea. Reconnaissance General Bureau (RGB).
- Russia. Main Intelligence Directorate (GRU).
- Syria. Military Intelligence Service.
- Venezuela. General Directorate of Military Counterintelligence (DGCIM).
“Military-intelligence end use” means the design, “development,” “production,” use, operation, installation (including on-site installation), maintenance (checking), repair, overhaul, or refurbishing of, or incorporation into, items described on the U.S. Munitions List (USML) (22 CFR part 121, International Traffic in Arms Regulations), or classified under ECCNs ending in “A018” or under “600 series” ECCNs, which are intended to support the actions or functions of a “military-intelligence end user”.
- Seagate products, software, or technology will not be directly or indirectly transferred to Russia or Belarus, or incorporated into items that will be transferred to Russia or Belarus.
- Seagate products, software, or technology will not be transferred to Cuba, Iran, North Korea, Syria, the Crimea Region, Donetsk People’s Republic, Luhansk People’s Republic, Zaporizhzhia Region, Kherson, or another Russian-occupied territory of Ukraine, or any other destination subject to an applicable embargo.
- Seagate products, software, or technology will not be directly or indirectly transferred to any parties or addresses listed on the United States restricted party lists, including but not limited to Specially Designated Nationals and Blocked Persons (“SDN”) List, the Entity List, and the Military End-User List (available at https://www.trade.gov/consolidated-screening-list), United Kingdom restricted party lists (available at https://sanctionssearchapp.ofsi.hmtreasury.gov.uk/), European Union’s restricted party lists (available at https://data.europa.eu/data/datasets/consolidated-list-of-persons-groups-and-entities-subject-to-eu-financial-sanctions?locale=en) or any other applicable restricted party list, including to any listed affiliates of Customer, as well as any entity 50% or more owned, directly or indirectly, or controlled by one or more listed person(s).
You will provide Seagate ([email protected]) with notification three weeks prior to engaging in business activities involving any such parties. Seagate retains the right to disallow business transactions within two weeks of receiving prior notification. - Seagate products, software, or technology will not be directly or indirectly transferred to any party subject to the United States’ Foreign Direct Product Rule (“FDPR”) restrictions, as indicated by footnote 1, footnote 3, footnote 4, and footnote 5 designations on the U.S. Entity List, or to any affiliate of such parties; or procured, used, or transferred for incorporation into or use in the development or production of any item produced, purchased, or ordered by any such parties or any affiliates of such parties.
You will provide Seagate ([email protected]) with notification three weeks prior to engaging in business activities involving any affiliate of FDPR parties. Seagate retains the right to disallow business transactions within two weeks of receiving prior notification. - Seagate products, software, or technology will not be used for development, production, use, operation, installation (including on-site installation), maintenance (checking), repair, overhaul, or refurbishing of a “supercomputer,” and will not be incorporated into or used for the development or production of any component or equipment that will be used in a “supercomputer” located in or destined to China, Macau, or any other country in the U.S. Department of Commerce’s Country Group D:5. (For the purposes of this provision, the term “supercomputer” means a computing system having a collective maximum theoretical compute capacity of 100 or more double-precision (64-bit) petaflops or 200 or more single-precision (32-bit) petaflops within a 41,600 ft3 or smaller envelope).
- Seagate products, software, or technology will not be used for (i) the development or production of any components, assemblies, accessories, or equipment for semiconductor manufacturing (“Semiconductor Manufacturing”) in China or Macau or any other country in the U.S. Department of Commerce’s Country Group D:5 or, (ii) either in its original form or as subsequently incorporated into a foreign-made item, the development or production of a foreign-made Semiconductor Manufacturing item by an entity headquartered in, or whose ultimate parent is headquartered in, China or Macau or any other country in aforementioned Country Group D:5.
- Seagate products, software, or technology will not be used in the development or production of integrated circuits at facilities producing advanced-node integrated circuits (as defined below) located in China or Macau or any other country in the U.S. Department of Commerce’s Country Group D:5.
Advanced-node integrated circuits include the following:
- Logic integrated circuits using a non-planar transistor architecture or with a production technology node of 16/14 nanometres or less;
- NOT AND (NAND) memory integrated circuits with 128 layers or more; and
- Dynamic random-access memory (DRAM) integrated circuits having: (i) a memory cell area of less than 0.0026 µm^2; (ii) a memory density greater than 0.20 gigabits per square millimetre; or (iii) more than 3,000 through-silicon vias per die.
- Seagate products, software, or technology will not be used, including through the use of surveillance technology, in violation of applicable national or international law, in violation of the rights of any third party, or for activities or conduct that adversely reflect upon the name, reputation, or goodwill associated with Seagate.
Customer maintains procedures designed to comply with applicable export control laws and regulations, including the U.S. Export Administration Regulations. These procedures include the monitoring of developments in law and regulations, conducting restricted party and anti-diversion due diligence, and inclusion of trade compliance requirements in the sales and distribution contracts of Customer’s downstream customers, as applicable.
Customer understands that in the event of Customer’s failure to comply with the terms of this Certification, Seagate may immediately suspend business activities with Customer.
