Export Policy and Restriction Information

The U.S. Department of Commerce and the U.S. Department of State, Office of Munitions Control regulate the products that are offered on our website. The export control laws and regulations serve a critical function in promoting national security and foreign policy interests.  Therefore, prior to placing an order, we kindly request that you read the below information regarding export regulations.

 

Please note that Night Galaxy, Inc. will not engage in any transaction that requires the illegal export of any products and will not assist directly or indirectly with the illegal export or re-export of any products.

 

Export of night vision equipment and optical sighting equipment is controlled by the U.S. Department of State Office of Defense Trade Controls, in accordance with International Traffic in Arms (ITAR), Title 22, Code of Federal Regulations Part 120-130 and / or by U.S. Department of Commerce Export Administration Regulations (EAR) .

 

It is illegal to export, attempt to export or otherwise transfer or sell any hardware or technical data or furnish any service to any foreign person, whether abroad or in the United States, for which a license or written approval of the U.S. Government is required, without first obtaining the required license or written approval from the Department of the U.S. Government having jurisdiction.

 

International Traffic in Arms Regulations (ITAR): Some of the items on this website are subject to the International Traffic in Arms Regulations (ITAR), and export is strictly prohibited without authorization or a license issued by the U.S. Department of State's Directorate of Defense Trade Controls. By proceeding with a transaction to purchase any ITAR restricted item(s), the Customer certifies that (i) the purchase does not require Night Galaxy, Inc. to export such items; (ii) the Customer does not intend to export such items after receipt from Night Galaxy, Inc. without the appropriate U.S. Government export authorization; (iii) the Customer does not intend to export, transfer, sell, or furnish the item to any foreign person, whether abroad or in the U.S., including any Foreign Embassy in the U.S., without the appropriate U.S. Government export authorization; (iv) the Customer understands that a foreign person under the ITAR § 120.16 means "any natural person who is not a lawful permanent resident as defined by 8 U.S.C. § 1101(a)(20) or who is not a protected individual as defined by 8 U.S.C. § 1324b(a)(3)," and can mean "any foreign corporation, business association, trust, society, or any other entity or group that is not incorporated or organized to do business in the U.S., as well as international organizations, foreign governments, and any agency or subdivisions of government (e.g. diplomatic missions)" (See ITAR § 120.16); (v) the Customer is a U.S. Person as defined by ITAR § 120.15, meaning the Customer is a lawful permanent resident of the U.S., as defined by 8 U.S.C. § 1101(a)(20), or is a protected individual as defined by 8 U.S.C. § 1324b(a)(3), or is a "corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the U.S., or is a governmental (federal, state, or local) entity" (See ITAR § 120.15).

 

Export Administration Regulations (EAR): Some of the items on this website are subject to the Export Administration Regulations (EAR), and export may be restricted by the U.S. Department of Commerce's Bureau of Industry and Security. By proceeding with a transaction to purchase any restricted item(s), the Customer certifies that (i) the purchase does not require Night Galaxy, Inc. to export such items; (ii) the Customer does not intend to export such items after receipt from Night Galaxy, Inc. without the appropriate U.S. Government export authorization.

 

It is the Resellers or End Users responsibility to request and obtain export licenses for the export of the items and to ensure that the requirements of all applicable laws, regulations and administrative policies are met.

 

Night Galaxy, Inc. will make no exception to the ITAR and EAR restrictions which can result in both civil and criminal penalties. Therefore, all orders shipping to U.S. Military addresses must comply with U.S. Export Control Laws and Regulations. All shipments to an APO/FPO/DPO are considered international and export restrictions will apply. 

 

Please note that several items on the website may require an export license, including, but not limited to, the following:

 

  1. Night Vision Equipment and Night Vision Accessories.
  2. Military Apparel, which includes Body Armor, Helmets and Helmet Accessories, and Shields
  3. Thermal Units that can be weapon mounted with optional accessory.
  4. Optical Sighting Equipment and Tactical Lights (both Hand-Held and weapon-Mountable), Accessories, and Mounting Hardware
  5. Tactical Gear and Weapon Accessories
  6. Knives

 

For detailed information on ITAR laws and regulations, please visit: http://pmddtc.state.gov/regulations_laws/itar_official.html

 

For detailed information on EAR laws and regulations., please visit:

http://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear

 

The sales and/or transfers are strictly prohibited to any individual appearing on the below lists: 

 

Denied Persons list:

http://www.bis.doc.gov/dpl/Default.shtm

 

Unverified list:

http://www.bis.doc.gov/Enforcement/UnverifiedList/unverified_parties.html

 

Entity list:

http://www.bis.doc.gov/Entities/Default.htm

 

 Specially Designated Nationals list:

http://www.treas.gov/offices/enforcement/ofac/sdn/

 

Debarred list:

http://www.pmddtc.state.gov/compliance/debar.html

 

Nonproliferation Sanctions:

http://www.state.gov/t/isn/c15231.htm

 

Embargoed Countries (see part 746):

http://www.access.gpo.gov/bis/ear/ear_data.html

 

For any additional questions that you might have, please do not hesitate to contact our knowledgeable staff.

 

You may also contact the below agencies:

 

U.S. Department of Commerce

Bureau of Industry and Security

Office of Exporter Services:

Tel.: (202) 482-4811

Website: http://www.bis.doc.gov

 

U.S. Department of State

International Traffic in Arms Regulations

Office of Defense Trade Control:

Tel.: (202) 663 2714

Website: http://www.state.gov