End-Use and End-User Statement

  • from (buyer and ultimate recipient-if different from buyer of the items) understands that items (and the know-how as may be contained therein) may be subject to international export or import controls and sanctions prohibitions. from (buyer and ultimate recipient-if different from buyer) commits itself to comply with all national and international laws and regulations as they apply to the sale, export, re-export, transfer, re-transfer, brokering, import, or otherwise making available of items to act in a proper and ethical manner. Therefore, from (buyer and ultimate recipient-if different from buyer) refrains from all transactions if recognized as not being permissible by export control and sanctions compliance regulations.
  • from (buyer and ultimate recipient-if different from buyer of the items) hereby warrants that o it has never been debarred or sanctioned (including suspended or fined) by any relevant export control and sanctions authority or under any relevant national/international law;
  • o it endorses and carries out its business in a manner that is consistent with the ultimate sellers? Code of Conduct.

  • from (buyer and ultimate recipient-if different from buyer) represents and warrants that the items received will not be used, in their entirety or in part, in connection with and/or for supporting and/or financing of o any nuclear explosive activity,
    • the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or radiological weapons or the development, production, maintenance or storage of missiles / other systems capable of delivering such weapons, or

    • the development, production, handling, operation, maintenance or storage of cluster munitions or anti-personnel mines

    • or military, proliferation or terrorist uses, cyberterrorism, or in connection with any other activity prohibited by applicable export or import controls and sanctions prohibitions,

    • human rights violations.
    • XX (buyer and ultimate recipient-if different from buyer) further represents and warrants that the items will not be transferred, in their entirety or in part, o to any person, organization or agency listed on international sanctions laws and/or the sanctions laws of the Swiss Confederation1;
      • to any person, organization or agency listed on international sanctions laws and/or the sanctions laws of the United Nations2;

      • to any person, organization or agency listed on international sanctions laws and/or the sanctions and restricted party laws of the United States3.

      • to any person, organization or agency listed on international sanctions laws and/or the sanctions laws of the European Union4.

      • to any person, organization or agency listed on international sanctions laws and/or the sanctions laws of the United Kingdom5.
    • from (buyer and ultimate recipient-if different from buyer) represents that the end-user of the goods and/or supplied items (including the software, the know-how and technology as may be contained therein) is the following:
    • from

    • from (buyer and ultimate recipient-if different from buyer) further represent and warrants that the end-user is not part of any armed forces, including military and paramilitary forces, intelligence agencies or internal security forces.
    • from (buyer and ultimate recipient-if different from buyer) also represent and warrants that it possesses and/or will obtain all the necessary national / international, incl. US export control and sanctions permits and authorizations required to remove the goods and/or supplied items (including the software, the know-how and technology as may be contained therein) from the end-user declared above.
    • In addition, from (buyer and ultimate recipient-if different from buyer) represents and warrants that it will not sell, export, re-export, transfer, re-transfer, broker, import, or otherwise make available any items, software or technology to countries which are subject to comprehensive sanctions, embargoes or support terrorism. These countries include6, but are not limited to: Afghanistan, Cuba, Iran, Iraq, North Korea, Pakistan, Sudan or South Sudan, Syria, Russia, Belarus, the Crimea, Kherson, Zaporizhzhya, Donetsk, and Luhansk regions of the Ukraine. The list will change from time to time.
    • from (buyer and ultimate recipient-if different from buyer) acknowledges that the seller has the right to audit the location and appropriate use of the provided items. The Ultimate recipient will provide, upon request by Roche, all required documentation and justification necessary to allow a reasonable level of assurance to Roche.
    • from (buyer and ultimate recipient-if different from buyer) also represents and warrants that, upon their request, it will provide a statement of receipt to (i) any authority competent to supervise the applicable export control and sanctions rules, including but not limited to the Secretariat for Economic Affairs and Export Control (SECO) of the Swiss Confederation, the Bureau of Industry and Security (BIS) and/or the Office of Foreign Assets Controls (OFAC), (ii) any competent national export control and sanctions authority of the European Union, including , but not limited to the German Bundesamt f?r Wirtschaft und Ausfuhrkontrolle (BAFA), HM Export Control Joint Unit and the Office of Financial Sanctions Implementations (OFSI).
    • Notwithstanding the foregoing, including if from (buyer and ultimate recipient-if different from buyer) is subsequently debarred or sanctioned by any relevant export control and sanctions authority or under any under any relevant national/international law, the seller reserves the right to reject and block buyer and/or ultimate recipient of different from buyer from any further business activities underlying this agreement with immediate effect.
    • (1) As listed under https://www.seco.admin.ch/seco/en/home/Aussenwirtschaftspolitik_Wirtschaftliche_Zusammenarbeit/Wirtschaftsbeziehungen/exportkontrollen-und-sanktionen/sanktionen-embargos/sanktionsmassnahmen/suche_sanktionsadressaten.html
      (2) As listed under https://www.un.org/securitycouncil/content/un-sc-consolidated-list
      (3) As listed under https://legacy.export.gov/csl-search and https://sanctionssearch.ofac.treas.gov/
      (4) As listed on the European Union Consolidated Financial Sanctions List under https://data.europa.eu/euodp/en/data/dataset/consolidated-list-of-persons-groups-and-entities-subject-to-eu-financial-sanctions
      (5) As listed under https://sanctionssearchapp.ofsi.hmtreasury.gov.uk/
      (6) Restricted country list defined based on legislation applicable on April 3rd, 2023

      Equipment and purchase information

      Equipment Information:

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      Buyer Name (Legal Entity name):

      Buyer Company:
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      Date: