ITAR/EAR Restricted Items & Export Compliance Policy

Last Updated: 3/12/2025

1. Introduction

On Point Optics operates in compliance with all applicable U.S. export control laws and regulations, including but not limited to:

• The International Traffic in Arms Regulations (ITAR), administered by the U.S. Department of State, Directorate of Defense Trade Controls (DDTC) – View ITAR Regulations (22 C.F.R. Parts 120-130);

• The Export Administration Regulations (EAR), administered by the U.S. Department of Commerce, Bureau of Industry and Security (BIS) – View EAR Regulations (15 C.F.R. Parts 730-774); and

• The economic and trade sanctions programs, administered by the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC) – View OFAC Regulations.

Customers are required to read and understand the following policies regarding export compliance and restrictions before purchasing any controlled item from On Point Optics.

 

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2. Export Restrictions and Compliance Requirements

The sale, transfer, transportation, or shipment of restricted items outside of the United States is strictly prohibited unless fully compliant with applicable U.S. export control laws and regulations, including obtaining any required export licenses, documentation, or authorizations from the appropriate U.S. government agencies.

Any attempt to export, re-export, or transfer controlled products without proper authorization may result in severe civil and criminal penalties under U.S. federal law.

On Point Optics will not engage in, support, or facilitate any transaction that would result in the unauthorized export or re-export of restricted products. Additionally, an Automated Export System (AES) filing may be required regardless of whether the exportation requires a license.

If a Customer intends to purchase an item for ultimate shipment, use, or transfer outside of the United States, the Customer must indicate this at the time of purchase. On Point Optics may be required to obtain an export license based on:

• The value of the order;

• The specific items being purchased;

• The end user of the products;

• The country of ultimate destination; and

• The end-use of the products.

Certain products sold by On Point Optics require an export license, including but not limited to:

• Generation 2, 3, and 4 Night Vision Equipment and Accessories;

• Thermal Imaging Equipment and Heat Seekers;

• Optical Sighting Equipment, Tactical Lights, and Mounting Hardware;

• Tactical Gear and Firearm Accessories;

• Knives;

• Military Apparel, Body Armor, Helmets, and Shields;

• Certain Laboratory Equipment and Electronic Devices.

Further details regarding APO/FPO shipping and export restrictions can be found in our APO/FPO Shipping and Export Restrictions Policy [Insert Link].

 

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3. International Traffic in Arms Regulations (ITAR) Compliance

Certain items sold by On Point Optics are classified as defense articles under ITAR (22 C.F.R. Parts 120-130) and are subject to strict export control laws. These items cannot be exported, re-exported, transferred, or disclosed to any foreign person, entity, or government without prior written authorization from the U.S. Department of State, DDTC.

By purchasing any ITAR-restricted item, the Customer certifies that:

1. The purchase does not require On Point Optics to export such items unless On Point Optics is aware of the export and has obtained proper U.S. government authorization.

2. The Customer does not intend to export, re-export, transfer, sell, or furnish the item(s) to any foreign person, foreign entity, or foreign government (including foreign embassies within the U.S.) without the appropriate U.S. government export authorization.

3. The Customer acknowledges that a foreign person under ITAR § 120.16 includes:

• Any individual who is not a U.S. citizen or lawful permanent resident;

• Any foreign corporation, business association, or entity;

• Any international organization, foreign government, or diplomatic mission.

4. The Customer certifies that they are a U.S. Person as defined under ITAR § 120.15, meaning the Customer is:

• A U.S. citizen or lawful permanent resident;

• A corporation or business entity incorporated in the U.S.;

• A governmental entity (federal, state, or local).

Any violation of ITAR regulations may result in significant criminal and civil penalties, including imprisonment and fines exceeding $1,000,000 per violation.

 

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4. Export Administration Regulations (EAR) Compliance

Certain items sold by On Point Optics are subject to Export Administration Regulations (EAR) (15 C.F.R. Parts 730-774) and may require U.S. government authorization for export or re-export.

By purchasing any EAR-restricted item, the Customer certifies that:

1. The purchase does not require On Point Optics to export such items unless On Point Optics is aware of the export and has obtained proper U.S. government authorization.

2. The Customer does not intend to export, re-export, or transfer the item(s) after receipt from On Point Optics without the appropriate U.S. government export authorization.

Violation of EAR regulations may result in criminal prosecution, monetary fines, and denial of export privileges.

 

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5. Prohibited Transactions and Sanctions Compliance

Customers must ensure compliance with:

• U.S. Department of State - Directorate of Defense Trade Controls (DDTC)

• U.S. Department of Commerce - Bureau of Industry and Security (BIS)

• U.S. Department of the Treasury - Office of Foreign Assets Control (OFAC)

On Point Optics reserves the right to request end-user and end-use certifications for any controlled product.

This policy is subject to change at any time in compliance with updated U.S. export control laws.