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Question:
Is an export license required for Photon?
Answer:
Yes, however, if the video frame rate is factory set to be less than 10 frames per second, the Photon 640, 320, 160, 120, and 80 versions do not require an export license. An example of “slow” Photon imagery can be seen here.
Otherwise, export of Photon 320, 160, 120, and 80 “full-rate” cameras is under the jurisdiction of the U.S. Department of Commerce. In most cases, FLIR / Indigo will apply for the export licenses. In order to obtain an export license, the ultimate consignee or end user of the infrared product must furnish an end-use statement on company letterhead to FLIR / Indigo. The end user must also complete a BIS-711, Statement by Ultimate Consignee and Purchaser. This form is available on the internet at http://www.bis.doc.gov/Forms/FormsList.html. Quoted delivery times are based upon receipt of the validated export license from the Dept. of Commerce, which takes 8-10 weeks on average, depending on the end-use application, completeness of the end-use statement, and verification of the end-user.
The International Traffic in Arms Regulations (ITAR) details the regulations governing the export of defense related materials and technologies. The U.S. Munitions List (USML) categorizes goods and technologies governed by the ITAR.
In June 2008 the U.S. government made a determination that the Photon 640 will be USML classified under the ITAR. As a result, the Photon 640 and related technical data and information are controlled for export purposes to the ITAR. Photon 640 data provided at this web site has been approved for public release, and is not export-controlled. It is a violation of the ITAR to export or re-export the Photon 640 or related technical data (other than data approved for public release) without first receiving authorization to do so from the U.S. Department of State. This restriction does not apply to the “slow video” versions of Photon 640 that operate at frame rates of less than 9Hz.
Due to the Photon 640’s export status, any purchase, receipt, and/or use of any Photon 640 camera or technical data (other than data approved for public release) is contingent upon an agreement to abide by all export laws and regulations of the United States, including, without limitation, the ITAR. Further, it must be acknowledged that export or re-export of the Photon 640 or related technical data (other than data approved for public release) is not allowed without the requisite authorization from the Directorate of Defense Trade Controls of the Department of State.
In addition, § 122.1 of the ITAR states that “any person in the U.S. who engages in the business of either manufacturing or exporting defense articles or furnishing defense services is required to be registered with the Directorate of Defense Trade Controls (DDTC).” It is the responsibility of any organization that buys, receives, and/or uses a Photon 640 to register with DDTC in such cases.
Violations of the ITAR are extremely serious and can result in fines, debarment, and criminal sanctions. Please direct any questions or concerns regarding the export status of the Photon 640 to Krista Larsen, FLIR’s Director, Export Compliance Traffic, at (503) 498-3316.
Again, ITAR compliance for the Photon 640 applies to the full-rate (30Hz & 25Hz) versions of the camera, and does NOT apply to the “slow video” versions that operate at frame rates of less than 9Hz.
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