Non-Re-Exportation to Russia and/or Belarus 1. Background 1.1 The European Union/EU have issued numerous sanctions regulations targeting Russia and Belarus, such as Council Regulations (EU) No 833/2014 of 31 July 2014 and (EC) 765/2006 of 18 May 2006, as amended inter alia through Council Regulations (EU) 2023/2878 of 18 December 2023 and (EU) 2024/1865 of 29 June 2024 respectively (hereinafter jointly referred to as the “ Amending Regulations ”). 1.2 All Scania-branded and other products supplied by Scania under the Agreement (hereinafter referred to as “ Scania Products ”) are ultimately sourced from Scania CV AB as incorporated in Sweden within the EU. 1.3 The Amending Regulation contains mandatory requirements for EU entities selling, supplying, transferring or exporting goods to certain countries (including the geographical scope of the Agreement) to introduce contractual safeguards against re-exportation to Russia and/or Belarus as well as re-exportation for use of supplied products in Russia and/or Belarus. Scania CV AB therefore does not accept any such re-exportation. 1.4 In light of the above, the Buyer acknowledges, accepts and agrees to all of the below provisions with regard to re-exportation safeguards and restrictions, rights of inquiry and audit, remedies and sanctions, and related matters around all and any Scania Products (hereinafter jointly referred to as the “ No-Re-Exportation Clauses ”). 2. Re-Exportation Safeguards and Restrictions 2.1 The Buyer represents, warrants and undertakes that regardless of country of manufacture, export or other origin of Scania Products; a) the Buyer will not (whether directly or indirectly) re-export any Scania Product; i) to Russia or Belarus, defined as the Scania Product being delivered in Russia or Belarus, or sold to a legal entity or an individual registered and/or located/residing in Russia or Belarus, or sold to a legal entity which is more than 50 % controlled by another legal entity or an individual registered and/or located/residing in Russia or Belarus; or ii) for use in Russia or Belarus, defined as the Scania Product being registered in Russia or Belarus or used predominantly for domestic traffic in Russia or Belarus; b) the Buyer will include non-re-exportation restrictions corresponding to the No-Re-Exportation Clauses in all and any of its own agreements for transferring (if so permitted by the Agreement) a Scania Product to a subsequent buyer; c) the Buyer shall, if so required and requested at any time by Scania CV AB or Scania in connection with the Agreement or specific orders for Scania Products thereunder, submit relevant end-user statements according to Scania CV AB-approved formats as confirming that no restricted re-exportation will occur; d) the Buyer shall immediately notify Scania of any breaches and incidents occurring on the Buyer’s side, and also of any conduct generally by any third party which could frustrate the purposes of the No-Re-Exportation Clauses.
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