FAR 52.204-24

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

Per FAR 52.204-24,  (d) Representation. Hak5 LLC, the Offeror represents that—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

FAR 52.204-25

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

Per FAR 52.204-25, Hak5 LLC represents that it will not provide "Covered telecommunications equipment or services" as that term is defined in FAR 52.204-25 to the Government in the performance of any contract, subcontract or other contractual instrument resulting from a solicitation.

NDAA 889(a)(1)(B)

Prohibition on Contracting With Entities Using Certain Telecommunications and Video Surveillance Services or Equipment (FAR Case 2019-009)

Hak5 LLC product(s) in are not manufactured by, contain components manufactured by, or receive substantial influence from entities prohibited by Section 889 of the 2019 NDAA. These entities include the following companies and any of their subsidiaries or affiliates:

• Hytera Communications Corporation
• Huawei Technologies Company
• ZTE Corporation
• Dahua Technology Company
• Hangzhou Hikvision Digital Technology Company

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Authorized Resellers

All Hak5 LLC authorized resellers are subject to the terms of service and compliance rules set forth in these policies. 

Export Compliance

Exports, re-exports and transfers of Hak5 products and technology are subject to control under the Export Administration Regulations ("EAR"), as administered by the U.S. Department of Commerce's Bureau of Industry and Security ("BIS"). Diversion of Hak5 products and technology contrary to U.S. law is prohibited. Depending on where you reside, additional import or export requirements may apply.

The export or re-export of items that are subject to the EAR to an embargoed or sanctioned destination (Cuba, Iran, North Korea, Sudan, and Syria) without a valid license or license exception is prohibited. Further, the U.S. Department of Treasury's Office of Foreign Assets Control may impose additional controls on exports, re-exports, or transfers to these destinations.

Exports to entities listed on a U.S. government denied party/prohibited end-user list may be prohibited or proceed only if they have been licensed. Further information on these lists may be found here. In addition, exports that support the design, development, or production of biological, chemical, or nuclear weapons, or missile proliferation, are prohibited without prior U.S. government authorization.

Please note that the information set forth on this web page is provided for general reference purposes only. It is not intended to constitute legal guidance, and the information contained herein is subject to change at any time by the BIS or other U.S. government authorities. Please consult the EAR, or contact the BIS, for further details on U.S. export control and licensing requirements.

Product Export Classification and Licensing Definitions

Following are definitions of key terms that relate to the export classification and licensing of Hak5 products and technology. If you have a question about how an Hak5 product has been classified for export, please refer to the Export Product Classification Guide or contact our Export Compliance team at exportcompliance@hak5.org.

ECCN: The Export Control Classification Number, or ECCN, is the U.S. term for an export classification code. An ECCN identifies the relevant category and paragraph of a classification, as they are maintained under the EAR's Commerce Control List.

Typically, Hak5 products are classified under one of the following ECCNs:

5A992(c): Equipment not controlled by 5A002. (c) – Commodities classified Mass Market – 740.17(b)

5D992(c): Software that has the characteristics, or performs or simulates the functions of the equipment controlled by ECCN 5A992(a), but which does not meet the characteristics of ECCN 5A002.

License Exception: A license exception is an authorization that allows the export or re-export of items subject to the EAR without first obtaining an export license under certain specified conditions. Most Hak5 products may be exported under License Exception ENC, as set forth under Section 740.17 of the EAR.

ENC-Unrestricted: Refers to products that may be exported or re-exported under License Exception ENC to government or non-government end users in all countries, except embargoed or sanctioned countries.

Mass-Market Encryption: Refers to products that meet the following characteristics:

1. Generally available to the public by being sold, without restriction, from stock at retail selling points by means of any of the following:
1. Over-the-counter transactions;
2. Mail order transactions;
3. Electronic transactions (e.g., Internet); or
4. Telephone call transactions.
2. The cryptographic functionality cannot be easily changed by the user;
3. Designed for installation by the user without further substantial support by the supplier; and
4. When necessary, details of the items are accessible and will be provided, upon request, to the appropriate authority in the exporter's country in order to ascertain compliance with the conditions described in paragraphs (a) through (c).

ENC Reporting: Refers to the annual reporting requirement, as set forth under the Section 740.17(b)(1) of the EAR, for exports to all destinations other than Canada, and for re-exports from Canada for certain encryption items.

Export Product Classification Guide

Availability

Hak5 LLC products and technology are only available to BIS recognized license exception ENC favorable treatment countries pursuant to US 15 CFR Supplement No 3 to Part 740.