Moving Goods, Raw Materials, Equipment and Technology

CODE PRINCIPLES

To protect national security and foreign policy goals, the countries in which we operate regulate the transportation of goods, raw materials, equipment and technology across borders. Customs duties, taxes and fees are also applied on the importation of such items.

  • We comply with all applicable import/export controls, sanctions and customs laws and regulations.
  • We ensure that classifications, valuations, licenses, labelling and supporting documentation are accurate, complete and appropriately maintained.
  • We only transport goods, raw materials, equipment and technology when authorized to do so.
  • We do not ship to individuals, companies or countries if we know or suspect that such activity will violate import, export or sanctions laws or regulations.
  • We prohibit our customs brokers, freight forwarders and other logistics providers from engaging in bribery, including facilitation payments, on Albemarle’s behalf.

Our Code Principles in Action

  • Use SAP Transportation Management/Global Trade Services when shipping Albemarle finished goods, raw materials, samples, equipment and technology in the ordinary course of business. Shipments of these items outside of SAP is prohibited.
  • Consult with Global Trade Compliance Operations in the following situations:
    • You are unable to process your shipment within SAP.
    • You intend to ship anything outside of the ordinary course of business (e.g. equipment, gifts, intellectual property, marketing or other printed material, technology) to someone in another country.
    • You intend to send or provide access to controlled technology, including hardware, software and data, to:
      – Colleagues or third parties in other countries; or
      – Anyone who is not a citizen or a permanent resident in your own country.
    • Traveling to other countries with:
      – Goods, raw materials or technical equipment; or
      – A laptop or phone containing controlled technology, including information that is deemed controlled technology.
    • You know or suspect that:
      – Albemarle products are being supplied or delivered to sanctioned countries or individuals and companies on restricted parties lists;
      – End customers will use Albemarle products for prohibited end-uses, such as terrorist activity or the development of weapons or other military
      – End Customers will divert and re-export products.
    • A customs or other government agency requests information from, or initiates any other contact with, Albemarle.
  • Follow the Code (Engaging with Government Officials) when dealing with customs agencies, port authorities and other government agencies.
  • Only Global Trade Compliance Operations is authorized to provide material classification such as Harmonized Tariff Schedule and Export Control Classification Number.
  • Customs brokers, freight forwarders and other logistics providers who engage with government officials on Albemarle’s behalf are examples of Compliance Sensitive Vendors. Obtain pre-approval in accordance with the Global Procurement Policy and Compliance Sensitive Vendor Procedure before:
  • Only the following are authorized to complete import/export declarations:
  • Follow the Guidance on Effective Monitoring of Vendors, and immediately contact the Legal Department or Global Ethics & Compliance if you suspect a vendor is acting in violation of applicable law, this Code or our Core Values.

DEFINED TERMS

Compliance Sensitive Vendors

Vendors who:

  •  you know, or suspect, are directly or indirectly owned by a government official or a close relative of a government official;
  • will, or may, engage with a government official with or on behalf of Albemarle; or

are recommended by a government official (including employees of a state-owned enterprise).

Controlled Technology

Hardware, software, documentation, technology or other technical data (or any products that include or use any of the foregoing) the export, re-export or release of which to certain jurisdictions or countries is prohibited or requires an export license or other governmental approval, under any Law, including the U.S. Export Administration Act and its associated regulations.

Intellectual Property

includes intangible assets such as processes, compositions of products, other technologies, customer lists, production strategies, and the like, which are trade secrets known only to Albemarle, and provide Albemarle with a competitive advantage. Patents, copyrights and trademarks, which Albemarle has the right to exclude others from using, are also intellectual property. Any aspect of daily operations at Albemarle, in an office lab or manufacturing facility, should be considered to be Albemarle’s intellectual property.

Import/Export Controls Laws

Laws and regulations, which regulate the movement of specific items across national borders. For example, export control laws may require a license to be obtained or otherwise prohibit (whether a license is required depends on the classification of the item to be exported, the intended destination, and the intended end use as well as end user):

  • any export or re-exports of specific items listed on various ‘controlled lists’ maintained by the United States, the European Union and other countries. These items are often capable of being used in military applications, i.e., they are dual use items that have a predominantly commercial end use but that also have some military utility, which is why their export is restricted;
  • transfer of controlled technology, including via email and other online or physical means; and
  • exports (and temporary imports) of defence-related articles, technical data, and services
Sanctions Laws

Sanctions laws consist of a wide range of political and/or economic measures to influence the decisions and behaviour of a particular country’s regimes, individuals, or groups.  They may be comprehensive, prohibiting commercial activity with a country (absent a license), or targeted, blocking transactions of and with specific businesses, individuals, or groups. Generally, these laws, regulations, and compulsory measures directly or indirectly restrict trade or other dealings, e.g., financial restrictions with particular countries, regimes, entities and/or individuals. For example, trade sanctions laws may prohibit:

  • imports from or exports to a sanctioned country or region (e.g. Cuba, Iran, Syria, North Korea, or Crimea);
  • exports/imports or other dealings in property originating from a sanctioned country, or other transactions and/or dealings, directly or indirectly, with sanctioned governments, individuals or entities, such as designated terrorist groups; or
  • U.S. persons from approving, financing, facilitating, or guaranteeing any transaction by a foreign person where that transaction would be prohibited if performed by a U.S. person.

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