1.0 Executive Summary
This document describes the importance of restricted party screenings, the process for notifying JMP Departments when a current JMP customer has been identified as a sanctioned party, and the steps JMP must take to meet export compliance regulations.
Export compliance entails that companies are following the rules and regulations established by the U.S. government. Among those rules is a restriction on doing business with entities or individuals the government deems dangerous to U.S. interests. Because Software is an export-controlled technology, JMP must perform restricted party screenings on any third party with whom it interacts.
The U.S. Departments of State, Commerce, the Treasury, and other federal agencies each maintain lists of sanctioned parties. Restricted party screenings verify whether a company, university, individual, or country has had its export privileges revoked and is listed on any of the federal sanctioned party lists. These screenings are significant in trade compliance and enhance efforts to prevent or restrain U.S. export control law violations.
JMP needs to perform restricted party screenings, as JMP is responsible for ensuring that its Software does not end up in the hands of any individual or company on any sanctioned party lists. Failure to comply violates U.S. law and may result in civil or criminal prosecution, significant penalties, denial of export privileges, and a negative impact on JMP's reputation and business.
2.0 Scope
Example: This procedure is maintained and administered by the JMP Legal Department, and it applies to all JMP employees.
3.0 Definitions
3.1 Documentation: The official user documentation that JMP may make available for Software either via jmp.com/support or a portal provided by JMP.
3.2 JMP Departments: The listed departments below within JMP that may interact with a customer or provide the customer with access to Software or Documentation.
Sales: Account Executive, Inside Sales, & Systems Engineer assigned to the sales
Technical Support: Sr. Manager:
IT Software Development: Sr. Manager
Marketing: Senior Director
Education: Sr. Manager
Business Operations: Director
Digital Operations: Director
User Enablement: Director
Finance: Sr. Director
3.3. Product Authorization Code: A code that enables the Software to operate for the applicable annual license period.
3.4. Sanctioned Party: An individual, company, country, or organization prohibited by federal law to receive export-controlled items, information, or technology.
3.5. Software: JMP software, including its embedded subcomponents, licensed to customer under a Universal Terms Order Form, or accessed by customer in a system.
3.6. Universal Terms Order Form: The agreement entered into between a customer and JMP that sets forth the terms and conditions for the license of the software offering(s).
4.0 Procedure
4.1. When JMP Legal has identified a current JMP customer as a sanctioned party, it is imperative that all communication and access to JMP's Software and Documentation cease. While the customer has received a Product Authorization Code, JMP cannot prevent the Software from operating. Therefore, terminating access to the Software and Documentation is accomplished by JMP not renewing the customer's Software license.
JMP Legal will send the following notice of agreement termination to the customer:
____________ (“Customer”) and JMP Statistical Discovery LLC (“JMP”) entered into either a Universal Terms Order Form or JMP Software License Agreement, as applicable (the “Agreement”), that sets forth the terms and conditions for Customer’s license of certain JMP software.
Pursuant to the Termination section of the Agreement, JMP has terminated the Agreement due to Customer’s breach of the Export and Import Restrictions section of the Agreement. Further, in accordance with the Termination section of the Agreement, Customer will stop using the licensed software and delete any media, product authorization codes, or documentation provided by JMP.
4.2 The JMP Departments will receive the confidential email below from JMP Compliance, instructing them to refrain from all the listed activities.
The U.S. Government has identified ________ (Customer Name) as a sanctioned party and is prohibited from engaging in U.S. export transactions. Because JMP Software is an export-controlled technology, we are not able to do business with ________ (Customer Name). Therefore, JMP must take immediate actions to cut off all existing and future business with this customer, including:
- stop current contract negotiations.
- stop sales activities.
- stop marketing communications.
- stop providing any services, including technical support either by phone or electronic means, and cancel pending or new projects.
- cancel pending or new software orders, renewals, or upgrades.
- terminate all existing contracts.
- stop pre-renewal notices (futures).
- block technical support.
- block software and Documentation delivery.
- block setinit issuances.
- stop software updates, hotfixes, security patches, and other corrective code.
- stop any finance interactions, including any receipt of payments.
- cease all other interactions with the sanctioned entity, including but not limited to email and/or phone calls.
Failure to do so may result in JMP facing civil and criminal penalties.
Please respond to this email within 48 hours to confirm that you have received this notification and have taken the appropriate measures as it applies to your department.
