Import Procedures. The import of EU Protected Assets to the territory of the United States shall be subject to the laws of the United States, including laws administered or enforced by U.S. Customs and Border Protection (CBP). CBP shall, in accordance with applicable law and policy, exercise discretion regarding whether inspection of the subject items is necessary. The EU, in coordination with the Launch Service Provider, shall provide to the relevant U.S. agencies all information required under U.S. law to enable customs clearance of EU Protected Assets, including satisfaction of applicable licensing requirements. The United States shall provide the European Commission with information on the anticipated customs clearance procedures. In the event that CBP identifies a need to inspect a Galileo satellite or other EU Protected Assets, the CBP Point of Contact designated pursuant to Article 9 shall contact the ESA LSO and, to the extent practicable, ensure that the ESA LSO and/or his/her designees are present for such inspection. Any such customs inspection shall be conducted in accordance with applicable U.S. law, in a Secure Zone or other mutually designated facility on the Launch Base with security commensurate with the nature of the item(s) being inspected, and shall be carried out only to the extent necessary to ensure conformity with U.S. law. The ESA LSO may make a request to CBP that any inspection be paused to enable prior bilateral consultation between the European Commission and the U.S. Department of State. Absent immediate danger to human life or United States’ national security, CBP would expect to accommodate such a request.
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Sources: Security Agreement, Security Agreement