THE VIOLATIONS Sample Clauses

THE VIOLATIONS. This case involves the unlicensed and unlawful export to China of multiple versions of HSC software to test and operate an Electronic Engine Control (“EEC”) system for certain PWC helicopter engines, which were ultimately used in Chinese Z10 military attack helicopter prototypes. The conduct involved three violations of law. The first were export violations by PWC in connection with exports of a defense article, specifically, the software to test and operate the EEC system for 10 PWC helicopter engines that were used in a Chinese Medium Helicopter (“CMH”) development program. The exports were made in violation of the Arms Export Control Act (“AECA”), 22 U.S.C. § 2778(b)(2) and (c); the International Traffic in Arms Regulations (“ITAR”), 22 C.F.R. §§ 127.1 and 127.3; and the causing provisions of 18 U.S.C. §2(b). Three Z10 prototypes were built using PWC engines that contained HSC EEC software that had been specifically modified in the United States for use in the military helicopter application. Even though the engines themselves and the accompanying EEC hardware were dual-use items that could be lawfully exported to China, the EEC software was modified for the Z10 aircraft application and thereby became subject to the ITAR. As a result, the exports required a license from the Department of State, which was never sought and, if sought, would have been denied. The second violation was the making of false statements by UTC, PWC and HSC in two disclosure letters to the Department of State, in violation of 18 U.S.C. § 1001(a)(2). In the letters, UTC, PWC and HSC falsely stated that PWC understood from the inception of the program that civil and military variants of the CMH would be developed concurrently and in parallel from a common “platform” engine, transmission and rotor, when in fact employees in PWC’s marketing and export departments were aware from the start of the program that the Chinese were first developing a military version of CMH, with the civil version to follow at some future time. By the time the disclosures were submitted to the State Department, employees of HSC and a UTC division who were working on the disclosures had become aware that the statements concerning PWC’s understanding at the inception of the program were not accurate. The third violation was the failure of PWC and HSC to timely report to the United States Department of State’s Directorate of Defense Trade Controls (“DDTC”), as required by the ITAR, that a defense article (the ...
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Related to THE VIOLATIONS

  • WAGE VIOLATIONS Contractor represents and warrants as previously certified in Contractor’s Bidder’s Certification, that during the term of this Contract and the three (3) year period immediately preceding the award of the Contract, Contractor has not been determined, by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction, to be in willful violation of any provision of Washington state wage laws set forth in RCW 49.46, 49.48, or 49.52.

  • Repeat Violations ▇▇▇▇▇▇ agrees to comply with all regulatory requirements and acknowledges that repeat violations could result in increased penalties in the future.

  • No Violations Seller’s execution, delivery and performance of this Agreement and the other Transaction Documents to which the Seller is a party will not violate any provision of any existing law or regulation or any order or decree of any court or the Articles of Incorporation or Bylaws of Seller, or constitute a material breach of any mortgage, indenture, contract or other agreement to which Seller is a party or by which Seller or any of Seller’s properties may be bound.

  • Non-Violation The execution and delivery of this Amendment and the performance and observance by it of the terms and provisions hereof (a) do not violate or contravene its Organization Documents or any applicable Laws or (b) conflict with or result in a breach or contravention of any provision of, or constitute a default under, any other agreement, instrument or document binding upon or enforceable against it.

  • Reporting Violations A. When the District receives a written report of unsafe condition which poses a serious and immediate threat to the health or safety of any unit member, the District shall investigate the allegations and take appropriate actions in a timely manner. B. The individual bargaining unit member forwarding a written report of an unsafe condition may request information relating to action(s) taken as a result of his or her report pursuant to the California Public Records Act.