Instructions for completing Undertaking/Letter of Assurance (loa) forms


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Instructions for completing Undertaking/Letter of Assurance (LOA) forms

  1. This form is for items that will be exported outside of the United States, Canada, New Zealand, Japan, Australia, Norway, or the European Union. This includes items which will be indirectly sent outside of the above locations. Example: Items will be sent to Germany, and then re-exported to China. Items will be sent to a U.S. address, but re-exported to Brazil.

  2. This form serves as validation for the use of export licenses and permits obtained by Barracuda Networks to export items. Customers, distributors and resellers may have additional import permits or local requirements which are their sole responsibility.

  3. This form is good for a maximum of one year for sales of hardware, or the term of the contract for virtual software or continuing software renewal services.

  4. The name of the company who will possess/use the property. In example, if the reseller or distributor will keep the item, they can sign the form.

  5. Use of Letterhead: Please have customer use letterhead as applicable. If the customer has a PO Box on their letterhead, please have them disclose a physical address on the form.

  6. Describe the “goods” or product to be purchased, generally, e.g. Spam and Virus Firewall, NG F200, Web Filter, or model number or name.

  7. Indicate if goods/products will be for your company, for sale to another company, for a government order.

  8. Please check the primary business type of the end user. Examples: Pam’s Frozen Yogurt sells ice cream products. They are privately owned and would be considered “civilian.” A distributor, who may sell to military, government, and civilian entities, is themselves a civilian or private company, so “civilian” is checked. A government agency that is in charge of rural agricultural development would have the “government” box checked. The Naval Academy of Canada would select “military.”

  9. Many export licenses require that the use of a “dual use item” like Barracuda’s appliances be disclosed when a sale to a military or government agency is made. The “end use” question is intended to discern if the Barracuda appliance will be used to support chemical, nuclear, or biological weapons proliferation, development, design or distribution. A simple statement about how the appliance will be used will help barracuda to use the correct export license or permit. Example: “The Spam and Virus Firewall will be used by the Algerian Government Coconut Promotion Agency for operations and website security.” “The military veteran’s hospital will use the SSL-VPN appliance to protect and transmit patient records.”

  10. A. The annual agreement will cover any orders made within a twelve month period. Any hardware items ordered after the twelve month period will require another Undertaking/LOA.




  1. Software, technology, and renewals will be covered under the initial order. A renewal may be covered for the entire length of the contract, e.g. two, three, four, five years, etc.




  1. A single shipment authorization will cover a single transaction or order. The Undertaking/LOA may need to be signed again for future orders.



  1. Signature of the person empowered to sign for the copy. Initial hardware orders that are to ship from the European Union will require an original signature. Other locations/regions may send an electronic copy of the signature.




  1. Full first and last name of the person who signed the document.




  1. The job title or position of the person signing the document, e.g. “President.” “Legal Counsel.”




  1. Date that the item is signed




  1. Name of the company refers to the end user company name




  1. All original documents to be sent to: Barracuda Networks UK Ltd., Brunel House, Stephenson Road, Houndmills, Basingstoke RG21 6XR Tel: +44 (0) 1256 300 100. Scanned or faxed copies are not accepted by the UK government.


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Undertaking/Letter of Assurance

Please place this form on your company letterhead.
I/We (name and address of person, firm or company) ___________(4)___________________________certify that the goods or services, including renewals, and technical support shown below have been ordered from Barracuda Networks. Instructions for completing this form at: www.barracuda.com/tradecompliance;“General Undertaking/LOA Instructions.”

End User Street Address, City, State, and Country, if different than address on letterhead. Please use the addresses where products may be delivered (multiple addresses okay if they are in the same country.) (NO PO BOXES):_____(5)__________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

The goods to be supplied from Barracuda Networks may include Barracuda E-Mail Security Products (Spam, E-Mail Security Services), Web Security (Web Filter, Web Security Service), Network Security Products (Firewalls, SSL-VPN), Web Application Security products, Integrated Virtualization platforms (Security Suite), Data Protection (Backup, Archiving products) , File Sync and Sharing, Load and Link Balancing, Access Controls, and Network and Access Controls products.
The items are for the following purpose(s):_______(6)_________________________________________________________
Please select one of the following: (7)

  1. *I/We also certify that the goods above are for *my/our own use and will not be re-exported

or

*I/We also certify that we intend to sell the goods above to bona fide customers in (name of countries______________________________________________________) and they will not be re-exported.

or

*I/We certify that the goods above are for supply direct to the [name of country___________________] Government against Government Purchase Order/Contract Number [__________________________ ]."
2. (8) Type of Business (Check applicable): Civilian ___ *Military ____ *Government ____

*If military or government, please describe the function of the government entity using the device) ____________(9)_____________________________________________________________________________________ _________________________________________________________________________________________________
3. Signing this document confirms the following:

(10)

*I/We confirm that the goods above will not be used for purposes associated with chemical, biological or nuclear weapons or missiles capable of delivering such weapons, nor will *it/they be resold if *I/we know or suspect that *it/they are intended or likely to be used for such a purpose.
*I/We confirm that the items above will not be re-exported or otherwise re-sold or transferred to a destination subject to UN, EU or OSCE embargo where that act would be in breach of the terms of that embargo;
*I/We confirm that the items, above or any replica of them, will not be used in any nuclear explosive activity  or unsafeguarded nuclear fuel cycle‡.
Products and technical information provided by Barracuda Networks are subject to the applicable export laws and regulations of the United States (“U.S.”), as well as other countries where such products and technical information are located. Barracuda products may not be transferred to any of the U.S. embargoed countries including Cuba, Iran, North Korea, Sudan, Syria, or the Crimean Region, to any party denied export privileges by the local government in which this transaction occurs, or by the U.S. government, unless applicable U.S. and local export authorizations (permits, licenses) have been obtained. Goods will not be re-exported or otherwise re-sold or transferred to a destination subject to UN, EU or OSCE embargo where that act would be in breach of the terms of that embargo.

Signed………………………(11)….............………………............ Name……………(12)……………………………….........................

(BLOCK CAPITAL LETTERS)
Status /Job Title: ………………(13)……………………………........... Date: ………………(14)………………………………......................
Company Name: ...................(15).......................................


*This document will be valid in the European Union for one year from the date of signature for hardware shipments. A new undertaking will be required annually if the items will ship from the EU. The document will not expire for U.S. purposes.
An up-to-date list of applicable destinations subject to arms embargoes can be found https://www.gov.uk/current-arms-embargoes-and-other-restrictions; includes research on or development, design, manufacture, construction, testing or maintenance of any nuclear explosive device or components of subsystems of such a device.

includes research on or development, design, manufacture, construction, operation or maintenance of any reactor, critical facility, conversion plant, fabrication plant, reprocessing plant, plant for the separation of isotopes of source or special fissionable material, or separate storage installation, where there is no obligation to accept IAEA safeguards at the relevant facility or installation, existing or future, when it contains any source or special fissionable material; or of any heavy water production plant where there is no obligation to accept IAEA safeguards on any nuclear material produced by or used in connection with any heavy water produced therefrom; or where any such obligation is not met

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