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Terms, Policies, and International Trade Compliance


Terms and Policies

The following documents outline standard terms and conditions for the sale of goods and services.

Terms and Conditions of Sale

Terms and Conditions of Purchase

Supplier Code of Conduct:

The Phoenix Company of Chicago, Inc. is committed to complying with all applicable laws and regulations in a manner that reflects the highest standards of ethics and integrity in our business conduct.

Our company ethics policies, procedures and practices reflect our strong commitment to good corporate business values.

We view these as the essential standards underlying our approach to doing business and have expectations that our product and service provider policies align and comply with U.S. Government regulations that strictly prohibit engaging in any form of human trafficking related activities.

We ask that you carefully review these polices to ensure compliance and understand your company’s responsibility in taking action to report any human trafficking concerns or violations within your supply chain.

We appreciate your support in doing your part to maintain an ethical business environment.

Code of Business Conduct and Ethics

International

REACH

REACH (Registration, Evaluation, and Authorization of Chemicals) is a European Union Regulation that involves hundreds of chemicals and materials (EC1907/2006).  The aim of REACH is to protect human health and the environment through the identification of inherent properties of chemical substances and materials. 

Article 7(1) of REACH requires any EU article producer or importer to submit a registration for any of the substances if both of the following conditions are met: (1) the substances are intended to be released from the articles during normal and reasonably foreseeable conditions of use and (2) the total amount of the substances present in those articles exceeds 1 tonne per year per producer or importer.  None of the conditions above are applicable to Phoenix, therefore Phoenix does not have direct registration requirements under Article 7(1).

Article 7(2) of REACH requires any EU producer or importer to submit a notification if the substances in articles meet all of the following conditions: (1) a “substance of a very high concern (SVHC) is included in the candidate list for authorization and (2) is present in those articles in an amount totaling over 1 tonne per year per producer or importer, and (3) the substance is present in articles above concentrations of 0.1% weight by weight (w/w)”. Because Phoenix does not manufacture products in quantities outlined in condition (2), Phoenix currently does not have direct notifications requirements under Article 7(2). 

Article 33 of REACH requires that any EU producer or importer informs the recipient if an article supplied contain SVHC in a concentration above 0.1% (w/w). This requirement came into effect on October 28th, 2008 when the first SVHC “Candidate List” was published by the European Chemical Agency (ECHA), which is regularly updated.

Some of Phoenix’s products contain SVHC beyond currently specified limits.  As a result of regular edits to control lists, Phoenix’s products may contain SVHC beyond limits at any particular iteration of the regulation.

For product specific information, please contact: envirocompliance@phoenixofchicago.com

ROHS

The RoHS Regulation implemented the provisions of the European Parliament and of the Council Directive of 27 January 2003 on the Restriction of the use of certain hazardous substances in electrical and electronic equipment (Directive 2002/95/EC) in order to protect human health and the environment by controlling the amount of toxic substances used in new equipment. RoHS 2 (Directive 2011/65/EU) was implemented June 8, 2011.  RoHS allows certain exemptions, subject to period revisions, for particular materials which are occasionally reviewed and/or revised, as found in Annex III of the RoHS legislation.

For product specific information, please contact: envirocompliance@phoenixofchicago.com

Domestic

Proposition 65

Proposition 65, a.k.a. Safe Drinking Water and Toxic Enforcement Act of 1986, is a Californian environmental regulation designed to protect the state’s drinking water sources from contamination with chemicals harmful to human health. Proposition 65 prohibits certain activities within the state of California and requires labeling of items that, through the course of human use, could expose a person to listed harmful chemicals. Phoenix does not operate in California, does not conduct business in any way controlled by this regulation and none of our products meet the requirements for labeling/warning notices.

Conflict Minerals

Section 1502 (“Conflict Minerals Statutory Provision”) of the Dodd-Frank Wall Street Reform and Consumer Protection Act restricts use and requires reporting of use of “Conflict Minerals” from “Covered Countries”.  The purpose of this rule is to further the humanitarian goal of ending the violent conflict in the Democratic Republic of Congo (“DRC”), which has been partially financed by the exploitation and trade of conflict minerals originating in the DRC.

“Conflict Minerals” are defined as tantalum, tin, gold or tungsten.  “Covered Countries” is defined as countries having an internationally recognized border with the DRC.  These include the following: Angola, Burundi, Central African Republic, Republic of the Congo, Rwanda, South Sudan, Tanzania, Uganda, and Zambia.

The regulations require issuers to conduct a ‘reasonable country of origin inquiry’ to determine whether any of its minerals originated in the covered countries.  As Phoenix is not subject to the reporting requirements to the SEC under the Exchange Act, Phoenix is not required to submit reports regarding its use of Conflict Minerals to the SEC.  However, Phoenix will provide information to customers to satisfy their efforts to conduct a reasonable country of origin inquiry. Important to note is the distinction between requirements in the legislation and industry trends utilizing solicitation forms designed by consulting groups which far exceed regulatory requirements.  The legislation requires a ‘reasonable country of origin’ inquiry and a negative finding (i.e. ‘these items did not originate in Covered Countries’) rather than affirmative disclosure of supply chains via smelter identification. 

For more information, please contact: itc@phoenixofchicago.com.

International Trade Compliance

The Phoenix Company of Chicago is committed to the highest standards of ethical conduct and to conducting international business in full compliance with all pertinent laws, regulations, and policies governing the export and import of defense articles, services, technical data, dual use commodities, controlled technologies, and commercial commodities.

The Phoenix Company’s international business will be conducted in accordance with corporate policies and within the terms, conditions and provisos of all export licenses and other approvals issued by the U.S. Government. The regulations most encountered include, but are not limited to, the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), Foreign Assets Control Regulations (FACR), and Customs Duties Regulations. Phoenix also maintains free trade agreement compliance programs to assist our customers in duty reduction initiatives. Phoenix’s international trade compliance program is designed to streamline the international traffic of goods and services while preventing violations, ensuring timely identification of possible violations and implementing effective, prompt resolution and corrective action.

International Traffic in Arms Regulations (“ITAR”) and Export Administration Regulations (“EAR”)

ITAR controls exports of specified items and related technical data of particular military capability, and Classified articles/technical data as listed in the United States Munitions List (USML). The Export Control Reform Initiative modified ITAR and EAR to lessen controls on less sensitive items and components (for more information:https://2016.export.gov/ecr/index.asp). Consequently, none of Phoenix Company of Chicago’s products are currently under ITAR jurisdiction, therefore Phoenix is not currently registered with DDTC.

EAR controls exports of specified military, dual-use and commercial items as listed in the Commerce Control List (“CCL”). While EAR license requirements are more permissive than those of ITAR, licensing is still required in some scenarios.

For specific information, please contact: itc@phoenixofchicago.com

Foreign Assets Control Regulations (“FACR”)

FACR is designed to prevent support, material or immaterial, to person(s) and organizations who have been sanctioned by the United States and its allies.  OFAC enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States.  Phoenix will not engage in business with prohibited person(s)/organizations without specific authorization.

Customs Duties Regulations and Trade Agreements

Customs and Border Protection (“CBP”) and Department of Homeland Security (“DHS”) are responsible for securing and facilitating trade and travel while enforcing hundreds of U.S. regulations, including immigration and drug laws.  CBP acts as the enforcement arm for imports and exports regulated by other U.S. government agencies as well as administering the Customs Duties Regulations. Phoenix’s trade compliance program is designed to provide accurate and timely trade related data, maintain compliance with relevant regulations and assist our customers in reducing duties where applicable via U.S. free trade agreements.

For specific information, please contact: itc@phoenixofchicago.com