Free Kuehne Nagel Eei Form in PDF

D/F/M

Schedule B Number

(10 Digits)

Description of Goods

Quantity

Schedule B

Units

Value (USD)

Include Cost to Port of Export

ECCN / EAR99

License Authority

License Number

License Exception, NLR

Shipping WT

(KG)

Required Information

USPPI NAME -U.S. PRINCIPAL PARTY IN INTEREST (USPPI) - The USPPI is the person in the United States that receives the primary benefit, monetary or otherwise, of the export transaction. Generally, that person is the U.S. seller, manufacturer, or order party. Enter the USPPI name.

ADDRESS OF USPPI- Report the address or location (no post office box number) from which the goods actually begin the journey to the port of export. For shipments with multiple origins, report the address from which the commodity with the greatest value begins its export journey. If such information is not known, report the address in state in which the commodities are consolidated for export.

USPPI EIN (IRS) NO. or ID NO. - Enter the USPPI's Internal Revenue Service Employer Identification Number (EIN). An EIN can be obtained by calling the IRS at 800-829-4933 or applying online at <http:// www.irs.gov>. Non-business owners are allowed to obtain EINs for purposes of reporting EEI to the federal government. To obtain a DUNS number first obtain an EIN and then complete an application online at http:// www.dnb.com/us/. Regardless of the type of items being shipped or the shipping frequency any person/ entity that resides in the United States and ships goods to a foreign country will need to obtain an EIN.

PARTIES TO TRANSACTION - Indicate if this is a RELATED or NON-RELATED party transaction. A RELATED party transaction is a transaction between a USPPI and a foreign consignee, (e.g., parent company or sister company), where there is at least 10 percent ownership of each by the same U.S. or foreign person or business enterprise.

ULTIMATE CONSIGNEE - Enter the name and address of the foreign person, party, or designee that is located abroad and that will actually receive the merchandise for the designated end-use or the party designated as end-user on the export license. For overland shipments to Mexico, also include the Mexican state in the address.

INTERMEDIATE CONSIGNEE (If applicable): Enter the name and address of the party in a foreign country who acts an agent for the principal party in interest with the purpose of effecting delivery of items to the ultimate consignee or the party so named on the export license.

SHIPMENT DETAILS -Select Air or Ocean; Prepaid or Collect

AIR SHIPMENT LEVEL OPTIONS (if applicable)

POINT OF ORIGIN and if applicable FTZ NO. - If from a FTZ enter the FTZ number for items leaving the FTZ, otherwise enter the: two-digit U.S. Postal Service abbreviation of the state in which the merchandise actually starts its journey to the port of export, or State of the commodity of the greatest value, or State of Consolidation.

COUNTRY OF ULTIMATE DESTINATION - Enter the country in which the merchandise is to be consumed, further processed, or manufactured; the final country of destination as known to the USPPI at the time of export; or the country of ultimate destination as shown on the export license.

ROUTED EXPORT TRANSACTION - Check the appropriate “Yes” or “No” indicator depending upon whether goods are controlled by the Foreign Principal ( FPPI). If the FPPI is controlling the export from the U.S. select “Yes”. {Routed export transaction is a transaction in which the FPPI authorizes a U.S. agent to facilitate the export of items from the U.S. on its behalf and may authorize the U.S. agent or the USPPI to file the EEI).

SHIPPERS REFERENCE - Enter your reference number

IN BOND NUMBER (If applicable) - If in bond enter the code type: 36--Warehouse withdrawal for immediate exportation; 37- Warehouse withdrawal for transportation and exportation; 67- Immediate Exportation from a FTZ; 68-transportation and exportation from a FTZ. If not in Bond enter code 70.

IMPORT ENTRY NUMBER (If applicable)- Enter the Import Entry Number when the export transaction is used as proof of export for import transactions, such as In-Bond, Temporary Import Bond, or Drawback's and so forth.

HAZARDOUS MATERIALS - Check the appropriate “Yes” or “No” indicator

SHIPPER REQUEST INSURANCE (If applicable)

AES FILING -Select the applicable fields if USPPI files or KN to file and if KN is authorized by the

USPPI

DESTINATION CONTROL STATEMENT (If applicable) -Select DCS on the left if items are under the EAR and have ECCNs; If under the State Dept. select statement on the right.

CARGO SCREENING CONSENT - Select to meet requirements of Department of Homeland Security and Transportation Security Administration)

D/F OR M - DOMESTIC EXPORTS (D): Commodities that are grown, produced, or manufactured in the United States (including commodities incorporating foreign components) and articles of foreign origin that have been enhanced in value or changed from the form in which imported by further manufacture or processing in the U.S.). FOREIGN EXPORTS (F): merchandise that has entered the U.S. (including U.S. FTZs) and at time of export have undergone no change in form or condition or enhancement in value by further manufacture. FOREIGN MILITARY SALES (M): exports of merchandise that are sold under the foreign military sales program.

SCHEDULE B NUMBER - Enter the 10 digit schedule B number or HTS for each item. Visit the following link http://www.census.gov/foreign-trade/schedules/b/

DESCRIPTION OF COMMODITIES - Enter the commercial description for each item. Enter a sufficient description of the commodity as to permit verification of the Schedule B Commodity Number or the commodity description as shown on the validated export license. Include marks, numbers, or other identification shown on the packages and the numbers and kinds of packages (boxes, barrels, baskets, etc.). When exporting a used self-propelled vehicle provide the VIN/PRODUCT NUMBER/ VEHICLE NUMBER (19 CFR 192:1 (1)) http://www.cbp.gov/xp/cgov/trade/basic_trade/export_docs/motor_vehicle.xml

QUANTITY (SCHEDULE B UNITS) - Report whole unit(s) as specified in the Schedule B/HTS commodity classification code.

VALUE (U.S. Dollars) - Enter the selling price or, if not sold, enter the cost of the goods, including freight, insurance, and other charges to U.S. port of export, but excluding unconditional discounts and commissions (nearest whole dollar, omit cents). Report the export value in U.S. Dollars for each Schedule B number entered.

EXPORT CONTROL CLASSIFICATION NUMBER (ECCN) or EAR99 - You must enter the correct Export Control Classification Number (ECCN) on record for all exports authorized under a license or License Exception, and also for items being exported under the “No License Required” (NLR) provisions of the EAR that are listed on the CCL and have a reason for control other than anti-terrorism (AT). Links: http://www. bis.doc.gov/licensing/exportingbasics.htm When the items being exported are subject to the EAR but not listed on the Commerce Control List (CCL), they are classified as EAR99. The proper classification of your item is essential to determining any licensing requirements under the Export Administration Regulations (EAR). You may classify the item on your own, check with the manufacturer, or submit a classification request to have BIS (Bureau of Industry and Security) determine the ECCN for you. http://www.bis.doc. gov/licensing/Do_I_NeedAnECCN.html The following factors specific to your export transaction may trigger the need to obtain a license from the Department of Commerce: the actual item being exported, the country of destination , the end-user, and what for the end-use. The first step to determining whether your shipment needs an export license is to know your items Export Control Classification Number (ECCN). ECCN entries are found on the Commerce Control List (CCL) and they identify reasons for control which indicate licensing requirements to certain destinations. Please visit the Commerce Dept. website: http://www.bis.doc.gov/ . Commerce Dept. Introduction to

ExportControls:http://www.bis.doc.gov/Licensing/BIS_Exports.pdf;

CCL overview: http://www.access.gpo.gov/bis/ear/pdf/738.pdf,

CCL: http://www.access.gpo.gov/bis/ear/ear_data.html#ccl,

Country Chart: http://www.access.gpo.gov/bis/ear/pdf/738spir.pdf

LICENSE NO. /LICENCE EXCEPTION SYMBOL/AUTHORIZATION - Enter the license number when you are exporting under the authority of a Department of Commerce, a Bureau of Industry and Security license; a Department of State, Directorate of Defense Trade Controls (DDTC) ITAR license; a Department of the Treasury, Office of Foreign Assets Control (OFAC) license (enter either the general or specific OFAC license number), a Department of Justice, Drug Enforcement Agency (DEA) permit, or any other export license number issued by a Federal government agency.

Enter the correct License Exception symbol (e.g. LVS, GBS, CIV) when you are exporting under the authority of a License Exception. You may refer to the Export Administration Regulations (EAR).

Enter the “No License Required” (NLR) designator when you are exporting items under the NLR provisions of the EAR. When the items being exported are subject to the EAR but not listed on the Commerce Control List (CCL) (i.e. items that are classified as EAR99); and when the items being exported are listed on the CCL but do not require a license enter (NLR) designator.

SHIPPING WEIGHT (kilograms) - Enter the gross shipping weight in kilograms of each Schedule B number, including the weight of packaging. To determine kilograms use pounds (lbs) Multiplied by 0.4536 = kilograms (report whole units).

PACKAGING DETAILS- Indicate total pieces, weight, and dims of shipment

DULY AUTHORIZED OFFICER OR EMPLOYEE, TITLE, TELEPHONE AND EMAIL AND SIGNATURE of person completing the form

1. Definitions.

(a)"Company" shall mean Kuehne + Nagel Inc., its subsidiaries, agents and/or representatives;

(b)"Customer" shall mean the person for which the Company is rendering service, as well as its agents and/or representatives. It is the responsibility of the Customer to provide notice and copy(s) of these terms and conditions of service to its agents or representatives;

(c)"Documentation" shall mean all information received directly or indirectly from Customer, whether in paper or electronic form;

(d)"Ocean Transportation Intermediaries" ("OTI") shall include an "ocean freight forwarder" and a "non-vessel operating carrier";

(e)"Third parties" shall include, but not be limited to, the following: "carriers, truckmen, cartmen, lightermen, forwarders, OTIs, customs brokers, agents, warehousemen and others to which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise".

2.Company as agent. The Company acts as the "agent" of the Customer for the purpose of performing duties in connection with the entry and release of goods, post entry services, the securing of export licenses, the filing of export documentation on behalf of the Customer and other dealings with Government Agencies: as to all other services, Company acts as an independent contractor.

3.Limitation of Actions.

(a)All claims against Company for a potential or actual loss must be made in writing and received by Company within ninety (90) days of the event giving rise to claim; the failure to give Company timely notice shall be a complete defense to any suit or action commenced by Customer.

(b)All suits against Company must be filed and properly served on Company as follows:

(i)For claims arising out of ocean transportation, within one (1) year from the date of the loss;

(ii)For claims arising out of air transportation, within two (2) years from the date of the loss;

(iii)For claims arising out of the preparation and/or submission of an import entry(s), within seventy five (75) days from the date of liquidation of the entry(s);

(iv)For any and all other claims of any other type, within two (2) years from the date of the loss or damage.

4.No Liability For The Selection or Services of Third Parties and/or Routes.

Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, Company shall use reasonable care in its selection of third parties used for the handling, transportation, clearance and delivery of the shipment. Unless the Company carries, stores or otherwise physically handles the shipment, and the loss, damage, expense or delay occurs during such activity, the Company assumes no liability as a carrier, and is not to be held responsible for any loss, damage, expense or delay to the shipment. Advice by the Company that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that the Company warrants or represents that such person or firm will render such services nor does Company assume responsibility or liability for any action(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the act of a third party shall be brought solely against such party and/or agents; in connection with any such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by the Company.

5. Quotations Not Binding.

Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon the Company unless the Company in writing agrees to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between the Company and the Customer.

6. Reliance On Information Furnished.

(a)Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with the Customs Service, other Government Agency and/or third parties, and will immediately advise the Company of any errors, discrepancies, incorrect statements, or omissions on any declaration filed on Customers behalf;

(b)In preparing and submitting customs entries, export declarations, applications, documentation and/or export data to the United States and/or a third party, the Company relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by Customer; Customer shall use reasonable care to insure the correctness of all such information and shall indemnify and hold the Company harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer's failure to disclose information or any incorrect or false statement by the Customer upon which the Company reasonably relied. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all information required to import, export or enter the goods.

7. Declaring Higher Value to Third Parties.

Third parties to whom the goods are entrusted may limit liability for loss or damage; the Company will request excess valuation coverage only upon specific written instructions from the Customer, which must agree to pay any charges therefor; in the absence of written instructions or the refusal of the third party to agree to a higher declared value, at Company's discretion, the goods may be tendered to the third party, subject to the terms of the third party's limitations of liability and/or terms and conditions of service.

8. Insurance.

Unless requested to do so in writing and confirmed to Customer in writing, Company is under no obligation to procure insurance on Customer's behalf; in all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance.

9. Disclaimers; Limitation of Liability.

(a)Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services;

(b)Subject to (c) below, Customer agrees that in connection with any and all services performed by the Company, the Company shall only be liable for its negligent acts, which are the direct and proximate cause of any injury to Customer, including loss, delay or damage to Customer's goods, and the Company shall in no event be liable for the acts of third parties;

(c)In connection with all services performed by the Company, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefor, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s).

(d)In the absence of additional coverage under (b) above, the Company's liability shall be limited to the following;

(i)where the claim arises from activities other than those relating to customs brokerage, $50.00 per shipment or transaction, or

(ii)where the claim arises from activities relating to "Customs business," $50.00 per violation or the amount of brokerage fees paid to Company for the entry, whichever is less;

(e)In no event shall Company be liable or responsible for consequential, indirect, incidental, statutory or punitive damages, even if it has been put on notice of the possibility of such damages.

10. Advancing Money.

All charges must be paid by Customer in advance unless the Company agrees in writing to extend credit to customer; the granting of credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Company.

11. Indemnification/Hold Harmless.

The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability arising from the importation or exportation of customers merchandise and/or any conduct of the Customer, which violates any Federal, State and/ or other laws, and further agrees to indemnify and hold the Company harmless against any and all liability, loss, damages,

costs, claims and/or expenses, including but not limited to reasonable attorney's fees, which the Company may hereafter incur, suffer or be required to pay by reason of such claims; in the event that any claim, suit or proceeding is brought against the Company, it shall give notice in writing to the Customer by mail at its address on file with the Company.

12. C.O.D. or Cash Collect Shipments.

Company shall use reasonable care regarding written instructions relating to "Cash/Collect" on "Deliver (C.O.D.)" shipments, bank drafts, cashier's and/or certified checks, letter(s) of credit and other similar payment documents and/or instructions regarding collection of monies but shall have no liability if the bank or consignee refuses to pay for the shipment.

13. Costs of Collection.

In any dispute involving monies owed to Company, the Company shall be entitled to all costs of collection, including reasonable attorney's fees and interest at 15% per annum or the highest rate allowed by law, whichever is less, unless a lower amount is agreed to by Company.

14. General Lien and Right To Sell Customer's Property.

(a)General Lien. Company shall have a general and continuing lien on any and all property (and documents relating thereto) of Customer in its possession, custody, control, or en route / in transit, or coming into Company's actual or constructive possession or control, for monies owed to Company with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both, including for all claims for charges, expenses, or advances incurred by the Company in connection with any shipments of the Customer.

(b)Notice. Company shall provide written notice to Customer of its intent to exercise such lien, the exact amount of monies due and owing, as well as any on-going storage or other charges. Customer shall notify all parties having an interest in its shipment(s) of Company's rights and/or the exercise of such lien.

(c)Right to Sell. Unless, within thirty days of receiving notice of lien, Customer posts cash or letter of credit at sight, or an acceptable bond equal to 110% of the value of the total amount due, in favor of Company, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, Company shall have the right to sell such shipment(s), including goods, wares, or merchandise as may be necessary to satisfy such lien, at public auction or private sale and any net proceeds remaining thereafter, after payment of amounts due Company, shall be refunded to Customer, provided that Customer shall remain liable for any deficiency arising from the sale.

(d)Warehouseman's Lien. In connection with warehouse services provided by Company, Company shall have a general warehouse lien for all lawful charges for storage and preservation of goods; also for all lawful claims for money advanced, interest, insurance, transportation, labor, weighing coopering, and other charges and expenses in relation to such goods, and for the balance on any other accounts that may be due. Company further claims a general warehouse lien for all such charges, advances and expenses with respect to any other goods stored by Customer in any other facility owned or operated by Company. In order to protect its lien, Company reserves the right to require advance payment of all charges prior to shipment of goods.

(e)Limitation of Damages for Goods Stored. Company shall not be liable for any loss or damage to goods tendered, stored or handled, however caused unless such loss or damage resulted from the failure by Company to exercise such care in regard to them as a reasonably careful person would exercise under like circumstances and Company is not liable for damages which could not have been avoided by the exercise of such care. Customer declares that damages for loss, damage or delay are limited to $.50 per pound provided, however, that such liability may be increased upon Customer requesting in writing such excess valuation coverage and agreeing to make payment therefor, which request must be confirmed in writing by the Company.

(f)Liability. Any liability of Company for whatever reason shall in any event be limited to a maximum of $10,000 per event or series of events with one and the same cause of damage. In further consideration of the rates herein, and in keeping with the definitions of company's legal liability as a warehouseman contained herein and in Article 7-204 of the Uniform Commercial Code, Customer agrees to a shrinkage allowance of 0.5 % of the value of the goods stored for which, in the case of loss or damage to goods or mysterious disappearance, however caused, Company will not be liable.

15. No Duty To Maintain Records For Customer.

Customer acknowledges that pursuant to Sections 508 and 509 of the Tariff Act, as amended, (19 USC § 1508 and 1509) it has the duty and is solely liable for maintaining all records required under the Customs and/or other Laws and Regulations of the United States; unless otherwise agreed to in writing, the Company shall only keep such records that it is required to maintain by Statute(s) and/or Regulation(s), but not act as "recordkeeper" or "recordkeeping agent" for Customer.

16. Obtaining Binding Rulings, Filing Protests, etc.

Unless requested by Customer in writing and agreed to by Company in writing, Company shall be under no obligation to undertake any pre- or post Customs release action, including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petition(s) and/or protests, etc.

17. Preparation and Issuance of Bills of Lading.

Where Company prepares and/or issues a bill of lading, Company shall be under no obligation to specify thereon the number of pieces, packages and/or cartons, etc.; unless specifically requested to do so in writing by Customer or its agent and Customer agrees to pay for same, Company shall rely upon and use the cargo weight supplied by Customer. Relative to the liability limits set forth elsewhere in this Agreement, Customer and Company hereby waive all rights and remedies under the Carmack Amendment and the ICC Termination Act of 1995 (the "Act"), pursuant to Section 14101(b) of the Act. As required by regulation, Customer and Company do not waive the provisions governing registration, insurance, or safety fitness. Unless Company physically handles and carries the shipment, and the loss, damage, expense or delay occurs during such carriage activity, the Company assumes no liability as a carrier.

18. No Modification or Amendment Unless Written.

These terms and conditions of service may only be modified, altered or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter or amend same shall be null and void.

19. Compensation of Company.

The compensation of the Company for all its services shall be included with and is in addition to the rates and charges of all carriers and all other agencies selected by the Company to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends, or other revenue received by the Company from carriers, insurers and others in connection with the shipment. On ocean exports, upon request, the Company shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to these charges. In any referral for collection or action against the Customer for monies due the Company, upon recovery by the Company, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee.

20. Severability.

In the event any Paragraph(s) and/or portions(s) hereof is found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in full force and effect.

21. Governing Law; Consent to Jurisdiction and Venue.

These terms and conditions of service and the relationship of the parties shall be construed according to the laws of the State of NEW YORK without giving consideration to the principles of conflict of law.

Customer and Company

(a)irrevocably consent to the jurisdiction of the United States District Court and the State courts of NEW YORK;

(b)agree that any action relating to the services performed by Company, shall only be brought in said courts;

(c)consent to the exercise of in personam jurisdiction by said courts over it, and

(d)further agree that any action to enforce a judgement may be instituted in any jurisdiction.