Facebook Trade Compliance Agreement
Facebook Trade Compliance Agreement
The Customer monitors compliance by evaluating the fulfillment of background checks, trade compliance, and notification protocols outlined in the agreement . Any observed failures without prior exemptions are treated as 'Specified Breaches', triggering consequences like termination or financial penalties . To enforce compliance, the agreement mandates timely notification of any personnel or trade changes, ensuring ongoing adherence to requirements. Moreover, the Customer can request proof of compliance whenever necessary, holding vendors accountable for maintaining set standards .
To be eligible to work on Meta-related projects, vendors must comply with several requirements: 1) Conduct necessary background checks and security clearances including social security trace, criminal checks for jurisdictions where the individual has lived or worked for the past 7 years, and verification against the Consolidated Government Screening List . 2) Ensure that personnel are not on active terrorist watchlists, personal details match their National IDs, and none have been arrested or convicted of a felony in recent years . 3) Comply with UN, U.S., or EU economic sanctions and trade restrictions and ensure no personnel are located in sanctioned countries or listed on any denied parties lists .
The agreement stipulates that vendors are responsible for ensuring necessary background checks and security clearances are performed, including social security trace, criminal checks, and matching personnel details with national IDs . Vendors must use an accredited background screening provider and comply with local regulations . Additionally, vendors must ensure compliance with applicable trade restrictions, ensuring no personnel are listed on denied parties lists and are not located in countries subject to comprehensive sanctions . Invalidating any of these can lead to a breach of compliance and potential termination of cooperation .
The trade compliance requirements under the agreement stipulate that vendors and their personnel must not be subject to any UN, U.S., or EU economic sanctions and trade restrictions . Vendors must ensure personnel are not located in countries listed under comprehensive U.S. trade sanctions and are not on listings of denied parties published by U.S. and EU authorities . These precautions are designed to maintain adherence to global trade laws, reducing legal risk for the customer and ensuring legitimate business operations. Failure to meet these requirements can result in termination or fines .
Notifying the Customer about changes in compliance status within the specified timeframe is important because it allows for timely mitigation of potential impacts on the account. It also demonstrates adherence to proactive compliance, which can weigh in favor of the vendor during evaluations of breaches . Failure to do so is a 'Specified Breach' and may result in severe consequences such as financial penalties or termination of the agreement . Immediate notification is crucial to maintain trust and cooperation under the terms of the agreement .
Vendors are required to use an accredited background screen provider to ensure that the checks performed are professional, comprehensive, and comply with industry standards. This requirement helps maintain the credibility and reliability of the information obtained, preventing any inadequacies or inaccuracies that could lead to security risks or non-compliance issues . Accreditation signifies adherence to established protocols and enhances the trust between the vendor and the customer, supporting compliance with legal and contractual obligations .
Economic sanctions and denied parties lists play a crucial role in the vendor screening process by identifying regions and individuals prohibited from engaging in business under international trade laws . Vendors must ensure their personnel do not reside in sanctioned countries and are not listed as denied parties, as these restrictions are designed to prevent illicit activities and maintain national and international security . Adhering to these lists helps protect the customer and the vendor from legal repercussions, ensuring that their business activities remain lawful and comply with global standards .
Failure to comply with the requirements outlined in the agreement may lead to termination of cooperation with the customer, financial consequences, or further actions depending on the extent of the breach . Not notifying the customer of changes in personnel or vendor representations regarding trade compliance immediately may also constitute a breach, which will be considered a 'Specified Breach' under the agreed Terms and Conditions, potentially leading to damages .
The agreement ensures background checks are performed to a professional standard by requiring the vendor to use a background screening provider accredited by the Professional Background Screening Organization or a local equivalent . This ensures that the checks are reliable, comprehensive, and adhere to accepted industry standards. Additionally, it excludes any personnel from working on the account who have criminal records or are on terrorist watchlists, reinforcing thorough vetting .
Informing the Customer about potential non-compliance can mitigate the Vendor's liability because it shows transparency and allows the Customer to consider this information during breach evaluations . While it does not remove liability for damages entirely, it can influence the Customer's decision regarding consequences, potentially leading to less severe penalization compared to undisclosed violations . Immediate reporting ensures that any corrective actions can be initiated to avoid more significant issues, yet the primary responsibility to rectify remains with the vendor .