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Shipping Products Outside the United States

Published for Independent Sales Directors 11.28.03
Please be aware that Independent Sales Directors and Independent Beauty Consultants in the U.S. should never ship or deliver Mary Kay products outside the United States and its territories for the purpose of selling to consumers. This includes shipping products to other Consultants who have been reassigned to a U.S. military base abroad. Heres why:


The products you receive are labeled for distribution only in the United States and its territories. They may not be properly labeled according to the regulations of other countries, some of which are very stringent.
Most countries require cosmetic formulas to be registered and all formulas approved by local authorities. Certain cosmetics are classified as drugs in foreign countries and special licenses may be required before products can be sold there.
The U.S. Department of Transportation classifies several cosmetic products as hazardous. Products classified as hazardous must be prepared for shipment in accordance with the code of federal regulations. All persons shipping hazardous materials must be trained and certified by the U.S. government.
Some countries require the seller to obtain certain business licenses, pay various social taxes and satisfy immigration requirements that apply to conducting a business.
Some countries require the seller or shipper to pay certain taxes. If the taxes are not paid by the seller or shipper, a country may demand the Company pay the required taxes and possibly a penalty. If this happens, it could affect the operation of a Mary Kay subsidiary in that country until the penalty has been paid. Even then, the Company might have to cease operating (or never be allowed to begin operating) in that country. As a result, if you export to or sell Mary Kay products in other countries, you may place yourself and the Company in a serious legal position. Unauthorized importing and exporting of Mary Kay products can seriously hamper the Companys foreign expansion, hurt the business of foreign Independent Beauty Consultants and jeopardize your status as an Independent Sales Director.
U.S. Military regulations prohibit the transport of products for resale via a household goods shipment of the APO/FPO system. The Base Commander may strictly enforce regulations prohibiting storage of goods for resale in military housing.
If you have questions, please contact Legal Resources at (972) 687-5777.