Termination of Berry-Compliance Exemption for Products Manufactured in the EEA and Canada
Effective 1 April 2026.
Policy
Effective 1 April 2026, the Berry-exemption for products manufactured in the EEA or Canada by European and Canadian companies is ended.
Background
This is the result of a loss of confidence in European as well as Canadian companies, as well as a lack of a framework ensuring origin and quality control.
Advertising and/or selling Berry-compliance products in the United States that are not in fact Berry-compliant is a criminal offense with significant penalties, including imprisonment and sizable fines. Advertising and/or selling products supposedly made in Europe that, in fact, are not made in Europe, carries no consequences outside of insignificant civil penalties relating to false advertising or misrepresentation. Finally, advertising and/or selling products allegedly made in Canada but manufactured offshore leads to no consequences whatsoever in Canada.
Furthermore, an increasing number of European and Canadian companies seem to be focused on virtue-signaling with many commercial decisions based on prejudice, bigotry and hatred against anything and anyone not embracing Abrahamic cults or Marxist policies. Norwegian companies deny service to American military and American companies. Canadian government bans products from the United States, as seen in Ontario and British Columbia. Overall, creating a toxic and intolerant environment not conducive to business and commercial relationships.
There have been multiple issues in recent years involving European and Canadian companies and equipment that have indeed made the Berry-exemption policy not only untenable, but a threat to operational readiness, safety and security.
Carinthia (Austria) sold equipment supposedly made in Europe later introduced, without warning or notice, as “Made in Extended Europe Area”, but in fact made in Armenia, and thus Asia. Petzl (France) sold head lamps with a fundamental flaw that made them fail within weeks of use, without any compensation. Brynje (Norway) obtained a government contract with the Norwegian military under dubious circumstances and equipped SOF with base layers that not only melted on the skin in case of exposure to heat or an open flame, but also resulted in disruptions to the endocrine system through the use of plastic. They later lied by falsely claiming contracts with the U.S. military. Arc’teryx (Canada), in addition to refusing to honor warranty outside of chain of command and therefore leaving operators and contractors without critical gear in combat zones, has moved most production offshore with no disclosure, hires Chinese nationals who cannot even speak Canada’s official languages at their Vancouver facilities, and most recently failed NIR-compliance on multiple products.
There is also a growing number of European and Canadian companies that deny service (often simply ignoring requests and orders) based on country of origin (American), state (red versus blue), religion (not Christian or Jewish), or ideology.
Finally, many companies have expressed displeasure at shipping outside of their own country or the EEA, and specifically to the United States, over duties and tariffs, completely oblivious to the fact their own countries have been assessing prohibitive tariffs on Berry-compliant products (therefore made in the United States) for decades.
Application
As of 1 April 2026, Berry-compliance shall be prioritized for all tactical and operational needs.
In the event a suitable Berry-compliant product is not available for specific needs, the policy will also allow sourcing of the product in any other country, including Asia or the Middle East, subject to quality and security assessment, and further permitting the establishment of our own factories and personnel.
The new policy will completely and entirely bypass and no longer privilege products manufactured in the EEA or Canada.