764 V1 T / F

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The Export Administration Regulations (EAR) refer to 15 CFR chapter VII, subchapter C.

True

Part 764 of the EAR only specifies conduct that constitutes a violation of the ECRA.

False

Antiboycott violations are described in a separate part from Part 764.

True

Part 764 only describes administrative sanctions imposed by BIS.

False Signup and view all the answers

The Export Administration Act (EAA) provides the basis for the sanctions described in Part 764.

True Signup and view all the answers

Part 764 does not provide information on how to report or disclose violations.

False Signup and view all the answers

It is legal to conceal any material fact when preparing an export control document.

False Signup and view all the answers

Soliciting a violation of the Export Control Reform Act (ECRA) or the Export Administration Regulations (EAR) is prohibited.

True Signup and view all the answers

Causing or aiding a violation of ECRA or the EAR is allowed if the person does not have knowledge of the violation.

False Signup and view all the answers

Altering an export control document issued under ECRA or the EAR is permitted if the person has specific authorization from BIS.

True Signup and view all the answers

Engaging in a transaction with the intent to evade the provisions of ECRA or the EAR is allowed.

False Signup and view all the answers

Failing to comply with reporting or recordkeeping requirements of ECRA, the EAR, or any order, license, or authorization issued thereunder is permitted.

False Signup and view all the answers

Acting contrary to the terms of a denial order issued by BIS is prohibited.

True Signup and view all the answers

Conspiring with others to violate ECRA, the EAR, or any order, license, or authorization issued thereunder is allowed.

False Signup and view all the answers

Buying, removing, or transferring an item that is subject to the EAR with knowledge of a violation is permitted.

False Signup and view all the answers

The administrative sanctions described in the text are the only possible consequences for violations of ECRA, the EAR, or any order, license, or authorization issued thereunder.

False Signup and view all the answers

Requests for an extension must be made before the 180-day deadline.

True Signup and view all the answers

Requests for extension that are received after the deadline will always be considered.

False Signup and view all the answers

Parties who request an extension shortly before the deadline are guaranteed to have their request granted.

False Signup and view all the answers

The review of export-related transactions should cover a period of at least five years prior to the initial notification.

True Signup and view all the answers

Violations that are not voluntarily disclosed will be treated as a separate violation.

False Signup and view all the answers

The narrative account should include the kind of violation involved, an explanation of when and how the violations occurred, and the complete identities and addresses of all individuals and organizations involved.

True Signup and view all the answers

The narrative account should include the license numbers and the description, quantity, value in U.S. dollars, and ECCN or other classification of the items involved.

True Signup and view all the answers

The narrative account should include a description of any aggravating circumstances.

False Signup and view all the answers

The certification must be signed by an official of the corporation or organization with the authority to do so, if the disclosure is made by a corporation or organization.

True Signup and view all the answers

Section 764.2(g) of the EAR, relating to false or misleading representations, does not apply in connection with the disclosure of information under this section.

False Signup and view all the answers

A civil monetary penalty exceeding the amount set forth in ECRA can be imposed for each violation of the EAR.

False Signup and view all the answers

Voluntary self-disclosure prevents transactions from being referred to the Department of Justice for criminal prosecution.

False Signup and view all the answers

The payment of a civil penalty can be made a condition for granting or restoring an export license for a maximum period of two years.

True Signup and view all the answers

A firm is not deemed to have made a disclosure unless the individual making it had authorization from senior management.

True Signup and view all the answers

The payment of a civil penalty cannot be deferred or suspended during a probation period.

False Signup and view all the answers

The provisions in the text create enforceable rights or privileges for any person or entity.

False Signup and view all the answers

An order denying export privileges can restrict the ability of named persons to engage in exports, reexports, and in-country transfers involving items subject to the EAR.

True Signup and view all the answers

The initial notification of a voluntary self-disclosure should include a brief description of the suspected violations.

True Signup and view all the answers

An order denying export privileges can only be imposed as a sanction for a violation of ECRA or the EAR.

False Signup and view all the answers

The initial notification should always be made in writing, according to the text.

False Signup and view all the answers

A non-standard denial order with a narrower scope than the standard terms cannot be issued.

False Signup and view all the answers

The complete narrative account must be received within 180 days of the initial notification date.

True Signup and view all the answers

The Office of Exporter Services can grant authorization to engage in actions prohibited by a denial order.

True Signup and view all the answers

The weight given to voluntary self-disclosure is determined solely by the Department of Justice.

False Signup and view all the answers

Any person acting as an attorney, accountant, or consultant for a license application before BIS cannot be excluded from such activities.

False Signup and view all the answers

The initial notification should designate a contact person and provide their contact information.

True Signup and view all the answers

Voluntary self-disclosure is the only factor considered in determining administrative sanctions.

False Signup and view all the answers

The maximum criminal fine for willfully committing an unlawful act described in $50$ U.S.C. $4819(a)$ is $1,000,000$ for an individual.

True Signup and view all the answers

Conduct that violates ECRA, the EAR, or any related order or license cannot be subject to sanctions or measures other than criminal and administrative sanctions.

False Signup and view all the answers

The mitigating effect of voluntary self-disclosure can be outweighed by aggravating factors.

True Signup and view all the answers

A person making a voluntary self-disclosure can request permission to engage in activities that would otherwise be prohibited by Part 764.2(e) of the EAR.

True Signup and view all the answers

OEE will take further investigative action as soon as possible once provided with the required narrative and supporting documentation.

True Signup and view all the answers

If a settlement is not reached, OEE will issue a warning letter instead of a charging letter pursuant to §766.3 of the EAR.

False Signup and view all the answers

Any person who has made a voluntary self-disclosure is absolved from liability for any violations disclosed.

False Signup and view all the answers

If permission is granted by the Office of Exporter Services, activities with respect to items that would violate §764.2(e) of the EAR will still constitute violations.

False Signup and view all the answers

A license to reexport items that have been exported contrary to EAA or EAR can only be requested by BIS.

False Signup and view all the answers

License Exceptions under EAR cannot be revised, suspended, or revoked according to §740.2(b) of the EAR.

False Signup and view all the answers

BIS may issue temporary denial orders when necessary to prevent imminent violations, in accordance with §766.24 of the EAR.

True Signup and view all the answers

Part 764 does not provide details on how to report or disclose violations according to the EAR.

False Signup and view all the answers

The provisions of Part 764 of the EAR only specify conduct that constitutes a violation of the ECRA.

False Signup and view all the answers

If the narrative account is submitted within 180 days or the extended deadline, the disclosure will be deemed to have been made on the initial notification date, provided the initial notification complied with paragraphs (c)(1) and (2).

True Signup and view all the answers

Failure to meet the deadline for submitting the narrative account is an additional violation of the EAR.

False Signup and view all the answers

The narrative account must contain all the pertinent information required by paragraphs (c)(3), (c)(4), and (c)(5) to be considered complete.

True Signup and view all the answers

The Director of OEE has the discretion to extend the 180-day deadline if it serves U.S. Government interests or if the person making the initial notification shows that more than 180 days is reasonably needed.

True Signup and view all the answers

The Director of OEE is required to place conditions on the approval of an extension.

False Signup and view all the answers

Requests for an extension must show that the person making the request began their review promptly after discovery of the violations.

True Signup and view all the answers

The request for an extension should propose a timeline for completion and submission of the narrative account that is reasonable under the applicable facts and circumstances.

True Signup and view all the answers

Requests for an extension must designate a contact person and provide their current business street address, email address, and telephone number.

True Signup and view all the answers

The Director of OEE is required to consider interim compliance or other corrective measures when evaluating a request for an extension.

False Signup and view all the answers

Requests for an extension may include additional information that the person making the request reasonably believes is pertinent to the request under the applicable facts and circumstances.

True Signup and view all the answers

Statutory sanctions are civil or criminal penalties.

False Signup and view all the answers

The EAA allows for the seizure and forfeiture of any property pursuant to export laws and regulations administered or enforced by the Secretary.

True Signup and view all the answers

The Department of State may issue licenses or approvals for the export or reexport of defense articles and defense services controlled under the Arms Export Control Act to persons convicted of criminal offenses specified at 22 U.S.C. 2778(g)(1)(A).

False Signup and view all the answers

The Department of Defense may suspend the right of any person to contract with the United States Government based on export control violations.

True Signup and view all the answers

Failure to report potential export control violations may result in the unwarranted issuance of licenses or exports without the required licenses.

True Signup and view all the answers

The reporting provisions for violations of part 760 of the EAR are considered

False Signup and view all the answers

Voluntary self-disclosure is not a mitigating factor in determining what administrative sanctions, if any, will be sought by OEE.

False Signup and view all the answers

The provisions of the section on voluntary self-disclosure apply to disclosures of violations relating to part 760 of the EAR.

False Signup and view all the answers

The provisions of the section on voluntary self-disclosure apply only when information is received by OEE for review after they have commenced an investigation or inquiry based on the same or substantially similar information from another source.

False Signup and view all the answers

The Bureau of Industry and Security (BIS) can issue an order denying export privileges to individuals convicted of certain offenses under the Export Administration Act (EAA).

True Signup and view all the answers

It is permitted to order, buy, remove, conceal, store, use, sell, loan, dispose of, transfer, finance, forward, or otherwise service an item subject to the EAR if there is knowledge that a violation has occurred or will occur in connection with that item.

False Signup and view all the answers

The text discusses activities involving items that may have been illegally exported or reexported to Libya before the comprehensive embargo on Libya ended in April 2004.

True Signup and view all the answers

A license is required for all activities involving items that were illegally exported or reexported to Libya before the comprehensive embargo ended.

False Signup and view all the answers

$2 + 3 = 6$

False Signup and view all the answers

`int x = 5; x += 3;` results in `x` having the value `8`.

True Signup and view all the answers

764 V1 T / F

Podcast Beta

Questions and Answers

The Export Administration Regulations (EAR) refer to 15 CFR chapter VII, subchapter C.

Part 764 of the EAR only specifies conduct that constitutes a violation of the ECRA.

Antiboycott violations are described in a separate part from Part 764.

Part 764 only describes administrative sanctions imposed by BIS.

The Export Administration Act (EAA) provides the basis for the sanctions described in Part 764.

Part 764 does not provide information on how to report or disclose violations.

It is legal to conceal any material fact when preparing an export control document.

Soliciting a violation of the Export Control Reform Act (ECRA) or the Export Administration Regulations (EAR) is prohibited.

Causing or aiding a violation of ECRA or the EAR is allowed if the person does not have knowledge of the violation.

Altering an export control document issued under ECRA or the EAR is permitted if the person has specific authorization from BIS.

Engaging in a transaction with the intent to evade the provisions of ECRA or the EAR is allowed.

Failing to comply with reporting or recordkeeping requirements of ECRA, the EAR, or any order, license, or authorization issued thereunder is permitted.

Acting contrary to the terms of a denial order issued by BIS is prohibited.

Conspiring with others to violate ECRA, the EAR, or any order, license, or authorization issued thereunder is allowed.

Buying, removing, or transferring an item that is subject to the EAR with knowledge of a violation is permitted.

The administrative sanctions described in the text are the only possible consequences for violations of ECRA, the EAR, or any order, license, or authorization issued thereunder.

Requests for an extension must be made before the 180-day deadline.

Requests for extension that are received after the deadline will always be considered.

Parties who request an extension shortly before the deadline are guaranteed to have their request granted.

The review of export-related transactions should cover a period of at least five years prior to the initial notification.

Violations that are not voluntarily disclosed will be treated as a separate violation.

The narrative account should include the kind of violation involved, an explanation of when and how the violations occurred, and the complete identities and addresses of all individuals and organizations involved.

The narrative account should include the license numbers and the description, quantity, value in U.S. dollars, and ECCN or other classification of the items involved.

The narrative account should include a description of any aggravating circumstances.

The certification must be signed by an official of the corporation or organization with the authority to do so, if the disclosure is made by a corporation or organization.

Section 764.2(g) of the EAR, relating to false or misleading representations, does not apply in connection with the disclosure of information under this section.

A civil monetary penalty exceeding the amount set forth in ECRA can be imposed for each violation of the EAR.

Voluntary self-disclosure prevents transactions from being referred to the Department of Justice for criminal prosecution.

The payment of a civil penalty can be made a condition for granting or restoring an export license for a maximum period of two years.

A firm is not deemed to have made a disclosure unless the individual making it had authorization from senior management.

The payment of a civil penalty cannot be deferred or suspended during a probation period.

The provisions in the text create enforceable rights or privileges for any person or entity.

An order denying export privileges can restrict the ability of named persons to engage in exports, reexports, and in-country transfers involving items subject to the EAR.

The initial notification of a voluntary self-disclosure should include a brief description of the suspected violations.

An order denying export privileges can only be imposed as a sanction for a violation of ECRA or the EAR.

The initial notification should always be made in writing, according to the text.

A non-standard denial order with a narrower scope than the standard terms cannot be issued.

The complete narrative account must be received within 180 days of the initial notification date.

The Office of Exporter Services can grant authorization to engage in actions prohibited by a denial order.

The weight given to voluntary self-disclosure is determined solely by the Department of Justice.

Any person acting as an attorney, accountant, or consultant for a license application before BIS cannot be excluded from such activities.

The initial notification should designate a contact person and provide their contact information.

Voluntary self-disclosure is the only factor considered in determining administrative sanctions.

The maximum criminal fine for willfully committing an unlawful act described in $50$ U.S.C. $4819(a)$ is $1,000,000$ for an individual.

Conduct that violates ECRA, the EAR, or any related order or license cannot be subject to sanctions or measures other than criminal and administrative sanctions.

The mitigating effect of voluntary self-disclosure can be outweighed by aggravating factors.

A person making a voluntary self-disclosure can request permission to engage in activities that would otherwise be prohibited by Part 764.2(e) of the EAR.

OEE will take further investigative action as soon as possible once provided with the required narrative and supporting documentation.

If a settlement is not reached, OEE will issue a warning letter instead of a charging letter pursuant to §766.3 of the EAR.

Any person who has made a voluntary self-disclosure is absolved from liability for any violations disclosed.

If permission is granted by the Office of Exporter Services, activities with respect to items that would violate §764.2(e) of the EAR will still constitute violations.

A license to reexport items that have been exported contrary to EAA or EAR can only be requested by BIS.

License Exceptions under EAR cannot be revised, suspended, or revoked according to §740.2(b) of the EAR.

BIS may issue temporary denial orders when necessary to prevent imminent violations, in accordance with §766.24 of the EAR.

Part 764 does not provide details on how to report or disclose violations according to the EAR.

The provisions of Part 764 of the EAR only specify conduct that constitutes a violation of the ECRA.

If the narrative account is submitted within 180 days or the extended deadline, the disclosure will be deemed to have been made on the initial notification date, provided the initial notification complied with paragraphs (c)(1) and (2).

Failure to meet the deadline for submitting the narrative account is an additional violation of the EAR.

The narrative account must contain all the pertinent information required by paragraphs (c)(3), (c)(4), and (c)(5) to be considered complete.

The Director of OEE has the discretion to extend the 180-day deadline if it serves U.S. Government interests or if the person making the initial notification shows that more than 180 days is reasonably needed.

The Director of OEE is required to place conditions on the approval of an extension.

Requests for an extension must show that the person making the request began their review promptly after discovery of the violations.

The request for an extension should propose a timeline for completion and submission of the narrative account that is reasonable under the applicable facts and circumstances.

Requests for an extension must designate a contact person and provide their current business street address, email address, and telephone number.

The Director of OEE is required to consider interim compliance or other corrective measures when evaluating a request for an extension.

Requests for an extension may include additional information that the person making the request reasonably believes is pertinent to the request under the applicable facts and circumstances.

Statutory sanctions are civil or criminal penalties.

The EAA allows for the seizure and forfeiture of any property pursuant to export laws and regulations administered or enforced by the Secretary.

The Department of State may issue licenses or approvals for the export or reexport of defense articles and defense services controlled under the Arms Export Control Act to persons convicted of criminal offenses specified at 22 U.S.C. 2778(g)(1)(A).

The Department of Defense may suspend the right of any person to contract with the United States Government based on export control violations.

Failure to report potential export control violations may result in the unwarranted issuance of licenses or exports without the required licenses.

The reporting provisions for violations of part 760 of the EAR are considered

Voluntary self-disclosure is not a mitigating factor in determining what administrative sanctions, if any, will be sought by OEE.

The provisions of the section on voluntary self-disclosure apply to disclosures of violations relating to part 760 of the EAR.

The provisions of the section on voluntary self-disclosure apply only when information is received by OEE for review after they have commenced an investigation or inquiry based on the same or substantially similar information from another source.

The Bureau of Industry and Security (BIS) can issue an order denying export privileges to individuals convicted of certain offenses under the Export Administration Act (EAA).

It is permitted to order, buy, remove, conceal, store, use, sell, loan, dispose of, transfer, finance, forward, or otherwise service an item subject to the EAR if there is knowledge that a violation has occurred or will occur in connection with that item.

`int x = 5; x += 3;` results in `x` having the value `8`.