764.8 V1

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What does part 760 of the EAR specifically address?

Protective administrative measures
Antiboycott violations (correct)
Criminal sanctions
Administrative sanctions

Which part describes conduct that constitutes a violation of the ECRA and/or the EAR?

Neither administrative nor criminal sanctions
11A, B, and C of the EAA
Part 760
Part 764 (correct)

Who may not engage in any transaction prohibited by or contrary to ECRA or the EAR?

Any individual or entity (correct)
Only individuals, not entities
Government agencies
A person who has received a license

Which part specifies the sanctions that may be imposed by a United States court for violations?

11A, B, and C of the EAA (D) Signup and view all the answers

In what circumstances can a person cause, aid, or abet a violation according to the text?

Under no circumstances (A) Signup and view all the answers

What is the purpose of identifying protective administrative measures in this part?

To assist in reporting violations (C) Signup and view all the answers

What may be a condition for the granting, restoration, or continuing validity of an export license?

Payment of any civil penalty within two years (B) Signup and view all the answers

What may happen if the conditions of deferral, suspension, or probation are not fulfilled?

The penalty collection will not be barred (B) Signup and view all the answers

Under what circumstances can an order denying export privileges be imposed?

Both as a sanction for a violation and as a protective measure (C) Signup and view all the answers

What does a denial order restrict?

The ability to engage in exports and reexports (A) Signup and view all the answers

Who has the authority to issue a non-standard denial order?

Office of Exporter Services (A) Signup and view all the answers

Which conduct may be subject to sanctions in addition to criminal and administrative measures under ECRA or the EAR?

Conduct specified in sections 11A, B, and C of the EAA (C) Signup and view all the answers

What is meant by non-criminal statutory sanctions?

Restrictions on imports and procurement (A) Signup and view all the answers

What does an order excluding someone from practice in front of BIS restrict?

Ability to act as an attorney before BIS (D) Signup and view all the answers

How can authorization to engage in actions prohibited by a denial order be granted?

By submitting a written request (D) Signup and view all the answers

What is one outcome if any property is seized pursuant to export laws?

Subject to forfeiture (B) Signup and view all the answers

What action may OEE take after receiving a voluntary self-disclosure?

Inform the person that no further action will be taken (D) Signup and view all the answers

What is the purpose of the criteria described in Supplement No. 1 to part 766 of the EAR?

To specify the factors BIS considers when deciding whether to pursue an administrative enforcement case (C) Signup and view all the answers

What must a person do if they have made a voluntary self-disclosure and wish to engage in activities that would otherwise be prohibited under §764.2(e)?

Obtain a license from BIS to engage in those activities (A) Signup and view all the answers

What is the purpose of the provisions in §764.6 regarding protective administrative measures?

To outline the process for issuing temporary denial orders and denial orders based on criminal convictions (B) Signup and view all the answers

What must a person do if they are seeking reexport authorization for items that are the subject of a voluntary self-disclosure?

State in the reexport authorization request that a voluntary self-disclosure was made (A) Signup and view all the answers

What is the purpose of the provisions in §764.7 regarding activities involving items that may have been illegally exported or reexported to Libya?

To prohibit any transactions involving items that may have been illegally exported or reexported to Libya (D) Signup and view all the answers

What is the purpose of the provisions in §764.2(e) regarding causing, aiding, or abetting a violation?

To establish that any person taking certain actions with knowledge of a violation has committed a violation themselves (B) Signup and view all the answers

What is the purpose of the provisions in the text regarding the treatment of unlawfully exported items after a voluntary self-disclosure?

To outline the process for obtaining reexport authorization for items that were the subject of a voluntary self-disclosure (C) Signup and view all the answers

What is the purpose of the provisions in §764.6 regarding the revocation or suspension of licenses?

To specify the circumstances under which BIS may revise, suspend, or revoke export licenses (A) Signup and view all the answers

What is the purpose of the provisions in §764.6(c) regarding temporary denial orders?

To outline the process for issuing temporary denial orders when necessary to prevent an imminent violation (C) Signup and view all the answers

Which agency may suspend a person's right to contract with the U.S. Government based on export control violations?

The Department of Defense (B) Signup and view all the answers

Where should a person notify if they learn that an export control violation of the EAR has occurred or may occur?

The Office of Export Enforcement, Bureau of Industry and Security, U.S. Department of Commerce (D) Signup and view all the answers

What is the consequence of failing to report potential export control violations?

Licenses or exports may be issued without the required licenses, to the detriment of the interests of the United States. (B) Signup and view all the answers

What is the relationship between voluntary self-disclosure and administrative sanctions by the Office of Export Enforcement (OEE)?

Voluntary self-disclosure is a mitigating factor in determining what administrative sanctions, if any, will be sought by OEE. (D) Signup and view all the answers

What is prohibited under the EAR regarding solicitation and attempt?

No person may solicit or attempt a violation of ECRA, the EAR, or any order, license, or authorization issued thereunder. (D) Signup and view all the answers

What is prohibited under the EAR regarding conspiracy?

No person may conspire or act in concert with one or more persons to bring about or to do any act that constitutes a violation of ECRA, the EAR, or any order, license, or authorization issued thereunder. (D) Signup and view all the answers

What is prohibited under the EAR regarding acting with knowledge of a violation?

No person may order, buy, remove, conceal, store, use, sell, loan, dispose of, transfer, transport, finance, forward, or otherwise service, in whole or in part, or conduct negotiations to facilitate such activities with respect to, any item that has been, is being, or is about to be exported, reexported, or transferred (in-country), or that is otherwise subject to the EAR, with knowledge that a violation of ECRA, the EAR, or any order, license, or authorization issued thereunder, has occurred, is about to occur, or is intended to occur in connection with the item. (B) Signup and view all the answers

What is prohibited under the EAR regarding misrepresentation and concealment of facts?

No person may make any false or misleading representation, statement, or certification, or falsify or conceal any material fact, either directly to BIS or an official of any other United States agency, or indirectly through any other person. (D) Signup and view all the answers

What is prohibited under the EAR regarding evasion?

No person may engage in any transaction or take any other action with intent to evade the provisions of ECRA, the EAR, or any order, license or authorization issued thereunder. (C) Signup and view all the answers

What is prohibited under the EAR regarding failure to comply with reporting and recordkeeping requirements?

No person may fail or refuse to comply with any reporting or recordkeeping requirement of ECRA, the EAR, or of any order, license, or authorization issued thereunder. (D) Signup and view all the answers

What is the recommended period of time that the review should cover?

5 years (C) Signup and view all the answers

What should the narrative account describe regarding the suspected violations?

The nature and gravity of the suspected violations, the nature of the review conducted, and the measures taken to minimize the likelihood of future violations (A) Signup and view all the answers

What should the narrative account include regarding the individuals and organizations involved in the suspected violations?

The complete identities and addresses of all individuals and organizations, whether foreign or domestic, involved in the activities giving rise to the violations (D) Signup and view all the answers

What is the purpose of the supporting documentation that should accompany the narrative account?

To explain and support the narrative account (C) Signup and view all the answers

What is the purpose of the certification that must be submitted with the voluntary self-disclosure?

To state that all the representations made in connection with the voluntary self-disclosure are true and correct to the best of the person's knowledge and belief (D) Signup and view all the answers

What is the purpose of the oral presentation mentioned in the text?

OEE believes that oral presentations are generally not necessary to augment the written narrative account and supporting documentation (A) Signup and view all the answers

What is the purpose of the review mentioned in the text?

To identify any potential violations of export-related transactions (C) Signup and view all the answers

What is the consequence of failing to make voluntary disclosures of violations?

The violations will not be considered for any potential mitigation or leniency (D) Signup and view all the answers

Where should the information constituting a voluntary self-disclosure be submitted?

To the Director, Office of Export Enforcement (B) Signup and view all the answers

What is required for a complete narrative account?

Pertinent information from paragraphs (c)(3), (c)(4), and (c)(5), and the voluntary self-disclosure must otherwise meet the requirements of this section (B) Signup and view all the answers

Under what conditions may the Director of OEE extend the 180-day deadline?

All of the above (D) Signup and view all the answers

What information should a request to extend the 180-day deadline include, according to the text?

All of the above (D) Signup and view all the answers

When should requests for an extension be made?

Before the 180-day deadline and as soon as possible once the disclosing person determines they will be unable to meet the deadline (C) Signup and view all the answers

What is the consequence if a request for an extension is not received before the deadline for completing the narrative account has passed?

The request will not be considered (C) Signup and view all the answers

What is the risk for parties who request an extension shortly before the deadline?

The Director of OEE may not have enough time to consider the request, determine whether to grant it, and communicate the decision before the deadline (A) Signup and view all the answers

What is the purpose of the 180-day deadline for the narrative account?

To encourage timely self-disclosure of violations (D) Signup and view all the answers

What is the main requirement for a disclosing person to be granted an extension to the 180-day deadline?

The disclosing person must show that more than 180 days is reasonably needed to complete the narrative account (B) Signup and view all the answers

Which of the following is NOT mentioned in the text as a condition the Director of OEE may place on an extension of the 180-day deadline?

Requiring the disclosing person to pay a monetary fine (C) Signup and view all the answers

What is the main purpose of the narrative account that must be completed within the 180-day deadline?

To provide a complete and accurate disclosure of all violations (C) Signup and view all the answers

What is required for a firm to be deemed to have made a disclosure?

The individual making the disclosure must have the full knowledge and authorization of the firm's senior management. (D) Signup and view all the answers

What does the text state regarding the creation or granting of rights or privileges by the provisions of this section?

The provisions should not be relied upon to create, confer, or grant any enforceable rights or privileges. (B) Signup and view all the answers

How should a person wanting to make a voluntary self-disclosure initially notify OEE?

They should initially notify OEE in writing and provide a brief description of the suspected violations. (B) Signup and view all the answers

What is the purpose of the initial notification, according to the text?

To designate a contact person and provide a brief description of the suspected violations. (A) Signup and view all the answers

What is the deadline for submitting the complete narrative account, according to the text?

Within 180 days of the initial notification date, unless an extension is granted by the Director of OEE. (A) Signup and view all the answers

What happens if the narrative account is not received within the specified deadline?

It may reduce or eliminate the mitigating impact of the voluntary disclosure. (B) Signup and view all the answers

In what situation does the text suggest that it may not be practical to make an initial notification in writing?

When a shipment leaves the United States without the required license, and there is still an opportunity to prevent acquisition of the items by unauthorized persons. (C) Signup and view all the answers

What should a person do if they make an oral initial notification instead of a written one?

They should confirm the oral notification in writing as soon as possible. (D) Signup and view all the answers

What determines the initial notification date for purposes of calculating the deadline for submitting the narrative account?

The date the initial notification is received by OEE. (A) Signup and view all the answers

What will happen if the initial notification and subsequent narrative account are submitted within the specified deadlines, according to the text?

The disclosure will be deemed to have been made on the initial notification date. (A) Signup and view all the answers