764 V2
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Questions and Answers

What is the main purpose of this section?

  • To provide guidance on the application of §764.2(e) to activities involving items that may have been illegally exported or reexported to Libya before the comprehensive embargo ended. (correct)
  • To define the term 'installed base' items.
  • To prohibit any activities involving items that may have been illegally exported or reexported to Libya.
  • To outline the licensing requirements for exporting or reexporting items to Libya.

What is prohibited by General Prohibition Ten at §736.2(b)(10) of the EAR?

  • Ordering, buying, removing, concealing, storing, using, selling, loaning, disposing of, transferring, financing, forwarding, or otherwise servicing any item subject to the EAR.
  • Ordering, buying, removing, concealing, storing, using, selling, loaning, disposing of, transferring, financing, forwarding, or otherwise servicing any item subject to the EAR with knowledge that a violation has occurred or will occur in connection with the item. (correct)
  • Engaging in any activities involving items that may have been illegally exported or reexported to Libya before the comprehensive embargo ended.
  • Exporting or reexporting any item subject to the EAR to Libya without a license.

What is the term used in the text to refer to items that may have been illegally exported or reexported to Libya before the comprehensive embargo ended?

  • Prohibited items
  • Legacy items
  • Embargo items
  • Installed base items (correct)

What is required for activities involving installed base items in Libya that were exported or reexported before April 29, 2004?

<p>No license is required, but a report must be submitted to BIS. (B)</p> Signup and view all the answers

What is the scope of the installed base items described in paragraph (b)(1)(i) of this section?

<p>Items that were exported or reexported to Libya before April 29, 2004, and are subject to the EAR. (A)</p> Signup and view all the answers

What is the significance of April 29, 2004, as mentioned in the text?

<p>It is the date when the comprehensive embargo on Libya ended. (B)</p> Signup and view all the answers

What types of documents must accompany the narrative account in a voluntary self-disclosure?

<p>Copies of boycott certifications, declarations, and other documents related to the violation (C)</p> Signup and view all the answers

How long must relevant documents not attached to the narrative account be retained by the person making the disclosure?

<p>Until the documents are no longer required to be kept under part 762 of the EAR (D)</p> Signup and view all the answers

Who should sign the certification that all representations made in the voluntary self-disclosure are true and correct?

<p>An official of the organization making the disclosure with the authority to do so (C)</p> Signup and view all the answers

What is the typical course of action taken by BIS after receiving a voluntary self-disclosure?

<p>BIS may take a range of actions, including informing the disclosing party of no planned action, issuing a warning letter, issuing a proposed charging letter, or referring the matter to the Department of Justice (B)</p> Signup and view all the answers

What is BIS's typical approach to whether to pursue an antiboycott administrative enforcement case?

<p>BIS's approach is described in Supplement no. 2 to part 766 of the EAR (D)</p> Signup and view all the answers

What is the purpose of the narrative account in a voluntary self-disclosure?

<p>To provide a detailed explanation of the violation and supporting documentation (A)</p> Signup and view all the answers

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

<p>To the Office of Antiboycott Compliance at the specified address (C)</p> Signup and view all the answers

What is the purpose of the certification required in a voluntary self-disclosure?

<p>To ensure that the disclosing party has made a complete and truthful disclosure (D)</p> Signup and view all the answers

What is the typical approach of OAC after receiving a voluntary self-disclosure?

<p>OAC will acknowledge the disclosure and take whatever additional action it deems appropriate (D)</p> Signup and view all the answers

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

<p>OAC believes oral presentations are generally not necessary to augment the written disclosure (C)</p> Signup and view all the answers

Which of the following items is NOT within the scope of paragraph (b)(1) of this section?

<p>An item on the Commerce Control List that requires a license to be exported or reexported to Libya (C)</p> Signup and view all the answers

What is the reporting requirement for anyone engaging in activity described in paragraph (b)(1)?

<p>Submit a report to BIS's Office of Export Enforcement within 90 days of the first activity, including all known material facts (D)</p> Signup and view all the answers

If new material information is discovered regarding the export or reexport of an installed base item to Libya, what action is required?

<p>An additional report must be submitted (D)</p> Signup and view all the answers

For activities involving installed base items in Libya not described in paragraph (b)(1)(i), what is required?

<p>A license from BIS must be obtained prior to engaging in any such activities (D)</p> Signup and view all the answers

What is the licensing policy for applications related to military, police, intelligence, or other sensitive end-uses in Libya?

<p>A general policy of denial will be applied (B)</p> Signup and view all the answers

Which of the following statements is true regarding the exclusion mentioned in paragraph (b)(3)?

<p>The provisions of this section do not apply to activities undertaken by the original party to the illegal export or reexport (A)</p> Signup and view all the answers

What is required for license applications related to activities involving installed base items in Libya?

<p>A detailed description of the relevant activity within the scope of §764.2(e) (A)</p> Signup and view all the answers

What should license applications include regarding how the installed base item originally arrived in Libya?

<p>All known material facts (D)</p> Signup and view all the answers

If you know that an item to be exported or reexported to a third party will be used on an installed base item not described in paragraph (b)(1)(i), what is required?

<p>A license from BIS is required (A)</p> Signup and view all the answers

What consideration will be given for license applications related to civil end-uses in Libya?

<p>Favorable consideration will be given (A)</p> Signup and view all the answers

For which of the following violations should a person voluntarily self-disclose?

<p>All of the above (D)</p> Signup and view all the answers

What is the general policy stated in the text regarding voluntary self-disclosures?

<p>BIS strongly encourages voluntary self-disclosures, as they are a mitigating factor for enforcement actions (B)</p> Signup and view all the answers

When does a voluntary self-disclosure cease to be considered as such by BIS?

<p>When BIS commences an investigation or inquiry based on information from another source (C)</p> Signup and view all the answers

Which of the following statements is true regarding voluntary self-disclosures, according to the text?

<p>The mitigating effect of voluntary self-disclosure may be outweighed by aggravating factors (B)</p> Signup and view all the answers

Which of the following constitutes the receipt of information from another source for purposes of voluntary self-disclosure?

<p>A mandatory report filed under §760.5 of the EAR that discloses a prohibited action (B)</p> Signup and view all the answers

Which of the following is required when applying for a license that involves an installed base item in Libya?

<p>Both specifying the activity related to the installed base item and including information about how it arrived in Libya (C)</p> Signup and view all the answers

What may be allowed based on permission from BIS in some cases?

<p>Activities related to unlawfully exported or reexported items (B)</p> Signup and view all the answers

What is the relationship between the requirements in this section and other license requirements for Libya?

<p>A license may be required pursuant to another provision of the EAR, in addition to the requirements in this section (B)</p> Signup and view all the answers

Which of the following statements is true regarding voluntary self-disclosures and criminal prosecution?

<p>Voluntary self-disclosure does not prevent transactions from being referred to the Department of Justice for criminal prosecution (D)</p> Signup and view all the answers

What is the purpose of the initial notification to OAC?

<p>To describe the general nature and extent of the suspected violations. (A)</p> Signup and view all the answers

What is the recommended time period for the review of business transactions where possible antiboycott provision violations are suspected?

<p>5 years prior to the initial notification. (A)</p> Signup and view all the answers

Which of the following is NOT required to be included in the narrative account provided to OAC?

<p>The specific dollar amount of the transactions involved in the violations. (D)</p> Signup and view all the answers

What is the purpose of the narrative account provided to OAC?

<p>To assess the nature and gravity of the suspected violations. (B)</p> Signup and view all the answers

What is the purpose of the provisions in this section, according to the text?

<p>To provide a framework for voluntary self-disclosure of antiboycott provision violations. (C)</p> Signup and view all the answers

What is the significance of the initial notification date for the purposes of 764.8(b)(3)?

<p>It determines when the voluntary self-disclosure will be deemed to have been made. (B)</p> Signup and view all the answers

What does the text say about violations that are not voluntarily disclosed?

<p>They will not receive the same mitigation as the violations voluntarily self-disclosed. (B)</p> Signup and view all the answers

Who must have full knowledge and authorization for a firm to be deemed to have made a voluntary self-disclosure?

<p>The firm's senior management or a person with authority to make such disclosures. (A)</p> Signup and view all the answers

What is the purpose of the provisions in this section, according to the text?

<p>To encourage voluntary self-disclosure of antiboycott provision violations. (B)</p> Signup and view all the answers

What is the significance of the narrative account provided to OAC, according to the text?

<p>It allows OAC to assess the nature and gravity of the suspected violations. (A)</p> Signup and view all the answers

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