764 V2 T/ F

A nonU.S. Third Party is not allowed to order, buy, remove, conceal, store, use, sell, loan, dispose of, transfer, finance, forward, or otherwise service, in whole or in part, any item subject to the EAR with knowledge that a violation has occurred, or will occur, in connection with the item.

The comprehensive embargo on Libya ended on May 1, 2004.

Activities involving installed base items in Libya that were exported or reexported before April 29, 2004 do not require a license from BIS, subject to the reporting requirement.

The EAR prohibits the use of items subject to the EAR, even if the items were illegally exported or reexported to Libya before the comprehensive embargo ended.

The EAR allows the disposal of items subject to the EAR that were illegally exported or reexported to Libya before the comprehensive embargo ended.

An installed base item must be on the Commerce Control List to be within the scope of paragraph (b)(1) of this section.

A license is required to engage in activities involving any installed base item located in Libya, regardless of whether it is described in paragraph (b)(1)(i).

Any person engaging in activities described in paragraph (b)(1) must submit a report to BIS's Office of Export Enforcement within 90 days.

License applications related to military, police, intelligence, or other sensitive end-uses in Libya will generally be approved.

If new material information is discovered about the export/reexport of an installed base item to Libya, an additional report must be submitted.

The provisions of this section apply to activities undertaken by a person who was party to the original illegal export/reexport of the installed base item to Libya.

License applications should fully describe the relevant activity within the scope of $\S764.2(e)$ that is the basis of the application.

A report addressing multiple activities and/or installed base items can be submitted to the Office of Export Enforcement.

If an item to be exported/reexported to a third party will be used on an installed base item not described in paragraph (b)(1)(i), this section does not apply.

Favorable consideration will be given for license applications related to civil end-uses in Libya.

Voluntary self-disclosure of violations pursuant to the procedures set forth in §764.5 may allow activities related to unlawfully exported or reexported items to be undertaken without permission from BIS.

A license may be required pursuant to another provision of the EAR to engage in activity involving Libya, even if the activity is within the scope of §764.2(e).

The Department of Justice has the sole discretion to consider a voluntary self-disclosure by a firm as a mitigating factor.

If a license is required for a transaction involving Libya and the transaction also involves activity within the scope of §764.2(e), the license application must include all known information about how the installed base item originally arrived in Libya.

The section §764.8 sets forth procedures for disclosing violations of part 760 of the EAR and violations of part 762 with respect to records related to part 761.

A firm is deemed to have made a disclosure only if the individual making the disclosure had the authorization of senior management or someone with authority to disclose on behalf of the firm.

BIS strongly encourages disclosure to the Office of Antiboycott Compliance (OAC) if a violation of the antiboycott provisions is suspected.

The provisions outlined in the text create legally enforceable rights or protections for any person, business, or entity.

The provisions of §764.8 apply only when information is provided to OAC for its review in determining whether to take administrative action under parts 764 and 766 of the EAR for violations of the antiboycott provisions.

The initial notification of a voluntary self-disclosure must be made in writing and should include a brief description of the suspected violations.

If OAC receives a voluntary self-disclosure after it has commenced an investigation or inquiry in connection with the same or substantially similar information from another source, the provisions of §764.8 still apply.

The narrative account should cover a period of at least 10 years prior to the initial notification.

For purposes of §764.8, OAC's receipt of a report required to be filed under §760.5 of the EAR that discloses a prohibited action does not constitute the receipt of information from another source.

The failure to disclose violations not voluntarily self-disclosed will be treated as a separate violation under the Export Administration Regulations.

If a person reveals a violation to OAC while seeking advice about the antiboycott provisions, it constitutes a voluntary self-disclosure or initial notification of a voluntary self-disclosure for purposes of §764.8.

The narrative account should describe the nature of the review conducted and measures taken to minimize future violations.

The narrative account should include the identities and addresses of only the foreign individuals and organizations involved in the activities giving rise to the violations.

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

The narrative account should describe any mitigating factors related to the violations.

$4(3 + 2)$ is equal to $20$.

The narrative account must be accompanied by copies of documents that explain and support it.

The person making the disclosure must retain all relevant documents until they are supplied to the Office of Antiboycott Compliance (OAC).

Certifications made by a corporation or other organization should be signed by an official with the authority to do so.

Oral presentations are generally necessary to augment the written narrative account and supporting documentation.

After receiving the required narrative and supporting documentation, OAC will always issue a warning letter.

Supplement no. 2 to part 766 of the EAR describes how BIS typically exercises its discretion regarding whether to pursue an antiboycott administrative enforcement case and what administrative sanctions to seek.

The person making the disclosure must submit a certification stating that all representations made in connection with the voluntary self-disclosure are true and correct.

The information constituting a voluntary self-disclosure should be submitted to the Department of Justice.

BIS may issue a charging letter pursuant to 766.3 of the EAR if a settlement is reached.

The person making the disclosure must retain all relevant documents until BIS informs them that it will take no action.