764 V2 T/ F
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Questions and Answers

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.

True

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

False

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.

True

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.

<p>True</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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).

<p>False</p> Signup and view all the answers

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

<p>True</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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

<p>True</p> Signup and view all the answers

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.

<p>False</p> Signup and view all the answers

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

<p>True</p> Signup and view all the answers

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

<p>True</p> Signup and view all the answers

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.

<p>False</p> Signup and view all the answers

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

<p>True</p> Signup and view all the answers

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.

<p>False</p> Signup and view all the answers

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).

<p>True</p> Signup and view all the answers

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

<p>True</p> Signup and view all the answers

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.

<p>True</p> Signup and view all the answers

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.

<p>False</p> Signup and view all the answers

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.

<p>True</p> Signup and view all the answers

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

<p>True</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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.

<p>True</p> Signup and view all the answers

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

<p>True</p> Signup and view all the answers

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.

<p>False</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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.

<p>False</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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.

<p>False</p> Signup and view all the answers

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

<p>True</p> Signup and view all the answers

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.

<p>False</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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

<p>True</p> Signup and view all the answers

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

<p>True</p> Signup and view all the answers

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

<p>True</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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

<p>True</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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.

<p>True</p> Signup and view all the answers

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.

<p>True</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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

<p>False</p> Signup and view all the answers

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

<p>True</p> Signup and view all the answers

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