22 cfr 128

Play an AI-generated podcast conversation about this lesson

What is the purpose of the Arms Export Control Act (AECA)?

To monitor the export of medical equipment

To oversee the import and export of defense articles and services (correct)

To control the international trade of automobiles

To regulate the import and export of agricultural products

Who is authorized to make decisions on license applications or written approval requests under the AECA?

The Director of the CIA

The Secretary of State (correct)

The President

The Secretary of Defense

In what instances is the Secretary of State authorized to revoke, suspend, or amend licenses or approvals under the AECA?

Never, as these actions are irrevocable

Whenever such action is deemed advisable (correct)

Only if instructed by Congress

Whenever deemed necessary by the President

Why is the administration of the AECA considered a foreign affairs function?

Based on its connection to the security and foreign policy of the United States (C) Signup and view all the answers

Why is the administration of the AECA exempt from various provisions of the Administrative Procedure Act?

Due to its highly discretionary nature and inclusion in foreign affairs functions (C) Signup and view all the answers

What authority does an Administrative Law Judge hold in relation to the AECA?

Handling legal disputes arising from AECA violations (C) Signup and view all the answers

What is the role of the Administrative Law Judge in the context provided?

To oversee charging letters and potential default cases (C) Signup and view all the answers

Under what circumstances can a resident respondent be served with a charging letter?

By leaving it at their dwelling with a suitable person residing therein (C) Signup and view all the answers

What happens if a respondent fails to answer the charging letter?

The respondent will be held in default (D) Signup and view all the answers

Who can apply to set aside a default order?

Any respondent against whom a default order has been issued (A) Signup and view all the answers

What should a respondent do within 30 days after receiving a charging letter?

Answer the charges in the charging letter (C) Signup and view all the answers

How is a non-resident respondent served with a charging letter?

By sending it to an official of their country of residence (B) Signup and view all the answers

What does the charging letter issued to a respondent contain?

Essential facts of the alleged violation and reference to the involved provision (B) Signup and view all the answers

What happens if a respondent files a petition to set aside a default order?

The default order remains valid during the process. (B) Signup and view all the answers

Who can represent the respondent during an oral hearing?

Counsel chosen by the respondent. (C) Signup and view all the answers

What is the consequence of not answering a charging letter within 30 days?

Considered an admission of truth and potential default. (D) Signup and view all the answers

What must the respondent do in the answer to the charging letter?

Admit or deny each separate allegation specifically (C) Signup and view all the answers

What is the consequence if a respondent fails to deny or controvert any particular allegation?

The allegation is considered admitted (B) Signup and view all the answers

How should a respondent address allegations they are unsure about in the charging letter?

State they are without knowledge and such statement will operate as denial (B) Signup and view all the answers

What happens if a defense or partial defense is not specifically set forth in the answer?

It is waived (D) Signup and view all the answers

When must translations into English be submitted for materials in another language?

Simultaneously with submission of the answer (B) Signup and view all the answers

What may happen to evidence offered by the respondent at a hearing if a defense was not set forth in the answer?

It will be refused except upon good cause being shown (D) Signup and view all the answers

When must a respondent transmit correspondence, papers, and other evidence upon not demanding an oral hearing?

Within 7 days after the service of the answer (A) Signup and view all the answers

Where should the answer, written demand for oral hearing (if any), and supporting evidence be mailed or delivered to?

Both the Administrative Law Judge and Deputy Assistant Secretary of State for Defense Trade Controls (A) Signup and view all the answers

'Discovery' in legal proceedings refers to which of the following?

'Discovery' refers to requesting information relevant to the case (B) Signup and view all the answers

'Subpoenas' may be issued by whom during legal proceedings?

'Subpoenas' may be issued by the Administrative Law Judge upon request of any party (B) Signup and view all the answers

What is the purpose of setting a probationary period in a debarment order?

To hold the debarment order in abeyance for a specific period (B) Signup and view all the answers

Who has the authority to recommend the revocation of probation in a debarment order?

Administrative Law Judge (A) Signup and view all the answers

What must be submitted along with objections filed with the Administrative Law Judge?

Denials, admissions, and evidence supporting them (D) Signup and view all the answers

Under what circumstances may an oral hearing be requested when filing objections?

If there are no issues of material fact to be determined (B) Signup and view all the answers

What happens when a probationary period is revoked?

It allows other actions for further violations to proceed (C) Signup and view all the answers

Who ultimately determines whether an application to revoke probation should be granted or denied?

Assistant Secretary for Political-Military Affairs (C) Signup and view all the answers

What must an appeal specify?

Grounds for the appeal (C) Signup and view all the answers

When must an appeal from a final order be filed?

Within 30 days after receipt of the order (C) Signup and view all the answers

What will be considered in an appeal?

The assembled record (B) Signup and view all the answers

What can lead to a rehearing before the Administrative Law Judge?

New evidence is relevant and material and not reasonably available to the respondent before (D) Signup and view all the answers

How should an appeal be prepared?

In letter form (B) Signup and view all the answers

What is the effect of taking an appeal on an order?

None of the above (D) Signup and view all the answers

Who should an appeal be addressed to?

Under Secretary of State for Arms Control and International Security (B) Signup and view all the answers

What happens if an appeal is denied?

A request for reconsideration can be made. (A) Signup and view all the answers

What action may the Administrative Law Judge take if a respondent fails to respond with reasonable diligence to requests for discovery?

Dismiss the charges on her or his own or on a motion of the respondent (C) Signup and view all the answers

What may happen if a third party fails to respond to a request for information?

The Administrative Law Judge may determine if substitute information can be used (D) Signup and view all the answers

When is a respondent not entitled to a hearing according to §128.8?

When no answer is filed (C) Signup and view all the answers

In what situations can an oral hearing be demanded according to §128.8?

When no issues of material fact are raised in the answer (D) Signup and view all the answers

What might the Administrative Law Judge request if a prehearing conference is impracticable?

Parties to correspond with each other (D) Signup and view all the answers

What may the Administrative Law Judge do if a respondent's answer is struck and declared in default?

Proceed with making any other ruling deemed necessary and just under the circumstances (A) Signup and view all the answers

What does the Administrative Law Judge do if a fair hearing cannot be held without evidence from a third party?

Determine if substitute information is adequate to protect the rights of the respondent (A) Signup and view all the answers

Under what circumstances can an Administrative Law Judge dismiss charges according to §128.7?

If a fair hearing cannot be held without necessary evidence (C) Signup and view all the answers

What is one of the matters that may be considered at a prehearing conference according to §128.7(a)?

Simplification of hearings (D) Signup and view all the answers

When may an Administrative Law Judge proceed without an oral hearing according to §128.8?

When issues of material fact are raised in the answer (B) Signup and view all the answers

What does the Administrative Law Judge's report include?

Findings of fact, findings of law, a finding whether a law or regulation has been violated, and recommendations (C) Signup and view all the answers

In a case where the evidence is insufficient to support charges, who can dismiss the charges?

Deputy Assistant Secretary of State for Defense Trade Controls (D) Signup and view all the answers

What action can the Deputy Assistant Secretary of State for Defense Trade Controls take if a violation has been committed?

Issue a debarment order or impose a civil penalty (C) Signup and view all the answers

In what situation may cases be settled prior to the service of a charging letter?

If both parties agree to submit a consent agreement and order for approval (D) Signup and view all the answers

When may the Administrative Law Judge grant a rehearing or reopen a proceeding?

When new evidence becomes available after the closing arguments (C) Signup and view all the answers

Who reviews the Administrative Law Judge's report and makes the appropriate disposition of the case?

Assistant Secretary for Political-Military Affairs (D) Signup and view all the answers

What is contained in a debarment order if issued by the Deputy Assistant Secretary of State for Defense Trade Controls?

Additional terms and conditions deemed appropriate (A) Signup and view all the answers

What does the Administrative Law Judge do if a proposal for a consent order is not approved?

Notify the parties and proceed with the case as if no proposal was made (B) Signup and view all the answers

Who may issue an order debarring a respondent from participating in exporting defense articles or services?

Deputy Assistant Secretary of State for Defense Trade Controls (C) Signup and view all the answers

Under what circumstances may cases settled prior to service of a charging letter be reopened or appealed?

No circumstances allow for reopening or appeal once settled (D) Signup and view all the answers