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Questions and Answers
What is the purpose of the Arms Export Control Act (AECA)?
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?
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?
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?
Why is the administration of the AECA considered a foreign affairs function?
Why is the administration of the AECA exempt from various provisions of the Administrative Procedure Act?
Why is the administration of the AECA exempt from various provisions of the Administrative Procedure Act?
What authority does an Administrative Law Judge hold in relation to the AECA?
What authority does an Administrative Law Judge hold in relation to the AECA?
What is the role of the Administrative Law Judge in the context provided?
What is the role of the Administrative Law Judge in the context provided?
Under what circumstances can a resident respondent be served with a charging letter?
Under what circumstances can a resident respondent be served with a charging letter?
What happens if a respondent fails to answer the charging letter?
What happens if a respondent fails to answer the charging letter?
Who can apply to set aside a default order?
Who can apply to set aside a default order?
What should a respondent do within 30 days after receiving a charging letter?
What should a respondent do within 30 days after receiving a charging letter?
How is a non-resident respondent served with a charging letter?
How is a non-resident respondent served with a charging letter?
What does the charging letter issued to a respondent contain?
What does the charging letter issued to a respondent contain?
What happens if a respondent files a petition to set aside a default order?
What happens if a respondent files a petition to set aside a default order?
Who can represent the respondent during an oral hearing?
Who can represent the respondent during an oral hearing?
What is the consequence of not answering a charging letter within 30 days?
What is the consequence of not answering a charging letter within 30 days?
What must the respondent do in the answer to the charging letter?
What must the respondent do in the answer to the charging letter?
What is the consequence if a respondent fails to deny or controvert any particular allegation?
What is the consequence if a respondent fails to deny or controvert any particular allegation?
How should a respondent address allegations they are unsure about in the charging letter?
How should a respondent address allegations they are unsure about in the charging letter?
What happens if a defense or partial defense is not specifically set forth in the answer?
What happens if a defense or partial defense is not specifically set forth in the answer?
When must translations into English be submitted for materials in another language?
When must translations into English be submitted for materials in another language?
What may happen to evidence offered by the respondent at a hearing if a defense was not set forth in the answer?
What may happen to evidence offered by the respondent at a hearing if a defense was not set forth in the answer?
When must a respondent transmit correspondence, papers, and other evidence upon not demanding an oral hearing?
When must a respondent transmit correspondence, papers, and other evidence upon not demanding an oral hearing?
Where should the answer, written demand for oral hearing (if any), and supporting evidence be mailed or delivered to?
Where should the answer, written demand for oral hearing (if any), and supporting evidence be mailed or delivered to?
'Discovery' in legal proceedings refers to which of the following?
'Discovery' in legal proceedings refers to which of the following?
'Subpoenas' may be issued by whom during legal proceedings?
'Subpoenas' may be issued by whom during legal proceedings?
What is the purpose of setting a probationary period in a debarment order?
What is the purpose of setting a probationary period in a debarment order?
Who has the authority to recommend the revocation of probation in a debarment order?
Who has the authority to recommend the revocation of probation in a debarment order?
What must be submitted along with objections filed with the Administrative Law Judge?
What must be submitted along with objections filed with the Administrative Law Judge?
Under what circumstances may an oral hearing be requested when filing objections?
Under what circumstances may an oral hearing be requested when filing objections?
What happens when a probationary period is revoked?
What happens when a probationary period is revoked?
Who ultimately determines whether an application to revoke probation should be granted or denied?
Who ultimately determines whether an application to revoke probation should be granted or denied?
What must an appeal specify?
What must an appeal specify?
When must an appeal from a final order be filed?
When must an appeal from a final order be filed?
What will be considered in an appeal?
What will be considered in an appeal?
What can lead to a rehearing before the Administrative Law Judge?
What can lead to a rehearing before the Administrative Law Judge?
How should an appeal be prepared?
How should an appeal be prepared?
What is the effect of taking an appeal on an order?
What is the effect of taking an appeal on an order?
Who should an appeal be addressed to?
Who should an appeal be addressed to?
What happens if an appeal is denied?
What happens if an appeal is denied?
What action may the Administrative Law Judge take if a respondent fails to respond with reasonable diligence to requests for discovery?
What action may the Administrative Law Judge take if a respondent fails to respond with reasonable diligence to requests for discovery?
What may happen if a third party fails to respond to a request for information?
What may happen if a third party fails to respond to a request for information?
When is a respondent not entitled to a hearing according to §128.8?
When is a respondent not entitled to a hearing according to §128.8?
In what situations can an oral hearing be demanded according to §128.8?
In what situations can an oral hearing be demanded according to §128.8?
What might the Administrative Law Judge request if a prehearing conference is impracticable?
What might the Administrative Law Judge request if a prehearing conference is impracticable?
What may the Administrative Law Judge do if a respondent's answer is struck and declared in default?
What may the Administrative Law Judge do if a respondent's answer is struck and declared in default?
What does the Administrative Law Judge do if a fair hearing cannot be held without evidence from a third party?
What does the Administrative Law Judge do if a fair hearing cannot be held without evidence from a third party?
Under what circumstances can an Administrative Law Judge dismiss charges according to §128.7?
Under what circumstances can an Administrative Law Judge dismiss charges according to §128.7?
What is one of the matters that may be considered at a prehearing conference according to §128.7(a)?
What is one of the matters that may be considered at a prehearing conference according to §128.7(a)?
When may an Administrative Law Judge proceed without an oral hearing according to §128.8?
When may an Administrative Law Judge proceed without an oral hearing according to §128.8?
What does the Administrative Law Judge's report include?
What does the Administrative Law Judge's report include?
In a case where the evidence is insufficient to support charges, who can dismiss the charges?
In a case where the evidence is insufficient to support charges, who can dismiss the charges?
What action can the Deputy Assistant Secretary of State for Defense Trade Controls take if a violation has been committed?
What action can the Deputy Assistant Secretary of State for Defense Trade Controls take if a violation has been committed?
In what situation may cases be settled prior to the service of a charging letter?
In what situation may cases be settled prior to the service of a charging letter?
When may the Administrative Law Judge grant a rehearing or reopen a proceeding?
When may the Administrative Law Judge grant a rehearing or reopen a proceeding?
Who reviews the Administrative Law Judge's report and makes the appropriate disposition of the case?
Who reviews the Administrative Law Judge's report and makes the appropriate disposition of the case?
What is contained in a debarment order if issued by the Deputy Assistant Secretary of State for Defense Trade Controls?
What is contained in a debarment order if issued by the Deputy Assistant Secretary of State for Defense Trade Controls?
What does the Administrative Law Judge do if a proposal for a consent order is not approved?
What does the Administrative Law Judge do if a proposal for a consent order is not approved?
Who may issue an order debarring a respondent from participating in exporting defense articles or services?
Who may issue an order debarring a respondent from participating in exporting defense articles or services?
Under what circumstances may cases settled prior to service of a charging letter be reopened or appealed?
Under what circumstances may cases settled prior to service of a charging letter be reopened or appealed?
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