22 cfr 128
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Questions and Answers

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?

    <p>Based on its connection to the security and foreign policy of the United States</p> Signup and view all the answers

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

    <p>Due to its highly discretionary nature and inclusion in foreign affairs functions</p> Signup and view all the answers

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

    <p>Handling legal disputes arising from AECA violations</p> Signup and view all the answers

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

    <p>To oversee charging letters and potential default cases</p> Signup and view all the answers

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

    <p>By leaving it at their dwelling with a suitable person residing therein</p> Signup and view all the answers

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

    <p>The respondent will be held in default</p> Signup and view all the answers

    Who can apply to set aside a default order?

    <p>Any respondent against whom a default order has been issued</p> Signup and view all the answers

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

    <p>Answer the charges in the charging letter</p> Signup and view all the answers

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

    <p>By sending it to an official of their country of residence</p> Signup and view all the answers

    What does the charging letter issued to a respondent contain?

    <p>Essential facts of the alleged violation and reference to the involved provision</p> Signup and view all the answers

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

    <p>The default order remains valid during the process.</p> Signup and view all the answers

    Who can represent the respondent during an oral hearing?

    <p>Counsel chosen by the respondent.</p> Signup and view all the answers

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

    <p>Considered an admission of truth and potential default.</p> Signup and view all the answers

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

    <p>Admit or deny each separate allegation specifically</p> Signup and view all the answers

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

    <p>The allegation is considered admitted</p> Signup and view all the answers

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

    <p>State they are without knowledge and such statement will operate as denial</p> Signup and view all the answers

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

    <p>It is waived</p> Signup and view all the answers

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

    <p>Simultaneously with submission of the answer</p> 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?

    <p>It will be refused except upon good cause being shown</p> Signup and view all the answers

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

    <p>Within 7 days after the service of the answer</p> 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?

    <p>Both the Administrative Law Judge and Deputy Assistant Secretary of State for Defense Trade Controls</p> Signup and view all the answers

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

    <p>'Discovery' refers to requesting information relevant to the case</p> Signup and view all the answers

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

    <p>'Subpoenas' may be issued by the Administrative Law Judge upon request of any party</p> Signup and view all the answers

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

    <p>To hold the debarment order in abeyance for a specific period</p> Signup and view all the answers

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

    <p>Administrative Law Judge</p> Signup and view all the answers

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

    <p>Denials, admissions, and evidence supporting them</p> Signup and view all the answers

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

    <p>If there are no issues of material fact to be determined</p> Signup and view all the answers

    What happens when a probationary period is revoked?

    <p>It allows other actions for further violations to proceed</p> Signup and view all the answers

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

    <p>Assistant Secretary for Political-Military Affairs</p> Signup and view all the answers

    What must an appeal specify?

    <p>Grounds for the appeal</p> Signup and view all the answers

    When must an appeal from a final order be filed?

    <p>Within 30 days after receipt of the order</p> Signup and view all the answers

    What will be considered in an appeal?

    <p>The assembled record</p> Signup and view all the answers

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

    <p>New evidence is relevant and material and not reasonably available to the respondent before</p> Signup and view all the answers

    How should an appeal be prepared?

    <p>In letter form</p> Signup and view all the answers

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

    <p>None of the above</p> Signup and view all the answers

    Who should an appeal be addressed to?

    <p>Under Secretary of State for Arms Control and International Security</p> Signup and view all the answers

    What happens if an appeal is denied?

    <p>A request for reconsideration can be made.</p> 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?

    <p>Dismiss the charges on her or his own or on a motion of the respondent</p> Signup and view all the answers

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

    <p>The Administrative Law Judge may determine if substitute information can be used</p> Signup and view all the answers

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

    <p>When no answer is filed</p> Signup and view all the answers

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

    <p>When no issues of material fact are raised in the answer</p> Signup and view all the answers

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

    <p>Parties to correspond with each other</p> Signup and view all the answers

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

    <p>Proceed with making any other ruling deemed necessary and just under the circumstances</p> 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?

    <p>Determine if substitute information is adequate to protect the rights of the respondent</p> Signup and view all the answers

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

    <p>If a fair hearing cannot be held without necessary evidence</p> 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)?

    <p>Simplification of hearings</p> Signup and view all the answers

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

    <p>When issues of material fact are raised in the answer</p> Signup and view all the answers

    What does the Administrative Law Judge's report include?

    <p>Findings of fact, findings of law, a finding whether a law or regulation has been violated, and recommendations</p> Signup and view all the answers

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

    <p>Deputy Assistant Secretary of State for Defense Trade Controls</p> 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?

    <p>Issue a debarment order or impose a civil penalty</p> Signup and view all the answers

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

    <p>If both parties agree to submit a consent agreement and order for approval</p> Signup and view all the answers

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

    <p>When new evidence becomes available after the closing arguments</p> Signup and view all the answers

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

    <p>Assistant Secretary for Political-Military Affairs</p> 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?

    <p>Additional terms and conditions deemed appropriate</p> Signup and view all the answers

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

    <p>Notify the parties and proceed with the case as if no proposal was made</p> Signup and view all the answers

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

    <p>Deputy Assistant Secretary of State for Defense Trade Controls</p> Signup and view all the answers

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

    <p>No circumstances allow for reopening or appeal once settled</p> Signup and view all the answers

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