22cfr 120
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Questions and Answers

Who is authorized to control the export and import of defense articles and defense services?

  • The Under Secretary of State for Arms Control and International Security
  • The Secretary of State
  • The Deputy Assistant Secretary of State for Defense Trade Controls
  • The President (correct)
  • To whom is the statutory authority of the President to promulgate regulations regarding defense exports delegated?

  • The Deputy Assistant Secretary of State for Defense Trade Controls
  • The Under Secretary of State for Arms Control and International Security
  • The Assistant Secretary of State for Political-Military Affairs
  • The Secretary of State (correct)
  • Which executive order delegates the authority to promulgate regulations with respect to exports of defense articles and services to the Secretary of State?

  • Executive Order 98001
  • Executive Order 24456
  • Executive Order 13637 (correct)
  • Executive Order 57329
  • Who has the authority to administer the regulations in this subchapter according to the text?

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

    Which official may exercise all authorities administered by the Deputy Assistant Secretary of State for Defense Trade Controls at any time?

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

    The Arms Export Control Act authorizes the President to control which aspects?

    <p>Export and import of defense articles and defense services</p> Signup and view all the answers

    Who is responsible for controlling the export and temporary import of defense articles and services?

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

    Which office is responsible for general policies of defense trade?

    <p>Office of Defense Trade Controls Policy</p> Signup and view all the answers

    What constitutes the U.S. Munitions List (USML)?

    <p>Items designated by the President for export and temporary import control</p> Signup and view all the answers

    What is the process for changing the scope of the USML?

    <p>Only by amendments made pursuant to the Arms Export Control Act</p> Signup and view all the answers

    Which department makes designations of defense articles and services on the USML?

    <p>Department of State</p> Signup and view all the answers

    What happens if an article provides an equivalent performance capability of a defense article on the USML?

    <p>It will be determined as a defense article or service in the future</p> Signup and view all the answers

    Where would an item not currently on the USML be placed if determined as a defense article or service in the future?

    <p>Category XXI of § 121.1</p> Signup and view all the answers

    Who is responsible for violations of law or regulation related to defense trade?

    <p>(ii) The Office of Defense Trade Controls Compliance</p> Signup and view all the answers

    What denotes that an item warrants control under this subchapter for being a defense article or service?

    <p>(2) Provides a critical military or intelligence advantage in the future</p> Signup and view all the answers

    "An article or service may be designated a defense article if it provides _______________?"

    <p>(a) Or (b) based on certain conditions</p> Signup and view all the answers

    What procedure is used when there is doubt about whether an article or service is covered by the U.S. Munitions List?

    <p>Commodity jurisdiction determination</p> Signup and view all the answers

    Who has the authority to control the permanent import of defense articles and services?

    <p>Attorney General</p> Signup and view all the answers

    Which department regulates the export, reexport, and in-country transfer of items on the Commerce Control List?

    <p>Department of Commerce</p> Signup and view all the answers

    Under what authority can a Department of State license authorize the export of items subject to the Export Administration Regulations (EAR)?

    <p>Department of Commerce approval</p> Signup and view all the answers

    What is the name given to the list administered by the Department of Justice for permanent import controls?

    <p>U.S. Munitions Import List</p> Signup and view all the answers

    What is the responsibility of the Office of Defense Trade Controls Compliance?

    <p>Enforcing violations of law or regulation</p> Signup and view all the answers

    Who is authorized to control the export and temporary import of defense articles and services?

    <p>The President</p> Signup and view all the answers

    How can an article or service be determined as a defense article or defense service in the future?

    <p>By warranting control due to critical military or intelligence advantage</p> Signup and view all the answers

    What is the purpose of Category XXI of § 121.1 of this subchapter?

    <p>To temporarily place items determined as future defense articles or services</p> Signup and view all the answers

    Who has the authority to make designations of defense articles and services on the USML?

    <p>The Department of State with the concurrence of the Department of Defense</p> Signup and view all the answers

    Which department is responsible for controlling permanent import of defense articles on the U.S. Munitions Import List?

    <p>Department of Justice</p> Signup and view all the answers

    What is necessary for an article or service to be designated as a defense article or service?

    <p>Meeting the criteria on the U.S. Munitions List (USML)</p> Signup and view all the answers

    Which office has responsibilities related to licensing or other approvals of defense trade?

    <p>Office of Defense Trade Controls Licensing.</p> Signup and view all the answers

    Who supervises the Directorate of Defense Trade Controls?

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

    What is considered a critical factor for determining an article as a defense article or service in the future?

    <p>Offering a significant military or intelligence advantage.</p> Signup and view all the answers

    Which government agencies control the export of items in Category VI, Category XV, Category XVI, and Category XX?

    <p>Nuclear Regulatory Commission and Department of Energy</p> Signup and view all the answers

    Under which Act are exports of certain articles, technical data, or services not subject to the provisions of the subchapter?

    <p>Atomic Energy Act of 1954</p> Signup and view all the answers

    What is prohibited regarding the transfer of materials involving Restricted Data or assistance?

    <p>Transfer without AEA authorization</p> Signup and view all the answers

    What is required for the export of defense articles referred to in Category VI(e) or Category XX(b)(1)?

    <p>Mutual Defense Agreement with recipient country</p> Signup and view all the answers

    Who is authorized to control the export and temporary import of defense articles and services?

    <p>Secretary of State</p> Signup and view all the answers

    Which list constitutes items subject to permanent import control by the Attorney General?

    <p>U.S. Munitions Import List</p> Signup and view all the answers

    Designations on the U.S. Munitions List can only be changed by amendments made pursuant to which Act?

    <p>$Arms Export Control Act</p> Signup and view all the answers

    Who is responsible for making designations on the U.S. Munitions List?

    <p>$Department of State</p> Signup and view all the answers

    `Which department concurs with the Department of State in making designations on the U.S. Munitions List?

    <p>$Department of Defense</p> Signup and view all the answers

    Who controls defense services for import or export?

    <p>Secretary of State</p> Signup and view all the answers

    What procedure is used when there is doubt about whether an article or service is covered by the U.S. Munitions List?

    <p>Commodity jurisdiction procedure</p> Signup and view all the answers

    Who regulates the export, reexport, and in-country transfer of items on the Commerce Control List?

    <p>Department of Commerce</p> Signup and view all the answers

    Which department controls the permanent import of defense articles and services?

    <p>Department of Justice</p> Signup and view all the answers

    Which entity has the authority to control the permanent import of defense articles and services?

    <p>Attorney General</p> Signup and view all the answers

    Which list distinguishes the permanent import control list from the U.S. Munitions List?

    <p>U.S. Munitions Import List</p> Signup and view all the answers

    Who is guided by the views of the Secretary of State on matters affecting world peace and foreign policy?

    <p>Attorney General</p> Signup and view all the answers

    Under what conditions does an exemption under this subchapter allow the export of an item subject to the EAR?

    <p>If it's for use in or with a defense article</p> Signup and view all the answers

    Which department remains under jurisdiction for subsequent transactions after an item subject to the EAR is exported under a Department of State license?

    <p>Department of Commerce</p> Signup and view all the answers

    Who has delegated authority to designate defense articles and services for permanent import controls?

    <p>Attorney General</p> Signup and view all the answers

    What factor is not considered in determining if an article or service is subject to export controls?

    <p>Intended use after export</p> Signup and view all the answers

    What is prohibited by the AEA regarding the transfer of materials relating to nuclear weapons systems?

    <p>Transfer of materials involving Restricted Data without authorization</p> Signup and view all the answers

    Under what circumstances may a license for export be granted in the absence of an Agreement for Cooperation for Mutual Defense Purposes?

    <p>If the proposed export has no relationship to naval nuclear propulsion and is not for use in a naval propulsion plant</p> Signup and view all the answers

    What type of data or services may constitute Restricted Data or restricted assistance subject to the AEA's prohibition?

    <p>Technical data or defense services relating to nuclear weapons or peaceful nuclear applications</p> Signup and view all the answers

    What must be present for a license to be granted for the export of defense articles or services according to the text?

    <p>An existing Agreement for Cooperation for Mutual Defense Purposes</p> Signup and view all the answers

    What is a key condition under which licenses may be granted in the absence of an Agreement for Cooperation for Mutual Defense Purposes?

    <p>The proposed export is unrelated to civilian nuclear power plants</p> Signup and view all the answers

    What aspect of materials transfer does the AEA specifically prohibit?

    <p>Transfer involving any person indirectly engaging in production or use</p> Signup and view all the answers

    What is the licensing jurisdiction of items subject to the EAR when included in a Department of State license or other approval?

    <p>It does not change from the Department of State</p> Signup and view all the answers

    Which category of items under § 121.1 is exempt from the provisions of this subchapter due to being controlled by the Department of Energy or the Nuclear Regulatory Commission?

    <p>Category VI</p> Signup and view all the answers

    Under what conditions can a license for the export of defense articles referred to in Category VI(e) or Category XX(b)(1) be granted without an Agreement for Cooperation for Mutual Defense Purposes?

    <p>If they have no relationship to naval nuclear propulsion</p> Signup and view all the answers

    Who is authorized by Section 38 of the Arms Export Control Act to control the export and import of defense articles and services?

    <p>The President</p> Signup and view all the answers

    Which organization is delegated the authority to administer the regulations in this subchapter according to the text?

    <p>Bureau of Political-Military Affairs</p> Signup and view all the answers

    What type of transfer is specifically prohibited under the Atomic Energy Act unless authorized?

    <p>Transfer of special nuclear materials involving Restricted Data</p> Signup and view all the answers

    Under which Act is the transfer of materials and assistance related to nuclear weapons systems prohibited unless authorized?

    <p>Atomic Energy Act</p> Signup and view all the answers

    In absence of an Agreement for Cooperation for Mutual Defense Purposes, when can a license be granted for certain defense articles under Category VI(e) or Category XX(b)(1)?

    <p>If they have no relationship to naval nuclear propulsion</p> Signup and view all the answers

    What is the statutory authority delegated for controlling exports and imports of defense articles and services by Executive Order 13637?

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

    What is not subject to the provisions mentioned in this subchapter according to the text?

    <p>Technical data or defense services relating to nuclear weapons only</p> Signup and view all the answers

    Who has the authority to control the permanent import of defense articles and services?

    <p>Attorney General</p> Signup and view all the answers

    Which list is separately labeled as the U.S. Munitions Import List to distinguish it from the U.S. Munitions List?

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

    Under what act does the Attorney General exercise independent delegated authority to designate defense articles and services for permanent import controls?

    <p>Arms Control Act</p> Signup and view all the answers

    Which department regulates the export, reexport, and in-country transfer of items on the Commerce Control List?

    <p>Department of Commerce</p> Signup and view all the answers

    What does an exemption (as per § 120.57) allow for in terms of exporting items subject to the EAR?

    <p>Export without accompanying a defense article</p> Signup and view all the answers

    Which items do Department of Commerce controls not apply to according to Category VI, XV, XVI, and XX of § 121.1?

    <p>Items under Department of Energy or Nuclear Regulatory Commission controls</p> Signup and view all the answers

    Who is responsible for regulating activities performed by U.S. persons that may contribute to the proliferation of weapons of mass destruction?

    <p>Secretary of Commerce</p> Signup and view all the answers

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