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22cfr 120

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

The President

To whom is the statutory authority of the President to promulgate regulations regarding defense exports delegated?

The Secretary of State

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 13637

Who has the authority to administer the regulations in this subchapter according to the text?

Deputy Assistant Secretary of State for Defense Trade Controls

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

Under Secretary of State for Arms Control and International Security

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

Export and import of defense articles and defense services

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

Deputy Assistant Secretary of State for Defense Trade Controls

Which office is responsible for general policies of defense trade?

Office of Defense Trade Controls Policy

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

Items designated by the President for export and temporary import control

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

Only by amendments made pursuant to the Arms Export Control Act

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

Department of State

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

It will be determined as a defense article or service in the future

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

Category XXI of § 121.1

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

(ii) The Office of Defense Trade Controls Compliance

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

(2) Provides a critical military or intelligence advantage in the future

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

(a) Or (b) based on certain conditions

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

Commodity jurisdiction determination

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

Attorney General

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

Department of Commerce

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

Department of Commerce approval

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

U.S. Munitions Import List

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

Enforcing violations of law or regulation

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

The President

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

By warranting control due to critical military or intelligence advantage

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

To temporarily place items determined as future defense articles or services

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

The Department of State with the concurrence of the Department of Defense

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

Department of Justice

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

Meeting the criteria on the U.S. Munitions List (USML)

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

Office of Defense Trade Controls Licensing.

Who supervises the Directorate of Defense Trade Controls?

Deputy Assistant Secretary of State for Defense Trade Controls.

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

Offering a significant military or intelligence advantage.

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

Nuclear Regulatory Commission and Department of Energy

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

Atomic Energy Act of 1954

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

Transfer without AEA authorization

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

Mutual Defense Agreement with recipient country

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

Secretary of State

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

U.S. Munitions Import List

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

$Arms Export Control Act

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

$Department of State

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

$Department of Defense

Who controls defense services for import or export?

Secretary of State

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

Commodity jurisdiction procedure

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

Department of Commerce

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

Department of Justice

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

Attorney General

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

U.S. Munitions Import List

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

Attorney General

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

If it's for use in or with a defense article

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

Department of Commerce

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

Attorney General

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

Intended use after export

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

Transfer of materials involving Restricted Data without authorization

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

If the proposed export has no relationship to naval nuclear propulsion and is not for use in a naval propulsion plant

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

Technical data or defense services relating to nuclear weapons or peaceful nuclear applications

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

An existing Agreement for Cooperation for Mutual Defense Purposes

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

The proposed export is unrelated to civilian nuclear power plants

What aspect of materials transfer does the AEA specifically prohibit?

Transfer involving any person indirectly engaging in production or use

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

It does not change from the Department of State

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?

Category VI

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?

If they have no relationship to naval nuclear propulsion

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

The President

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

Bureau of Political-Military Affairs

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

Transfer of special nuclear materials involving Restricted Data

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

Atomic Energy Act

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)?

If they have no relationship to naval nuclear propulsion

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

Deputy Assistant Secretary of State for Defense Trade Controls

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

Technical data or defense services relating to nuclear weapons only

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

Attorney General

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

USMIL

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

Arms Control Act

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

Department of Commerce

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

Export without accompanying a defense article

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

Items under Department of Energy or Nuclear Regulatory Commission controls

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

Secretary of Commerce

Test your knowledge on the specific authorities granted in Subpart A—General Information of the Arms Export Control Act, including the delegation of powers to regulate defense articles and services exports.

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