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22 cfr 120 T F

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82 Questions

The President is authorized to control the export and import of defense articles and defense services under Section 38 of the Arms Export Control Act.

True

The statutory authority of the President to promulgate regulations with respect to exports of defense articles and defense services is delegated to the Secretary of Defense.

False

The Deputy Assistant Secretary of State for Defense Trade Controls has the authority to administer the regulations in this subchapter.

True

The Under Secretary of State for Arms Control and International Security cannot exercise the authorities administered by the Deputy Assistant Secretary of State for Defense Trade Controls.

False

The Arms Export Control Act only delegates authority to the Secretary of State and no other officials.

False

The Assistant Secretary of State for Political-Military Affairs does not have the authority to exercise the authorities administered by the Deputy Assistant Secretary of State for Defense Trade Controls.

False

Items subject to the Export Administration Regulations (EAR) can only be exported with approval from the Department of Commerce.

True

The U.S. Munitions Import List (USMIL) is administered by the Department of State.

False

A Commodity Jurisdiction Determination Request must be submitted to the Directorate of Defense Trade Controls for consideration.

True

The intended use of an article or service after its export does not influence whether it is subject to export controls.

True

Permanent import controls for defense articles are under the jurisdiction of the Secretary of State.

False

The Department of Commerce controls the temporary import of defense articles and services.

False

An exemption can be used to export an item subject to EAR independently, without being accompanied by a defense article.

False

The President has authority over the temporary import of defense articles and services.

False

The U.S. Munitions List under the Arms Export Control Act includes items controlled by both the Secretary of State and the Attorney General.

True

Items subject to EAR can only be exported with a license or approval from the Department of State.

False

The provisions of this subchapter apply to articles in Category VI, Category XV, Category XVI, and Category XX of § 121.1 of this subchapter.

False

Nuclear related controls fall under the jurisdiction of the Department of Commerce.

False

The transfer of materials involving Restricted Data or assistance related to nuclear weapons is generally prohibited.

True

Export licenses for defense articles in Category VI(e) can be granted without the need for an existing Agreement for Cooperation for Mutual Defense Purposes.

False

The President is not authorized to control the export and import of defense articles and defense services.

False

The authority to promulgate regulations with respect to exports is delegated to the Secretary of Defense by Executive Order 13637.

False

The Deputy Assistant Secretary of State for Defense Trade Controls has the authority to administer the regulations in this subchapter.

True

All authorities administered by the Deputy Assistant Secretary can only be exercised by the Under Secretary of State for Political-Military Affairs.

False

Nuclear parts of nuclear weapons are considered non-nuclear parts of nuclear weapons systems.

False

The transfer of Restricted Data or assistance related to nuclear weapons systems may not be subject to any prohibitions.

False

The Deputy Assistant Secretary of State for Defense Trade Controls supervises the Directorate of Defense Trade Controls.

True

The Directorate of Defense Trade Controls consists of four offices.

False

The Office of Defense Trade Controls Licensing is responsible for violations of law and regulation compliance.

False

The President has delegated the authority to control the export and temporary import of defense articles and services to the Secretary of Defense.

False

Items designated by the Secretary of State for export and temporary import control constitute the U.S. Armaments List (USAL).

False

Designations of defense articles and services on the USML are made solely by the Department of State.

False

A specific article or service may be designated a defense article if it meets the criteria on the U.S. Armaments List (USAL).

False

An article or service determined in the future as a defense article but not currently on the USML will be placed in Category XXI of § 121.1.

True

A specific article or service is considered a defense article if it provides a critical military advantage under any circumstances.

False

An article determined to be under the jurisdiction of another U.S. department cannot be considered a defense article.

True

The Directorate of Defense Trade Controls consists of three main offices, including the Office of Defense Trade Controls Licensing.

True

The President has the authority to designate defense articles and services deemed necessary for import or export controls.

False

Defense articles on the U.S. Munitions List that are subject to permanent import control are administered by the Secretary of Defense.

False

Designations of defense articles on the U.S. Munitions List are made solely by the Department of State without any input from the Department of Defense.

False

A specific article or service may be designated as a defense article if it provides performance capabilities equivalent to those on the U.S. Munitions Import List.

False

A specific article or service can be determined as a defense article in the future if it provides a critical military advantage.

True

An article or service determined in the future as a defense article but not currently on the USML will be placed in Category XX of § 121.1 until the appropriate category is amended.

False

A specific article or service is considered a defense article if it falls under the jurisdiction of another department or agency of the U.S.

False

The Deputy Assistant Secretary of State for Defense Trade Controls supervises three offices, including the Office of Defense Trade Controls Compliance.

True

The scope of the USML can be changed without needing amendments as per Section 38 of the Arms Export Control Act.

False

A commodity jurisdiction determination can be used for consideration of a redesignation of an article or service currently covered by the U.S. Munitions List (USML).

True

The Department must provide notice to Congress at least 15 days before any item is removed from the USML.

False

The Deputy Assistant Secretary of State for Defense Trade Controls has the authority to control the permanent import of defense articles and services.

False

The U.S. Munitions Import List (USMIL) is administered by the Department of State.

False

Items subject to the Export Administration Regulations (EAR) can only be exported with separate approval from the Department of Commerce.

False

An exemption under this subchapter may be utilized to export an item subject to the EAR even if not accompanied by a defense article.

False

The Attorney General exercises independent delegated authority to designate defense articles and services for purposes of permanent import controls.

True

Defense articles and services controlled by the Secretary of State and the Attorney General collectively comprise the U.S. Munitions List under the Arms Export Control Act.

True

The Department of Commerce regulates only the export of items on the Commerce Control List and not other items subject to its jurisdiction.

False

The President has not delegated the authority to control the permanent import of defense articles and services to the Attorney General.

False

A license for the export of a defense article, technical data, or the furnishing of a defense service relating to defense articles referred to in Category VI(e) of § 121.1 will always be granted regardless of existing agreements.

False

The Arms Export Control Act delegates authority to control the export and temporary import of defense articles and services solely to the Secretary of State.

False

The scope of the USML can be changed without amendments made pursuant to section 38 of the Arms Export Control Act.

False

The transfer of materials involving Restricted Data or assistance is prohibited except as authorized by the Nuclear Non-Proliferation Act of 1978.

False

The Department of Commerce controls related to nuclear weapons systems are subject to the subchapter that includes Category VI of § 121.1.

False

A license for the export of a defense article may be granted even in the absence of an Agreement for Cooperation for Mutual Defense Purposes.

True

The President has delegated authority to control the export and temporary import of defense articles and services to the Secretary of State.

True

Technical data relating to nuclear weapons systems may constitute Restricted Data or assistance, subject to prohibition under the Atomic Energy Act.

True

Defense articles on the USML are not subject to permanent import control by the Attorney General.

False

Designations of defense articles and services on the USML are made solely by the Department of State without any consultation with other departments.

False

The transfer of materials related to nuclear weapons involving Restricted Data is prohibited unless authorized by the AEA.

True

A license for the export of a defense article in Category VI(e) can be granted without an existing Agreement for Cooperation for Mutual Defense Purposes.

False

Technical data relating to nuclear weapons may constitute Restricted Data, subject to the prohibition outlined in the AEA.

True

The proposed export of an article identical to that used in a civilian nuclear power plant does not require an Agreement for Cooperation for Mutual Defense Purposes.

True

Exporting items controlled by the U.S. Munitions List under the Arms Export Control Act requires approval from the Department of Commerce.

False

Permanent import controls for defense articles are under the jurisdiction of the Secretary of State.

False

The U.S. Munitions Import List is regulated by the Department of Justice for purposes of export, reexport, retransfer, and temporary import.

False

The Attorney General has independent delegated authority to designate defense articles and services for purposes of permanent import controls.

True

The Department of Commerce regulates the export, reexport, and in-country transfer of items on the U.S. Munitions List.

False

An exemption can be used to export an item subject to the Export Administration Regulations (EAR) without being accompanied by a defense article.

False

The Department of Energy controls exports of articles, technical data, or services in Category VI and Category XVI of § 121.1.

True

Items subject to the EAR exported under a Department of State license remain under the jurisdiction of the Department of Commerce for any subsequent transactions.

True

The addition of items subject to the EAR on a Department of State license changes the licensing jurisdiction of those items.

False

For certain exports, items in Category XVIII are controlled by the Department of Commerce.

False

The President has authority over the permanent import of defense articles and services.

False

The Assistant Secretary of State for Political-Military Affairs has authority to exercise delegated authorities related to defense trade controls.

False

Test your knowledge on the general authorities outlined in Subpart A of the Arms Export Control Act, including the authority and delegation related to the export and import of defense articles and services.

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