22 cfr 124

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Questions and Answers

What must a U.S. person do before providing defense services described in § 120.32 of this subchapter?

  • Submit a proposed agreement to the Directorate of Defense Trade Controls (correct)
  • Seek approval from the Department of Defense
  • Enter into force without any approval
  • Obtain a manufacturing license agreement

What types of agreements are generally characterized in the text?

  • Loan agreements, partnership agreements, merger agreements, or acquisition agreements
  • Consulting agreements, marketing agreements, service agreements, or research agreements
  • Manufacturing license agreements, technical assistance agreements, distribution agreements, or off-shore procurement agreements (correct)
  • Insurance agreements, leasing agreements, rental agreements, or sales agreements

When can the defense services described in the approved agreements be provided?

  • Without any form of approval or licensing
  • After obtaining approval from the Department of Defense
  • Without further licensing in accordance with specific sections of the subchapter (correct)
  • Only after receiving explicit authorization from the President

What is a key requirement for entering into force for the agreements described in the text?

<p>Prior written approval from the Directorate of Defense Trade Controls (A)</p> Signup and view all the answers

What type of data does this section apply to according to the text?

<p>Technical data to be disclosed or used in the performance of defense services (C)</p> Signup and view all the answers

Which U.S. entity must provide a proposed agreement for approval before furnishing defense services?

<p>The U.S. person (D)</p> Signup and view all the answers

What is required for an agreement to enter into force according to the text?

<p>The approval of the U.S. Department of State (C)</p> Signup and view all the answers

What happens if any liability arises in connection with patent or proprietary rights?

<p>It will not be attributed to the U.S. Government (C)</p> Signup and view all the answers

What is a restriction on transferring technical data or defense service according to the text?

<p>Transfer is allowed only with U.S. Government's prior written approval (D)</p> Signup and view all the answers

What is agreed upon regarding sales by licensee under contracts made through the U.S. Government?

<p>Charges for patent rights are excluded (D)</p> Signup and view all the answers

What is required for any charges relating to technical assistance or know-how when the U.S. Government has made financial contributions?

<p>They must be proportionately reduced (A)</p> Signup and view all the answers

Which entity will consider approving the provision of defense services described in § 120.32 of this subchapter?

<p>The Directorate of Defense Trade Controls (D)</p> Signup and view all the answers

What type of amendments must be submitted for approval?

<p>Minor administrative amendments that do not affect the agreement duration or clauses (A)</p> Signup and view all the answers

In what exceptional cases will the Directorate of Defense Trade Controls consider approving the provision of defense services?

<p>Upon written request (C)</p> Signup and view all the answers

According to § 124.2, what types of training are exempt from requiring technical assistance agreements?

<p>Training in basic operation and maintenance of defense articles (B)</p> Signup and view all the answers

Which countries are exempt from requiring technical assistance agreements for maintenance training according to § 124.2(c)?

<p>NATO countries, Australia, Japan, and Sweden (B)</p> Signup and view all the answers

What entities receive copies of approved agreements involving the release of classified defense articles?

<p>The Defense Security Service (B)</p> Signup and view all the answers

What is required before amendments may enter into force according to the text?

<p>Approval by the Directorate of Defense Trade Controls (A)</p> Signup and view all the answers

What type of maintenance can be performed under the defense service exemption?

<p>Enhancements or improvements in reliability or maintainability only (B)</p> Signup and view all the answers

Which category of defense articles is explicitly excluded from the defense service exemption for maintenance training?

<p>Missile Technology Control Regime Annex Items (B)</p> Signup and view all the answers

For which countries are foreign persons eligible to receive technical data or maintenance training under the exemption?

<p>NATO countries, Australia, Japan, and Sweden (A)</p> Signup and view all the answers

What is required for the export of classified information under an approved manufacturing license or technical assistance agreement?

<p>Approval from the Directorate of Defense Trade Controls (C)</p> Signup and view all the answers

Which elements are excluded from the export of unclassified technical data without a license?

<p>Technical data exceeding the scope of the relevant agreement (D)</p> Signup and view all the answers

What must be filed with the Directorate of Defense Trade Controls within 30 days after a manufacturing license or technical assistance agreement enters into force?

<p>One copy of the concluded agreement (B)</p> Signup and view all the answers

Which type of software documentation is explicitly excluded from supporting technical data that must be unclassified?

<p>.NET source code (A)</p> Signup and view all the answers

What category of items do Gas turbine engine hot sections fall under?

<p>(v) Gas turbine engine hot sections covered by Category XIX(f) (A)</p> Signup and view all the answers

Which category covers Naval nuclear propulsion equipment?

<p>(iv) Naval nuclear propulsion equipment listed in USML Category VI and USML Category XX (A)</p> Signup and view all the answers

Which category is associated with Firearms listed in Category I and ammunition listed in Category III?

<p>(ii) Firearms listed in Category I; and ammunition listed in Category III for the firearms in Category I; (A)</p> Signup and view all the answers

What is required to be provided to the Directorate of Defense Trade Controls when offshore procurement is accepted?

<p>A copy of each contract, purchase order, or subcontract (D)</p> Signup and view all the answers

What must each contract, purchase order, or subcontract for offshore procurement clearly identify?

<p>The article to be produced (D)</p> Signup and view all the answers

When must licenses issued for offshore procurement be renewed?

<p>Before their expiration if procurement is extended (A)</p> Signup and view all the answers

What is the specific purpose that must be stated on a license for offshore procurement?

<p>'For offshore procurement in accordance with ITAR conditions' (D)</p> Signup and view all the answers

What does the text state should be done if the technical data involved in offshore procurement is exempt from licensing requirements?

<p>Include the exemption details in the DSP-5 form (C)</p> Signup and view all the answers

Which entity maintains control over granting approval for offshore procurement agreements?

<p>The Directorate of Defense Trade Controls (D)</p> Signup and view all the answers

What must be included in all proposed manufacturing license agreements and technical assistance agreements?

<p>Description of the defense articles to be exported (A)</p> Signup and view all the answers

When must the Directorate of Defense Trade Controls be notified in writing if an agreement is not concluded within one year?

<p>Within 60 days of the date of approval (C)</p> Signup and view all the answers

What information must accompany filing of concluded agreements involving coproduction or licensed production outside of the United States?

<p>Identity of foreign countries involved (D)</p> Signup and view all the answers

If a decision is made not to conclude a proposed manufacturing license agreement, how soon must the Directorate of Defense Trade Controls be informed?

<p>Within 60 days (C)</p> Signup and view all the answers

What should be included in all proposed manufacturing license agreements and technical assistance agreements?

<p>Description of defense articles to be manufactured and all articles to be exported (D)</p> Signup and view all the answers

What should a written statement accompanying filed concluded agreements include?

<p>Identity of the foreign countries involved (D)</p> Signup and view all the answers

When should the U.S. party inform the Directorate of Defense Trade Controls about the impending termination of an agreement?

<p>Not less than 30 days prior to expiration (D)</p> Signup and view all the answers

Who is obligated to provide an annual report of sales or other transfers pursuant to the agreement mentioned in the text?

<p>The licensee (B)</p> Signup and view all the answers

What may charges be made for according to the text?

<p>Reasonable reproduction costs (A)</p> Signup and view all the answers

What must be executed before any transfer of significant military equipment takes place?

<p>A Nontransfer and Use Certificate (DSP-83) (B)</p> Signup and view all the answers

Which party can submit the reports indirectly through the licensor?

<p>The licensee (C)</p> Signup and view all the answers

What is controlled by the U.S. government and authorized for export according to the agreement?

<p>Licensed articles (D)</p> Signup and view all the answers

Who must sign the Nontransfer and Use Certificate (DSP-83) for agreements involving classified articles?

<p>Applicant and foreign party (C)</p> Signup and view all the answers

What must be obtained before entering into a commitment for the transfer of licensed articles to any person outside the approved sales territory?

<p>Government approval (A)</p> Signup and view all the answers

What must be included in the agreement according to the text?

<p>Identification of the U.S. Government office that classified the information (A)</p> Signup and view all the answers

Which statement must be made in the letter of transmittal for the proposed agreement?

<p>Commitment to inform Department of State about expiration (D)</p> Signup and view all the answers

What does the agreement mentioned in the text require regarding sub-licensing?

<p>The basic agreement provisions must be included in all sub-licensing arrangements (D)</p> Signup and view all the answers

What role does the Defense Security Service play in agreements requiring export of classified information?

<p>Providing facility security clearance codes (D)</p> Signup and view all the answers

What is a key requirement for offshore procurement of defense articles?

<p>Returning technical data upon fulfillment of terms (A)</p> Signup and view all the answers

What does an approved agreement allow in terms of defense services provision?

<p>Limited delivery only to U.S. person or U.S. Government agency (C)</p> Signup and view all the answers

What is a requirement for offshore procurement related to disclosure of technical data?

<p>Prohibition on sharing technical data with other subcontractors within the same country (B)</p> Signup and view all the answers

What does an applicant commit to regarding a proposed agreement's entry into force?

<p>Waiting for Department of State approval before allowing entry into force (C)</p> Signup and view all the answers

What is one provision required for subcontracts between foreign persons for offshore procurement?

<p>Incorporating limits and provisions similar to those in the original contract or purchase order involving U.S. persons (D)</p> Signup and view all the answers

What does an applicant need to do if a decision is made not to conclude a proposed agreement?

<p>Inform Department of State within 60 days from signing date (A)</p> Signup and view all the answers

When must a required DSP-83 and/or diplomatic note be submitted to the Directorate of Defense Trade Controls?

<p>Along with any signed agreement, regardless of the signing status of all parties (D)</p> Signup and view all the answers

What must happen before an approval of a manufacturing license agreement or technical assistance agreement can be granted for significant military equipment?

<p>The Congress must receive a certification as required by the Arms Export Control Act (B)</p> Signup and view all the answers

In what circumstances may an approval of an agreement be granted immediately without waiting for 15 calendar days?

<p>If the agreement involves North Atlantic Treaty Organization member countries (C)</p> Signup and view all the answers

What information must be included in an explanatory letter accompanying an application for a manufacturing license or technical assistance agreement?

<p>Military security classification of the equipment or technical data (B)</p> Signup and view all the answers

When must a certification be provided to the Congress as required by the Arms Export Control Act?

<p>Before any export of major defense equipment occurs (C)</p> Signup and view all the answers

What is a key requirement before providing defense services under certain circumstances as described in the text?

<p>Notifying the Directorate of Defense Trade Controls in writing (C)</p> Signup and view all the answers

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