22 cfr 126 V2
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Questions and Answers

What does 'reexport' refer to in the context of the Defense Trade Cooperation Treaty?

  • Movement of defense articles within the United Kingdom Community
  • Movement of previously exported defense articles between a member of the United States Community and a member of the United Kingdom Community
  • Movement of previously exported defense articles from the Approved Community to a location outside the Territory of the United Kingdom (correct)
  • Movement of defense articles from the United States Community to the United Kingdom Community
  • What is considered as an 'export' according to the Defense Trade Cooperation Treaty?

  • The initial movement of defense articles or defense services from the United States Community to the United Kingdom Community (correct)
  • Movement of previously exported defense articles by a member of the United Kingdom Community within the United Kingdom Community
  • Movement of defense articles within the United Kingdom Community
  • The movement of previously exported defense articles between a member of the United States Community and a member of the United Kingdom Community
  • In the context of the Defense Trade Cooperation Treaty, what does 'transfer' refer to?

  • The movement of previously exported defense articles by a member of the United Kingdom Community to a location within the Territory of the United Kingdom
  • The movement of a previously exported defense article or defense service within the United States Community
  • The movement of defense articles within the United Kingdom Community
  • The movement of previously exported defense articles between a member of the United States Community and a member of the United Kingdom Community (correct)
  • What is an 'intermediate consignee' as defined in the Defense Trade Cooperation Treaty?

    <p>An entity that receives, but does not have access to, defense articles for onward movement to members of an Approved Community</p> Signup and view all the answers

    Which statement accurately describes 'retransfer' under the Defense Trade Cooperation Treaty?

    <p>The movement of previously exported defense articles by a member from an Approved Community to a location within the Territory of the United Kingdom</p> Signup and view all the answers

    What does 'transfer' encompass in relation to the movements mentioned in the Defense Trade Cooperation Treaty?

    <p>Movement of previously exported defense articles between countries or within approved communities</p> Signup and view all the answers

    Who is exempt from the otherwise applicable licensing requirements for exporting or transferring defense articles or services?

    <p>Exporters to the United Kingdom Community</p> Signup and view all the answers

    Under what conditions can an exporter export a defense article or service pursuant to the Defense Trade Cooperation Treaty between the United States and the United Kingdom?

    <p>The recipient must be a member of the United Kingdom Community</p> Signup and view all the answers

    What must all persons do regarding statutory and regulatory requirements outside of this subchapter?

    <p>Comply with requirements from the Bureau of Alcohol, Tobacco, Firearms and Explosives</p> Signup and view all the answers

    What is required for an exporter to handle or receive a defense article or service without restriction?

    <p>Compliance with provisions of United States law</p> Signup and view all the answers

    Who should permit the permanent and temporary export without a license from U.S. Community to UK Community?

    <p>Port Directors of U.S. Customs and Border Protection</p> Signup and view all the answers

    When can an exporter export a defense article or service without any restrictions according to the text?

    <p>When the export is for non-prohibited end-uses specified in the treaty</p> Signup and view all the answers

    Who is responsible for identifying members of the United Kingdom Community?

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

    What is required for export intermediaries involved in exporting defense articles or services?

    <p>Ineligibility to receive a defense article without restriction</p> Signup and view all the answers

    What must an exporter be eligible for to export a defense article or service under the Defense Trade Cooperation Treaty?

    <p>A license from any U.S. Government agency without restriction</p> Signup and view all the answers

    What remains fully applicable to defense articles and services despite exemptions provided in this section?

    <p>Bureau of Alcohol, Tobacco, Firearms and Explosives regulations</p> Signup and view all the answers

    Who is eligible to export or transfer defense articles and services under the Defense Trade Cooperation Treaty between the United States and the United Kingdom?

    <p>Departments and agencies of the U.S. Government with a security clearance and a need-to-know, as well as non-governmental U.S. persons registered with DDTC</p> Signup and view all the answers

    Who is excluded from exporting under the Defense Trade Cooperation Treaty if they are ineligible to receive export licenses from any U.S. Government agency?

    <p>The exporter's president, chief executive officer, or any other senior officer or official</p> Signup and view all the answers

    What entities are considered part of the United Kingdom Community under the Defense Trade Cooperation Treaty?

    <p>Both Her Majesty's Government entities and non-governmental United Kingdom entities identified as members of the Approved Community through the DDTC Web site</p> Signup and view all the answers

    Which of the following is NOT specified as an authorized end-use under the Defense Trade Cooperation Treaty between the United States and the United Kingdom?

    <p>Counter-terrorism operations in any country</p> Signup and view all the answers

    How are authorized operations, programs, and projects that cannot be publicly identified confirmed under the Defense Trade Cooperation Treaty?

    <p>By direct email correspondence from DDTC</p> Signup and view all the answers

    What is required for an exporter to market a defense article to members of the United Kingdom Community under the Treaty?

    <p>Being licensed by DDTC to export the same defense article to any foreign person</p> Signup and view all the answers

    Under what circumstances may an exporter who is authorized under paragraph (b) of this section not export under the Defense Trade Cooperation Treaty?

    <p>If any senior officer or official of the exporter is ineligible to receive export licenses from any U.S. Government agency</p> Signup and view all the answers

    What is one of the requirements for non-governmental U.S. persons to be eligible to export under this section?

    <p>Being registered with DDTC and meeting requirements/prohibitions of Arms Export Control Act and other U.S. laws</p> Signup and view all the answers

    What is essential for an exporter to have in order to export or transfer defense articles under this treaty?

    <p>A security clearance and a need-to-know</p> Signup and view all the answers

    What must be done in order for a member of the Approved Community to transfer a defense article or defense service?

    <p>Maintain all required documentation about the transfer.</p> Signup and view all the answers

    What condition must be met for a defense article or service to be transferred within the Approved Community?

    <p>Being previously exported under specific conditions.</p> Signup and view all the answers

    What is a requirement for a defense article or service to be eligible for export under the Defense Trade Cooperation Treaty?

    <p>Being marked or identified as 'Restricted USML'.</p> Signup and view all the answers

    What action is NOT required for a defense article or service to be transferred within the Approved Community?

    <p>Obtaining advance notification from the Department of State.</p> Signup and view all the answers

    What is necessary for a defense article or service to be excluded from the scope of the Defense Trade Cooperation Treaty between the United States and the United Kingdom?

    <p>Exclusion based on specific criteria mentioned in Supplement No. 1 to part 126.</p> Signup and view all the answers

    What condition must be met for a defense article or service to be treated as if it were exported pursuant to the Treaty?

    <p>Being marked, identified, transmitted, stored, and handled accordingly.</p> Signup and view all the answers

    What is a key requirement for marking exports of defense articles or services?

    <p>Identification as 'Restricted USML'.</p> Signup and view all the answers

    What is NOT a necessary condition for a member of the Approved Community to transfer a defense article or service?

    <p>'Not for Export' label on the item transferred.</p> Signup and view all the answers

    Which parties are identified as being on the U.S. Department of Defense Civil Reserve Air Fleet (CRAF) list of approved air carriers?

    <p>United Kingdom intermediate consignees</p> Signup and view all the answers

    What must exporters authorized under the Defense Trade Cooperation Treaty do in terms of record-keeping?

    <p>Make records available upon request to designated entities</p> Signup and view all the answers

    What is the security requirement for classified exports as per the text?

    <p>Comply with the National Industrial Security Program Operating Manual</p> Signup and view all the answers

    Which parties are NOT exempt from registration under § 129.3(b)(3) of this subchapter according to the text?

    <p>Members of the United Kingdom Community</p> Signup and view all the answers

    How long are exporters required to maintain detailed records of their exports, imports, and transfers?

    <p>Five years from the date of retransfer</p> Signup and view all the answers

    Which parties are identified as being on the list of Authorized United Kingdom Intermediate Consignees?

    <p>United Kingdom freight forwarders only</p> Signup and view all the answers

    What must happen if a U.S. person wants to sell, retransfer, or reexport a defense article originally exported under an exemption?

    <p>Notify DDTC immediately</p> Signup and view all the answers

    What action is required before transitioning from an existing license to the provisions of this section?

    <p>Obtain approval from DDTC</p> Signup and view all the answers

    What should be done with any license(s) not filed with U.S. Customs and Border Protection during the transition process?

    <p>Return them to DDTC with a letter citing approval to transition</p> Signup and view all the answers

    What happens to a defense article once it has been placed on the list of exempted items?

    <p>It is no longer subject to this section</p> Signup and view all the answers

    What is the responsibility of authorized exporters after a defense article has been removed from exempted items?

    <p>Continue following the provisions of this section</p> Signup and view all the answers

    Who must remain under the effective control of the UK MOD while deployed?

    <p>U.S. persons</p> Signup and view all the answers

    What must any person do if they know of a proposed sale, reexport, or retransfer of a defense article?

    <p>Submit information in writing to DDTC</p> Signup and view all the answers

    What happens if a U.S. exporter desires to transition defense articles without approval from DDTC?

    <p>The articles remain subject to original license conditions</p> Signup and view all the answers

    Who must obtain approval before transitioning defense articles to the Treaty-established processes?

    <p>'United Kingdom Community members' only as per § 123.9 of this subchapter</p> Signup and view all the answers

    'Transitions' in this context refers to:

    <p>Moving from an existing license or approval to the provisions stated in this section</p> Signup and view all the answers

    What is required for any change in the use of a defense article previously obtained under this exemption?

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

    Which of the following is NOT mentioned as a condition under which a license or prior approval from DDTC is not required?

    <p>Reexport to a non-Approved Community member operating outside the UK MOD elements</p> Signup and view all the answers

    What must be obtained for the export, transfer, reexport, retransfer, or change in end-use of defense articles excluded by paragraph (g) of this section?

    <p>Authorization from DDTC</p> Signup and view all the answers

    When is a license or other written approval of DDTC required for any retransfer, reexport, or change in end-use of a defense article previously exported under this exemption?

    <p>When changing the end-use to an unauthorized purpose</p> Signup and view all the answers

    Under what conditions is a license or prior approval from DDTC not required for a transfer, retransfer, or reexport of an exported defense article?

    <p>When the defense article will be delivered to UK MOD for an authorized end-use</p> Signup and view all the answers

    What must be done when embedded defense articles are excluded by paragraph (g) of this section but are part of a larger eligible system for export?

    <p>They must comply with any restrictions placed on that embedded defense article</p> Signup and view all the answers

    Who needs authorization from DDTC for the export of embedded defense articles excluded from this section?

    <p>Members of the United Kingdom Community only</p> Signup and view all the answers

    What is a condition under which a license or prior approval from DDTC is not required for a transfer of defense articles or services?

    <p>Transfer made within the Territory of the United Kingdom</p> Signup and view all the answers

    What is required for any retransfer or reexport by a member of the United Kingdom Community to an Approved Community member supporting UK MOD elements deployed outside the Territory of the United Kingdom?

    <p>Authorization from DDTC</p> Signup and view all the answers

    Which entity's prior approval is NOT required for a transfer made using United Kingdom Armed Forces transmission channels?

    <p>United States Department of Defense (DoD)</p> Signup and view all the answers

    Which scenario does NOT require a license or prior approval for transferring defense articles to an Approved Community member?

    <p>Transfer operation conducted outside territory of the United Kingdom</p> Signup and view all the answers

    What marking is used for unclassified defense articles and services exported under the Defense Trade Cooperation Treaty between the United States and the United Kingdom?

    <p>//RESTRICTED USML//REL USA and GBR Treaty Community//</p> Signup and view all the answers

    How should U.S.-origin defense articles marked as '//RESTRICTED USML//REL USA and GBR Treaty Community//' be treated when returned to a member of the United States Community?

    <p>Considered unclassified and the marking should be removed</p> Signup and view all the answers

    How should defense articles be labeled if individual labeling is impractical?

    <p>Documentation linking them to appropriate markings should be provided</p> Signup and view all the answers

    Which statement must be included in the bill of lading and invoice for exported defense articles under the U.S.-UK Defense Trade Cooperation Treaty?

    <p>'These U.S.Munitions List commodities...' statement</p> Signup and view all the answers

    Who can handle unclassified exports under this section according to the text?

    <p>Only U.S. intermediate consignees meeting specific criteria</p> Signup and view all the answers

    What is the standard marking for classified defense articles exported under the Defense Trade Cooperation Treaty between the United States and the United Kingdom?

    <p>//SECRET USML//REL USA and GBR Treaty Community//</p> Signup and view all the answers

    Which type of defense article marking requires individual labeling according to the text?

    <p>All defense articles (other than technical data)</p> Signup and view all the answers

    What must be provided if individual labeling of technical data is impractical?

    <p>Documentation or verbal notification associating it with appropriate markings</p> Signup and view all the answers

    'Restricted USML' marking is used for which type of defense articles according to the text?

    <p>'Unclassified' defense articles</p> Signup and view all the answers

    'Intermediate consignees' handling unclassified exports must meet which specific criteria mentioned in the text?

    <p>'Registered with DDTC and eligible'</p> Signup and view all the answers

    What type of approval is required from DDTC for the export of U.S.-origin defense articles specific to developmental systems that have not obtained written Milestone B approval from the U.S. Department of Defense?

    <p>Written solicitation or contract from the U.S. Department of Defense</p> Signup and view all the answers

    Which defense articles are exempted from export under the Defense Trade Cooperation Treaty between the United States and the United Kingdom?

    <p>Defense articles on the European Union Dual Use List</p> Signup and view all the answers

    What authorization is required for exporting embedded defense articles that are excluded by paragraph (g) of this section or Supplement No. 1 to part 126?

    <p>Prior written approval from DDTC</p> Signup and view all the answers

    For what purpose can defense articles be transferred or provided without a license or prior written DDTC approval?

    <p>For an end-use authorized by this exemption</p> Signup and view all the answers

    Which option correctly describes the liability of the U.S. Government concerning infringement of privately owned patent or proprietary rights due to exports?

    <p>No liability incurred by or attributed to the U.S. Government</p> Signup and view all the answers

    Under what circumstances are U.S.-origin classified defense articles or defense services allowed to be exported?

    <p>Under a written request, directive, or contract from the U.S. Department of Defense</p> Signup and view all the answers

    What type of export approval is needed for U.S.Government direction-made anti-tamper measures?

    <p>Prior written approval from DDTC</p> Signup and view all the answers

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