63 Questions
What is the purpose of Part 732 of the Export Administration Regulations (EAR)?
To provide an overview of the steps to determine obligations under the EAR
What is the purpose of the flow chart in Supplement No. 1 to Part 732?
To illustrate the steps for determining the applicability of the EAR
According to Part 732, which of the following is NOT one of the suggested steps for determining obligations under the EAR?
Reviewing the licensing requirements for specific countries
What is the purpose of the cross-references provided in Part 732?
To direct readers to relevant provisions of the EAR for determining applicability
Which of the following is NOT mentioned as part of the suggested steps in Part 732?
Determining the classification of exported items
According to Part 732, what is the purpose of the information provided in this part?
To provide an overview of the steps for certain EAR requirements
What determines an item's place on the Commerce Control List?
Its classification
Which of the following is crucial in determining the licensing requirements for an export or reexport?
The country of ultimate destination
What should be considered regarding the ultimate end-user of an item?
They cannot be a bad end-user
What is essential regarding the ultimate end-use of an item?
It cannot be a bad end-use
Which type of conduct can prevent one from dealing with someone in certain situations?
Contracting, financing, and freight forwarding in support of a proliferation project
According to the EAR, what should be done if your item or activity is not subject to EAR regulations?
Skip the remaining steps
What do part 736 of the EAR refer to?
General Prohibitions
What is the purpose of the Country Chart in the Export Administration Regulations (EAR)?
To determine if a license is required for exporting an item to a specific destination
How is the Country Chart used in conjunction with the Export Control Classification Number (ECCN)?
The ECCN provides the reason for control, and the Country Chart indicates if a license is required for that reason
What does an 'X' in a cell of the Country Chart signify?
A license is required for General Prohibitions One, Two, and Three
How are items subject to short supply controls handled in the EAR?
They are not governed by the Country Chart, but by Part 754 of the EAR
What should you do if an ECCN does not identify a Country Chart column identifier?
Refer to the ECCN itself for licensing requirements
How are destinations subject to embargo and other special controls provisions handled in the EAR?
They are not governed by the Country Chart, but by Part 746 of the EAR
What is the classification for items subject to the EAR but not listed on the Commerce Control List (CCL)?
EAR99
If a cell in the Country Chart does not contain an 'X' for your destination, what does it indicate?
A license is not required under the CCL and the Country Chart
What should you do after determining licensing requirements using the Country Chart?
Proceed to Steps 12 through 18 to determine additional limits
What is the purpose of Supplement No. 1 to Part 734 of the EAR?
To provide illustrative, non-exhaustive examples of publicly available technology and software
If your technology or software is publicly available and you are a U.S. person, what step should you follow?
Proceed to Step 15 at §732.3(j)
If you are exporting items from a foreign country, what should you do?
Proceed to Step 4 in §732.3(d) concerning foreign-made items incorporating controlled U.S.-origin items
What is the purpose of Step 4 in §732.3(d) of the EAR?
To determine whether foreign-made items incorporating controlled U.S.-origin items are subject to the EAR
What is the de minimis level used to determine if a foreign-made item is subject to the EAR?
The percentage of incorporated U.S.-origin controlled items specified in §734.4 of the EAR
If a foreign-made item incorporates more than the de minimis level of U.S.-origin items, what should you do?
Skip to Step 7 at §732.3 and consider the general prohibitions, license exceptions, and other requirements
What does General Prohibition Three in §736.2(b)(3) of the EAR relate to?
Foreign items that are the direct product of U.S. technology, software, or plant
What is an exception to the EAR for publicly available encryption object code software classified under ECCN 5D002?
When the corresponding source code meets the criteria specified in §740.13(e) of the EAR
What remains subject to the EAR, even if publicly available?
Software or technology for the production of a firearm, or firearm frame or receiver, controlled under ECCN 0A501
Which of the following statements is true about items subject to the EAR (Export Administration Regulations)?
Items subject to the EAR may require a license to be exported from abroad or reexported to certain countries.
If an item is not captured by General Prohibition Three (Foreign-Produced Direct Product Reexports), what does the text suggest?
You have completed the steps necessary to determine whether the item is subject to the EAR, and you may skip the remaining steps.
Which of the following items are subject to the EAR when outside the U.S.?
Both (a) and (b).
Who is responsible for correctly classifying items in a transaction subject to the EAR?
The exporter, reexporter, or transferor.
What is the purpose of the Commerce Control List (CCL) Order of Review supplement?
To establish the steps (i.e., the order of review) that should be followed in classifying items that are subject to the EAR.
What is the proper classification for items subject to the EAR but not listed on the CCL?
EAR99
What is the purpose of the ECCN 0Y521 series classification?
It is a temporary classification for items subject to the EAR while a determination is being made as to whether classification under a revised or new ECCN or EAR99 designation is appropriate.
What is the final step in determining whether an item is subject to the EAR?
Determining the country of ultimate destination.
For which countries should you skip Steps 7 through 11 and go directly to Step 12 when following the General Prohibitions?
Cuba, Iran, North Korea, and Syria
Which steps refer to General Prohibitions Four through Ten?
Steps 12 through 18
If none of the ten general prohibitions apply, which steps should you skip?
Steps concerning License Exceptions
If a License Exception is not available, which steps should you proceed to?
Steps 25 through 29
If you must file a license application, which part of the EAR should you review?
Part 748
What do Steps 1 through 6 help determine?
The scope of the EAR
If your item is subject to the exclusive jurisdiction of another Federal agency, what should you do?
Comply with the regulations of that agency and skip the remaining steps
Which step determines whether your item is subject to the exclusive jurisdiction of another Federal agency?
Step 1
Which steps should you review if a License Exception is available and the export is from the United States?
Steps 26 through 28
License Exceptions are generally not available to overcome which General Prohibitions?
General Prohibitions Four through Ten
What is the purpose of Step 12 in the process outlined in the text?
To determine if the transferee, end-user, or any other party is denied export privileges
What is the key difference between the de minimis rules and the foreign-produced direct product rule discussed in the text?
The de minimis rules apply to foreign-made items that incorporate controlled U.S.-origin content, while the foreign-produced direct product rule applies to foreign-produced items that are the direct product of U.S.-origin technology or software
What is the purpose of Step 11 in the process?
To assess whether the foreign-produced item is subject to the EAR under the foreign-produced direct product rule
What is the purpose of the guidance on calculations provided in Supplement No. 2 to Part 734 of the EAR?
To provide instructions on how to calculate the U.S.-controlled content of a foreign-made commodity, software, or technology
What is the purpose of General Prohibition Four (Denial Orders) discussed in the text?
To prohibit engaging in any activity that violates the terms or conditions of a denial order issued by the Bureau of Industry and Security
What is the primary focus of the text?
Detailing the end-use and end-user prohibitions under General Prohibition Five of the EAR
Which of the following statements is true regarding License Exception TSU?
License Exception TSU allows for the export of operation technology and software, sales technology, and software updates without a license, provided certain conditions are met.
Which of the following statements is true regarding General Prohibition Six (Embargo)?
General Prohibition Six (Embargo) applies to all items subject to the EAR, unless the export involves only published information or software as specified in 734.7 or other items outside the scope of the EAR.
What is the scope of General Prohibition Seven ("U.S. person" activities)?
General Prohibition Seven applies to a broader range of activities by U.S. persons, not limited to exports, reexports, or transfers (in-country).
Which part of the EAR contains the prohibitions and exceptions applicable to short supply controls?
Part 754
Which of the following destinations is NOT mentioned in the text as being subject to the requirements of parts 742 and 746 of the EAR?
Russia
Which of the following statements is true regarding the use of License Exceptions to overcome General Prohibition Six (Embargo)?
License Exceptions described in part 740 of the EAR can be used to overcome General Prohibition Six (Embargo) only if specifically authorized in part 746 of the EAR.
Which statement best describes the relationship between General Prohibitions One, Two, Three, and Five of the EAR?
The license requirements under General Prohibitions One, Two, and Three are in addition to the requirements under General Prohibition Five.
Which of the following statements is true regarding the application of General Prohibition Five (End-Use and End-User)?
General Prohibition Five applies to all items subject to the EAR, both items on the CCL and within EAR99, unless otherwise indicated.
Learn about the logical steps outlined in § 732.1 of the Export Administration Regulations (EAR) to help determine obligations under the EAR. This section provides an introduction and references to 15 CFR chapter VII, subchapter C, guiding individuals through the review of regulations.
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