82 Questions
What is the purpose of part 764 as described in the text?
To specify conduct that constitutes a violation of ECRA and the EAR
Which violations are described in part 760 of the EAR?
Antiboycott violations
Who can impose administrative sanctions according to the text?
BIS (Bureau of Industry and Security)
What actions are prohibited by ECRA and the EAR?
Engaging in any transaction prohibited by ECRA, the EAR, or any order issued under them
What is the function of sections 11A, B, and C of the Export Administration Act (EAA) as mentioned in the text?
Imposing sanctions that are neither administrative nor criminal
What types of actions are covered by part 764 unless otherwise stated?
Actions relating to part 760 violations
What type of penalties are statutory sanctions according to the text?
Restrictions on imports and procurement
Which agency is responsible for seizing and forfeiting property related to export law violations?
Department of Defense
What is the consequence of failing to report potential export control violations?
Loss of export privileges
Which department may deny licenses for export or reexport of defense articles to individuals convicted of specified criminal offenses?
Department of State
Under what circumstances is voluntary self-disclosure considered a mitigating factor?
When OEE receives information prior to any other agency
What penalties does the OEE decide upon after receiving voluntary self-disclosure?
Administrative sanctions
What kind of actions can the Department of Defense take against individuals violating export control laws?
Suspend contracting rights with the U.S. Government
Who should be notified if a person learns of an export control violation under the EAR?
Office of Export Enforcement
What distinguishes reporting requirements in §764.4 from other reporting provisions?
Legal status under §764.2(i)
In what situations do the provisions related to voluntary self-disclosure NOT apply?
When disclosures involve part 760 of the EAR
What is the maximum monetary civil penalty for each violation under the EAR?
That provided by IEEPA
What consequence may be imposed if a person violates ECRA, the EAR, or any other statute set forth at 50 U.S.C. 4819(e)(1)(B)?
Revocation of any existing licenses
Under what authority can an order denying export privileges be imposed?
IEEPA and any other authority
What may happen to a person's export privileges under a denial order?
Suspension or revocation of licenses
What is the maximum fine for an individual who willfully commits an unlawful act described in 50 U.S.C. 4819(a)?
$1,000,000
What may be imposed in addition to criminal and administrative sanctions for conduct violating ECRA and the EAR?
Statutorily-mandated sanctions
Under what conditions can the payment of a civil penalty be deferred or suspended?
In whole or in part during a probation period
What is the primary consequence of conduct violating ECRA, the EAR, or any order issued thereunder?
Denial of export privileges
Who can authorize actions otherwise prohibited by a denial order?
The Office of Exporter Services only
What may happen to a person acting as an attorney, consultant, or freight forwarder if they violate regulations before BIS?
Exclusion from activities before BIS
What type of activities are prohibited by General Prohibition Ten at §736.2(b)(10) of the EAR?
Financing and transferring items subject to the EAR
In accordance with the EAR, what can BIS do to a person convicted of an offense specified in §11(h) of the EAA?
Deny export privileges
Which activities relating to items subject to the EAR are covered by §764.2(e) and General Prohibition Ten?
Servicing and financing
What is required for activities involving installed base items in Libya under §764.2(e) where no license is needed?
Reporting requirement
What is prohibited by General Prohibition Ten at §736.2(b)(10) if there is knowledge of a violation?
Forwarding any items
What must be known about an item for General Prohibition Ten to apply?
Its connection to a violation
Which of the following actions is prohibited by ECRA, the EAR, or any order, license, or authorization issued thereunder?
All of the above
What is prohibited regarding solicitation and attempt of violations?
Both soliciting and attempting a violation are prohibited
Which of the following actions related to conspiracy is prohibited?
Both conspiring and acting in concert to commit a violation are prohibited
Which of the following actions related to knowledge of a violation is prohibited?
All of the above actions with knowledge of a violation are prohibited
What is prohibited regarding misrepresentation and concealment of facts?
All of the above actions related to misrepresentation and concealment are prohibited
What is stated regarding representations, statements, and certifications made by any person?
They are deemed to be continuing in effect
What is prohibited regarding evasion?
All of the above actions with intent to evade are prohibited
What is prohibited regarding reporting and recordkeeping requirements?
Failing or refusing to comply with any reporting or recordkeeping requirement of ECRA or the EAR
What is stated regarding altering licenses, authorizations, export control documents, or orders?
It is prohibited unless specifically authorized in the EAR or in writing by BIS
What is prohibited regarding denial orders issued by BIS?
Taking any action prohibited by a denial order or a temporary denial order
What is the primary factor considered in determining administrative sanctions for voluntary self-disclosure?
Voluntary self-disclosure is considered along with all other factors in the case.
What discretion does the Office of Export Enforcement (OEE) have regarding voluntary self-disclosure?
The weight given to voluntary self-disclosure is solely within OEE's discretion.
What is the effect of voluntary self-disclosure on potential criminal prosecution?
Voluntary self-disclosure does not prevent transactions from being referred for criminal prosecution.
For a firm to be considered as having made a voluntary self-disclosure, what condition must be met?
The disclosure must be made with the full knowledge and authorization of the firm's senior management.
What rights or benefits are conferred by the provisions regarding voluntary self-disclosure?
The provisions do not create, confer, or grant any enforceable rights or benefits.
What should a person wanting to make a voluntary self-disclosure do initially?
Initially notify OEE as soon as possible after violations are discovered.
How should the initial notification of a voluntary self-disclosure be made?
Either in writing or orally, as long as OEE is notified.
What information should be included in the initial notification of a voluntary self-disclosure?
The name of the person making the disclosure and a brief description of the suspected violations.
What is the time frame for submitting a complete narrative account after the initial notification?
Within 180 days of the initial notification date, unless an extension is granted.
If it is not practical to make the initial notification in writing, what should be done?
Contact OEE promptly at the specified office and confirm the oral notification in writing as soon as possible.
What is the recommended time period for reviewing export-related transactions when conducting a voluntary self-disclosure?
5 years prior to the initial notification
What is the consequence of failing to disclose violations that are not voluntarily disclosed?
The undisclosed violations will not be treated as a separate violation unless required by law
What information should be included in the narrative account provided to OEE during a voluntary self-disclosure?
An explanation of when and how the violations occurred, and the identities of parties involved
What types of supporting documentation should accompany the narrative account in a voluntary self-disclosure?
Licensing documents, shipping documents, and other relevant communication records
Who should sign the certification statement required as part of a voluntary self-disclosure?
An official of the corporation or organization with the authority to do so
What is the purpose of including a description of mitigating circumstances in the narrative account?
To provide context for the violations and potentially reduce penalties
What is the risk of requesting an extension for submitting the narrative account shortly before the deadline?
The request may be denied due to insufficient time for review
What should a person making a voluntary self-disclosure do with relevant documents not attached to the narrative account?
Retain them until OEE requests them or a final decision is made
What is the consequence of making false or misleading representations in connection with a voluntary self-disclosure?
The provisions of Section 764.2(g) of the EAR will apply
What is the purpose of providing a description of the review conducted in the narrative account?
To demonstrate the thoroughness of the review and compliance efforts
What is the primary purpose of voluntary self-disclosures according to the text?
To provide written narrative accounts and supporting documentation
Where should voluntary self-disclosures or related correspondence be submitted?
To the Office of Export Enforcement
What action can the Office of Export Enforcement (OEE) take after receiving a voluntary self-disclosure?
Issue a warning letter or proposed charging letter, and attempt to settle the matter
What describes how BIS typically exercises its discretion regarding administrative enforcement cases?
Supplement no. 1 to part 766
What action can a person making a voluntary self-disclosure request from BIS?
Request permission to engage in activities that would otherwise be prohibited
If a person making a voluntary self-disclosure is granted permission by BIS to engage in otherwise prohibited activities, what is the implication?
Future activities with respect to those items will not constitute violations
How can a person request a license to reexport items that are the subject of a voluntary self-disclosure?
Submit a request to the Bureau of Industry and Security (BIS) in accordance with part 748 of the EAR
What should a person state in a request for reexport authorization if they know the items are the subject of a voluntary self-disclosure?
That a voluntary self-disclosure was made in connection with the export of the commodities
What administrative measure can BIS take to prevent the occurrence of an imminent violation, according to the text?
Issue a temporary denial order
What can BIS do based on a criminal conviction?
Deny export privileges
What is the purpose of the 180-day deadline mentioned in the text?
To ensure that the narrative account is completed and submitted to OEE in a timely manner
What is the consequence if the disclosing person fails to meet the 180-day deadline or an extended deadline?
The mitigating impact of the voluntary disclosure under supplement no. 1 to this part may be reduced or eliminated
What information must be included in the complete narrative account mentioned in the text?
Only the pertinent information called for in paragraphs (c)(3), (c)(4), and (c)(5) of this section
Under what conditions may the Director of OEE grant an extension to the 180-day deadline?
All of the above
What information should a request to extend the 180-day deadline include?
All of the above
What is the purpose of the toll the statute of limitations provision mentioned in the text?
To protect the U.S. Government's ability to take enforcement action against the disclosed violations
What is the purpose of the interim remedial compliance measures that the Director of OEE may require as a condition of an extension?
To ensure the disclosing person does not make any additional violations during the extension period
What is the significance of the statement that the disclosure will be deemed to have been made on the initial notification date if the narrative account is submitted within the deadline?
It ensures the disclosing person receives the full mitigating impact of the voluntary disclosure under supplement no. 1
What is the significance of the statement that the 180-day deadline is an initial deadline?
It means the Director of OEE can grant multiple extensions beyond the initial 180-day period
What is the primary purpose of the provisions in the text regarding the Director of OEE's authority to grant deadline extensions?
To ensure the disclosing person has adequate time to complete and submit the narrative account
This quiz provides an overview of the violations and sanctions outlined in the Export Administration Regulations (EAR) and the Export Control Reform Act (ECRA). It covers the conduct that constitutes a violation, as well as the administrative sanctions that may be imposed.
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