764 V1
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Questions and Answers

What is the purpose of part 764 as described in the text?

  • To provide guidelines for criminal prosecution
  • To list all the countries involved in the EAR
  • To specify conduct that constitutes a violation of ECRA and the EAR (correct)
  • To establish protective measures for individuals
  • Which violations are described in part 760 of the EAR?

  • Criminal violations
  • Administrative violations
  • Violations related to protective measures
  • Antiboycott violations (correct)
  • Who can impose administrative sanctions according to the text?

  • State Department
  • BIS (Bureau of Industry and Security) (correct)
  • United States Congress
  • Department of Justice
  • What actions are prohibited by ECRA and the EAR?

    <p>Engaging in any transaction prohibited by ECRA, the EAR, or any order issued under them</p> Signup and view all the answers

    What is the function of sections 11A, B, and C of the Export Administration Act (EAA) as mentioned in the text?

    <p>Imposing sanctions that are neither administrative nor criminal</p> Signup and view all the answers

    What types of actions are covered by part 764 unless otherwise stated?

    <p>Actions relating to part 760 violations</p> Signup and view all the answers

    What type of penalties are statutory sanctions according to the text?

    <p>Restrictions on imports and procurement</p> Signup and view all the answers

    Which agency is responsible for seizing and forfeiting property related to export law violations?

    <p>Department of Defense</p> Signup and view all the answers

    What is the consequence of failing to report potential export control violations?

    <p>Loss of export privileges</p> Signup and view all the answers

    Which department may deny licenses for export or reexport of defense articles to individuals convicted of specified criminal offenses?

    <p>Department of State</p> Signup and view all the answers

    Under what circumstances is voluntary self-disclosure considered a mitigating factor?

    <p>When OEE receives information prior to any other agency</p> Signup and view all the answers

    What penalties does the OEE decide upon after receiving voluntary self-disclosure?

    <p>Administrative sanctions</p> Signup and view all the answers

    What kind of actions can the Department of Defense take against individuals violating export control laws?

    <p>Suspend contracting rights with the U.S. Government</p> Signup and view all the answers

    Who should be notified if a person learns of an export control violation under the EAR?

    <p>Office of Export Enforcement</p> Signup and view all the answers

    What distinguishes reporting requirements in §764.4 from other reporting provisions?

    <p>Legal status under §764.2(i)</p> Signup and view all the answers

    In what situations do the provisions related to voluntary self-disclosure NOT apply?

    <p>When disclosures involve part 760 of the EAR</p> Signup and view all the answers

    What is the maximum monetary civil penalty for each violation under the EAR?

    <p>That provided by IEEPA</p> Signup and view all the answers

    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)?

    <p>Revocation of any existing licenses</p> Signup and view all the answers

    Under what authority can an order denying export privileges be imposed?

    <p>IEEPA and any other authority</p> Signup and view all the answers

    What may happen to a person's export privileges under a denial order?

    <p>Suspension or revocation of licenses</p> Signup and view all the answers

    What is the maximum fine for an individual who willfully commits an unlawful act described in 50 U.S.C. 4819(a)?

    <p>$1,000,000</p> Signup and view all the answers

    What may be imposed in addition to criminal and administrative sanctions for conduct violating ECRA and the EAR?

    <p>Statutorily-mandated sanctions</p> Signup and view all the answers

    Under what conditions can the payment of a civil penalty be deferred or suspended?

    <p>In whole or in part during a probation period</p> Signup and view all the answers

    What is the primary consequence of conduct violating ECRA, the EAR, or any order issued thereunder?

    <p>Denial of export privileges</p> Signup and view all the answers

    Who can authorize actions otherwise prohibited by a denial order?

    <p>The Office of Exporter Services only</p> Signup and view all the answers

    What may happen to a person acting as an attorney, consultant, or freight forwarder if they violate regulations before BIS?

    <p>Exclusion from activities before BIS</p> Signup and view all the answers

    What type of activities are prohibited by General Prohibition Ten at §736.2(b)(10) of the EAR?

    <p>Financing and transferring items subject to the EAR</p> Signup and view all the answers

    In accordance with the EAR, what can BIS do to a person convicted of an offense specified in §11(h) of the EAA?

    <p>Deny export privileges</p> Signup and view all the answers

    Which activities relating to items subject to the EAR are covered by §764.2(e) and General Prohibition Ten?

    <p>Servicing and financing</p> Signup and view all the answers

    What is required for activities involving installed base items in Libya under §764.2(e) where no license is needed?

    <p>Reporting requirement</p> Signup and view all the answers

    What is prohibited by General Prohibition Ten at §736.2(b)(10) if there is knowledge of a violation?

    <p>Forwarding any items</p> Signup and view all the answers

    What must be known about an item for General Prohibition Ten to apply?

    <p><em>Its connection to a violation</em></p> Signup and view all the answers

    Which of the following actions is prohibited by ECRA, the EAR, or any order, license, or authorization issued thereunder?

    <p>All of the above</p> Signup and view all the answers

    What is prohibited regarding solicitation and attempt of violations?

    <p>Both soliciting and attempting a violation are prohibited</p> Signup and view all the answers

    Which of the following actions related to conspiracy is prohibited?

    <p>Both conspiring and acting in concert to commit a violation are prohibited</p> Signup and view all the answers

    Which of the following actions related to knowledge of a violation is prohibited?

    <p>All of the above actions with knowledge of a violation are prohibited</p> Signup and view all the answers

    What is prohibited regarding misrepresentation and concealment of facts?

    <p>All of the above actions related to misrepresentation and concealment are prohibited</p> Signup and view all the answers

    What is stated regarding representations, statements, and certifications made by any person?

    <p>They are deemed to be continuing in effect</p> Signup and view all the answers

    What is prohibited regarding evasion?

    <p>All of the above actions with intent to evade are prohibited</p> Signup and view all the answers

    What is prohibited regarding reporting and recordkeeping requirements?

    <p>Failing or refusing to comply with any reporting or recordkeeping requirement of ECRA or the EAR</p> Signup and view all the answers

    What is stated regarding altering licenses, authorizations, export control documents, or orders?

    <p>It is prohibited unless specifically authorized in the EAR or in writing by BIS</p> Signup and view all the answers

    What is prohibited regarding denial orders issued by BIS?

    <p>Taking any action prohibited by a denial order or a temporary denial order</p> Signup and view all the answers

    What is the primary factor considered in determining administrative sanctions for voluntary self-disclosure?

    <p>Voluntary self-disclosure is considered along with all other factors in the case.</p> Signup and view all the answers

    What discretion does the Office of Export Enforcement (OEE) have regarding voluntary self-disclosure?

    <p>The weight given to voluntary self-disclosure is solely within OEE's discretion.</p> Signup and view all the answers

    What is the effect of voluntary self-disclosure on potential criminal prosecution?

    <p>Voluntary self-disclosure does not prevent transactions from being referred for criminal prosecution.</p> Signup and view all the answers

    For a firm to be considered as having made a voluntary self-disclosure, what condition must be met?

    <p>The disclosure must be made with the full knowledge and authorization of the firm's senior management.</p> Signup and view all the answers

    What rights or benefits are conferred by the provisions regarding voluntary self-disclosure?

    <p>The provisions do not create, confer, or grant any enforceable rights or benefits.</p> Signup and view all the answers

    What should a person wanting to make a voluntary self-disclosure do initially?

    <p>Initially notify OEE as soon as possible after violations are discovered.</p> Signup and view all the answers

    How should the initial notification of a voluntary self-disclosure be made?

    <p>Either in writing or orally, as long as OEE is notified.</p> Signup and view all the answers

    What information should be included in the initial notification of a voluntary self-disclosure?

    <p>The name of the person making the disclosure and a brief description of the suspected violations.</p> Signup and view all the answers

    What is the time frame for submitting a complete narrative account after the initial notification?

    <p>Within 180 days of the initial notification date, unless an extension is granted.</p> Signup and view all the answers

    If it is not practical to make the initial notification in writing, what should be done?

    <p>Contact OEE promptly at the specified office and confirm the oral notification in writing as soon as possible.</p> Signup and view all the answers

    What is the recommended time period for reviewing export-related transactions when conducting a voluntary self-disclosure?

    <p>5 years prior to the initial notification</p> Signup and view all the answers

    What is the consequence of failing to disclose violations that are not voluntarily disclosed?

    <p>The undisclosed violations will not be treated as a separate violation unless required by law</p> Signup and view all the answers

    What information should be included in the narrative account provided to OEE during a voluntary self-disclosure?

    <p>An explanation of when and how the violations occurred, and the identities of parties involved</p> Signup and view all the answers

    What types of supporting documentation should accompany the narrative account in a voluntary self-disclosure?

    <p>Licensing documents, shipping documents, and other relevant communication records</p> Signup and view all the answers

    Who should sign the certification statement required as part of a voluntary self-disclosure?

    <p>An official of the corporation or organization with the authority to do so</p> Signup and view all the answers

    What is the purpose of including a description of mitigating circumstances in the narrative account?

    <p>To provide context for the violations and potentially reduce penalties</p> Signup and view all the answers

    What is the risk of requesting an extension for submitting the narrative account shortly before the deadline?

    <p>The request may be denied due to insufficient time for review</p> Signup and view all the answers

    What should a person making a voluntary self-disclosure do with relevant documents not attached to the narrative account?

    <p>Retain them until OEE requests them or a final decision is made</p> Signup and view all the answers

    What is the consequence of making false or misleading representations in connection with a voluntary self-disclosure?

    <p>The provisions of Section 764.2(g) of the EAR will apply</p> Signup and view all the answers

    What is the purpose of providing a description of the review conducted in the narrative account?

    <p>To demonstrate the thoroughness of the review and compliance efforts</p> Signup and view all the answers

    What is the primary purpose of voluntary self-disclosures according to the text?

    <p>To provide written narrative accounts and supporting documentation</p> Signup and view all the answers

    Where should voluntary self-disclosures or related correspondence be submitted?

    <p>To the Office of Export Enforcement</p> Signup and view all the answers

    What action can the Office of Export Enforcement (OEE) take after receiving a voluntary self-disclosure?

    <p>Issue a warning letter or proposed charging letter, and attempt to settle the matter</p> Signup and view all the answers

    What describes how BIS typically exercises its discretion regarding administrative enforcement cases?

    <p>Supplement no. 1 to part 766</p> Signup and view all the answers

    What action can a person making a voluntary self-disclosure request from BIS?

    <p>Request permission to engage in activities that would otherwise be prohibited</p> Signup and view all the answers

    If a person making a voluntary self-disclosure is granted permission by BIS to engage in otherwise prohibited activities, what is the implication?

    <p>Future activities with respect to those items will not constitute violations</p> Signup and view all the answers

    How can a person request a license to reexport items that are the subject of a voluntary self-disclosure?

    <p>Submit a request to the Bureau of Industry and Security (BIS) in accordance with part 748 of the EAR</p> Signup and view all the answers

    What should a person state in a request for reexport authorization if they know the items are the subject of a voluntary self-disclosure?

    <p>That a voluntary self-disclosure was made in connection with the export of the commodities</p> Signup and view all the answers

    What administrative measure can BIS take to prevent the occurrence of an imminent violation, according to the text?

    <p>Issue a temporary denial order</p> Signup and view all the answers

    What can BIS do based on a criminal conviction?

    <p>Deny export privileges</p> Signup and view all the answers

    What is the purpose of the 180-day deadline mentioned in the text?

    <p>To ensure that the narrative account is completed and submitted to OEE in a timely manner</p> Signup and view all the answers

    What is the consequence if the disclosing person fails to meet the 180-day deadline or an extended deadline?

    <p>The mitigating impact of the voluntary disclosure under supplement no. 1 to this part may be reduced or eliminated</p> Signup and view all the answers

    What information must be included in the complete narrative account mentioned in the text?

    <p>Only the pertinent information called for in paragraphs (c)(3), (c)(4), and (c)(5) of this section</p> Signup and view all the answers

    Under what conditions may the Director of OEE grant an extension to the 180-day deadline?

    <p>All of the above</p> Signup and view all the answers

    What information should a request to extend the 180-day deadline include?

    <p>All of the above</p> Signup and view all the answers

    What is the purpose of the toll the statute of limitations provision mentioned in the text?

    <p>To protect the U.S. Government's ability to take enforcement action against the disclosed violations</p> Signup and view all the answers

    What is the purpose of the interim remedial compliance measures that the Director of OEE may require as a condition of an extension?

    <p>To ensure the disclosing person does not make any additional violations during the extension period</p> Signup and view all the answers

    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?

    <p>It ensures the disclosing person receives the full mitigating impact of the voluntary disclosure under supplement no. 1</p> Signup and view all the answers

    What is the significance of the statement that the 180-day deadline is an initial deadline?

    <p>It means the Director of OEE can grant multiple extensions beyond the initial 180-day period</p> Signup and view all the answers

    What is the primary purpose of the provisions in the text regarding the Director of OEE's authority to grant deadline extensions?

    <p>To ensure the disclosing person has adequate time to complete and submit the narrative account</p> Signup and view all the answers

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