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Questions and Answers
The Export Administration Regulations (EAR) are issued by the United States Department of State.
The Export Administration Regulations (EAR) are issued by the United States Department of State.
False
Supplement no. 1 to part 730 lists the information collection requirements under the EAR.
Supplement no. 1 to part 730 lists the information collection requirements under the EAR.
True
The EAR primarily implement the International Emergency Economic Powers Act.
The EAR primarily implement the International Emergency Economic Powers Act.
False
The Export Administration Act of 1979 provides the statutory authority for the EAR.
The Export Administration Act of 1979 provides the statutory authority for the EAR.
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The EAR do not have any legal authorities underlying them apart from the Export Administration Act of 1979.
The EAR do not have any legal authorities underlying them apart from the Export Administration Act of 1979.
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The EAR were issued under laws relating to the control of imports.
The EAR were issued under laws relating to the control of imports.
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The term 'dual-use' is solely applicable to items with terrorism-related applications.
The term 'dual-use' is solely applicable to items with terrorism-related applications.
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Items subject to the EAR include purely civilian items only.
Items subject to the EAR include purely civilian items only.
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The EAR restricts specific activities of 'non-U.S. persons'.
The EAR restricts specific activities of 'non-U.S. persons'.
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Items produced outside of the United States are never subject to the EAR.
Items produced outside of the United States are never subject to the EAR.
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The EAR include export controls to protect the United States from the adverse impact of the unrestricted export of commodities in abundance.
The EAR include export controls to protect the United States from the adverse impact of the unrestricted export of commodities in abundance.
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The release of technology to a foreign national in the United States is not considered an export under EAR.
The release of technology to a foreign national in the United States is not considered an export under EAR.
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The Department of Treasury's Office of Foreign Assets Control (OFAC) administers controls only on exports.
The Department of Treasury's Office of Foreign Assets Control (OFAC) administers controls only on exports.
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License requirements are not necessary for a large percentage of exports and reexports subject to the EAR.
License requirements are not necessary for a large percentage of exports and reexports subject to the EAR.
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Determining obligations under the EAR can be achieved by reviewing part 732 of the EAR.
Determining obligations under the EAR can be achieved by reviewing part 732 of the EAR.
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EAR controls items exclusively used for military applications which are controlled under ITAR.
EAR controls items exclusively used for military applications which are controlled under ITAR.
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The EAR do not contain prohibitions that apply to items listed on the Commerce Control List.
The EAR do not contain prohibitions that apply to items listed on the Commerce Control List.
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The EAR never applies to actions that may not be considered exports in other contexts.
The EAR never applies to actions that may not be considered exports in other contexts.
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'Export' under EAR only refers to physical shipments of goods out of the United States.
'Export' under EAR only refers to physical shipments of goods out of the United States.
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General Prohibitions Four through Ten in the EAR apply to specific items listed on the Commerce Control List.
General Prohibitions Four through Ten in the EAR apply to specific items listed on the Commerce Control List.
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Presidential executive orders under IEEPA have directed the continuation in force of EAR when EAA has lapsed.
Presidential executive orders under IEEPA have directed the continuation in force of EAR when EAA has lapsed.
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BIS may apply policies differently depending on whether a license is required based on the item's listing on the CCL and the Country Chart in Part 738 of the EAR.
BIS may apply policies differently depending on whether a license is required based on the item's listing on the CCL and the Country Chart in Part 738 of the EAR.
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Multilateral export control cooperation is not sought through arrangements like the Nuclear Suppliers Group and the Australia Group.
Multilateral export control cooperation is not sought through arrangements like the Nuclear Suppliers Group and the Australia Group.
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The EAR are organized in a confusing manner, making it difficult to determine obligations.
The EAR are organized in a confusing manner, making it difficult to determine obligations.
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Prohibitions in the EAR are only applicable to items that are explicitly indicated as subject to control.
Prohibitions in the EAR are only applicable to items that are explicitly indicated as subject to control.
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License exceptions in the EAR do not require any application to BIS.
License exceptions in the EAR do not require any application to BIS.
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ECCNs on the CCL are not covered by the Country Chart in part 738 of the EAR.
ECCNs on the CCL are not covered by the Country Chart in part 738 of the EAR.
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Part 754 of the EAR deals with licensing exceptions for items on the CCL.
Part 754 of the EAR deals with licensing exceptions for items on the CCL.
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A license may be required based on the end-use or end-user in a transaction according to part 740 of the EAR.
A license may be required based on the end-use or end-user in a transaction according to part 740 of the EAR.
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Part 744 of the EAR describes restrictions only on items, not on the activities of U.S. persons.
Part 744 of the EAR describes restrictions only on items, not on the activities of U.S. persons.
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All exports to embargoed destinations require a license, as stated in part 746 of the EAR.
All exports to embargoed destinations require a license, as stated in part 746 of the EAR.
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According to part 748 and 750 of the EAR, denied license applications cannot be appealed.
According to part 748 and 750 of the EAR, denied license applications cannot be appealed.
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Part 758 of the EAR provides information on record-keeping and enforcement rules.
Part 758 of the EAR provides information on record-keeping and enforcement rules.
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Part 768 of the EAR provides rules for determining foreign availability of items subject to controls.
Part 768 of the EAR provides rules for determining foreign availability of items subject to controls.
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The EAR do not provide definitions and interpretations in part 770 and 772.
The EAR do not provide definitions and interpretations in part 770 and 772.
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BIS believes that detailed listings in the CCL should lead to increased dependence on interpretations by BIS officials.
BIS believes that detailed listings in the CCL should lead to increased dependence on interpretations by BIS officials.
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The detailed presentation of licensing and export clearance procedures in the EAR helps you find all necessary information in one place.
The detailed presentation of licensing and export clearance procedures in the EAR helps you find all necessary information in one place.
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License Exception criteria are not extensively detailed in the EAR.
License Exception criteria are not extensively detailed in the EAR.
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The need for careful drafting of the EAR is to avoid confusing loopholes and ensure effective enforcement.
The need for careful drafting of the EAR is to avoid confusing loopholes and ensure effective enforcement.
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The Office of Export Services can be contacted for general information including assistance in understanding the EAR.
The Office of Export Services can be contacted for general information including assistance in understanding the EAR.
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The head of the Bureau of Industry and Security is the Director of Administration.
The head of the Bureau of Industry and Security is the Director of Administration.
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The Under Secretary for Industry and Security is not assisted by a Deputy Under Secretary.
The Under Secretary for Industry and Security is not assisted by a Deputy Under Secretary.
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The Office of Export Enforcement is responsible for handling nonproliferation and treaty compliance.
The Office of Export Enforcement is responsible for handling nonproliferation and treaty compliance.
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The principal functions of the Bureau are carried out by three units: Export Administration, Export Enforcement, and Export Compliance.
The principal functions of the Bureau are carried out by three units: Export Administration, Export Enforcement, and Export Compliance.
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Export Enforcement consists of four sub-units according to the EAR.
Export Enforcement consists of four sub-units according to the EAR.
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BIS is not assisted by any technical advisory committees in its work according to the EAR.
BIS is not assisted by any technical advisory committees in its work according to the EAR.
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The EAR were primarily designed to implement the International Emergency Economic Powers Act.
The EAR were primarily designed to implement the International Emergency Economic Powers Act.
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License requirements are not necessary for a large percentage of exports and reexports subject to the EAR.
License requirements are not necessary for a large percentage of exports and reexports subject to the EAR.
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Items produced outside of the United States are never subject to the EAR.
Items produced outside of the United States are never subject to the EAR.
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The term 'dual-use' is solely applicable to items with terrorism-related applications.
The term 'dual-use' is solely applicable to items with terrorism-related applications.
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All exports to embargoed destinations require a license, as stated in part 746 of the EAR.
All exports to embargoed destinations require a license, as stated in part 746 of the EAR.
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'Export' under EAR only refers to physical shipments of goods out of the United States.
'Export' under EAR only refers to physical shipments of goods out of the United States.
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The EAA is permanent legislation.
The EAA is permanent legislation.
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A 'dual-use' item has civil applications as well as terrorism and military applications.
A 'dual-use' item has civil applications as well as terrorism and military applications.
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Items subject to the EAR include purely civilian items only.
Items subject to the EAR include purely civilian items only.
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The EAR controls any item warranting control that is exclusively controlled for export by another agency.
The EAR controls any item warranting control that is exclusively controlled for export by another agency.
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Presidential executive orders under IEEPA have never directed the continuation in force of EAR after EAA has lapsed.
Presidential executive orders under IEEPA have never directed the continuation in force of EAR after EAA has lapsed.
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Releasing technology to a foreign national in the United States is not considered an export under the EAR.
Releasing technology to a foreign national in the United States is not considered an export under the EAR.
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The EAR apply only to actions that may be considered exports in other contexts.
The EAR apply only to actions that may be considered exports in other contexts.
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The term 'dual-use' is solely applicable to items with civil applications.
The term 'dual-use' is solely applicable to items with civil applications.
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Foreign products are not subject to the EAR if they contain controlled U.S.-origin content.
Foreign products are not subject to the EAR if they contain controlled U.S.-origin content.
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'U.S. person' activities are not restricted by the EAR.
'U.S. person' activities are not restricted by the EAR.
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All Export Control Classification Numbers (ECCN) on the CCL are covered by the Country Chart in part 738 of the EAR.
All Export Control Classification Numbers (ECCN) on the CCL are covered by the Country Chart in part 738 of the EAR.
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If a license is required for an export, you should consult part 742 of the EAR.
If a license is required for an export, you should consult part 742 of the EAR.
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Part 744 of the EAR only describes restrictions on items, not on the activities of U.S. persons.
Part 744 of the EAR only describes restrictions on items, not on the activities of U.S. persons.
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A license is required for virtually all exports to embargoed destinations like Cuba.
A license is required for virtually all exports to embargoed destinations like Cuba.
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Under §§736.2(b)(9) and (10) of the EAR, you may engage in a transaction knowing a violation is about to occur.
Under §§736.2(b)(9) and (10) of the EAR, you may engage in a transaction knowing a violation is about to occur.
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Parts 748 and 750 of the EAR provide information on license submission and processing.
Parts 748 and 750 of the EAR provide information on license submission and processing.
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Part 758 of the EAR deals with restrictive trade practices and boycotts.
Part 758 of the EAR deals with restrictive trade practices and boycotts.
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Part 762 of the EAR sets out recordkeeping requirements.
Part 762 of the EAR sets out recordkeeping requirements.
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Part 768 of the EAR provides rules for determining domestic availability of items subject to controls.
Part 768 of the EAR provides rules for determining domestic availability of items subject to controls.
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The EAR provide definitions and interpretations in part 770 and part 772.
The EAR provide definitions and interpretations in part 770 and part 772.
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The EAR are primarily intended to serve only the national security interests of the United States.
The EAR are primarily intended to serve only the national security interests of the United States.
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Multilateral export control cooperation is not sought through arrangements like the Missile Technology Control Regime.
Multilateral export control cooperation is not sought through arrangements like the Missile Technology Control Regime.
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A large percentage of exports and reexports subject to the EAR require an application to BIS for a license.
A large percentage of exports and reexports subject to the EAR require an application to BIS for a license.
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Part 736 of the EAR lists all the items that are subject to the Export Administration Regulations.
Part 736 of the EAR lists all the items that are subject to the Export Administration Regulations.
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License requirements for items on the Commerce Control List (CCL) vary depending on the country.
License requirements for items on the Commerce Control List (CCL) vary depending on the country.
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Part 732 of the EAR provides steps to determine if a transaction qualifies for a License Exception.
Part 732 of the EAR provides steps to determine if a transaction qualifies for a License Exception.
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Items listed on the Commerce Control List (CCL) are not subject to any prohibitions in the EAR.
Items listed on the Commerce Control List (CCL) are not subject to any prohibitions in the EAR.
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The Bureau of Industry and Security (BIS) may apply different policies based on whether a license is required according to the item's listing on the CCL and the Country Chart.
The Bureau of Industry and Security (BIS) may apply different policies based on whether a license is required according to the item's listing on the CCL and the Country Chart.
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All exports to embargoed destinations require a license as per part 746 of the EAR.
All exports to embargoed destinations require a license as per part 746 of the EAR.
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'Export' under EAR is limited to physical shipments of goods out of the United States.
'Export' under EAR is limited to physical shipments of goods out of the United States.
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The detailed presentation of licensing and export clearance procedures in the EAR helps you find all necessary information in one place.
The detailed presentation of licensing and export clearance procedures in the EAR helps you find all necessary information in one place.
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Part 758 of the EAR provides information on record-keeping and enforcement rules.
Part 758 of the EAR provides information on record-keeping and enforcement rules.
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Items produced outside of the United States are never subject to the EAR.
Items produced outside of the United States are never subject to the EAR.
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Export Administration is headed by the Deputy Assistant Secretary for Export Administration.
Export Administration is headed by the Deputy Assistant Secretary for Export Administration.
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The Under Secretary for Industry and Security is not assisted by a Deputy Under Secretary.
The Under Secretary for Industry and Security is not assisted by a Deputy Under Secretary.
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'Export' under EAR only refers to physical shipments of goods out of the United States.
'Export' under EAR only refers to physical shipments of goods out of the United States.
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Determining obligations under the EAR can be achieved by reviewing part 732 of the EAR.
Determining obligations under the EAR can be achieved by reviewing part 732 of the EAR.
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BIS may apply policies differently depending on whether a license is required based on the item's listing on the CCL and the Country Chart in Part 738 of the EAR.
BIS may apply policies differently depending on whether a license is required based on the item's listing on the CCL and the Country Chart in Part 738 of the EAR.
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Multilateral export control cooperation is sought through arrangements like the Nuclear Suppliers Group and the Australia Group.
Multilateral export control cooperation is sought through arrangements like the Nuclear Suppliers Group and the Australia Group.
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The EAR do not have any legal authorities underlying them apart from the Export Administration Act of 1979.
The EAR do not have any legal authorities underlying them apart from the Export Administration Act of 1979.
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Study Notes
Overview of Export Administration Regulations (EAR)
- Issued by the United States Department of Commerce.
- Governed under the Export Administration Act of 1979 (EAA) and the International Emergency Economic Powers Act (IEEPA).
Key Definitions and Scope
- 'Export' under EAR refers specifically to physical shipments of goods out of the United States.
- Items subject to EAR include purely civilian items and 'dual-use' items with both civil and terrorism-related applications.
- Items produced outside the U.S. are not subject to the EAR.
Regulatory Structure and Compliance
- Supplement No. 1 to part 730 details the EAR's information collection requirements.
- General Prohibitions Four through Ten apply to specific items on the Commerce Control List (CCL).
- Part 732 provides guidance on determining license obligations, while part 740 includes information on license exceptions.
- All exports to embargoed destinations, such as Cuba, require a license as per part 746.
Licensing and Export Controls
- A significant percentage of exports and reexports under EAR do not require a license.
- License exceptions do not necessitate an application to the Bureau of Industry and Security (BIS).
- License requirements can vary based on the item's classification on the CCL and the Country Chart in Part 738.
Compliance Challenges
- The EAR can be complex, leading to challenges in determining compliance obligations and avoiding loopholes.
- Export Enforcement has four sub-units focused on nonproliferation and treaty compliance.
- Denied license applications are not eligible for appeal, according to parts 748 and 750.
Records and Regulations
- Part 758 outlines record-keeping and enforcement rules, while part 762 details reporting requirements.
- Parts 770 and 772 provide definitions and interpretations of key terms within the EAR.
Enforcement and Administration
- Export Administration is managed by the Deputy Assistant Secretary for Export Administration without a Deputy Under Secretary.
- The Office of Export Services offers general guidance regarding EAR queries.
- Presidential executive orders have enabled the continuation of EAR enforcement when the EAA has lapsed.
International Cooperation
- Multilateral export control collaboration is not actively pursued through groups like the Nuclear Suppliers Group or the Australia Group.
- The EAR aim to protect U.S. national security interests by controlling the export of potentially sensitive items.
Summary of Exemptions and Restrictions
- Restrictions primarily apply to listed items on the CCL; non-listed items are not restricted under EAR.
- Foreign items only come under EAR if they have controlled U.S.-origin content.
- U.S. persons are not restricted in their activities under the EAR unless exporting controlled items.
Conclusion
- The EAR facilitates national security by regulating exports and ensuring compliance with dual-use and military item controls while balancing the need for clear guidance in a complex regulatory landscape.
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Description
This quiz covers the regulations outlined in § 730.1 regarding the Export Administration Regulations (EAR) issued by the United States Department of Commerce, Bureau of Industry and Security (BIS). It includes references to 15 CFR chapter VII and laws pertaining to the control of certain exports, reexports, and activities, as well as antiboycott law provisions.
