74 Questions
What type of requests are involved in the provisions of this part?
Classifications and advisory opinions
What term does 'application' refer to in this part?
Both electronic applications and the Form BIS–748P
How will BIS provide a formal classification, advisory opinion, or licensing decision?
Through the review of a properly completed application supported by all relevant facts and required documentation
What is the confidentiality policy regarding information obtained for considering license applications?
Information will not be made available to the public without approval from the Secretary of Commerce or Under Secretary for Industry and Security
What type of filing is required according to the text?
Electronic filing
What kind of documentation is needed for BIS to provide a formal decision?
All relevant facts and required documentation
What type of determination does BIS issue for items in a classification request?
Whether they are described by an ECCN in the Commerce Control List (CCL)
Which term is used to refer to items not described by an ECCN and classified as 'EAR99' items?
EAR-ineligible items
What is the purpose of Advisory Opinions as mentioned in the text?
To seek guidance on EAR interpretations
In the context of classification requests, what is the significance of Blocks 1 through 5, 14, 22, 24, and 25 on the application form?
They provide technical details about the item
What is needed in a classification request to enable BIS to classify an item?
Descriptive literature and technical specifications
What is a Commodity Classification Automated Tracking System (CCATS) number used for?
To track commodity classifications within BIS
What must be included in a classification request?
Description of ambiguities for items without recommended classifications
'Advisory Opinion' requests should be marked as such when __________.
'Advisory Opinion' is written on both the letter and envelope
Who may apply for a license to export items from the United States?
Only the U.S. principal party in interest
In a routed export transaction, who can apply for a license to export items from the United States?
Only the U.S. agent of the foreign principal party in interest
What is required for an agent applying for a license on behalf of a foreign principal party in interest?
Power of attorney or other written authorization from the foreign principal party
When is a power of attorney required for applying for a license?
For U.S. agents of foreign principal parties in interest, unless there is a preexisting relationship
In which case would a response provide classification under EAR99 or another ECCN entry?
'Specially designed' classification with no ECCN entry
What is needed prior to submitting an application for a routed export transaction?
Power of attorney or written authorization from the foreign principal party
What should be disclosed on a license application?
Names and addresses of all parties involved in the transaction
Who may apply for a license to reexport controlled items from one country to another?
The U.S. or foreign principal party in interest or their authorized agents
According to the given text, what is required for a part, component, accessory, attachment, or software to be confirmed as not 'specially designed'?
The performance capabilities must be the same as a non-specially designed item
What additional information must be provided in the classification request for an item to be considered as not 'specially designed'?
Both a detailed explanation and a rationale for treating changes as minor
Which departments are involved in reviewing the commodity classification requests for items to be considered as not 'specially designed'?
Department of Commerce, Department of State, and Department of Defense
What is the primary criterion used by the U.S. Government to evaluate whether a part, component, accessory, attachment, or software is 'specially designed'?
The insignificance of the changes in form and fit
What is the purpose of the interagency review process for determining if an item is not 'specially designed'?
All of the above
How will the BIS (Bureau of Industry and Security) response to the CCATS (Commodity Classification Automated Tracking System) request indicate if an item is confirmed as not 'specially designed'?
It will state that the item is within the scope of paragraph (b)(3) due to minor changes
What is the primary purpose of the criteria and procedures described in the given text?
To safeguard U.S. national security and foreign policy interests
What is NOT a factor considered by the U.S. Government in determining whether an item is 'specially designed'?
The manufacturing cost of the item
What is required for the U.S. Government to confirm that a part, component, accessory, attachment, or software is not 'specially designed'?
A consensus determination from the Departments of Commerce, State, and Defense
What is the purpose of the rationale that must be provided in the classification request for an item to be considered as not 'specially designed'?
To justify the changes in form and fit as minor or insignificant
What is the main method specified for submitting license applications, notifications, and requests to the Bureau of Industry and Security (BIS)?
Through the Simplified Network Application Processing system (SNAPR)
Under what circumstances would BIS authorize submission of paper forms instead of electronic filing?
If BIS has rejected the partys electronic filing registration
What is a valid reason for BIS to allow paper submissions?
Urgency or need to implement U.S. government policy
What must an applicant state if requesting authorization to file paper applications, notifications, or requests?
Which criteria from the provided list they meet
Where should completed paper applications, notifications, or requests be submitted to BIS?
Bureau of Industry and Security, U.S. Department of Commerce
When would BIS return a paper submission without action?
If a request to file using paper is rejected by BIS
What is the main purpose of requesting authorization to file paper applications or notifications?
To comply with specified criteria
Which department within the U.S. Department of Commerce handles receiving completed paper applications?
Bureau of Industry and Security
What is the purpose of the Application Control Number?
To track applications within the U.S. Government
Which party is responsible for determining and controlling the export or reexport of items?
The applicant
What is the purpose of listing another party to receive the license in Block 15 of the application?
To have the license sent directly to that party instead of the applicant
Which of the following parties acts as an intermediary between the principal parties in the transaction?
The intermediate consignee
Which of the following statements is true?
The purchaser and the ultimate consignee may be the same entity
How can an applicant request emergency processing of a license application?
By contacting the Outreach and Educational Services Division by telephone or fax
What is the validity period for emergency licenses issued by the Bureau of Industry and Security (BIS)?
The validity period is specified in §750.7(g) of the EAR
Which party ultimately uses the exported or reexported items?
The end-user
What information is required to be provided when requesting emergency processing of a license application?
The Application Control Number
Under what circumstances will the Bureau of Industry and Security (BIS) expedite the evaluation of a license application?
When, in BIS's sole judgment, the circumstances justify emergency processing
What is the recommendation regarding the items included on a license application?
Limit items on each license application to those that are similar and/or related
What is required if there is a material or substantive change in the terms of the order or the facts relating to the transaction after a license has been granted?
The change must be promptly reported to BIS, even if shipments are partially or wholly completed during the validity period of the license.
What is the reason provided in the text for why the number of BIS offices to which a license application may be referred for review may increase significantly?
If the items on the application differ dramatically, such as computers and shotguns.
What is the requirement for submitting documents with applications filed via SNAP-R?
Documents must be submitted as PDF files using the procedures described in SNAP-R.
What is the general policy regarding the granting of extended license validity periods?
An extended validity period will generally be granted if your transaction is related to a multi-year project.
What is the requirement for submitting documents with paper applications?
Documents must bear the application control number to which they relate and, if applicable, be stapled to the paper form.
When must an agent obtain a power of attorney or other written authorization from the principal party in interest?
Always before preparing or submitting an application for a license.
What must be marked in Block 7 and Block 24 of the application to indicate that the power of attorney is on file with the agent?
'Other' in Block 7 and '748.4(b)(2)' in Block 24.
What is the duration of the prohibition on applying for a license for a person subject to a denial order based on specified statutes?
10 years from the date of conviction.
What action will be taken if a license was obtained without disclosing all material facts?
License will be deemed void.
What must be done if a license application is submitted for items that have been detained or seized?
Disclose this fact to BIS when you submit your application.
Can you submit a license application for items that are already exported or reexported?
No, it is not allowed under any circumstances.
When can you submit a new license application if your current license is about to expire?
Before your current license expires to ensure uninterrupted shipping.
What happens if you try to submit a second license application for the same proposed transaction while the first one is pending action?
You may not submit a second application until the first one is resolved.
'Emergency processing' falls under which section of the process described in the text?
(h) Emergency processing.
What information must be included in a submission requesting guidance regarding interpretations of the EAR?
The name, title, and contact information of the person making the request, and the requestor's complete address.
What additional information must be included if the request is for BIS to determine whether a license is required or the licensing policy related to a particular transaction?
All available information on the parties to the transaction and the proposed end-use or end-user.
What is the purpose of an advisory opinion from BIS?
To interpret the provisions of the Export Administration Regulations.
What is required for a classification request associated with encryption items transferred from the U.S. Munitions List?
All of the above.
What is the purpose of a classification request to confirm that a 'part,' 'component,' 'accessory,' 'attachment,' or 'software' is not 'specially designed'?
To confirm that the item does not meet the criteria of the 'specially designed' definition in 772.1 of the EAR.
What is the role of the ENC Encryption Request Coordinator in the review of classification requests, notifications, and reports submitted to BIS?
The ENC Encryption Request Coordinator reviews all such submissions to determine eligibility for License Exception ENC.
What is the main difference between an advisory opinion and a commodity classification from BIS?
Advisory opinions are not limited to the interpretation of provisions contained in the Commerce Control List, while commodity classifications are.
Which of the following is NOT a requirement for a classification request to confirm that a 'part,' 'component,' 'accessory,' 'attachment,' or 'software' is not 'specially designed'?
The item is subject to the export control jurisdiction of another agency of the U.S. Government.
What is the purpose of a Validated End-User authorization mentioned in the text?
To authorize the export of items to a pre-approved end-user without a license.
Test your knowledge on the general provisions outlined in § 748.1 of the Export Administration Regulations (EAR), which cover classifications, advisory opinions, export license applications, reexport license applications, and license exception notices.
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