15 CFR 134 P2
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Questions and Answers

What does the term 'Foreign-Direct Product (FDP)' refer to?

  • Foreign-produced items located inside the United States
  • Foreign-produced items located outside the United States that are a direct product of specified technology or software (correct)
  • Foreign-produced items located both inside and outside the United States
  • Foreign-produced items located outside the United States that are not related to specified technology or software

    • If a foreign-produced item is subject to the EAR, what should be done?

  • Determine the license requirements that apply to that foreign-produced item (correct)
  • Automatically grant a license for the item
  • Ignore the EAR requirements for that item
  • Prohibit the export of that item

    • What does the term 'major component' refer to in the context of the FDP rules?

  • The largest component of a plant located outside the United States
  • Any equipment used in a plant located outside the United States
  • Equipment that is essential to the production of an item, including testing equipment (correct)
  • Any component of a plant located outside the United States

    • Under what conditions is a foreign-produced item subject to the EAR according to the National Security FDP rule?

    <p>If it meets the product scope and the country scope</p> Signup and view all the answers

    What is the purpose of the FDP rules?

    <p>To monitor the transfer of specified technology or software to foreign countries</p> Signup and view all the answers

    If a foreign-produced item is subject to the EAR, is a license always required for transactions involving that item?

    <p>No, not all transactions require a license, and some may be eligible for a license exception</p> Signup and view all the answers

    What does the term 'reexport' mean, according to the given text?

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

    What is required for the 'release' of technology or software subject to the EAR?

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

    What does the term 'Transfer (in-country)' refer to, according to the text?

    <p>A change in end use or end user of an item within the same foreign country.</p> Signup and view all the answers

    Which of the following is NOT included in the definition of 'reexport' provided in the text?

    <p>The transfer of registration, control, or ownership of a spacecraft subject to the EAR to a person in or a national of a Country Group D:5 country.</p> Signup and view all the answers

    What is required for a 'deemed reexport' to occur?

    <p>The release or transfer of technology or source code subject to the EAR to a foreign person of a country other than the foreign country where the release or transfer takes place.</p> Signup and view all the answers

    What is the key difference between a 'reexport' and a 'Transfer (in-country)', according to the text?

    <p>A reexport involves the transfer of an item between foreign countries, while a Transfer (in-country) involves a change in end use or end user within the same foreign country.</p> Signup and view all the answers

    What is required for a foreign-produced item to meet the product scope of the National Security FDP rule under paragraph (b)(1)(i)?

    <p>Both (a) and (b) are required.</p> Signup and view all the answers

    What is required for a foreign-produced item to meet the product scope of the National Security FDP rule under paragraph (b)(1)(ii)?

    <p>Both (a) and (b) are required.</p> Signup and view all the answers

    Which country groups are included in the country scope of the National Security FDP rule?

    <p>D:1, E:1, and E:2</p> Signup and view all the answers

    What is required for a foreign-produced item to meet the product scope of the 9x515 FDP rule under paragraph (c)(1)(i)?

    <p>Both (a) and (b) are required.</p> Signup and view all the answers

    What is required for a foreign-produced item to meet the product scope of the 9x515 FDP rule under paragraph (c)(1)(ii)?

    <p>Both (a) and (b) are required.</p> Signup and view all the answers

    Which country groups are included in the country scope of the 9x515 FDP rule?

    <p>D:5, E:1, and E:2</p> Signup and view all the answers

    What is included in the 600 series FDP rule according to Note 1?

    <p>ECCN 0A919 because it includes the direct product of 600 series technology or software.</p> Signup and view all the answers

    What is required for a foreign-produced item to meet the product scope of the 600 series FDP rule under paragraph (d)(1)(i)?

    <p>Both (a) and (b) are required.</p> Signup and view all the answers

    What is required for a foreign-produced item to meet the product scope of the 600 series FDP rule under paragraph (d)(1)(ii)?

    <p>Both (a) and (b) are required.</p> Signup and view all the answers

    Which country groups are included in the country scope of the 600 series FDP rule?

    <p>The country scope for the 600 series FDP rule is not specified.</p> Signup and view all the answers

    What is a condition for a foreign-produced item to meet the product scope of the Russia/Belarus FDP rule?

    <p>The item is a direct product of U.S.-origin technology or software specified in any ECCN in product groups D or E of the CCL.</p> Signup and view all the answers

    What is another condition for a foreign-produced item to meet the product scope of the Russia/Belarus FDP rule?

    <p>The item is produced by a plant or major component of a plant that is itself a direct product of U.S.-origin technology or software specified in certain ECCNs.</p> Signup and view all the answers

    What is a condition for a foreign-produced item to meet the destination scope of the Russia/Belarus FDP rule?

    <p>There is knowledge that the item is destined to Russia or Belarus, or will be used in the production or development of non-EAR99 items in Russia or Belarus.</p> Signup and view all the answers

    What is a condition for a foreign-produced item to meet the product scope of the Russia/Belarus-Military End User FDP rule?

    <p>The item is a direct product of technology or software specified in any ECCN in product groups D or E of the CCL.</p> Signup and view all the answers

    What is another condition for a foreign-produced item to meet the product scope of the Russia/Belarus-Military End User FDP rule?

    <p>The item is produced by a plant or major component of a plant that is itself a direct product of U.S.-origin technology or software specified in certain ECCNs.</p> Signup and view all the answers

    What is a condition for a foreign-produced item to meet the end-user scope of the Russia/Belarus-Military End User FDP rule?

    <p>There is knowledge that the item will be used in activities involving entities designated in a specific footnote.</p> Signup and view all the answers

    Which of the following is NOT a condition for a foreign-produced item to be subject to the EAR under the Russia/Belarus FDP rule?

    <p>The item is produced using foreign technology or software not subject to the EAR.</p> Signup and view all the answers

    Which of the following is NOT a condition for a foreign-produced item to be subject to the EAR under the Russia/Belarus-Military End User FDP rule?

    <p>The item is designated as EAR99.</p> Signup and view all the answers

    What does the abbreviation 'ECCN' stand for in the context of the regulations described?

    <p>Export Control Classification Number</p> Signup and view all the answers

    What step may exporters, reexporters, and transferors take to resolve potential red flags regarding whether an item is subject to the EAR?

    <p>Request a model certificate from a supplier.</p> Signup and view all the answers

    What is the purpose of the model certificate provided by BIS according to the text?

    <p>To help understand if an item falls under EAR regulations.</p> Signup and view all the answers

    In the context of the text, what is necessary if an exporter has not obtained a certification from a supplier?

    <p>Conducting due diligence to determine EAR applicability.</p> Signup and view all the answers

    According to paragraph (i) 'Supercomputer' FDP rule, when is a foreign-produced item subject to the EAR?

    <p>If it meets both product and country and end-use scope.</p> Signup and view all the answers

    What does the product scope under paragraph (i)(1) of the 'Supercomputer' FDP rule refer to?

    <p>'Direct product' of certain technologies or software.</p> Signup and view all the answers

    Under paragraph (i)(1)(i) of the 'Supercomputer' FDP rule, when does a foreign-produced item meet the product scope?

    <p>If it is a direct product of specified technologies or software on ECCN list.</p> Signup and view all the answers

    What is required for a foreign-produced item to meet the product scope under paragraph (i)(1)(ii) of the 'Supercomputer' FDP rule?

    <p>'Direct product' status from any plant outside the U.S.</p> Signup and view all the answers

    What does the country and end-use scope under paragraph (i)(2) of the 'Supercomputer' FDP rule refer to?

    <p>'Country and end-use criteria.'</p> Signup and view all the answers

    'Knowledge' of what usage results in a foreign-produced item meeting the country and end-use scope under paragraph (i)(2) of the 'Supercomputer' FDP rule?

    <p>'Design', 'development', or 'production' related to 'supercomputers' in or destined to the PRC.</p> Signup and view all the answers

    'Supercomputers' meeting which criteria under paragraph (i)(2) of the rule necessitate items being subject to EAR regulations?

    <p>'Supercomputers' located in or destined to the PRC incorporating certain components or equipment.</p> Signup and view all the answers

    Which of the following entities are considered 'military end users' for the purposes of paragraph (g)?

    <p>Any entity listed on the Entity List with a footnote 3 designation</p> Signup and view all the answers

    Which of the following conditions must be met for a foreign-produced item to be subject to the EAR under the advanced computing FDP rule?

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

    What is the product scope condition for the advanced computing FDP rule?

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

    What is the destination scope condition for the advanced computing FDP rule?

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

    Which of the following ECCNs is NOT listed as potentially involving U.S.-origin technology or software that could make a foreign-produced item subject to the EAR under the advanced computing FDP rule?

    <p>6A003</p> Signup and view all the answers

    Which of the following items would NOT be subject to the EAR under the advanced computing FDP rule if it meets the product scope and destination scope conditions?

    <p>A software program designated as EAR99</p> Signup and view all the answers

    Which of the following statements is TRUE regarding entities with a footnote 3 designation on the Entity List?

    <p>They can be involved in any transactions involving foreign-produced items subject to the EAR, as purchasers, intermediate consignees, ultimate consignees, or end-users</p> Signup and view all the answers

    Which of the following statements is TRUE regarding the certification requirement for foreign-produced items subject to the EAR?

    <p>There is no certification requirement mentioned in the text</p> Signup and view all the answers

    Which of the following statements is TRUE regarding the license requirements and review policy for foreign-produced items subject to the EAR under the advanced computing FDP rule?

    <p>The text refers to specific sections of the EAR for license requirements, license exceptions, and license review policy</p> Signup and view all the answers

    Which of the following statements is TRUE regarding the definition of 'direct product' in the context of the advanced computing FDP rule?

    <p>The text does not define the term 'direct product'</p> Signup and view all the answers

    What condition must be met for a foreign-produced item to be the 'direct product' of U.S.-origin 'technology' or 'software'?

    <p>The foreign-produced item is specified in a '600 series' ECCN or ECCN 0A919</p> Signup and view all the answers

    What condition must be met for a foreign-produced item to be the 'direct product' of a complete plant or 'major component' of a plant?

    <p>The foreign-produced item is the 'direct product' of a complete plant or 'major component' of a plant that is itself the 'direct product' of U.S.-origin 'technology' specified in a '600 series' ECCN</p> Signup and view all the answers

    Which country groups are included in the country scope of the '600 series' FDP rule?

    <p>Country Groups D:1, D:3, D:4, D:5, E:1, and E:2</p> Signup and view all the answers

    What condition must be met for a foreign-produced item to be subject to the EAR under the Entity List FDP rule: Footnote 1?

    <p>The foreign-produced item meets the product scope and the end-user scope specified in the rule</p> Signup and view all the answers

    What is the product scope condition for the Entity List FDP rule: Footnote 1?

    <p>The foreign-produced item is a 'direct product' of 'technology' or 'software' subject to the EAR and specified in certain ECCNs</p> Signup and view all the answers

    What is included in the definition of a 'foreign-produced item' under the Entity List FDP rule: Footnote 1?

    <p>Any foreign-produced wafer, whether finished or unfinished</p> Signup and view all the answers

    What is the end-user scope condition for the Entity List FDP rule: Footnote 1?

    <p>There is 'knowledge' that activities involving entities designated in Footnote 1 are taking place</p> Signup and view all the answers

    What is the significance of the term 'knowledge' in the context of the Entity List FDP rule: Footnote 1?

    <p>It refers to actual knowledge or reason to know of circumstances relevant to the end-user scope condition</p> Signup and view all the answers

    Which of the following is NOT one of the conditions for a foreign-produced item to be subject to the EAR under the Entity List FDP rule?

    <p>The item will be used in the production or development of equipment by a footnote 4 designated entity.</p> Signup and view all the answers

    What is the significance of a 'footnote 4' designation in the Entity List?

    <p>It identifies entities that are subject to additional licensing requirements for foreign-produced items.</p> Signup and view all the answers

    Under the Russia/Belarus FDP rule, what is required for a foreign-produced item to be subject to the EAR?

    <p>The item must meet both the product scope and the destination scope specified in the rule.</p> Signup and view all the answers

    What is the significance of the term 'direct product' in the context of the Entity List FDP rule?

    <p>It indicates a foreign-produced item that is derived from U.S. technology or software specified in certain ECCNs.</p> Signup and view all the answers

    Under the Entity List FDP rule, what is required for a foreign-produced item to meet the end-user scope?

    <p>There must be knowledge that the item will be used in the production or development of equipment by a footnote 4 designated entity.</p> Signup and view all the answers

    Which of the following is NOT a condition under which technology is not subject to the EAR?

    <p>When the technology is contained in a patent application that is authorized for filing in a foreign country</p> Signup and view all the answers

    Under the Export Control Reform Act of 2018, which of the following activities can the Bureau of Industry and Security (BIS) undertake outside the United States?

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

    What is the effect of complying with the license or other requirements of the EAR on a person's responsibility to comply with applicable foreign laws and regulations?

    <p>The person is not relieved of the responsibility of complying with applicable foreign laws and regulations</p> Signup and view all the answers

    What is the definition of a 'deemed export' under the EAR?

    <p>Releasing or otherwise transferring 'technology' or source code (but not object code) to a foreign person in the United States</p> Signup and view all the answers

    Which of the following is not a condition under which the export of an item is deemed to be an export to a particular destination?

    <p>The item is being sent to a foreign inventor to be executed and returned to the United States for subsequent filing in the U.S. Patent and Trademark Office</p> Signup and view all the answers

    What is the effect of complying with the license or other requirements of a foreign law or regulation on a person's responsibility to comply with U.S. laws and regulations, including the EAR?

    <p>The person is not relieved of the responsibility of complying with U.S. laws and regulations, including the EAR</p> Signup and view all the answers

    Under the EAR, what is the effect of the export of an item that will transit through a country or countries to a destination identified in the EAR?

    <p>It is considered an export to the final destination identified in the EAR</p> Signup and view all the answers

    Which of the following is NOT a condition under which 'technology' is not subject to the EAR?

    <p>When the 'technology' is contained in a published patent or patent application prepared wholly from foreign-origin 'technology' where the application is being sent to the foreign inventor to be executed and returned to the United States for subsequent filing in the U.S. Patent and Trademark Office</p> Signup and view all the answers

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