62 Questions
What is the primary purpose of this part of the Export Administration Regulations (EAR)?
To provide the rules for determining if items and activities are subject to the EAR
If an item or activity is not subject to the EAR, what is the implication?
There are no obligations under the EAR for that item or activity
Which of the following terms is not defined in this part of the EAR?
Import
Where can the definitions of terms used in the EAR be found?
In part 772 of the EAR, Definitions of Terms
What is the relationship between compliance with the EAR and obligations imposed under foreign laws?
Compliance with the EAR does not relieve obligations imposed under foreign laws
Which part of the EAR is not covered in this section?
Part 760: Restrictive Trade Practices or Boycotts
Which U.S. government agency regulates the export of defense articles and defense services on the U.S. Munitions List?
Department of State
Which U.S. government agency is responsible for controlling the export and reexport of commodities related to nuclear reactor vessels?
U.S. Nuclear Regulatory Commission
Which U.S. government agency administers regulations that implement broad controls and embargo transactions with certain foreign countries?
Treasury Department, Office of Foreign Assets Control (OFAC)
Which U.S. government agency controls the export and reexport of technology related to the production of special nuclear materials?
Department of Energy
Which U.S. government agency has the authority to approve exports and reexports of unclassified technology in the form of a patent application or related documents?
Patent and Trademark Office
Which U.S. government agency is responsible for controlling the permanent import of defense articles and services?
Department of Justice
Which of the following is NOT subject to the Export Administration Regulations (EAR)?
Items sold, leased, or loaned by the Department of Defense to a foreign country or international organization under the Foreign Military Sales (FMS) Program
Which U.S. government agency administers regulations that control the export and reexport of technology related to the production of special nuclear materials?
Department of Energy
Which U.S. government agency is responsible for approving exports and reexports of unclassified technology in the form of a patent application or related documents?
Patent and Trademark Office
Which U.S. government agency is responsible for implementing broad controls and embargo transactions with certain foreign countries?
Treasury Department, Office of Foreign Assets Control (OFAC)
What conditions must a foreign-produced item meet to fall under the product scope of the 'Direct product of technology or software' paragraph?
Being the direct product of U.S.-origin technology or software and being subject to national security controls
For a foreign-produced item to be subject to the EAR, what must it meet according to the 9x515 FDP rule?
Product scope in paragraph (c)(1) and country scope in paragraph (c)(2)
Under what conditions does a foreign-produced item meet the product scope as a 'Direct product' of 'technology' or 'software'?
Having a written assurance as a supporting document for a license or License Exception TSR use
What is necessary for a foreign-produced item to meet the country scope of the National Security FDP rule?
Destination listed in Country Group D:1, E:1, or E:2
When does a foreign-produced item fall under the product scope as a 'Direct product' of a complete plant or 'major component' of a plant?
'Technology' origin requiring written assurance for license or License Exception TSR use
What is required for a foreign-produced item to be subject to the EAR according to the 9x515 FDP rule?
'Technology' origin requiring a license assurance or License Exception TSR use
Which agency has the sole responsibility for determining whether an item or activity is subject to the Export Administration Regulations (EAR)?
The Bureau of Industry and Security (BIS)
Which of the following is considered "published" and not subject to the EAR, according to the text?
Unlimited distribution of information at a public conference or exhibition
What does the acronym 'ITAR' stand for, as mentioned in the text?
International Traffic in Arms Regulations
What should you do if you are unsure whether a commodity, software, technology, or activity is subject to the EAR?
All of the above
What is considered 'published' and not subject to the EAR?
All of the above
If you need help determining BIS licensing or other requirements under the EAR, what should you do according to the text?
Ask BIS for help by following the procedures described in §748.3 of the EAR
What remains subject to the EAR?
Software or technology for the production of firearms or firearm components
What is considered 'technology' or 'software' that arises during, or results from, fundamental research and is intended to be published?
Not subject to the EAR
If you need to determine whether an item is subject to the ITAR, what should you do according to the text?
Both (a) and (c)
What does a determination by BIS regarding whether an item or activity is subject to the EAR affect?
Only EAR requirements
Which of the following scenarios would not require compliance with the EAR de minimis provisions?
Exporting a foreign-made computer with an APP exceeding the limit stated for Computer Tier 3 destinations
What is the significance of incorporating U.S.-origin encryption technology controlled by ECCN 5E002 in foreign-produced encryption technology?
It subjects the product to EAR regardless of the U.S. origin content
Under what conditions is using U.S.-origin controlled semiconductors classified under ECCN 3A001 allowed for export to Cuba, Iran, North Korea, and Syria?
When the APP of the foreign-made computer exceeds the limit stated for those destinations
What is true about U.S.-origin technology controlled by ECCN 9E003.a.1 through a.8 when used abroad?
There is no de minimis level applicable
Which scenario would not necessitate compliance with de minimis provisions according to the text?
Exporting items that incorporate U.S.-origin items listed in ECCN 0A919.a.1 to a country listed in Country Group D:5
What is significant about using public encryption source code classified under ECCN 5D002 in non-U.S.-made products?
It exempts such source code from being counted as controlled U.S.-origin content in a de minimis calculation
What makes certain non-U.S.-made items subject to EAR regulations despite their incorporation of U.S.-origin items?
'Cryptanalytic items' or digital forensics items classified under ECCN 5A004 or 5D002
What action determines whether U.S.-origin encryption items are subject to EAR regulations when classified under ECCNs 5A992.c, 5D992.c, or 5E992.b?
Public availability of encryption source code
What does the term 'subject to the EAR' mean?
Items and activities that are under the regulatory jurisdiction of the EAR
Which of the following items is NOT subject to the EAR?
Publicly available technology and software not subject to the EAR
What is the purpose of the part of the EAR that is discussed in the text?
To describe the items and activities over which the Bureau of Industry and Security exercises regulatory jurisdiction
Which of the following is true about items and activities that are subject to the EAR?
They may also be controlled under export-related programs administered by other agencies
What is the purpose of the note in paragraph (a)(4) of 734.3?
To provide an example of a type of foreign-produced item that is subject to the EAR
What is the purpose of 734.6 of the EAR, as referenced in the text?
To provide guidance on determining whether an item or activity is subject to the EAR
What is the relationship between items and activities that are 'subject to the EAR' and those that require a license or other requirement under the EAR?
The fact that an item or activity is subject to the EAR does not necessarily mean a license or other requirement applies
What is the purpose of the de minimis levels described in 734.4(c) and 734.4(d) of the EAR?
To establish the maximum amount of controlled U.S.-origin content that can be present in a foreign-made item before it becomes subject to the EAR
What is the definition of a 'major component' of a plant located outside the United States according to the text?
'Equipment' that is essential to the 'production' of an item, including testing 'equipment'.
What is the purpose of the 'prepublication review' mentioned in the context of fundamental research?
To ensure that publication would not compromise patent rights or inadvertently divulge proprietary information.
What is the purpose of the ECCN 0Y521 series classification mentioned in the text?
To classify items subject to temporary CCL controls while a determination is made about their appropriate classification
What is the key distinction made in the text regarding the treatment of encryption source code under the EAR?
Encryption source code in electronic form or media remains subject to the EAR, while printed encryption source code is not subject to the EAR
What is the purpose of the note to paragraph (b)(3) in the text?
To explain that items subject to the EAR may be exported, reexported, or transferred in-country under licenses, agreements, or other approvals from the Department of State's Directorate of Defense Trade Controls
Which of the following statements is true regarding commodity classification determinations and advisory opinions issued by BIS?
They are used to determine the appropriate ECCN classification for an item
What is the purpose of the de minimis exclusion referenced in the text?
To exempt certain reexports of foreign-made commodities, software, and technology from the EAR if the amount of controlled U.S.-origin content is below a certain percentage.
What is the de minimis threshold for reexports of foreign-made commodities and software to countries other than those listed in Country Group E:1 or E:2?
25% of the total value
What is required before a person may rely on the de minimis exclusion for foreign-made technology commingled with controlled U.S.-origin technology?
The person must submit a one-time report, as referenced in Supplement No. 2 to Part 734.
What is the purpose of the recordkeeping requirement mentioned in the text?
All of the above.
Which of the following activities of U.S. or foreign persons are subject to the EAR, according to the text?
Both (a) and (b).
What is the purpose of Supplement No. 2 to Part 734, as referenced in the text?
Both (a) and (b).
What is the purpose of 734.6 of the EAR, as referenced in the text?
To assist persons in determining the licensing and other requirements under the EAR.
What is the purpose of the 25% de minimis rule referenced in paragraph (d)?
To exempt certain reexports of foreign-made commodities, software, and technology from the EAR if the amount of controlled U.S.-origin content is 25% or less of the total value.
Learn about the scope, key terms, and principles of the Export Administration Regulations (EAR). Understand how to determine if items and activities are subject to the EAR and your obligations under these regulations.
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