15 CFR 734 P1

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What is the primary purpose of this part of the Export Administration Regulations (EAR)?

To outline the specific export control policies for different types of items

To describe the process for obtaining export licenses and authorizations

To explain the penalties and enforcement mechanisms for violations of the EAR

To provide the rules for determining if items and activities are subject to the EAR (correct)

If an item or activity is not subject to the EAR, what is the implication?

The item or activity must comply with foreign export control laws

There are no obligations under the EAR for that item or activity (correct)

The item or activity is prohibited from being exported

The item or activity requires a special export license

Which of the following terms is not defined in this part of the EAR?

Import (correct)

Subject to the EAR

Items subject to the EAR

Export

Where can the definitions of terms used in the EAR be found?

In part 772 of the EAR, Definitions of Terms Signup and view all the answers

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 Signup and view all the answers

Which part of the EAR is not covered in this section?

Part 760: Restrictive Trade Practices or Boycotts Signup and view all the answers

Which U.S. government agency regulates the export of defense articles and defense services on the U.S. Munitions List?

Department of State Signup and view all the answers

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 Signup and view all the answers

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) Signup and view all the answers

Which U.S. government agency controls the export and reexport of technology related to the production of special nuclear materials?

Department of Energy Signup and view all the answers

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 Signup and view all the answers

Which U.S. government agency is responsible for controlling the permanent import of defense articles and services?

Department of Justice Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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) Signup and view all the answers

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 Signup and view all the answers

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) Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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) Signup and view all the answers

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 Signup and view all the answers

What does the acronym 'ITAR' stand for, as mentioned in the text?

International Traffic in Arms Regulations Signup and view all the answers

What should you do if you are unsure whether a commodity, software, technology, or activity is subject to the EAR?

All of the above Signup and view all the answers

What is considered 'published' and not subject to the EAR?

All of the above Signup and view all the answers

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 Signup and view all the answers

What remains subject to the EAR?

Software or technology for the production of firearms or firearm components Signup and view all the answers

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 Signup and view all the answers

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) Signup and view all the answers

What does a determination by BIS regarding whether an item or activity is subject to the EAR affect?

Only EAR requirements Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

What does the term 'subject to the EAR' mean?

Items and activities that are under the regulatory jurisdiction of the EAR Signup and view all the answers

Which of the following items is NOT subject to the EAR?

Publicly available technology and software not subject to the EAR Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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'. Signup and view all the answers

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. Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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. Signup and view all the answers

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 Signup and view all the answers

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. Signup and view all the answers

What is the purpose of the recordkeeping requirement mentioned in the text?

All of the above. Signup and view all the answers

Which of the following activities of U.S. or foreign persons are subject to the EAR, according to the text?

Both (a) and (b). Signup and view all the answers

What is the purpose of Supplement No. 2 to Part 734, as referenced in the text?

Both (a) and (b). Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

15 CFR 734 P1

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Questions and Answers

What is the primary purpose of this part of the Export Administration Regulations (EAR)?

If an item or activity is not subject to the EAR, what is the implication?

Which of the following terms is not defined in this part of the EAR?

Where can the definitions of terms used in the EAR be found?

What is the relationship between compliance with the EAR and obligations imposed under foreign laws?

Which part of the EAR is not covered in this section?

Which U.S. government agency regulates the export of defense articles and defense services on the U.S. Munitions List?

Which U.S. government agency is responsible for controlling the export and reexport of commodities related to nuclear reactor vessels?

Which U.S. government agency administers regulations that implement broad controls and embargo transactions with certain foreign countries?

Which U.S. government agency controls the export and reexport of technology related to the production of special nuclear materials?

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?

Which U.S. government agency is responsible for controlling the permanent import of defense articles and services?

Which of the following is NOT subject to the Export Administration Regulations (EAR)?

Which U.S. government agency administers regulations that control the export and reexport of technology related to the production of special nuclear materials?

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?

Which U.S. government agency is responsible for implementing broad controls and embargo transactions with certain foreign countries?

What conditions must a foreign-produced item meet to fall under the product scope of the 'Direct product of technology or software' paragraph?

For a foreign-produced item to be subject to the EAR, what must it meet according to the 9x515 FDP rule?

Under what conditions does a foreign-produced item meet the product scope as a 'Direct product' of 'technology' or 'software'?

What is necessary for a foreign-produced item to meet the country scope of the National Security FDP rule?

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?

What is required for a foreign-produced item to be subject to the EAR according to the 9x515 FDP rule?

Which agency has the sole responsibility for determining whether an item or activity is subject to the Export Administration Regulations (EAR)?

Which of the following is considered "published" and not subject to the EAR, according to the text?

What does the acronym 'ITAR' stand for, as mentioned in the text?

What should you do if you are unsure whether a commodity, software, technology, or activity is subject to the EAR?

What is considered 'published' and not subject to the EAR?

If you need help determining BIS licensing or other requirements under the EAR, what should you do according to the text?

What remains subject to the EAR?

What is considered 'technology' or 'software' that arises during, or results from, fundamental research and is intended to be published?

If you need to determine whether an item is subject to the ITAR, what should you do according to the text?

What does a determination by BIS regarding whether an item or activity is subject to the EAR affect?

Which of the following scenarios would not require compliance with the EAR de minimis provisions?

What is the significance of incorporating U.S.-origin encryption technology controlled by ECCN 5E002 in foreign-produced encryption technology?

Under what conditions is using U.S.-origin controlled semiconductors classified under ECCN 3A001 allowed for export to Cuba, Iran, North Korea, and Syria?

What is true about U.S.-origin technology controlled by ECCN 9E003.a.1 through a.8 when used abroad?

Which scenario would not necessitate compliance with de minimis provisions according to the text?

What is significant about using public encryption source code classified under ECCN 5D002 in non-U.S.-made products?

What makes certain non-U.S.-made items subject to EAR regulations despite their incorporation of U.S.-origin items?

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?

What does the term 'subject to the EAR' mean?

Which of the following items is NOT subject to the EAR?

What is the purpose of the part of the EAR that is discussed in the text?

Which of the following is true about items and activities that are subject to the EAR?

What is the purpose of the note in paragraph (a)(4) of 734.3?

What is the purpose of 734.6 of the EAR, as referenced in the text?

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?

What is the purpose of the de minimis levels described in 734.4(c) and 734.4(d) of the EAR?

What is the definition of a 'major component' of a plant located outside the United States according to the text?

What is the purpose of the 'prepublication review' mentioned in the context of fundamental research?

What is the purpose of the ECCN 0Y521 series classification mentioned in the text?

What is the key distinction made in the text regarding the treatment of encryption source code under the EAR?

What is the purpose of the note to paragraph (b)(3) in the text?

Which of the following statements is true regarding commodity classification determinations and advisory opinions issued by BIS?

What is the purpose of the de minimis exclusion referenced in the text?

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?

What is required before a person may rely on the de minimis exclusion for foreign-made technology commingled with controlled U.S.-origin technology?

What is the purpose of the recordkeeping requirement mentioned in the text?

Which of the following activities of U.S. or foreign persons are subject to the EAR, according to the text?

What is the purpose of Supplement No. 2 to Part 734, as referenced in the text?

What is the purpose of 734.6 of the EAR, as referenced in the text?

What is the purpose of the 25% de minimis rule referenced in paragraph (d)?

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