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The EAR refers to the Export Administration Regulations found in 15 CFR chapter VII, subchapter C.
The EAR refers to the Export Administration Regulations found in 15 CFR chapter VII, subchapter C.
True
This part only specifies conduct that constitutes a violation of the ECRA, but not the EAR.
This part only specifies conduct that constitutes a violation of the ECRA, but not the EAR.
False
Antiboycott violations are described in a different part of the EAR, separate from the violations and sanctions specified in part 764.
Antiboycott violations are described in a different part of the EAR, separate from the violations and sanctions specified in part 764.
False
This part only describes administrative sanctions that may be imposed by BIS.
This part only describes administrative sanctions that may be imposed by BIS.
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No person may engage in any action prohibited by or contrary to the ECRA, the EAR, or any order, license or authorization issued thereunder.
No person may engage in any action prohibited by or contrary to the ECRA, the EAR, or any order, license or authorization issued thereunder.
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A person may aid, abet, or counsel the doing of any act prohibited by the ECRA or the EAR.
A person may aid, abet, or counsel the doing of any act prohibited by the ECRA or the EAR.
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A firm will be considered to have made a disclosure under this section if the individual making the disclosure did so without the full knowledge and authorization of the firm's senior management.
A firm will be considered to have made a disclosure under this section if the individual making the disclosure did so without the full knowledge and authorization of the firm's senior management.
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The provisions of this section create rights, benefits, privileges, or protection enforceable by any person, business, or entity.
The provisions of this section create rights, benefits, privileges, or protection enforceable by any person, business, or entity.
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The initial notification for voluntary self-disclosure should be made orally only.
The initial notification for voluntary self-disclosure should be made orally only.
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OEE should be contacted promptly in writing if a shipment leaves the United States without a required license.
OEE should be contacted promptly in writing if a shipment leaves the United States without a required license.
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The narrative account must be received by OEE within 90 days of the initial notification date.
The narrative account must be received by OEE within 90 days of the initial notification date.
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Failure to meet the deadline for submitting the narrative account may result in an additional violation of the EAR.
Failure to meet the deadline for submitting the narrative account may result in an additional violation of the EAR.
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The voluntary disclosure, including violations disclosed in the narrative account that were not mentioned in the initial notification, will be deemed to have been made on the narrative account submission date.
The voluntary disclosure, including violations disclosed in the narrative account that were not mentioned in the initial notification, will be deemed to have been made on the narrative account submission date.
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The initial notification should include a detailed explanation of the suspected violations.
The initial notification should include a detailed explanation of the suspected violations.
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An extension for submitting the narrative account can only be granted by OEE's Director.
An extension for submitting the narrative account can only be granted by OEE's Director.
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The person making the initial notification must confirm an oral notification in writing as soon as possible.
The person making the initial notification must confirm an oral notification in writing as soon as possible.
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The narrative account must contain all of the pertinent information called for in paragraphs (c)(3), (c)(4), and (c)(5) of this section.
The narrative account must contain all of the pertinent information called for in paragraphs (c)(3), (c)(4), and (c)(5) of this section.
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The Director of OEE has the authority to extend the 180-day deadline for submitting the narrative account.
The Director of OEE has the authority to extend the 180-day deadline for submitting the narrative account.
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The Director of OEE may require the disclosing person to undertake specified interim remedial compliance measures as a condition for granting an extension.
The Director of OEE may require the disclosing person to undertake specified interim remedial compliance measures as a condition for granting an extension.
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Requests for an extension must be made before the 180-day deadline has passed.
Requests for an extension must be made before the 180-day deadline has passed.
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The Director of OEE is required to grant an extension if the disclosing person shows that more than 180 days is reasonably needed to complete the narrative account.
The Director of OEE is required to grant an extension if the disclosing person shows that more than 180 days is reasonably needed to complete the narrative account.
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Requests for an extension that are received after the 180-day deadline has passed will not be considered.
Requests for an extension that are received after the 180-day deadline has passed will not be considered.
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The Director of OEE may require the disclosing person to toll the statute of limitations with respect to violations disclosed in the initial notification or discovered during the review as a condition for granting an extension.
The Director of OEE may require the disclosing person to toll the statute of limitations with respect to violations disclosed in the initial notification or discovered during the review as a condition for granting an extension.
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The narrative account must be submitted within 180 days, regardless of whether an extension is granted.
The narrative account must be submitted within 180 days, regardless of whether an extension is granted.
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The disclosing person must have begun its review promptly after discovery of the violations in order to be eligible for an extension.
The disclosing person must have begun its review promptly after discovery of the violations in order to be eligible for an extension.
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The disclosing person must have undertaken interim compliance or other corrective measures as a condition for receiving an extension.
The disclosing person must have undertaken interim compliance or other corrective measures as a condition for receiving an extension.
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The payment of any civil penalty may be made a condition for a period exceeding two years after the imposition of such penalty.
The payment of any civil penalty may be made a condition for a period exceeding two years after the imposition of such penalty.
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The deferral or suspension of payment of a civil penalty bars the collection of the penalty if the conditions are not fulfilled.
The deferral or suspension of payment of a civil penalty bars the collection of the penalty if the conditions are not fulfilled.
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An order denying export privileges can suspend or revoke any outstanding licenses issued under the EAR to a named person.
An order denying export privileges can suspend or revoke any outstanding licenses issued under the EAR to a named person.
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A non-standard denial order cannot be issued with a narrower scope than the standard terms.
A non-standard denial order cannot be issued with a narrower scope than the standard terms.
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The Office of Exporter Services can provide authorization to engage in actions prohibited by a denial order.
The Office of Exporter Services can provide authorization to engage in actions prohibited by a denial order.
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Any person acting as a representative for a license application before BIS cannot be excluded from such activities.
Any person acting as a representative for a license application before BIS cannot be excluded from such activities.
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The maximum fine for willfully committing, attempting, or conspiring to commit an unlawful act described in 50 U.S.C. $4819(a)$ is $1,000,000.
The maximum fine for willfully committing, attempting, or conspiring to commit an unlawful act described in 50 U.S.C. $4819(a)$ is $1,000,000.
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Statutory sanctions related to weapons proliferation are considered civil or criminal penalties.
Statutory sanctions related to weapons proliferation are considered civil or criminal penalties.
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Any property seized pursuant to export laws and regulations administered or enforced by the Secretary is subject to forfeiture.
Any property seized pursuant to export laws and regulations administered or enforced by the Secretary is subject to forfeiture.
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The text does not mention any potential actions by other agencies related to violations of export laws and regulations.
The text does not mention any potential actions by other agencies related to violations of export laws and regulations.
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After OEE has acknowledged the disclosure, it will always take further investigation.
After OEE has acknowledged the disclosure, it will always take further investigation.
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OEE can issue a warning letter as one of the actions it may take after a voluntary self-disclosure.
OEE can issue a warning letter as one of the actions it may take after a voluntary self-disclosure.
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A person making a voluntary self-disclosure is absolved from liability for any violations disclosed.
A person making a voluntary self-disclosure is absolved from liability for any violations disclosed.
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A person making a voluntary self-disclosure is relieved of the obligation to obtain any required reexport authorizations.
A person making a voluntary self-disclosure is relieved of the obligation to obtain any required reexport authorizations.
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License Exceptions are not subject to revision, suspension, or revocation.
License Exceptions are not subject to revision, suspension, or revocation.
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All licenses are subject to revision, suspension, or revocation.
All licenses are subject to revision, suspension, or revocation.
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BIS can issue a temporary denial order to prevent the occurrence of an imminent violation.
BIS can issue a temporary denial order to prevent the occurrence of an imminent violation.
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BIS can issue a denial order based on a criminal conviction for an offense specified in §11(h) of the EAA.
BIS can issue a denial order based on a criminal conviction for an offense specified in §11(h) of the EAA.
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A person is prohibited from engaging in activities involving items that may have been illegally exported or reexported to Libya.
A person is prohibited from engaging in activities involving items that may have been illegally exported or reexported to Libya.
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The text mentions that OEE will always issue a charging letter if a settlement is not reached.
The text mentions that OEE will always issue a charging letter if a settlement is not reached.
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It is permissible to solicit or attempt a violation of ECRA, the EAR, or any related order, license, or authorization.
It is permissible to solicit or attempt a violation of ECRA, the EAR, or any related order, license, or authorization.
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Conspiring or acting in concert with others to violate ECRA, the EAR, or related orders is prohibited.
Conspiring or acting in concert with others to violate ECRA, the EAR, or related orders is prohibited.
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It is legal to knowingly facilitate transactions involving items subject to the EAR if a violation has occurred or is intended.
It is legal to knowingly facilitate transactions involving items subject to the EAR if a violation has occurred or is intended.
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Making false or misleading statements to the Bureau of Industry and Security (BIS) or other U.S. agencies is permitted.
Making false or misleading statements to the Bureau of Industry and Security (BIS) or other U.S. agencies is permitted.
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Representations, statements, and certifications made by any person are considered to be continuing in effect.
Representations, statements, and certifications made by any person are considered to be continuing in effect.
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It is legal to engage in transactions or take actions with the intent to evade the provisions of ECRA, the EAR, or related orders.
It is legal to engage in transactions or take actions with the intent to evade the provisions of ECRA, the EAR, or related orders.
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Failing to comply with reporting or recordkeeping requirements under ECRA, the EAR, or related orders is a violation.
Failing to comply with reporting or recordkeeping requirements under ECRA, the EAR, or related orders is a violation.
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Altering licenses, authorizations, or orders issued under ECRA or the EAR is permitted if specifically authorized by BIS.
Altering licenses, authorizations, or orders issued under ECRA or the EAR is permitted if specifically authorized by BIS.
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It is legal to take actions prohibited by a denial order or temporary denial order issued by BIS.
It is legal to take actions prohibited by a denial order or temporary denial order issued by BIS.
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Administrative sanctions, including civil monetary penalties, can be imposed for violations of ECRA, the EAR, or related orders.
Administrative sanctions, including civil monetary penalties, can be imposed for violations of ECRA, the EAR, or related orders.
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The Department of State may issue licenses or approvals for the export of defense articles to persons convicted of criminal offenses specified at 22 U.S.C. 2778(g)(1)(A).
The Department of State may issue licenses or approvals for the export of defense articles to persons convicted of criminal offenses specified at 22 U.S.C. 2778(g)(1)(A).
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The Department of Defense may suspend the right of any person to contract with the United States Government based on export control violations.
The Department of Defense may suspend the right of any person to contract with the United States Government based on export control violations.
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If a person learns that an export control violation of the EAR has occurred or may occur, they must report it to the Office of Export Enforcement.
If a person learns that an export control violation of the EAR has occurred or may occur, they must report it to the Office of Export Enforcement.
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Failure to report potential violations may result in the unwarranted issuance of licenses or exports without the required licenses.
Failure to report potential violations may result in the unwarranted issuance of licenses or exports without the required licenses.
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The reporting provisions in §764.4(a) are considered 'reporting requirements' within the meaning of §764.2(i).
The reporting provisions in §764.4(a) are considered 'reporting requirements' within the meaning of §764.2(i).
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BIS strongly encourages voluntary self-disclosure if you believe that you may have violated the EAR.
BIS strongly encourages voluntary self-disclosure if you believe that you may have violated the EAR.
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The provisions of §764.5 apply to disclosures of violations relating to part 760 of the EAR.
The provisions of §764.5 apply to disclosures of violations relating to part 760 of the EAR.
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Voluntary self-disclosure is the only factor considered by OEE in determining what administrative sanctions, if any, will be sought.
Voluntary self-disclosure is the only factor considered by OEE in determining what administrative sanctions, if any, will be sought.
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Voluntary self-disclosure prevents transactions from being referred to the Department of Justice for criminal prosecution.
Voluntary self-disclosure prevents transactions from being referred to the Department of Justice for criminal prosecution.
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If a transaction is referred to the Department of Justice for criminal prosecution, OEE would notify the Department of Justice of any voluntary self-disclosure.
If a transaction is referred to the Department of Justice for criminal prosecution, OEE would notify the Department of Justice of any voluntary self-disclosure.
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OEE recommends conducting a review covering a period of 10 years prior to the initial notification.
OEE recommends conducting a review covering a period of 10 years prior to the initial notification.
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Voluntarily disclosed violations receive consideration under this section.
Voluntarily disclosed violations receive consideration under this section.
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The narrative account should include the identities and addresses of all individuals and organizations involved.
The narrative account should include the identities and addresses of all individuals and organizations involved.
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The narrative account should be accompanied by copies of licensing documents, shipping documents, and other relevant communication documents.
The narrative account should be accompanied by copies of licensing documents, shipping documents, and other relevant communication documents.
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Relevant documents not attached to the narrative account can be discarded after OEE requests them.
Relevant documents not attached to the narrative account can be discarded after OEE requests them.
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A certification stating that all representations are true and correct is not required.
A certification stating that all representations are true and correct is not required.
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OEE believes that oral presentations are generally necessary to augment the written narrative account.
OEE believes that oral presentations are generally necessary to augment the written narrative account.
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Voluntary self-disclosures should be submitted to the Director, Office of Export Enforcement, at the provided address and contact information.
Voluntary self-disclosures should be submitted to the Director, Office of Export Enforcement, at the provided address and contact information.
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The narrative account should include the license numbers for any violations involving licensed items.
The narrative account should include the license numbers for any violations involving licensed items.
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The failure to make voluntary disclosures will always be treated as a separate violation.
The failure to make voluntary disclosures will always be treated as a separate violation.
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Study Notes
Voluntary Self-Disclosure
- After an initial notification, a thorough review of all export-related transactions should be conducted, covering a period of five years prior to the date of the initial notification.
- The review should identify suspected violations, and a narrative account should be furnished to OEE, describing the violations, including:
- Kind of violation involved
- When and how the violations occurred
- Complete identities and addresses of all individuals and organizations involved
- License numbers
- Description, quantity, value, and ECCN or classification of the items involved
- Any mitigating circumstances
- The narrative account should be accompanied by supporting documentation, including licensing documents, shipping documents, and other relevant documents.
Certification
- A certification must be submitted stating that all representations made in connection with the voluntary self-disclosure are true and correct to the best of the person's knowledge and belief.
- Certifications made by a corporation or other organization should be signed by an official with the authority to do so.
Action by the Office of Export Enforcement
- After a voluntary self-disclosure, OEE may:
- Impose a civil penalty
- Deny or restrict export privileges
- Exclude a person from practice before BIS
- The payment of a civil penalty may be made a condition to the granting, restoration, or continuing validity of any export license, license exception, permission, or privilege.
Denial of Export Privileges
- An order may be issued that restricts the ability of named persons to engage in exports, reexports, and transfers involving items subject to the EAR.
- The order may:
- Suspend or revoke any outstanding licenses issued to the person
- Deny or restrict exports, reexports, and transfers by or to the person
- Restrict dealings in which the person may benefit from any export, reexport, or transfer
Exclusion from Practice
- Any person acting as an attorney, accountant, consultant, freight forwarder, or in any other representative capacity may be excluded from any or all activities before BIS.
Criminal Penalties
- Whoever willfully commits, attempts to commit, or conspires to commit, or aids and abets in the commission of an unlawful act may be fined and/or imprisoned.
Other Sanctions and Measures
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Conduct that violates ECRA, the EAR, or any order, license, or authorization issued thereunder may be subject to sanctions or other measures, including:
- Statutory sanctions
- Seizure and forfeiture
- Actions by other agencies
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These sanctions and measures may restrict imports and procurement, restrict export licenses, or restrict access to items subject to the EAR.### Deadline Extensions for Voluntary Self-Disclosure
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A complete narrative account must contain all pertinent information called for in paragraphs (c)(3), (c)(4), and (c)(5) of this section to meet the 180-day deadline.
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The Director of OEE may extend the deadline if US Government interests would be served by an extension or if the person making the initial notification has shown that more than 180 days is reasonably needed.
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The Director of OEE may place conditions on the approval of an extension, such as requiring the disclosing person to agree to toll the statute of limitations with respect to disclosed violations.
Request for Deadline Extension
- Requests to extend the 180-day deadline should show that the person making the request:
- Began the review promptly after discovery of violations
- Conducted the review and preparation of the narrative account as expeditiously as possible
- Reasonably needs the requested extension despite prompt review and preparation
- Has considered whether interim compliance or corrective measures are needed
- Requests should also include a proposed timeline for completion and submission of the narrative account, a contact person, and their current business street address, email address, and telephone number.
Narrative Account
- A narrative account must contain all pertinent information called for in paragraphs (c)(3), (c)(4), and (c)(5) of this section.
Prohibited Actions
- No person may solicit or attempt a violation of ECRA, the EAR, or any order, license, or authorization issued thereunder.
- No person may conspire or act in concert with others to bring about a violation of ECRA, the EAR, or any order, license, or authorization issued thereunder.
- No person may order, buy, remove, conceal, store, use, sell, loan, dispose of, transfer, transport, finance, or otherwise service an item that has been or is about to be exported, reexported, or transferred with knowledge of a violation.
Misrepresentation and Concealment of Facts
- No person may make a false or misleading representation, statement, or certification, or falsify or conceal any material fact, directly or indirectly, in connection with the EAR.
- All representations, statements, and certifications are deemed to be continuing in effect, and any person who has made a representation, statement, or certification must notify BIS of any change in material fact or intention.
Evasion and Failure to Comply
- No person may engage in any transaction or take any action with intent to evade the provisions of ECRA, the EAR, or any order, license, or authorization issued thereunder.
- No person may fail or refuse to comply with any reporting or recordkeeping requirement of ECRA, the EAR, or any order, license, or authorization issued thereunder.
Sanctions
- Violations of ECRA, the EAR, or any order, license, or authorization issued thereunder are subject to administrative sanctions, including civil monetary penalties.
- The maximum monetary civil penalty for each violation is that provided by ECRA or other applicable authority.
Reporting of Violations
- If a person learns that an export control violation of the EAR has occurred or may occur, they may notify the Office of Export Enforcement or the Office of Antiboycott Compliance.
- Failure to report potential violations may result in the unwarranted issuance of licenses or exports without the required licenses.
Voluntary Self-Disclosure
- BIS strongly encourages disclosure to OEE if a person believes they may have violated the EAR, or any order, license, or authorization issued thereunder.
- Voluntary self-disclosure is a mitigating factor in determining administrative sanctions, but it does not prevent transactions from being referred to the Department of Justice for criminal prosecution.
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Description
This quiz covers the violations of the Export Administration Regulations (EAR) and the sanctions that may be imposed for such violations. It also includes information on antiboycott violations, administrative sanctions by the Bureau of Industry and Security (BIS), and the conduct relating to part 760 and 764 of the EAR.
