764.8 V1 T/F

The EAR refers to the Export Administration Regulations found in 15 CFR chapter VII, subchapter C.

This part only specifies conduct that constitutes a violation of the ECRA, but not the EAR.

Antiboycott violations are described in a different part of the EAR, separate from the violations and sanctions specified in part 764.

This part only describes administrative sanctions that may be imposed by BIS.

No person may engage in any action prohibited by or contrary to the ECRA, the EAR, or any order, license or authorization issued thereunder.

A person may aid, abet, or counsel the doing of any act prohibited by the ECRA or the EAR.

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.

The provisions of this section create rights, benefits, privileges, or protection enforceable by any person, business, or entity.

The initial notification for voluntary self-disclosure should be made orally only.

OEE should be contacted promptly in writing if a shipment leaves the United States without a required license.

The narrative account must be received by OEE within 90 days of the initial notification date.

Failure to meet the deadline for submitting the narrative account may result in an additional violation of the EAR.

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 initial notification should include a detailed explanation of the suspected violations.

An extension for submitting the narrative account can only be granted by OEE's Director.

The person making the initial notification must confirm an oral notification in writing as soon as possible.

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 Director of OEE has the authority to extend the 180-day deadline for submitting the narrative account.

The Director of OEE may require the disclosing person to undertake specified interim remedial compliance measures as a condition for granting an extension.

Requests for an extension must be made before the 180-day deadline has passed.

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.

Requests for an extension that are received after the 180-day deadline has passed will not be considered.

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 narrative account must be submitted within 180 days, regardless of whether an extension is granted.

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 undertaken interim compliance or other corrective measures as a condition for receiving an extension.

The payment of any civil penalty may be made a condition for a period exceeding two years after the imposition of such penalty.

The deferral or suspension of payment of a civil penalty bars the collection of the penalty if the conditions are not fulfilled.

An order denying export privileges can suspend or revoke any outstanding licenses issued under the EAR to a named person.

A non-standard denial order cannot be issued with a narrower scope than the standard terms.

The Office of Exporter Services can provide authorization to engage in actions prohibited by a denial order.

Any person acting as a representative for a license application before BIS cannot be excluded from such activities.

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.

Statutory sanctions related to weapons proliferation are considered civil or criminal penalties.

Any property seized pursuant to export laws and regulations administered or enforced by the Secretary is subject to forfeiture.

The text does not mention any potential actions by other agencies related to violations of export laws and regulations.

After OEE has acknowledged the disclosure, it will always take further investigation.

OEE can issue a warning letter as one of the actions it may take after a voluntary self-disclosure.

A person making a voluntary self-disclosure is absolved from liability for any violations disclosed.

A person making a voluntary self-disclosure is relieved of the obligation to obtain any required reexport authorizations.

License Exceptions are not subject to revision, suspension, or revocation.

All licenses are subject to revision, suspension, or revocation.

BIS can issue a temporary denial order to prevent the occurrence of an imminent violation.

BIS can issue a denial order based on a criminal conviction for an offense specified in §11(h) of the EAA.

A person is prohibited from engaging in activities involving items that may have been illegally exported or reexported to Libya.

The text mentions that OEE will always issue a charging letter if a settlement is not reached.

It is permissible to solicit or attempt a violation of ECRA, the EAR, or any related order, license, or authorization.

Conspiring or acting in concert with others to violate ECRA, the EAR, or related orders is prohibited.

It is legal to knowingly facilitate transactions involving items subject to the EAR if a violation has occurred or is intended.

Making false or misleading statements to the Bureau of Industry and Security (BIS) or other U.S. agencies is permitted.

Representations, statements, and certifications made by any person are considered to be continuing in effect.

It is legal to engage in transactions or take actions with the intent to evade the provisions of ECRA, the EAR, or related orders.

Failing to comply with reporting or recordkeeping requirements under ECRA, the EAR, or related orders is a violation.

Altering licenses, authorizations, or orders issued under ECRA or the EAR is permitted if specifically authorized by BIS.

It is legal to take actions prohibited by a denial order or temporary denial order issued by BIS.

Administrative sanctions, including civil monetary penalties, can be imposed for violations of ECRA, the EAR, or related orders.

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 Defense may suspend the right of any person to contract with the United States Government based on export control violations.

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.

Failure to report potential violations may result in the unwarranted issuance of licenses or exports without the required licenses.

The reporting provisions in §764.4(a) are considered 'reporting requirements' within the meaning of §764.2(i).

BIS strongly encourages voluntary self-disclosure if you believe that you may have violated the EAR.

The provisions of §764.5 apply to disclosures of violations relating to part 760 of the EAR.

Voluntary self-disclosure is the only factor considered by OEE in determining what administrative sanctions, if any, will be sought.

Voluntary self-disclosure prevents transactions from being referred to the Department of Justice for criminal prosecution.

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.

OEE recommends conducting a review covering a period of 10 years prior to the initial notification.

Voluntarily disclosed violations receive consideration under this section.

The narrative account should include the identities and addresses of all individuals and organizations involved.

The narrative account should be accompanied by copies of licensing documents, shipping documents, and other relevant communication documents.

Relevant documents not attached to the narrative account can be discarded after OEE requests them.

A certification stating that all representations are true and correct is not required.

OEE believes that oral presentations are generally necessary to augment the written narrative account.

Voluntary self-disclosures should be submitted to the Director, Office of Export Enforcement, at the provided address and contact information.

The narrative account should include the license numbers for any violations involving licensed items.

The failure to make voluntary disclosures will always be treated as a separate violation.