22 cfr 123
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What is required before exporting or temporarily importing a defense article?

  • Approval from the Department of State
  • Approval from the International Trade Commission
  • Approval from the Department of Defense
  • Approval from the Directorate of Defense Trade Controls (correct)

    • Where must an applicant be registered before submitting an application for exporting a defense article?

  • Department of Commerce
  • Customs and Border Protection
  • Immigration and Customs Enforcement
  • Directorate of Defense Trade Controls (correct)

    • How should applications for unclassified exports be submitted?

  • Electronically (correct)
  • Via paper
  • Through an in-person meeting
  • By phone call

    • What type of approval is required for classified temporary imports?

    <p>Approval from the Department of Defense</p> Signup and view all the answers

    Where can further guidance on exporting defense articles be found?

    <p>Directorate of Defense Trade Controls website</p> Signup and view all the answers

    Who enforces the requirement for export or temporary import licenses for defense articles?

    <p>Directorate of Defense Trade Controls</p> Signup and view all the answers

    What approval must be obtained before reselling, transferring, or disposing of a defense article to any end-user other than as stated on the export license?

    <p>Approval from the Directorate of Defense Trade Controls</p> Signup and view all the answers

    When exporting defense articles, what information must be included in the commercial invoice to inform the end-user and consignees about U.S. export laws and regulations?

    <p>The country of ultimate destination and end-user</p> Signup and view all the answers

    What statement must be incorporated in the commercial invoice when exporting defense articles to notify that they are controlled by the U.S. government?

    <p>&quot;Items are controlled by the U.S. government and authorized for export only to the country of ultimate destination&quot;</p> Signup and view all the answers

    What specific information must be provided to the end-user and consignees when exporting items subject to the Export Administration Regulations (EAR) pursuant to a Department of State license?

    <p>Export Control Classification Number (ECCN) or EAR99 designation</p> Signup and view all the answers

    When can a resell, transfer, reexport, retransfer, transshipment, or disposition of a defense article occur without obtaining prior approval?

    <p>When an exemption under this subchapter explicitly authorizes it</p> Signup and view all the answers

    In making determinations about specific end-users and destinations, what information should a person review?

    <p>Readily available information, including public information and information from other transaction parties</p> Signup and view all the answers

    What form should be used for unclassified temporary imports?

    <p>DSP-61</p> Signup and view all the answers

    Which form is used for classified exports or temporary imports?

    <p>DSP-85</p> Signup and view all the answers

    What type of documentation should accompany all license applications?

    <p>Attachments and supporting technical data</p> Signup and view all the answers

    Which entry is NOT acceptable on Form DSP-5, DSP-61, DSP-73, or DSP-85 applications?

    <p>&quot;See Attached&quot;</p> Signup and view all the answers

    What must accompany all application submissions according to the text?

    <p>Certification by an empowered official</p> Signup and view all the answers

    When is a statement concerning political contributions required in a permanent export application?

    <p>$500,000 or more</p> Signup and view all the answers

    Which part of the subchapter contains provisions for furnishing defense services?

    <p>Part 124</p> Signup and view all the answers

    What should a request for a license for the export of unclassified technical data related to a classified defense article specify?

    <p>&quot;None of the above&quot;</p> Signup and view all the answers

    What should be listed in the license application besides attachments and supporting technical data?

    <p>All freight forwarders and U.S. consignors.</p> Signup and view all the answers

    Who regulates the permanent imports of defense articles into the United States?

    <p>Bureau of Alcohol, Tobacco, Firearms and Explosives</p> Signup and view all the answers

    Which entity requires a DSP-61 license for the temporary import and subsequent export of unclassified defense articles?

    <p>Directorate of Defense Trade Controls</p> Signup and view all the answers

    For what period can Port Directors of U.S. Customs and Border Protection permit temporary import and export without a license for unclassified U.S.-origin defense items?

    <p>Up to 4 years</p> Signup and view all the answers

    Which of the following is NOT a valid reason for temporary import license exemptions as per the text?

    <p>To be permanently incorporated into another item</p> Signup and view all the answers

    When is a bond required for temporary import of unclassified defense articles?

    <p>As appropriate depending on the situation</p> Signup and view all the answers

    What document must a U.S. importer contact the Department of Justice's Bureau of Alcohol, Tobacco, Firearms and Explosives for if required by a foreign exporter?

    <p>Technical data documentation</p> Signup and view all the answers

    Under what circumstance will a DSP-61 license NOT be approved according to the text?

    <p>For items rejected for permanent import</p> Signup and view all the answers

    What role does the Directorate of Defense Trade Controls play in relation to temporary imports of defense articles?

    <p>Issues licenses for temporary import and export</p> Signup and view all the answers

    What department regulates temporary imports of defense articles?

    <p>Department of Justice's Bureau of Alcohol, Tobacco, Firearms and Explosives</p> Signup and view all the answers

    What is required for temporary imports that transit through Canada?

    <p>Bond as appropriate.</p> Signup and view all the answers

    What is required before a license is issued for the export of significant military equipment and classified articles?

    <p>A completed Form DSP-83</p> Signup and view all the answers

    Which entities are authorized to receive U.S.-origin components incorporated into a foreign defense article without prior written approval?

    <p>NATO, NATO agencies, and specific governments</p> Signup and view all the answers

    When must the person reexporting the defense article provide written notification to the Directorate of Defense Trade Controls?

    <p>Within 30 days following the reexport</p> Signup and view all the answers

    What is required for a vessel or aircraft on the U.S. Munitions List to make a voyage outside the United States?

    <p>A license issued by the Directorate of Defense Trade Controls</p> Signup and view all the answers

    Under what conditions is an export license not required when a vessel or aircraft on the U.S. Munitions List departs from the United States?

    <p>Does not enter the territorial waters or airspace of a foreign country and carries no defense articles as cargo</p> Signup and view all the answers

    Who is required to execute Form DSP-83 for the export of certain defense articles?

    <p>Foreign consignee, foreign end-user, and the applicant</p> Signup and view all the answers

    What is stipulated in Form DSP-83 regarding significant military equipment exported?

    <p>Foreign consignee and foreign end-user cannot reexport or resell it</p> Signup and view all the answers

    'Non-transfer and use assurances' are addressed under which section of the regulations?

    <p>$123.10</p> Signup and view all the answers

    'Movements of vessels and aircraft covered by the U.S. Munitions List outside the United States' are regulated under which section?

    <p>$123.11</p> Signup and view all the answers

    'Shipments between U.S. possessions' are detailed under which section of the regulations?

    <p>$123.12</p> Signup and view all the answers

    What type of license is required for the temporary export of unclassified defense articles?

    <p>DSP-73</p> Signup and view all the answers

    If a physical license is required by U.S. Customs and Border Protection for a temporary export, what is the licensee required to do?

    <p>Retain the duly endorsed license</p> Signup and view all the answers

    What procedure must the importer and exporter comply with at the time of temporary import?

    <p>Annotate U.S. Customs documents with relevant regulations</p> Signup and view all the answers

    Which statement about foreign trade zones and U.S. Customs and Border Protection bonded warehouses is true?

    <p>The zones and warehouses are not considered part of the U.S.</p> Signup and view all the answers

    What is a requirement for the ultimate consignee at the time of export?

    <p>Not requiring documentation of U.S. Government approval</p> Signup and view all the answers

    Which circumstance would normally require an export license when transferring defense articles outside the U.S.?

    <p>If an agreement has not been approved pursuant to § 124.14 of the subchapter</p> Signup and view all the answers

    What is considered an export for purposes of the subchapter regarding vessels, aircraft, and satellites on the U.S. Munitions List?

    <p>Registering in a foreign country</p> Signup and view all the answers

    What must be obtained if an article is to remain outside the United States beyond the period for which the temporary export license is valid?

    <p>DSP-73 renewal or written approval</p> Signup and view all the answers

    Which document should be identified as the authority for export when electronically filing export information according to the text?

    <p>$22$ CFR 123.4</p> Signup and view all the answers

    Which requirement applies when registering a vessel covered by the U.S. Munitions List in a foreign country?

    <p>Approval from the Directorate of Defense Trade Controls</p> Signup and view all the answers

    Under what circumstances is a license or written approval needed for an aircraft on the U.S. Munitions List even if it's physically located in a foreign country?

    <p>When transferring control to a foreign person</p> Signup and view all the answers

    What must the U.S. importer do if the foreign exporter requires documentation for a temporary import that qualifies for an exemption?

    <p>Obtain DSP-61 Application/License</p> Signup and view all the answers

    In accordance with the text, what must be included on the invoice or other appropriate documentation at the time of temporary import?

    <p>$123.4 authority reference for export</p> Signup and view all the answers

    What is required for all shipments of articles on the U.S. Munitions List from foreign trade zones and U.S. Customs and Border Protection bonded warehouses to foreign countries?

    <p>An export license</p> Signup and view all the answers

    For which scenario does a physical license need to be retained for temporary export?

    <p>Returning directly from a foreign destination</p> Signup and view all the answers

    What documentation is required when requesting written approval from the Directorate of Defense Trade Controls for reexport or retransfer of a defense article?

    <p>All documentation required for a permanent export license and additional specifics like license number, previous authorization, new end-user details, and end-use</p> Signup and view all the answers

    Which group of individuals can request prior approval for reexport or retransfer from the Directorate of Defense Trade Controls?

    <p>Any person or foreign person</p> Signup and view all the answers

    For defense articles initially exported under exemptions at § 126.16 or § 126.17, who must submit a written request for prior approval of the transaction?

    <p>Both the original U.S. exporter and a member of the Australian Community or the United Kingdom Community</p> Signup and view all the answers

    Which organization may authorize reexport or retransfer of an item subject to the EAR?

    <p>Directorate of Defense Trade Controls</p> Signup and view all the answers

    What must be satisfied for an item subject to the EAR to be considered for reexport or retransfer?

    <p>Compliance with all requirements specified in paragraph (c) and intended end-use with a defense article</p> Signup and view all the answers

    In what circumstances can foreign persons request written approval for change in end-use or destination of a defense article?

    <p>When initially exported pursuant to a license, written approval, or exemption under this subchapter</p> Signup and view all the answers

    What specific information must be provided when requesting written approval from the Directorate of Defense Trade Controls?

    <p>License number, previous authorization, new end-user details, and destination information</p> Signup and view all the answers

    Which statement is true regarding compliance with regulations concerning defense articles and services?

    <p>Regulations issued by other agencies concerning import, possession, or transfer of defense articles continue to apply fully.</p> Signup and view all the answers

    Under what circumstances can reexport or retransfer be authorized by the Directorate of Defense Trade Controls for an item subject to EAR?

    <p>The item should have end-use in a defense article.</p> Signup and view all the answers

    When must a written request for prior approval be submitted in relation to defense articles initially exported under exemptions at § 126.16 or § 126.17?

    <p>By the original U.S.exporter in certain cases, and by members of specific identified communities in other cases.</p> Signup and view all the answers

    For which type of shipments is an export license NOT required?

    <p>From one location in the United States to another location in the United States via a foreign country</p> Signup and view all the answers

    What is the purpose of the Import Certificate/Delivery Verification Procedure?

    <p>To ensure that imported commodities are not diverted or reexported without authorization</p> Signup and view all the answers

    When might the IC/DV procedure be required for proposed exports of defense articles?

    <p>When exporting to non-government entities in specific countries</p> Signup and view all the answers

    What documentation is needed for proposed exports of defense articles under the IC/DV procedure?

    <p>An authenticated Import Certificate and an approved export license application</p> Signup and view all the answers

    What does the triangular symbol on the Import Certificate indicate?

    <p>That the item will be reexported to another destination</p> Signup and view all the answers

    What is required before granting any license or approval for transactions involving exports of defense articles?

    <p>Congressional certification</p> Signup and view all the answers

    Who must provide a certification to Congress before exporting defense articles?

    <p>U.S. exporters</p> Signup and view all the answers

    What must a person do before exporting or importing temporarily a defense article?

    <p>Obtain the approval of the Directorate of Defense Trade Controls</p> Signup and view all the answers

    How should applications for unclassified exports and temporary imports be submitted?

    <p>Electronically</p> Signup and view all the answers

    What is the requirement for classified exports and temporary imports application submission?

    <p>Via paper</p> Signup and view all the answers

    What type of license is needed for an unclassified defense article temporary import?

    <p>DSP-73 license</p> Signup and view all the answers

    What is the directive related to the application process for unclassified exports and temporary imports?

    <p>Applications must be sent electronically</p> Signup and view all the answers

    When is it NOT necessary to obtain prior approval for reexport or retransfer of a defense article?

    <p>When the end-user is in a foreign country</p> Signup and view all the answers

    What form should be used for unclassified temporary exports?

    <p>DSP-73</p> Signup and view all the answers

    Which Form should accompany all license applications for the permanent export of significant military equipment?

    <p>DSP-83</p> Signup and view all the answers

    What form is required for classified exports or temporary imports?

    <p>DSP-85</p> Signup and view all the answers

    In what scenario would an entry of 'Not Applicable' or 'See Attached' on Form DSP-5 be considered unacceptable?

    <p>When information is requested in a block where space is provided</p> Signup and view all the answers

    Which documentation must accompany a license application for the permanent export of defense articles sold commercially?

    <p>Purchase documentation</p> Signup and view all the answers

    What must be separately enumerated in a license application for proposed exports of defense articles subject to the EAR?

    <p>'x' paragraph entries</p> Signup and view all the answers

    Which individual must provide certification with all application submissions as stated in § 126.13 of this subchapter?

    <p>Empowered official</p> Signup and view all the answers

    For which type of defense services are provisions detailed in part 124 of this subchapter?

    <p>'Classified Technical Data' services</p> Signup and view all the answers

    'See Attached' is not an acceptable entry under what circumstances on Form DSP-61 applications?

    <p>When no attachments are provided with the application</p> Signup and view all the answers

    'Political Contributions' statement should accompany a permanent export application in what monetary value circumstance?

    <p>$500,000 or more</p> Signup and view all the answers

    What must the U.S. importer do if the foreign exporter requires documentation for a temporary import that qualifies for an exemption?

    <p>Obtain a DSP-5 Application/License for Temporary Import</p> Signup and view all the answers

    When can a DSP-73 license for temporary export of defense articles be valid?

    <p>If the article will be returned to the United States within 4 years</p> Signup and view all the answers

    What is a requirement for defense articles authorized for temporary export under the regulations?

    <p>Must not be sold or permanently transferred while overseas under a temporary export license</p> Signup and view all the answers

    What must be annotated on U.S. Customs and Border Protection documents at the time of temporary import?

    <p>'This shipment is being imported in accordance with and under the authority of 22 CFR 123.4(a) (identify subsection)'</p> Signup and view all the answers

    Under what conditions may articles on temporary export licenses not be sold or permanently transferred?

    <p>If they are overseas under a temporary export license</p> Signup and view all the answers

    What must be presented to the Port Director of U.S. Customs and Border Protection when authorizing a temporary export?

    <p>The license for temporary export must be presented</p> Signup and view all the answers

    What is required if an article subject to a temporary export license needs to stay outside the United States beyond the validity period of the license?

    <p>Renewal of the existing license or written approval from DDTC</p> Signup and view all the answers

    What information should be provided at the time of export according to U.S. Customs and Border Protection procedures?

    <p>22 CFR 123.4 as the authority for export</p> Signup and view all the answers

    Under what conditions can a renewal of a temporary export license be required?

    <p>If articles need to stay outside the U.S. beyond license validity</p> Signup and view all the answers

    What must be readily available on board a military aircraft or vessel temporarily exported under its own power?

    <p>Authorization from the Department of State</p> Signup and view all the answers

    In the context of U.S. Customs and Border Protection, what is considered an integral part of the United States?

    <p>Foreign trade zone in the United States</p> Signup and view all the answers

    For what reason might an export license not be required when shipping between the United States and a foreign trade zone?

    <p>Customs duty exemption</p> Signup and view all the answers

    Under what circumstances does transferring registration of an aircraft, vessel, or satellite on the U.S. Munitions List to a foreign person require a license or approval?

    <p>When physically located in the United States</p> Signup and view all the answers

    Which document is required when exporting defense articles to a warehouse or distribution point outside the United States for subsequent resale?

    <p>Agreement Approved under § 124.14</p> Signup and view all the answers

    What is considered an export for purposes of the subchapter regarding vessels, aircraft, and satellites on the U.S. Munitions List?

    <p>'Destination' country under an application</p> Signup and view all the answers

    When exporting defense articles from foreign trade zones to foreign countries, what requirement must be met?

    <p>Export license is required regardless of how articles reached the zone</p> Signup and view all the answers

    What is required for a temporary export license for hardware used regardless of whether it was directly exported or returned from a foreign destination?

    <p>U.S. Customs and Border Protection endorsement</p> Signup and view all the answers

    For what purpose must a licensee retain a duly endorsed license for temporary export in accordance with § 123.22(b) of this subchapter?

    <p>As evidence of proper authorization for temporary export</p> Signup and view all the answers

    What must exporters do before reselling, transferring, or reexporting a defense article to any end-user or destination not stated on the export license?

    <p>Submit an application to the Directorate of Defense Trade Controls</p> Signup and view all the answers

    What information must be incorporated into the commercial invoice for defense articles being exported?

    <p>Export Control Classification Number (ECCN) or EAR99 designation</p> Signup and view all the answers

    When exporting items subject to the EAR pursuant to a Department of State license, what information must be provided to the end-user and consignees?

    <p>Appropriate EAR classification information for each item</p> Signup and view all the answers

    What is required for temporary imports of unclassified defense articles in transit to a third country?

    <p>DSP-61 license</p> Signup and view all the answers

    Under what circumstances would a bond be required for temporary import of defense articles?

    <p>Enhancement or upgrade is needed</p> Signup and view all the answers

    Who regulates the permanent imports of defense articles into the United States?

    <p>Department of Justice</p> Signup and view all the answers

    What is necessary for temporary import (and subsequent export) without a license, for up to 4 years, of unclassified U.S.-origin defense items?

    <p>Enhancement or upgrade of the item</p> Signup and view all the answers

    What must the U.S. importer do if a foreign exporter requires documentation for a permanent import?

    <p>Contact Bureau of Alcohol, Tobacco, Firearms and Explosives</p> Signup and view all the answers

    What is exempted from the requirement of a license for temporary import and subsequent export of unclassified defense articles?

    <p>Items going for exhibition in a third country</p> Signup and view all the answers

    When does a DSP-61 license meet the requirements for temporary import and subsequent export of unclassified defense articles?

    <p>If enhancements or upgrades are planned for the item</p> Signup and view all the answers

    Which entity permits temporary import (and subsequent export) without a license of unclassified defense articles if they are serviced and then returned to the country from which they were imported?

    <p>U.S.Customs and Border Protection</p> Signup and view all the answers

    What is NOT included among the requirements for obtaining a DSP-61 license?

    <p>A DSP-83 form submission</p> Signup and view all the answers

    What must accompany a written request for prior approval in relation to defense articles initially exported under exemptions at § 126.16 or § 126.17?

    <p>A detailed report on end-use of the articles</p> Signup and view all the answers

    What documentation is required when requesting written approval for a change in end-use of a defense article?

    <p>A detailed description of the defense article or defense service</p> Signup and view all the answers

    In what situation is a written request for prior approval required from the Directorate of Defense Trade Controls?

    <p>When changing the end-use of a defense article exported under an exemption</p> Signup and view all the answers

    Who can submit a request to the Directorate of Defense Trade Controls for reexport approval under exemptions at § 126.16 or § 126.17?

    <p>The original U.S. exporter only</p> Signup and view all the answers

    Under what condition can the Directorate of Defense Trade Controls authorize reexport or retransfer of an item subject to the Export Administration Regulations (EAR)?

    <p>If all requirements from the Department of State are satisfied</p> Signup and view all the answers

    Which entity is responsible for authorizing reexport or retransfer of an item subject to the Export Administration Regulations (EAR)?

    <p>Directorate of Defense Trade Controls</p> Signup and view all the answers

    What is a key requirement for reexport or retransfer authorization by the Directorate of Defense Trade Controls?

    <p>Satisfying all requirements set by the Department of State</p> Signup and view all the answers

    What type of documentation must be provided for a defense article being reexported under § 126.16 or § 126.17 exemptions?

    <p>A detailed description of the defense article and its original use</p> Signup and view all the answers

    What must be included in a request to authorize reexport or retransfer under EAR?

    <p>A detailed description and identification of the new end-user, end-use, and destination</p> Signup and view all the answers

    What must accompany all requests for reexport or retransfer authorization under EAR?

    <p>Proof that all requirements set by relevant U.S. agencies are met</p> Signup and view all the answers

    Which U.S. government entity must approve the reexport or retransfer of U.S.-origin components incorporated into a foreign defense article?

    <p>Directorate of Defense Trade Controls</p> Signup and view all the answers

    When reexporting a defense article under certain conditions, written notification must be provided to the Directorate of Defense Trade Controls within how many days of the reexport?

    <p>30 days</p> Signup and view all the answers

    For the export of significant military equipment and classified articles, which form is required to ensure nontransfer and use assurances?

    <p>Form DSP-83</p> Signup and view all the answers

    Which entity may require a DSP-83 for the export of any defense articles, including technical data or defense services?

    <p>Department of State - Directorate of Defense Trade Controls</p> Signup and view all the answers

    Under what circumstance is an export license NOT required when a U.S.-origin aircraft or vessel on the U.S.Munitions List makes a voyage outside the United States?

    <p>If no defense articles are carried as cargo and no foreign airspace is entered</p> Signup and view all the answers

    Which form is used for classified exports or temporary imports?

    <p>Form DSP-61</p> Signup and view all the answers

    What is required for a vessel or aircraft on the U.S.Munitions List to make a voyage outside the United States?

    <p>$100 million contract value</p> Signup and view all the answers

    Which U.S. government entity issues a license for privately-owned aircraft or vessels on the U.S.Munitions List making a voyage outside the United States?

    <p>Department of State - Directorate of Defense Trade Controls</p> Signup and view all the answers

    Under what conditions are reexports or retransfers of U.S.-origin components incorporated into a foreign defense article authorized without prior written approval?

    <p>If they are to governments of NATO countries or specific allies</p> Signup and view all the answers

    When exporting defense articles, what is stipulated in relation to foreign consignees and end-users on Form DSP-83?

    <p>They must not sell or dispose of equipment outside the designated country.</p> Signup and view all the answers

    What is the purpose of the Import Certificate/Delivery Verification Procedure?

    <p>To ensure compliance with local import regulations</p> Signup and view all the answers

    Which situation would require the IC/DV procedure according to the text?

    <p>When a transaction involves three or more countries</p> Signup and view all the answers

    Under what circumstances might the Directorate of Defense Trade Controls require Delivery Verification documentation?

    <p>After delivery of commodities to a foreign consignee</p> Signup and view all the answers

    What is the significance of the triangular symbol on an Import Certificate?

    <p>Indicates that reexport to another destination may occur</p> Signup and view all the answers

    When would a certification to Congress be required prior to granting an export license?

    <p>For transactions above certain amounts</p> Signup and view all the answers

    What must U.S. exporters submit when prompted by Directorate of Defense Trade Controls for certain exports?

    <p>Export license application and Import Certificate</p> Signup and view all the answers

    Who is responsible for providing an authenticated Import Certificate for defense article exports?

    <p>Government of the importing country</p> Signup and view all the answers

    In a triangular transaction, what does it mean if the importer states that there is 'uncertainty whether the items will be imported into the country issuing the Import Certificate'?

    <p>'Uncertainty' indicates potential diversion or reexporting</p> Signup and view all the answers

    'Congressional certification pursuant to Section 36(c) of the Arms Export Control Act' is required for which type of transactions?

    <p>Export transactions above certain amounts</p> Signup and view all the answers

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