22 cfr 129
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Questions and Answers

What is required for persons engaged in the business of brokering activities according to the Arms Export Control Act?

  • Receive a license only
  • Pay a licensing fee
  • Register and pay a registration fee (correct)
  • Only register

    • Which items do the brokering activities regulations apply to?

  • Items designated in 27 CFR 447.21 only
  • Items not mentioned in either the defense articles or 27 CFR 447.21
  • Defense articles and defense services only
  • Both defense articles and items in 27 CFR 447.21 (correct)

    • Who is considered a broker under the regulations?

  • Only a foreign person located in the United States
  • Any person engaged in the business of brokering activities as defined (correct)
  • Any individual residing in the United States
  • A U.S. citizen engaging in brokering activities

    • What is a requirement for a foreign person located outside the United States and owned or controlled by a U.S. person to be considered a broker?

    <p>Meeting the definition of a broker in the regulations</p> Signup and view all the answers

    What action is prohibited without a license issued under the Arms Export Control Act?

    <p>Brokering activities</p> Signup and view all the answers

    What additional requirement is needed for engaging in the business of brokering activities besides registration?

    <p>Obtaining a license</p> Signup and view all the answers

    What does it mean for a firm to be 'controlled by a U.S. person'?

    <p>One or more U.S. persons have authority or ability to establish general policies.</p> Signup and view all the answers

    What does 'brokering activities' include?

    <p>Financing and arranging purchase of defense articles.</p> Signup and view all the answers

    Which of the following is NOT categorized as 'brokering activities'?

    <p>Providing office space and equipment.</p> Signup and view all the answers

    What is required for a person who engages in brokering activities?

    <p>To register with the Directorate of Defense Trade Controls.</p> Signup and view all the answers

    When is a firm presumed to be 'controlled by a U.S. person'?

    <p>When U.S. persons own 25 percent or more of outstanding voting securities.</p> Signup and view all the answers

    What activities are excluded from 'brokering activities'?

    <p>'Collecting product and pricing information to prepare a response to Request for Proposal.'</p> Signup and view all the answers

    'Engaging in the business of brokering activities' requires how many occasions of brokering?

    <p>1</p> Signup and view all the answers

    'Brokering activities' do NOT include which type of action?

    <p>'Activities that facilitate the manufacture in the United States.'</p> Signup and view all the answers

    'Brokering activities' involve actions related to which of the following processes?

    <p>'Transportation and freight forwarding.'</p> Signup and view all the answers

    What is necessary for 'U.S. person control' to be rebuttably presumed?

    <p>U.S. persons owning 25 percent or more of outstanding voting securities.</p> Signup and view all the answers

    What is required of any person who is mandated to register under this part?

    <p>To submit a report of brokering activities on an annual basis</p> Signup and view all the answers

    Who is responsible for certifying the completeness and accuracy of the report of brokering activities?

    <p>The empowered official signing the report</p> Signup and view all the answers

    What is one of the requirements for each brokering activity to be included in the report?

    <p>Identification of all persons who participated in the activities</p> Signup and view all the answers

    When should a report of brokering activities be submitted if the registrant is not renewing their registration?

    <p>Within 30 days after expiration of registration</p> Signup and view all the answers

    What should be included in the report regarding consideration received by persons who participated in brokering activities?

    <p>Type and U.S. dollar value of consideration received</p> Signup and view all the answers

    What action should be taken in the report if there were no brokering activities?

    <p>Include certification that no activities took place</p> Signup and view all the answers

    What must all requests for approval of brokering activities include?

    <p>A certification stating whether certain individuals have been charged with violating U.S. criminal statutes</p> Signup and view all the answers

    Who must sign the requests for approval of brokering activities?

    <p>An empowered official</p> Signup and view all the answers

    What is required in the description of brokering activities that will be undertaken?

    <p>Information about all persons who may participate in the brokering activities</p> Signup and view all the answers

    What should be included in the description of each defense article or defense service involved in the brokering activities?

    <p>Estimated quantity and U.S. dollar value of defense articles and services</p> Signup and view all the answers

    Who should include a certification that the request for approval is complete and accurate?

    <p>An empowered official signing the request</p> Signup and view all the answers

    What happens if certain information required by paragraph (b) is not yet available at the time of submission?

    <p>The fact must be stated and explained in the certification</p> Signup and view all the answers

    What is the maximum period of validity for an approval?

    <p>Four years</p> Signup and view all the answers

    In obtaining approval for brokering activities, what specific information must be provided about defense articles or services?

    <p>The name or military nomenclature of each defense article</p> Signup and view all the answers

    Which of the following individuals is mentioned in the requirement for approval of brokering activities?

    <p>General counsel</p> Signup and view all the answers

    What is an essential requirement when describing each defense article involved in brokering activities?

    <p>Estimated quantity and U.S. dollar value of each article</p> Signup and view all the answers

    Who is not required to register, approve, keep records, or report under the section mentioned?

    <p>Foreign governments acting in an official capacity</p> Signup and view all the answers

    Under what circumstances are banks, firms, or persons providing financing for defense articles or services required to register?

    <p>When they are directly involved in arranging transactions involving defense articles or services</p> Signup and view all the answers

    What is the consequence for U.S. persons registered as manufacturers or exporters if more than 50% of the voting securities are owned by them?

    <p>Not required to submit a separate broker registration or pay a fee</p> Signup and view all the answers

    What is the precondition for obtaining approval for brokering activities as stated in the text?

    <p>Registration under the mentioned section</p> Signup and view all the answers

    Which category of U.S.-origin defense articles or services requires approval for brokering activities?

    <p>Category I(a) through (d) and Category II(a) and (d)</p> Signup and view all the answers

    Under what circumstances are banks, firms, or persons providing financing not exempt from registration?

    <p>When they are directly involved in arranging defense transactions</p> Signup and view all the answers

    What happens if U.S. persons registered as manufacturers or exporters have subsidiaries and affiliates listed on their Statement of Registration?

    <p>They are not required to submit a separate broker registration or pay a fee if conditions are met</p> Signup and view all the answers

    'Registration under this section' refers to a precondition for which specific action?

    <p>$129.4 brokering activities approval</p> Signup and view all the answers

    What is required before engaging in brokering activities involving any country, area, or person referred to in § 126.1 of this subchapter?

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

    Who must sign the Statement of Registration (form DS-2032) when submitting it to the Office of Defense Trade Controls Compliance?

    <p>A U.S. person senior officer or a foreign broker</p> Signup and view all the answers

    What is the consequence if a registrant's Statement of Registration (form DS-2032) is incomplete?

    <p>The entire registration package is returned</p> Signup and view all the answers

    When must a person who is required to register submit a completed Statement of Registration (form DS-2032) and a fee?

    <p>On an annual basis</p> Signup and view all the answers

    Which individuals may sign the Statement of Registration (form DS-2032) for a foreign broker?

    <p>Foreign senior officer empowered by a U.S. person</p> Signup and view all the answers

    What brokering activities require approval from the Directorate of Defense Trade Controls?

    <p>Any activities that involve any country, area, or person listed in § 126.1</p> Signup and view all the answers

    Which statement accurately describes submitting the Statement of Registration?

    <p>'Form DS-2032' must be submitted annually for registration</p> Signup and view all the answers

    What action does the Department of State take regarding requests for approval related to brokering activities involving restricted countries?

    <p>'Requests are denied'</p> Signup and view all the answers

    'Form DS-2032' can be signed by a foreign senior officer if which condition is met?

    <p>'If the registrant seeks only to register as a foreign broker'</p> Signup and view all the answers

    What type of defense articles are described by Category IV(a) of § 121.1?

    <p>Rockets, bombs, and grenades</p> Signup and view all the answers

    Which of the following is exempt from the requirement for approval when arranged wholly within and destined exclusively for NATO countries?

    <p>Submersible vessels</p> Signup and view all the answers

    Which category of defense articles includes night vision-related articles?

    <p>Category XII(c)</p> Signup and view all the answers

    In which section of the subchapter does it mention the exemption for brokering activities involving U.S. Government agencies?

    <p>§ 129.5</p> Signup and view all the answers

    What is required for brokering activities regarding a foreign defense article or defense service destined exclusively for NATO countries?

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

    Who must comply with all other provisions of part 129 when using the exemptions mentioned?

    <p>The broker</p> Signup and view all the answers

    Under what conditions are brokering activities undertaken for a U.S. Government agency exempt from approval requirements?

    <p>When they concern defense articles solely for the use of the agency</p> Signup and view all the answers

    What happens if a broker involved in brokering activities is not registered as required by § 129.3?

    <p>They are not exempt from obtaining approval from the Directorate of Defense Trade Controls</p> Signup and view all the answers

    'Ineligible as defined in § 120.16(c)' refers to which group of individuals or entities?

    <p>$120.16(c) individuals or entities</p> Signup and view all the answers

    What must a U.S. or foreign registrant provide written notification for at least sixty days in advance?

    <p>Ownership or control transfer to a foreign person</p> Signup and view all the answers

    When a registrant merges with another company, what information must be provided to the Directorate of Defense Trade Controls?

    <p>New firm name and previous firm names</p> Signup and view all the answers

    What happens to any brokering activity approval not notified during a merger or acquisition?

    <p>It becomes invalid</p> Signup and view all the answers

    What is the consequence if a registrant's registration lapses due to non-renewal?

    <p>Payment for the intervening period</p> Signup and view all the answers

    What must be included in a request for guidance on brokering activities?

    <p>Estimated quantity of defense articles</p> Signup and view all the answers

    When does a registrant need to provide written notification under paragraph (e)?

    <p>60 days before a sale or transfer to a foreign person</p> Signup and view all the answers

    If certain information is not yet available at the time of submission for guidance, what should be done according to the text?

    <p>' Clearly state and explain this circumstance in the request</p> Signup and view all the answers

    What action should a registrant take if they combine an existing broker registration with an existing manufacturer/exporter registration?

    <p>' Provide written notification to the Directorate of Defense Trade Controls</p> Signup and view all the answers

    What information must be provided if requesting guidance on brokering activities?

    <p>' Description of each defense article involved, including quantity</p> Signup and view all the answers

    When must a registrant submit a request for registration renewal?

    <p>Between 30 to 60 days prior to the expiration date</p> Signup and view all the answers

    What must a registrant do if they fail to renew their registration and want to register again after an intervening period?

    <p>Pay registration fees for the intervening period when engaged in brokering defense articles or services</p> Signup and view all the answers

    Who is required to provide a certification regarding certain criminal matters in the Statement of Registration?

    <p>An authorized senior officer of the intended registrant</p> Signup and view all the answers

    What information must be provided by a registrant if they are foreign owned or controlled?

    <p>Details of the foreign person who ultimately owns or controls the registrant</p> Signup and view all the answers

    When should a written notification be provided to the Directorate of Defense Trade Controls?

    <p>Within five days of a change in any information in the Statement of Registration</p> Signup and view all the answers

    Which officers are required to sign and submit written notifications to the Directorate of Defense Trade Controls?

    <p><strong>The chief executive officer, president, or partner</strong></p> Signup and view all the answers

    What event triggers the need for a written notification to be provided to the Directorate of Defense Trade Controls?

    <p><strong>Change in ownership of a subsidiary</strong></p> Signup and view all the answers

    In addition to a chief executive officer, who else can sign written notifications?

    <p>A partner or member within the company structure</p> Signup and view all the answers

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