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 (D)</p> Signup and view all the answers

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

<p>Brokering activities (D)</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 (C)</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. (C)</p> Signup and view all the answers

What does 'brokering activities' include?

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

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

<p>Providing office space and equipment. (D)</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. (B)</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. (A)</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.' (A)</p> Signup and view all the answers

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

<p>1 (B)</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.' (C)</p> Signup and view all the answers

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

<p>'Transportation and freight forwarding.' (C)</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. (B)</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 (C)</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 (B)</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 (A)</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 (A)</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 (C)</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 (A)</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 (C)</p> Signup and view all the answers

Who must sign the requests for approval of brokering activities?

<p>An empowered official (B)</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 (D)</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 (A)</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 (C)</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 (A)</p> Signup and view all the answers

What is the maximum period of validity for an approval?

<p>Four years (D)</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 (B)</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 (D)</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 (D)</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 (B)</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 (B)</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 (B)</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 (B)</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) (A)</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 (A)</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 (D)</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 (A)</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 (C)</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 (C)</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 (B)</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 (A)</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 (B)</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 (A)</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 (D)</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' (B)</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' (B)</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 (A)</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 (C)</p> Signup and view all the answers

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

<p>Category XII(c) (D)</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 (C)</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 (A)</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 (D)</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 (B)</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 (C)</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 (A)</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 (B)</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 (B)</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 (B)</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 (B)</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 (C)</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 (B)</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 (A)</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 (C)</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 (D)</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 (B)</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 (C)</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 (A)</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 (B)</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 (D)</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> (C)</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> (A)</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 (B)</p> Signup and view all the answers

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