73 Questions
What is the general end-use prohibition for exporting items subject to the EAR to foreign vessels or aircraft?
Items can be exported to the country where the vessel or aircraft is located, registered, or controlled.
Under what condition can commodities be exported to a foreign vessel or aircraft in a Canadian port?
If a License Exception or NLR permits the shipment based on specific criteria.
In which situation can commodities be exported to a foreign vessel or aircraft under construction?
If the vessel or aircraft is registered, or will be registered, in the exporting country.
Which vessels or aircraft are exempt from the general end-use prohibition according to paragraph (b) of the section?
U.S. and Canadian carriers
What does 'NLR' refer to in the context of exporting commodities to foreign vessels?
No License Required
What must be ensured before exporting items to a foreign vessel or aircraft as per the text?
A License Exception or NLR must allow for the export based on specific conditions.
What is the purpose of Executive Order 13382?
To impose export and reexport restrictions on certain parties.
What is the consequence of exporting an item subject to the EAR to a party listed in appendix A without proper authorization?
It is a violation of the EAR.
When does BIS authorization constitute authorization for export purposes under the EAR?
When an item is not subject to OFAC's regulatory authority.
What is the role of U.S. persons in seeking authorization for exports to parties listed in appendix A?
They only seek authorization if OFAC does not authorize.
Which is considered a violation of the EAR?
Exporting without OFAC or BIS authorization.
What is the primary purpose of license requirements under this section?
To ensure compliance with Executive Order 13382.
What happens if a non-U.S. person exports an item to a party listed in appendix A without BIS authorization?
It is considered a violation of the EAR.
What is the impact of licensing policy for applications generally required under this section?
'All of the above' will be denied.
What are the available license exceptions for EAR requirements in this section?
No exceptions are available under this section.
What do U.S. persons need to do if OFAC authorizes an export to a party listed in appendix A?
They don't need to seek separate BIS authorization.
What is one activity that could represent a significant risk of being contrary to the national security or foreign policy interests of the United States?
Supporting persons engaged in acts of terror.
What is the consequence if a party is listed on the Entity List?
Both (a) and (b)
What is one way a party can prevent the accomplishment of an end-use check?
Providing false or misleading information about the parties or items involved.
Under what circumstances can BIS inform a person that a license is required for a specific export, re-export, or transfer?
All of the above
What is one way a host government can prevent the completion of an end-use check?
Both (b) and (c)
Which of the following is not considered an activity that could represent a significant risk to US national security or foreign policy interests?
Enabling the development of conventional weapons that are not contrary to US interests.
What is required to establish a nexus between a party's conduct and the failure to produce a complete, accurate, and useful end-use check?
Evidence that the party engaged in dilatory or evasive conduct.
Which of the following is not a reason BIS may inform a person that a license is required for a specific export, re-export, or transfer?
The party has a history of violating the EAR.
What is the purpose of the additional license requirements that BIS can impose on persons under paragraph (c)?
Both (a) and (b)
Which of the following is not considered an activity that could represent a significant risk to US national security or foreign policy interests?
Transferring conventional weapons in a manner that is beneficial to the United States.
For an export or reexport to a Specially Designated Terrorist (SDT) of an item subject to the EAR and OFAC’s Terrorism Sanctions Regulations, what authorization is required?
Authorization from both BIS and OFAC
What is the consequence of exporting an item subject to the EAR to an SDT without proper authorization according to the text?
It is a violation of the EAR
What type of transactions does Executive Order 12947 prohibit by U.S. persons?
Transactions with terrorists threatening the Middle East peace process
What is maintained by the Department of the Treasury and identifies Specially Designated Terrorists (SDTs)?
31 CFR part 595
Which statement about licensing policy for the export or reexport to an SDT is true based on the text?
'No License Exceptions' are available for such exports
Which of the following is NOT a requirement for the export of commodities described in paragraph (e) to a seaport or airport outside the United States or Canada?
The commodities must be shipped as cargo for which Electronic Export Information (EEI) is filed to the Automated Export System (AES).
What is the purpose of the restrictions on exports and reexports to persons designated pursuant to Executive Order 13382?
To block the property and interests in property of persons named in or designated pursuant to Executive Order 13382 in the United States or that comes within the United States or within the possession or control of United States persons.
What is required for exports or reexports to an SDGT (Specially Designated Global Terrorist) of items subject to the EAR (Export Administration Regulations)?
A license from BIS (Bureau of Industry and Security) is required.
If an item is subject to both the EAR and OFAC's regulatory authority under Executive Order 13224, what is required for a U.S. person to export or reexport it to an SDGT?
A license from OFAC is required, but no separate authorization from BIS is necessary.
If an item is subject to the EAR but not OFAC's regulatory authority under Executive Order 13224, what is required for a non-U.S. person to export or reexport it to an SDGT?
A license from BIS is required.
If an export or reexport to an SDGT is subject to both the EAR and OFAC's regulatory authority under Executive Order 13224, but is not authorized by OFAC, what is the result?
It is a violation of the EAR.
For a U.S. person to export or reexport an item subject to the EAR but not OFAC's regulatory authority to an SDGT without authorization from BIS, what is the result?
It is a violation of the EAR.
For a non-U.S. person to export from abroad or reexport an item subject to the EAR to an SDGT without authorization from BIS, what is the result?
It is a violation of the EAR.
What is the general licensing policy for applications to export or reexport items subject to the EAR to SDGTs?
Applications will generally be denied.
What should be done regarding transactions subject to OFAC licensing requirements for exports or reexports to SDGTs?
Consult with OFAC concerning such transactions.
Are any License Exceptions or other BIS authorizations available for exports or reexports to SDGTs of items subject to the EAR?
No License Exceptions or other BIS authorizations are available.
Do the licensing requirements for exports or reexports to SDGTs supplement any other requirements in the EAR?
Yes, they supplement any other requirements set forth elsewhere in the EAR.
Which type of items do not require a license for release for the 'development,' 'production,' or 'use' of cryptographic functionality when intended for a 'standards-related activity'?
Items classified under ECCN 5D002.b or 5D002.c.1
Under which circumstances may an entity be added to the Entity List according to the text?
If involved in activities contrary to the national security interests
In what situations may an entity be at significant risk of being added to the Entity List?
Preventing end-use checks by the host government authority
What type of items are subject to a case-by-case basis review for license application under paragraph (a)(2) of the text?
'Development' or 'production' items below the 5G level
What is a factor in the license application review for technology in items according to the text?
'Development' or 'production' capability at the 5G level
For which entities are all license exceptions described in part 740 of the EAR available according to the text?
Entities with footnote 1 designation on Entity List
What type of entities are prohibited from being added to the Entity List according to the text?
'Parties requiring licenses for export or reexport'
Under which circumstances may an entity pose a significant risk according to the text?
'Sustained lack of cooperation by a host government authority'
What is a criterion for revising the Entity List as per the text?
'Entities contrary to national security interests'
'Software' that is classified under which ECCN does not require a license for release for standards-related activities according to the text?
ECCN 5D002.b
What is the primary purpose of the license requirement described in paragraph (a)(1)?
To prevent the export of certain commodities to military end-users or for incorporation into military commodities
Which of the following statements is true regarding the license requirement in paragraph (a)(1)?
It applies to exports, reexports, or transfers to any destination other than Canada
What is the exception mentioned in paragraph (e) regarding the prohibitions in paragraphs (a) and (b)?
Shipments consigned to and for the official use of the U.S. Government authorized pursuant to §740.11(b)(2)(ii) of the EAR may be made under License Exception GOV
Who can provide specific notice to an exporter, reexporter, or transferor that a license is required for certain exports?
The Deputy Assistant Secretary for Export Administration
What is the definition of a "military end-user" according to paragraph (d)?
Both a and b
What standard is used for reviewing license applications required by this section?
The policies applied under the International Traffic in Arms Regulations (ITAR)
What is the purpose of the restrictions on certain entities in Russia, as mentioned in § 744.10?
To regulate the export of dual-use items to certain entities in Russia
What is the significance of the ECCNs (Export Control Classification Numbers) mentioned in the text?
They identify specific commodities that are subject to the license requirements described in the text
What is the purpose of the prohibition described in paragraph (b)?
To allow BIS to inform exporters, reexporters, or transferors that a license is required for exports to specified end users due to risk of diversion or unauthorized incorporation
What is the significance of the reference to Country Group A:1 in paragraph (a)(2)?
It specifies the countries to which the license requirement in paragraph (a)(1) does not apply
What does the phrase "presumption of denial" in paragraph (c) refer to?
Applications to export items subject to the EAR to certain entities will likely be denied
Under what circumstances can BIS remove an entity from the Entity List?
If the entity is no longer engaged in activities contrary to U.S. national security or foreign policy interests
What is the purpose of the Entity List mentioned in the text?
To list entities that are subject to additional license requirements and review policies for exporting items subject to the EAR
What is the role of the End-User Review Committee mentioned in the text?
To establish the license requirements and review policies for entities on the Entity List
What is the purpose of the license exception limitations mentioned in paragraph (a)?
To prevent entities on the Entity List from using license exceptions when exporting items subject to the EAR
How are license application review policies determined for entities on the Entity List?
They are determined by the End-User Review Committee or the body to which the committee's decision is escalated
What is the purpose of the phrase "to the extent specified on the Entity List" in paragraph (a)?
To indicate that license requirements may vary for different entities on the Entity List
What is the purpose of the phrase "in addition to any other applicable review policy stated elsewhere in the EAR" in paragraph (a)?
To indicate that entities on the Entity List are subject to additional review policies beyond those specified in the Entity List entry
When is a license required for exporting items subject to the EAR to an entity on the Entity List?
A license is required when the entity is a party to the transaction as described in 748.5(c) through (f) of the EAR
Based on the text, what is the purpose of the Entity List and the related license requirements and review policies?
To restrict exports and transfers of items to entities acting contrary to U.S. national security or foreign policy interests
Test your knowledge on the restrictions and license requirements for exporting items subject to the EAR to foreign vessels or aircraft. Learn about License Exceptions and NLR permits for such shipments.
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