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Questions and Answers

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. (correct)
  • Items can only be exported to the country where the vessel or aircraft is located.
  • Items cannot be exported to Canadian ports.
  • Items cannot be exported to any country.
  • Under what condition can commodities be exported to a foreign vessel or aircraft in a Canadian port?

  • If the country controlling, leasing, or chartering the vessel or aircraft is not under embargo.
  • If a License Exception or NLR permits the shipment based on specific criteria. (correct)
  • Only if the vessel or aircraft is flagged with the U.S.
  • If the vessel or aircraft is registered in the exporting country.
  • 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. (correct)
  • Only if the vessel or aircraft is registered in the exporting country.
  • Only if a License Exception permits the export.
  • If the country currently controlling, leasing, or chartering the vessel or aircraft allows it.
  • Which vessels or aircraft are exempt from the general end-use prohibition according to paragraph (b) of the section?

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

    What does 'NLR' refer to in the context of exporting commodities to foreign vessels?

    <p>No License Required</p> Signup and view all the answers

    What must be ensured before exporting items to a foreign vessel or aircraft as per the text?

    <p>A License Exception or NLR must allow for the export based on specific conditions.</p> Signup and view all the answers

    What is the purpose of Executive Order 13382?

    <p>To impose export and reexport restrictions on certain parties.</p> Signup and view all the answers

    What is the consequence of exporting an item subject to the EAR to a party listed in appendix A without proper authorization?

    <p>It is a violation of the EAR.</p> Signup and view all the answers

    When does BIS authorization constitute authorization for export purposes under the EAR?

    <p>When an item is not subject to OFAC's regulatory authority.</p> Signup and view all the answers

    What is the role of U.S. persons in seeking authorization for exports to parties listed in appendix A?

    <p>They only seek authorization if OFAC does not authorize.</p> Signup and view all the answers

    Which is considered a violation of the EAR?

    <p>Exporting without OFAC or BIS authorization.</p> Signup and view all the answers

    What is the primary purpose of license requirements under this section?

    <p>To ensure compliance with Executive Order 13382.</p> Signup and view all the answers

    What happens if a non-U.S. person exports an item to a party listed in appendix A without BIS authorization?

    <p>It is considered a violation of the EAR.</p> Signup and view all the answers

    What is the impact of licensing policy for applications generally required under this section?

    <p>'All of the above' will be denied.</p> Signup and view all the answers

    What are the available license exceptions for EAR requirements in this section?

    <p>No exceptions are available under this section.</p> Signup and view all the answers

    What do U.S. persons need to do if OFAC authorizes an export to a party listed in appendix A?

    <p>They don't need to seek separate BIS authorization.</p> Signup and view all the answers

    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?

    <p>Supporting persons engaged in acts of terror.</p> Signup and view all the answers

    What is the consequence if a party is listed on the Entity List?

    <p>Both (a) and (b)</p> Signup and view all the answers

    What is one way a party can prevent the accomplishment of an end-use check?

    <p>Providing false or misleading information about the parties or items involved.</p> Signup and view all the answers

    Under what circumstances can BIS inform a person that a license is required for a specific export, re-export, or transfer?

    <p>All of the above</p> Signup and view all the answers

    What is one way a host government can prevent the completion of an end-use check?

    <p>Both (b) and (c)</p> Signup and view all the answers

    Which of the following is not considered an activity that could represent a significant risk to US national security or foreign policy interests?

    <p>Enabling the development of conventional weapons that are not contrary to US interests.</p> Signup and view all the answers

    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?

    <p>Evidence that the party engaged in dilatory or evasive conduct.</p> Signup and view all the answers

    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?

    <p>The party has a history of violating the EAR.</p> Signup and view all the answers

    What is the purpose of the additional license requirements that BIS can impose on persons under paragraph (c)?

    <p>Both (a) and (b)</p> Signup and view all the answers

    Which of the following is not considered an activity that could represent a significant risk to US national security or foreign policy interests?

    <p>Transferring conventional weapons in a manner that is beneficial to the United States.</p> Signup and view all the answers

    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?

    <p>Authorization from both BIS and OFAC</p> Signup and view all the answers

    What is the consequence of exporting an item subject to the EAR to an SDT without proper authorization according to the text?

    <p>It is a violation of the EAR</p> Signup and view all the answers

    What type of transactions does Executive Order 12947 prohibit by U.S. persons?

    <p>Transactions with terrorists threatening the Middle East peace process</p> Signup and view all the answers

    What is maintained by the Department of the Treasury and identifies Specially Designated Terrorists (SDTs)?

    <p>31 CFR part 595</p> Signup and view all the answers

    Which statement about licensing policy for the export or reexport to an SDT is true based on the text?

    <p>'No License Exceptions' are available for such exports</p> Signup and view all the answers

    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?

    <p>The commodities must be shipped as cargo for which Electronic Export Information (EEI) is filed to the Automated Export System (AES).</p> Signup and view all the answers

    What is the purpose of the restrictions on exports and reexports to persons designated pursuant to Executive Order 13382?

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

    What is required for exports or reexports to an SDGT (Specially Designated Global Terrorist) of items subject to the EAR (Export Administration Regulations)?

    <p>A license from BIS (Bureau of Industry and Security) is required.</p> Signup and view all the answers

    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?

    <p>A license from OFAC is required, but no separate authorization from BIS is necessary.</p> Signup and view all the answers

    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?

    <p>A license from BIS is required.</p> Signup and view all the answers

    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?

    <p>It is a violation of the EAR.</p> Signup and view all the answers

    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?

    <p>It is a violation of the EAR.</p> Signup and view all the answers

    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?

    <p>It is a violation of the EAR.</p> Signup and view all the answers

    What is the general licensing policy for applications to export or reexport items subject to the EAR to SDGTs?

    <p>Applications will generally be denied.</p> Signup and view all the answers

    What should be done regarding transactions subject to OFAC licensing requirements for exports or reexports to SDGTs?

    <p>Consult with OFAC concerning such transactions.</p> Signup and view all the answers

    Are any License Exceptions or other BIS authorizations available for exports or reexports to SDGTs of items subject to the EAR?

    <p>No License Exceptions or other BIS authorizations are available.</p> Signup and view all the answers

    Do the licensing requirements for exports or reexports to SDGTs supplement any other requirements in the EAR?

    <p>Yes, they supplement any other requirements set forth elsewhere in the EAR.</p> Signup and view all the answers

    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'?

    <p>Items classified under ECCN 5D002.b or 5D002.c.1</p> Signup and view all the answers

    Under which circumstances may an entity be added to the Entity List according to the text?

    <p>If involved in activities contrary to the national security interests</p> Signup and view all the answers

    In what situations may an entity be at significant risk of being added to the Entity List?

    <p>Preventing end-use checks by the host government authority</p> Signup and view all the answers

    What type of items are subject to a case-by-case basis review for license application under paragraph (a)(2) of the text?

    <p>'Development' or 'production' items below the 5G level</p> Signup and view all the answers

    What is a factor in the license application review for technology in items according to the text?

    <p>'Development' or 'production' capability at the 5G level</p> Signup and view all the answers

    For which entities are all license exceptions described in part 740 of the EAR available according to the text?

    <p>Entities with footnote 1 designation on Entity List</p> Signup and view all the answers

    What type of entities are prohibited from being added to the Entity List according to the text?

    <p>'Parties requiring licenses for export or reexport'</p> Signup and view all the answers

    Under which circumstances may an entity pose a significant risk according to the text?

    <p>'Sustained lack of cooperation by a host government authority'</p> Signup and view all the answers

    What is a criterion for revising the Entity List as per the text?

    <p>'Entities contrary to national security interests'</p> Signup and view all the answers

    'Software' that is classified under which ECCN does not require a license for release for standards-related activities according to the text?

    <p>ECCN 5D002.b</p> Signup and view all the answers

    What is the primary purpose of the license requirement described in paragraph (a)(1)?

    <p>To prevent the export of certain commodities to military end-users or for incorporation into military commodities</p> Signup and view all the answers

    Which of the following statements is true regarding the license requirement in paragraph (a)(1)?

    <p>It applies to exports, reexports, or transfers to any destination other than Canada</p> Signup and view all the answers

    What is the exception mentioned in paragraph (e) regarding the prohibitions in paragraphs (a) and (b)?

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

    Who can provide specific notice to an exporter, reexporter, or transferor that a license is required for certain exports?

    <p>The Deputy Assistant Secretary for Export Administration</p> Signup and view all the answers

    What is the definition of a "military end-user" according to paragraph (d)?

    <p>Both a and b</p> Signup and view all the answers

    What standard is used for reviewing license applications required by this section?

    <p>The policies applied under the International Traffic in Arms Regulations (ITAR)</p> Signup and view all the answers

    What is the purpose of the restrictions on certain entities in Russia, as mentioned in § 744.10?

    <p>To regulate the export of dual-use items to certain entities in Russia</p> Signup and view all the answers

    What is the significance of the ECCNs (Export Control Classification Numbers) mentioned in the text?

    <p>They identify specific commodities that are subject to the license requirements described in the text</p> Signup and view all the answers

    What is the purpose of the prohibition described in paragraph (b)?

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

    What is the significance of the reference to Country Group A:1 in paragraph (a)(2)?

    <p>It specifies the countries to which the license requirement in paragraph (a)(1) does not apply</p> Signup and view all the answers

    What does the phrase "presumption of denial" in paragraph (c) refer to?

    <p>Applications to export items subject to the EAR to certain entities will likely be denied</p> Signup and view all the answers

    Under what circumstances can BIS remove an entity from the Entity List?

    <p>If the entity is no longer engaged in activities contrary to U.S. national security or foreign policy interests</p> Signup and view all the answers

    What is the purpose of the Entity List mentioned in the text?

    <p>To list entities that are subject to additional license requirements and review policies for exporting items subject to the EAR</p> Signup and view all the answers

    What is the role of the End-User Review Committee mentioned in the text?

    <p>To establish the license requirements and review policies for entities on the Entity List</p> Signup and view all the answers

    What is the purpose of the license exception limitations mentioned in paragraph (a)?

    <p>To prevent entities on the Entity List from using license exceptions when exporting items subject to the EAR</p> Signup and view all the answers

    How are license application review policies determined for entities on the Entity List?

    <p>They are determined by the End-User Review Committee or the body to which the committee's decision is escalated</p> Signup and view all the answers

    What is the purpose of the phrase "to the extent specified on the Entity List" in paragraph (a)?

    <p>To indicate that license requirements may vary for different entities on the Entity List</p> Signup and view all the answers

    What is the purpose of the phrase "in addition to any other applicable review policy stated elsewhere in the EAR" in paragraph (a)?

    <p>To indicate that entities on the Entity List are subject to additional review policies beyond those specified in the Entity List entry</p> Signup and view all the answers

    When is a license required for exporting items subject to the EAR to an entity on the Entity List?

    <p>A license is required when the entity is a party to the transaction as described in 748.5(c) through (f) of the EAR</p> Signup and view all the answers

    Based on the text, what is the purpose of the Entity List and the related license requirements and review policies?

    <p>To restrict exports and transfers of items to entities acting contrary to U.S. national security or foreign policy interests</p> Signup and view all the answers

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