PART 762—RECORDKEEPING

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Questions and Answers

Which transactions are subject to the recordkeeping provisions of this part?

Transactions involving tax practices

Transactions with European countries only

Exports of services only

Exports of commodities, software, or technology from the United States and any known reexports (correct)

In which situations would exports to Canada be subject to the recordkeeping provisions?

If the items are solely for use within Canada

If there are no restrictions on reexporting the items from Canada

If the items are being reexported back to the United States

If a person in a country other than the United States or Canada has an interest in the transaction (correct)

Which actions are prohibited under sections 736.2(b)(7) and 744.6 of the EAR?

Actions that promote free trade

Actions that encourage economic growth

Actions that support proliferation concerns (correct)

Actions that benefit end-users

What type of transactions are specifically mentioned as subject to this part in the text?

Transactions involving restrictive trade practices or boycotts described in part 760 of the EAR Signup and view all the answers

Under which conditions would exports from the United States not be subject to recordkeeping provisions?

If there are no known reexports or diversions of the exported items Signup and view all the answers

What is a key criterion for determining export transactions subject to the EAR according to the text?

The appearance of a person in a country other than the United States or Canada having an interest in the export Signup and view all the answers

Which of the following sections of the Export Administration Regulations (EAR) discusses the reporting requirements for the Wassenaar Arrangement?

§743.1, Wassenaar reports Signup and view all the answers

What is the purpose of the requirement in §762.2(c)(1) regarding the record-keeping for exports to Libya?

To track the consumption or destruction of items exported to Libya Signup and view all the answers

Which of the following sections of the EAR discusses the requirements for the PRC End-User Statement?

§748.10, PRC End-User Statement Signup and view all the answers

Which section of the EAR discusses the requirements for the Automated Export System record?

§758.1 and §758.2, Automated Export System record Signup and view all the answers

Which section of the EAR discusses the requirements for the Security Safeguard Plan?

Supplement No. 2 to Part 748 paragraph (c)(2), Security Safeguard Plan requirement Signup and view all the answers

What is the purpose of the requirement in §758.1(h) regarding the record and proof of agent's authority?

To ensure compliance with license conditions Signup and view all the answers

Which section of the EAR discusses the requirements for the Destination control statements?

§758.6, Destination control statements Signup and view all the answers

Which section of the EAR discusses the requirements for the Firearms Convention (FC) Import Certificate?

§748.12, Firearms Convention (FC) Import Certificate Signup and view all the answers

Which section of the EAR discusses the requirements for the Statement by Ultimate Consignee and Purchaser?

§748.11, Statement by Ultimate Consignee and Purchaser Signup and view all the answers

Which section of the EAR discusses the requirements for the voluntary self-disclosure of violations?

§764.5, Voluntary self-disclosure Signup and view all the answers

In accordance with the EAR, who may be asked to produce books, records, and other information without any charge or expense to the official?

Persons located in the United States. Signup and view all the answers

What action can OEE and the Office of Antiboycott Compliance take if voluntary cooperation is not provided for producing records?

Issue subpoenas for testimony and record production. Signup and view all the answers

Who may designate another official of the United States to exercise the authority under subsection (b) for persons located outside the United States?

BIS Signup and view all the answers

What is the consequence if a person fails to comply with a subpoena issued by OEE or the Office of Antiboycott Compliance?

The Department of Commerce may petition a district court for enforcement. Signup and view all the answers

What type of information must persons located outside of the United States produce when requested by an authorized BIS official?

All books, records, and other information required to be kept. Signup and view all the answers

What is encouraged by OEE and the Office of Antiboycott Compliance when it comes to requests for producing books and records?

Voluntary cooperation. Signup and view all the answers

What is required for a mere preliminary inquiry or offer to do business and a negative response to constitute negotiations regarding export control matters?

Proposal of a transaction that a reasonably prudent exporter would believe leads to a violation Signup and view all the answers

Who is required to maintain and produce records according to the EAR?

Any U.S. person involved in any transaction described in the EAR Signup and view all the answers

What types of records are required to be retained under Part 762 of the EAR?

Export control documents, memoranda, notes, contracts, and more Signup and view all the answers

Who is responsible for retaining records as per the EAR?

The exporter or any party to the transaction Signup and view all the answers

Which of the following is NOT included in the type of records required to be retained under Part 762 of the EAR?

Government-issued licenses and authorizations Signup and view all the answers

What other parts, sections, or supplements of the EAR also require the retention of records?

Part 736, General Prohibitions Signup and view all the answers

What defines the responsibility for retaining records according to Part 762 of the EAR?

$762.1(b) Persons subject to this part Signup and view all the answers

What is necessary for an inquiry or offer to constitute negotiations for export control matters?

A proposal leading to a violation under EAA or EAR. Signup and view all the answers

What is the primary requirement for the system mentioned in the text?

To record all changes with details of who made them and when. Signup and view all the answers

What must the regulated person establish written procedures for?

Identifying individuals responsible for system operation. Signup and view all the answers

How long must all records required by the EAR be retained for?

5 years Signup and view all the answers

In systems based on photographic processes, what must the regulated person maintain?

A detailed index of all records arranged for immediate location. Signup and view all the answers

What criteria can a system based on digital images use to locate and reproduce all records relating to a specific transaction?

A document reference number on any original document. Signup and view all the answers

If a government agency requests certain records, can they be destroyed or disposed of without authorization?

Only with written authorization from the agency concerned. Signup and view all the answers

What must the system provide for digital images based on the text?

Accessibility to any digital image in the system. Signup and view all the answers

What is the purpose of establishing written procedures for inspection and quality assurance of records?

To ensure proper documentation and quality control of records. Signup and view all the answers

What must the system not allow once information is initially recorded?

Information alteration Signup and view all the answers

Which of the following is NOT considered an exempt record according to the provided text?

Warranty certificate for firearms controlled in ECCN 0A501.a and shotguns with barrel length less than 18 inches controlled in 0A502 Signup and view all the answers

Which of the following statements is TRUE about maintaining original records?

The regulated person must maintain the original records in the form in which they were received or created, unless certain conditions are met. Signup and view all the answers

Which of the following is a requirement for reproducing original records, according to the text?

The reproduction process must be able to reproduce all marks and information from both sides of paper documents in legible form. Signup and view all the answers

What is the definition of 'legible' and 'legibility' in the context of reproducing records?

The quality of a letter or numeral that enables the observer to identify it quickly and accurately. Signup and view all the answers

Which of the following statements is TRUE about documents issued by BIS in SNAP-R?

An electronically stored copy in a readable format or a paper print out is considered an original record. Signup and view all the answers

Which of the following records is listed as exempt from the recordkeeping requirement procedures?

Guarantee certificate Signup and view all the answers

Which of the following statements is FALSE about the requirements for reproducing original records?

The reproduction process must create a copy that is identical in size and color to the original record. Signup and view all the answers

Which of the following is NOT listed as an exempt record in the provided text?

Shipping invoice Signup and view all the answers

What is the purpose of the requirements for reproducing original records?

To ensure that the reproduced records are of high quality and can be easily read and understood. Signup and view all the answers

Which of the following statements is TRUE based on the information provided in the text?

The regulated person can maintain reproductions of original records if certain conditions are met. Signup and view all the answers

Study Notes

Department of Defense and Office of Foreign Assets Control (OFAC)

The Department of Defense and OFAC are involved in the regulation of exports to Libya.
Specific licenses are required for the export of certain items to Libya.
Records of these exports must be maintained, including:
- Date of export or reexport and related details.
- Description of items, including ECCN (Export Control Classification Number) and value.
- Description of proposed end-use and locations in Libya.
- Parties other than the specific OFAC licensee who may be given temporary access to the items.
- Date of consumption or destruction, reexport, or return to the United States.

Recordkeeping Requirements

Records must be maintained for 5 years from the latest of:
- Export from the United States.
- Known reexport, transfer, transshipment, or diversion.
- Termination of the transaction.
- Receipt of a boycott-related request or requirement.
Records must be produced and made available for inspection and copying upon request by an authorized official.
Destruction or disposal of records is prohibited without written authorization.

Scope of Recordkeeping

Records must be maintained for transactions involving:
- Restrictive trade practices or boycotts.
- Exports of commodities, software, or technology from the United States.
- Reexports, transfers, transshipments, or diversions of items exported from the United States.
- Transactions involving proliferation concern.

Persons Subject to Recordkeeping

Any person subject to the jurisdiction of the United States who participates in a transaction.
Any person in the United States or abroad who is required to make and maintain records under the EAR.

Exemptions from Recordkeeping

Certain types of records are exempt from the recordkeeping requirement, including:
- Export information page.
- Special export file list.
- Vessel log from freight forwarder.
- Inspection certificate.
- Warranty certificate (except for certain firearms).

Reproduction of Original Records

Original records may be reproduced using photographic, photostatic, miniature photographic, micrographic, or automated archival storage processes.
The reproduced records must be complete, accurate, legible, and durable.
The system used to reproduce records must be capable of reproducing all records on paper.
The system must record and reproduce all marks, information, and other characteristics of the original record.

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Description

This quiz covers the scope and transactions subject to the Export Administration Regulations (EAR), particularly focusing on recordkeeping provisions. Test your knowledge on export compliance with the EAR.