Podcast
Questions and Answers
Which transactions are subject to the recordkeeping provisions of this part?
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?
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?
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?
What type of transactions are specifically mentioned as subject to this part in the text?
Under which conditions would exports from the United States not be subject to recordkeeping provisions?
Under which conditions would exports from the United States not be subject to recordkeeping provisions?
What is a key criterion for determining export transactions subject to the EAR according to the text?
What is a key criterion for determining export transactions subject to the EAR according to the text?
Which of the following sections of the Export Administration Regulations (EAR) discusses the reporting requirements for the Wassenaar Arrangement?
Which of the following sections of the Export Administration Regulations (EAR) discusses the reporting requirements for the Wassenaar Arrangement?
What is the purpose of the requirement in §762.2(c)(1) regarding the record-keeping for exports to Libya?
What is the purpose of the requirement in §762.2(c)(1) regarding the record-keeping for exports to Libya?
Which of the following sections of the EAR discusses the requirements for the PRC End-User Statement?
Which of the following sections of the EAR discusses the requirements for the PRC End-User Statement?
Which section of the EAR discusses the requirements for the Automated Export System record?
Which section of the EAR discusses the requirements for the Automated Export System record?
Which section of the EAR discusses the requirements for the Security Safeguard Plan?
Which section of the EAR discusses the requirements for the Security Safeguard Plan?
What is the purpose of the requirement in §758.1(h) regarding the record and proof of agent's authority?
What is the purpose of the requirement in §758.1(h) regarding the record and proof of agent's authority?
Which section of the EAR discusses the requirements for the Destination control statements?
Which section of the EAR discusses the requirements for the Destination control statements?
Which section of the EAR discusses the requirements for the Firearms Convention (FC) Import Certificate?
Which section of the EAR discusses the requirements for the Firearms Convention (FC) Import Certificate?
Which section of the EAR discusses the requirements for the Statement by Ultimate Consignee and Purchaser?
Which section of the EAR discusses the requirements for the Statement by Ultimate Consignee and Purchaser?
Which section of the EAR discusses the requirements for the voluntary self-disclosure of violations?
Which section of the EAR discusses the requirements for the voluntary self-disclosure of violations?
In accordance with the EAR, who may be asked to produce books, records, and other information without any charge or expense to the official?
In accordance with the EAR, who may be asked to produce books, records, and other information without any charge or expense to the official?
What action can OEE and the Office of Antiboycott Compliance take if voluntary cooperation is not provided for producing records?
What action can OEE and the Office of Antiboycott Compliance take if voluntary cooperation is not provided for producing records?
Who may designate another official of the United States to exercise the authority under subsection (b) for persons located outside the United States?
Who may designate another official of the United States to exercise the authority under subsection (b) for persons located outside the United States?
What is the consequence if a person fails to comply with a subpoena issued by OEE or the Office of Antiboycott Compliance?
What is the consequence if a person fails to comply with a subpoena issued by OEE or the Office of Antiboycott Compliance?
What type of information must persons located outside of the United States produce when requested by an authorized BIS official?
What type of information must persons located outside of the United States produce when requested by an authorized BIS official?
What is encouraged by OEE and the Office of Antiboycott Compliance when it comes to requests for producing books and records?
What is encouraged by OEE and the Office of Antiboycott Compliance when it comes to requests for producing books and records?
What is required for a mere preliminary inquiry or offer to do business and a negative response to constitute negotiations regarding export control matters?
What is required for a mere preliminary inquiry or offer to do business and a negative response to constitute negotiations regarding export control matters?
Who is required to maintain and produce records according to the EAR?
Who is required to maintain and produce records according to the EAR?
What types of records are required to be retained under Part 762 of the EAR?
What types of records are required to be retained under Part 762 of the EAR?
Who is responsible for retaining records as per the EAR?
Who is responsible for retaining records as per the EAR?
Which of the following is NOT included in the type of records required to be retained under Part 762 of the EAR?
Which of the following is NOT included in the type of records required to be retained under Part 762 of the EAR?
What other parts, sections, or supplements of the EAR also require the retention of records?
What other parts, sections, or supplements of the EAR also require the retention of records?
What defines the responsibility for retaining records according to Part 762 of the EAR?
What defines the responsibility for retaining records according to Part 762 of the EAR?
What is necessary for an inquiry or offer to constitute negotiations for export control matters?
What is necessary for an inquiry or offer to constitute negotiations for export control matters?
What is the primary requirement for the system mentioned in the text?
What is the primary requirement for the system mentioned in the text?
What must the regulated person establish written procedures for?
What must the regulated person establish written procedures for?
How long must all records required by the EAR be retained for?
How long must all records required by the EAR be retained for?
In systems based on photographic processes, what must the regulated person maintain?
In systems based on photographic processes, what must the regulated person maintain?
What criteria can a system based on digital images use to locate and reproduce all records relating to a specific transaction?
What criteria can a system based on digital images use to locate and reproduce all records relating to a specific transaction?
If a government agency requests certain records, can they be destroyed or disposed of without authorization?
If a government agency requests certain records, can they be destroyed or disposed of without authorization?
What must the system provide for digital images based on the text?
What must the system provide for digital images based on the text?
What is the purpose of establishing written procedures for inspection and quality assurance of records?
What is the purpose of establishing written procedures for inspection and quality assurance of records?
What must the system not allow once information is initially recorded?
What must the system not allow once information is initially recorded?
Which of the following is NOT considered an exempt record according to the provided text?
Which of the following is NOT considered an exempt record according to the provided text?
Which of the following statements is TRUE about maintaining original records?
Which of the following statements is TRUE about maintaining original records?
Which of the following is a requirement for reproducing original records, according to the text?
Which of the following is a requirement for reproducing original records, according to the text?
What is the definition of 'legible' and 'legibility' in the context of reproducing records?
What is the definition of 'legible' and 'legibility' in the context of reproducing records?
Which of the following statements is TRUE about documents issued by BIS in SNAP-R?
Which of the following statements is TRUE about documents issued by BIS in SNAP-R?
Which of the following records is listed as exempt from the recordkeeping requirement procedures?
Which of the following records is listed as exempt from the recordkeeping requirement procedures?
Which of the following statements is FALSE about the requirements for reproducing original records?
Which of the following statements is FALSE about the requirements for reproducing original records?
Which of the following is NOT listed as an exempt record in the provided text?
Which of the following is NOT listed as an exempt record in the provided text?
What is the purpose of the requirements for reproducing original records?
What is the purpose of the requirements for reproducing original records?
Which of the following statements is TRUE based on the information provided in the text?
Which of the following statements is TRUE based on the information provided in the text?
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.
