22 cfr 127
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Questions and Answers

What action is considered unlawful according to §127.1(a)(3)?

  • Importing defense articles without a license (correct)
  • Possessing defense articles for personal use
  • Exporting defense articles without a license
  • Conspiring to export defense articles

Which of the following activities violates §127.1(a)(1)?

  • Exporting defense articles without a license (correct)
  • Reexporting defense articles without permission
  • Conspiring to import defense articles
  • Attempting to furnish defense services without approval

What is prohibited by §127.1(a)(4) of the text?

  • Possessing defense articles for personal use
  • Importing defense articles legally
  • Exporting defense articles with proper approval
  • Conspiring to export or import defense articles (correct)

What is the consequence of possessing a defense article with intent to export it?

<p>Violation of regulations and laws (A)</p> Signup and view all the answers

Under what circumstances is reexporting a defense article considered unlawful? (§127.1(a)(2))

<p>When reexported without proper authorization (B)</p> Signup and view all the answers

What is the main theme of §127.1 of the text?

<p>Control of military technology transfer (B)</p> Signup and view all the answers

What is required when applying for a temporary export under this subchapter?

<p>Application for registration (C)</p> Signup and view all the answers

Which document may U.S. Customs and Border Protection officers require upon the presentation of a license approving the export of a defense article?

<p>Packing list (B)</p> Signup and view all the answers

What action may U.S. Immigration and Customs Enforcement officers take to ensure compliance with the subchapter regarding defense articles or technical data?

<p>Investigate, detain or seize any export (A)</p> Signup and view all the answers

Which department is authorized to ensure compliance with the Department of Defense National Industrial Security Program Operating Manual for exports involving classified technical data?

<p>Defense Security Service (C)</p> Signup and view all the answers

What penalties can a person face upon conviction for making untrue statements in registration, license applications, or reports required by the Arms Export Control Act?

<p>$300 fine, imprisonment, or both (B)</p> Signup and view all the answers

What type of documents may U.S. Customs and Border Protection officers request to be produced when a license authorizing an export of defense articles is presented?

<p>Invoice, order, and packing list (C)</p> Signup and view all the answers

Who has the authority to investigate, detain or seize any export or attempted export of defense articles or technical data contrary to this subchapter?

<p>Both U.S.Immigration and Customs Enforcement and U.S. Customs and Border Protection officers (B)</p> Signup and view all the answers

Which document is required in relation to a defense service or brokering activity regulated by this subchapter?

<p>Nontransfer and use certificate (C)</p> Signup and view all the answers

What action can U.S.Immigration and Customs Enforcement officers take regarding loading or unloading of vessels, vehicles, or aircraft?

<p>Take appropriate action to ensure observance of the subchapter (B)</p> Signup and view all the answers

Who may rely on additional authorities to investigate matters involving exemptions under this subchapter?

<p>Law enforcement officers generally (D)</p> Signup and view all the answers

What is required before engaging in the business of brokering activities according to the subchapter?

<p>Complying with the registration requirements (A)</p> Signup and view all the answers

Who is responsible for the acts of employees and agents regarding the handling of defense articles abroad?

<p>The person granted a license or other approval under the subchapter (C)</p> Signup and view all the answers

What does it mean to engage in the business of manufacturing or exporting defense articles according to the subchapter?

<p>Manufacturing or exporting a single defense article (B)</p> Signup and view all the answers

What is prohibited regarding ineligible persons under the subchapter?

<p>Participating in any transaction involving defense articles without written authorization (B)</p> Signup and view all the answers

Which act is considered unlawful under §127.2 of this subchapter?

<p>Using an export control document with false information for exporting defense articles (D)</p> Signup and view all the answers

When is a person considered engaging in the business of brokering activities?

<p>After one occasion of engaging in a brokering activity as per §129.2(b) (A)</p> Signup and view all the answers

What constitutes an offense punishable under section 401 of title 22 of the United States Code?

<p>Attempt to export defense articles in violation of the provisions of the subchapter (B)</p> Signup and view all the answers

Who may debar and prohibit any person from participating in activities subject to the subchapter?

<p>The Assistant Secretary of State for Political-Military Affairs (D)</p> Signup and view all the answers

What is the appropriate period of time for administrative debarment in most cases?

<p>Three years (B)</p> Signup and view all the answers

Statutory debarment is based on what specific criterion?

<p>Conviction for violating the Arms Export Control Act (D)</p> Signup and view all the answers

What is required before engaging in any activities subject to this subchapter after being debarred?

<p>Submission of a request for reinstatement and approval (C)</p> Signup and view all the answers

In what circumstances does an attempt to violate conditions under a temporary export or import license constitute an offense?

<p>Whenever it is known or believed to be an illegal export (D)</p> Signup and view all the answers

What determines the appropriate period for administrative debarment?

<p>'Part 128' procedures (B)</p> Signup and view all the answers

Who enforces debarment for violations related to the Arms Export Control Act?

<p>'Part 128' administrators (D)</p> Signup and view all the answers

What is the policy regarding applications or approvals involving a person convicted of violating the Arms Export Control Act?

<p>'Part 130' prohibits consideration for a period after conviction. (D)</p> Signup and view all the answers

What must an applicant demonstrate to the Assistant Secretary of State for Political-Military Affairs in order for an exception to the denial policy to be considered?

<p>Taking appropriate steps to mitigate concerns and deal with the causes of the conviction or ineligibility. (B)</p> Signup and view all the answers

What action does the Department of State strongly encourage regarding potential violations of export control provisions?

<p>Reporting violations voluntarily to the Directorate of Defense Trade Controls. (B)</p> Signup and view all the answers

What are the limitations regarding voluntary disclosures relating to export control provisions?

<p>Limitations apply when information is provided before any other agency starts investigating. (A)</p> Signup and view all the answers

Who should a debarred person contact regarding potential consideration of their application?

<p>Deputy Assistant Secretary of State for Defense Trade Controls. (A)</p> Signup and view all the answers

When should subsequent applications from the same person refer back to a favorable decision instead of repeating information?

<p>After being granted a license or other approval. (C)</p> Signup and view all the answers

What is considered an adverse factor in determining the appropriate disposition of export control violations?

<p>Failure to report a violation. (A)</p> Signup and view all the answers

If a person is debarred, which procedures can they utilize?

<p>$127.7(d) procedures. (C)</p> Signup and view all the answers

What happens if an individual believes they may have violated an export control provision of the Arms Export Control Act?

<p>'They must report the violation voluntarily to the Directorate of Defense Trade Controls.' (C)</p> Signup and view all the answers

'Persons debarred pursuant to §127.7(b) may not utilize which procedures?'

<p>$127.12 Voluntary disclosures procedures. (C)</p> Signup and view all the answers

'What is one action that may be taken if an individual fails to report a violation?'

<p>'Circumstances that are detrimental to U.S. national security and foreign policy interests may result.' (B)</p> Signup and view all the answers

What is the basis for administrative debarment according to the text?

<p>Violating 22 U.S.C. 2778 with a reasonable basis for future non-compliance (C)</p> Signup and view all the answers

Who can a person appeal to for reconsideration of an ineligibility determination?

<p>Under Secretary of State for Arms Control and International Security (B)</p> Signup and view all the answers

Under what conditions can orders debarring a person be made applicable to another person?

<p>If they are affiliated, owned, controlled, or have commercial connections (C)</p> Signup and view all the answers

What is the maximum civil penalty for a violation of 22 U.S.C. 2779a?

<p>$1,028,998 (C)</p> Signup and view all the answers

What is a possible prior condition for the issuance of an export license according to the text?

<p>Paying a fine under this section (C)</p> Signup and view all the answers

What establishes a presumption of denial for licenses or approvals in the case of past violations?

<p>Being convicted of violating U.S. criminal statutes (B)</p> Signup and view all the answers

What does the Directorate of Defense Trade Controls have the sole discretion to consider as a mitigating factor in determining administrative action?

<p>Whether the transaction would have been authorized with a proper license request (D)</p> Signup and view all the answers

What condition must be met for a notification to qualify as a voluntary disclosure?

<p>It must contain all required information as outlined by the Directorate of Defense Trade Controls (B)</p> Signup and view all the answers

Who may request an extension of time in writing if a full disclosure cannot be provided within 60 calendar days of the initial notification?

<p>An empowered official or senior officer (C)</p> Signup and view all the answers

What may happen if a full disclosure is not provided within a reasonable time after an extension is granted?

<p>A decision by the Directorate of Defense Trade Controls not to consider the notification as voluntary (D)</p> Signup and view all the answers

What must a notification of a violation include?

<p>A precise description of the nature and extent of the violation (C)</p> Signup and view all the answers

Which factor is NOT considered by the Directorate of Defense Trade Controls when determining administrative action?

<p>The number of employees in the violating company (B)</p> Signup and view all the answers

When should a person wanting to disclose information initially notify the Directorate of Defense Trade Controls?

<p>Immediately after discovering a violation (C)</p> Signup and view all the answers

What is required before the Directorate of Defense Trade Controls may approve an extension of time for providing a full disclosure?

<p>A certification in writing that the full disclosure will be provided within a specific time period (D)</p> Signup and view all the answers

What is NOT covered or granted by the provisions in this section?

<p>Confidentiality for those making voluntary disclosures (D)</p> Signup and view all the answers

What will happen if all required information is not included in an initial notification?

<p>A full disclosure must be submitted within 60 calendar days or it will not qualify as voluntary disclosure (C)</p> Signup and view all the answers

What is one of the factors to be considered in a voluntary disclosure of an export violation?

<p>The corrective actions taken to prevent future violations (B)</p> Signup and view all the answers

Who is authorized to execute certifications in connection with a voluntary disclosure?

<p>Members of the board of directors (C)</p> Signup and view all the answers

What type of documents should accompany a written disclosure of an export violation?

<p>Relevant licensing documents and shipping papers (B)</p> Signup and view all the answers

When should a thorough review of export-related transactions be conducted?

<p>Immediately when a possible violation is suspected (C)</p> Signup and view all the answers

Who should be the point of contact in a voluntary disclosure for providing further information if needed?

<p>The CEO of the company (D)</p> Signup and view all the answers

What category should include a product's quantity and characteristics for a voluntary disclosure?

<p>U.S. Munitions List category (D)</p> Signup and view all the answers

If a violation reflects the absence of an effective compliance program, who may be required to make the certification in a voluntary disclosure?

<p>A senior officer from the company (D)</p> Signup and view all the answers

When is an oral presentation generally considered necessary in a voluntary disclosure?

<p>Oral presentation is generally not necessary (B)</p> Signup and view all the answers

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