Podcast Beta
Questions and Answers
It is illegal to export any defense article or technical data from the United States without first obtaining the required license from the Directorate of Defense Trade Controls.
True
Reexporting any defense article from one foreign end-user to another does not require a license according to the subchapter.
False
Importing defense articles does not require a license as per the subchapter regulations.
False
Conspiring to export or import any defense article without a required license is considered legal under the subchapter regulations.
Signup and view all the answers
Possessing any defense article with the intent to export or transfer it in violation of specific regulations is against the law.
Signup and view all the answers
Exporting defense service without a license is allowed under certain exemptions according to the subchapter.
Signup and view all the answers
The Defense Security Service official may require the production of other irrelevant documents relating to a proposed export.
Signup and view all the answers
An attempt to export defense articles in violation of the provisions of this subchapter is not considered an offense punishable under section 401 of title 22 of the United States Code.
Signup and view all the answers
Temporary export or import license violations are not punishable offenses under section 401 of title 22 of the United States Code.
Signup and view all the answers
Administrative debarment under section 38 of the Arms Export Control Act generally lasts for five years.
Signup and view all the answers
Statutory debarment is solely based on the outcome of a civil proceeding.
Signup and view all the answers
Persons convicted of violating the Arms Export Control Act can automatically be reinstated without any request process.
Signup and view all the answers
The procedures outlined in part 128 of the subchapter do not apply to cases of statutory debarment.
Signup and view all the answers
Persons who have been debarred due to statutory reasons will have their names published in the Federal Register.
Signup and view all the answers
The Assistant Secretary of State for Political-Military Affairs cannot determine the appropriate period of time for administrative debarment.
Signup and view all the answers
An attempt to violate the conditions of a temporary export license does not constitute an offense punishable under section 401 of title 22 of the United States Code.
Signup and view all the answers
It is permissible to engage in brokering activities without registering or obtaining the required license or written approval.
Signup and view all the answers
Engaging in the business of manufacturing or exporting defense articles requires more than one occasion to comply with the registration requirements.
Signup and view all the answers
A person who is granted a license is not responsible for the acts of employees or authorized persons regarding the handling of defense articles abroad.
Signup and view all the answers
All persons abroad subject to U.S. jurisdiction are not bound by the regulations of this subchapter if they obtain custody of a defense article exported from the United States.
Signup and view all the answers
A person is ineligible to participate in any transaction involving defense articles if they have not disclosed facts to and received authorization from the Directorate of Defense Trade Controls.
Signup and view all the answers
Using an export control document containing a false statement for exporting defense articles is considered lawful under the regulations.
Signup and view all the answers
The regulations do not consider any omission of material fact in an export control document as a violation.
Signup and view all the answers
It is lawful to knowingly or willfully solicit the commission of acts prohibited by 22 U.S.C. 2778 or any related regulations.
Signup and view all the answers
A person can participate in transactions involving defense services without disclosing facts to and receiving written authorization from the Directorate of Defense Trade Controls.
Signup and view all the answers
Any individual found using export documents with false statements may receive benefits if indirectly involved in transactions related to defense articles.
Signup and view all the answers
An application for a permanent export, reexport, retransfer, or a temporary import license is not considered as an export or temporary import control document.
Signup and view all the answers
The Arms Export Control Act contains sections 38 and 40.
Signup and view all the answers
Making any untrue statement of a material fact or omitting a material fact required in a registration, license application, or report under the Arms Export Control Act can lead to fines but not imprisonment.
Signup and view all the answers
U.S. Immigration and Customs Enforcement officers do not have the authority to investigate, detain, or seize any export or attempted export of defense articles or technical data contrary to the regulations.
Signup and view all the answers
Customs officers may require the production of other relevant documents and information relating to final exports only if there is no license or written approval presented.
Signup and view all the answers
If an exemption is claimed for the export of defense articles, law enforcement officers cannot rely on any authorities to investigate the matter.
Signup and view all the answers
The Defense Security Service may take appropriate action to ensure compliance with the Department of Defense National Industrial Security Program Operating Manual, regardless of any conflicting guidance.
Signup and view all the answers
A bill-of-laiding is considered an export or temporary import control document under this subchapter.
Signup and view all the answers
A delivery verification document is not included as part of the export or temporary import control documents specified in this subchapter.
Signup and view all the answers
An electronic export information filing is not one of the documents listed under export or temporary import control documents in this subchapter.
Signup and view all the answers
A person who violates 22 U.S.C. 2778 can be debarred if the violation is of such a character that the Directorate of Defense Trade Controls believes the violator will comply with the regulation in the future.
Signup and view all the answers
A person who is ineligible due to violations can appeal to the Assistant Secretary of State for Political-Military Affairs for reconsideration.
Signup and view all the answers
Civil penalties imposed for violations can only be in addition to other liabilities or penalties; they cannot be imposed instead of other penalties.
Signup and view all the answers
The maximum civil penalty for a violation of 22 U.S.C. 2778 is $1,238,892 or twice the value of the transaction that caused the violation.
Signup and view all the answers
A debarment under § 127.7 can only be made applicable to related individuals by affiliation or ownership but not by any other commercial connection.
Signup and view all the answers
Orders debarring a person under § 127.7 are solely aimed at preventing evasion by that specific person; they cannot apply to other related individuals.
Signup and view all the answers
A civil penalty for a violation of 22 U.S.C. 2779a can reach a maximum of $1,224,787 or five times the amount of the prohibited incentive payment.
Signup and view all the answers
If a person is convicted of violating criminal statutes enumerated in § 120.6, they will be granted export licenses without any restrictions.
Signup and view all the answers
Appeals for reconsideration of ineligibility determinations are submitted using procedures specified in § 128.13.
Signup and view all the answers
Presumption of denial applies to persons convicted or deemed ineligible since June 30, 1976, under section 38 of the Arms Export Control Act.
Signup and view all the answers
An exception to the policy of the Department of State should always be considered when there are extraordinary circumstances surrounding a conviction.
Signup and view all the answers
The Directorate of Defense Trade Controls is required to give weight to the voluntary nature of a disclosure when considering administrative actions.
Signup and view all the answers
A proper license request is not a factor that the Directorate of Defense Trade Controls may consider when determining administrative actions.
Signup and view all the answers
Persons debarred under statutory debarment may utilize the procedures provided by paragraph (b) of this section.
Signup and view all the answers
Voluntary disclosures are not encouraged by the Department of State.
Signup and view all the answers
If a violation occurred due to lack of cooperation with the investigation, it may be considered a mitigating factor by the Directorate of Defense Trade Controls.
Signup and view all the answers
Improving an internal compliance program to reduce future violations is not taken into account as a mitigating factor by the Directorate of Defense Trade Controls.
Signup and view all the answers
Failure to report a violation may have no impact on U.S. national security and foreign policy interests.
Signup and view all the answers
Disclosure made without the full knowledge and authorization of senior management will still be deemed voluntary by the Directorate of Defense Trade Controls.
Signup and view all the answers
The provisions related to voluntary disclosures apply even after another agency commences an investigation involving the same information.
Signup and view all the answers
The provisions in this section create enforceable rights, benefits, privileges, or protection in civil, criminal, or administrative matters.
Signup and view all the answers
Applicants must explain in a letter to the Assistant Secretary of State why their application should be considered.
Signup and view all the answers
If the Directorate of Defense Trade Controls grants a license, subsequent applications from the same person must repeat all the information previously provided.
Signup and view all the answers
Persons are not obligated to inform the Directorate of Defense Trade Controls about the sale, export, or transfer of defense items to certain countries.
Signup and view all the answers
A full disclosure must be submitted within 30 calendar days if the initial notification lacks some required information.
Signup and view all the answers
The Assistant Secretary of State for Political-Military Affairs consults with other departments only if the application has no merit.
Signup and view all the answers
Anyone described in paragraph (a) who wishes to request consideration must write a letter to the Deputy Assistant Secretary of State for Defense Trade Controls.
Signup and view all the answers
An extension of time for providing a full disclosure can only be requested by a senior officer.
Signup and view all the answers
Failure to provide a full disclosure within reasonable time may lead to immediate legal action against the violator.
Signup and view all the answers
The Department may consider voluntary disclosures as a factor in determining criminal prosecution.
Signup and view all the answers
A thorough explanation of the circumstances surrounding the violation is not required in a voluntary disclosure.
Signup and view all the answers
In a voluntary disclosure, only the identities but not the addresses of persons involved in the violation need to be disclosed.
Signup and view all the answers
Corrective actions taken after a violation should not include new compliance initiatives to prevent future violations.
Signup and view all the answers
Conducting a thorough review of suspected export-related violations is not recommended after making a voluntary disclosure.
Signup and view all the answers
Oral presentations are generally considered necessary to enhance the written voluntary disclosure.
Signup and view all the answers
The certification submitted with a voluntary disclosure does not need to state the truthfulness of the representations.
Signup and view all the answers
If a violation reflects a systemic pattern or reveals the absence of an effective compliance program, only an empowered official can certify the voluntary disclosure.
Signup and view all the answers
Licensing documents, shipping documents, and end-user statements are examples of relevant documents that must accompany a written voluntary disclosure.
Signup and view all the answers
An empowered official is not authorized to execute certifications in connection with voluntary disclosures.
Signup and view all the answers
If requested, oral presentations can be included with written voluntary disclosures for better clarity.
Signup and view all the answers
