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14 Cards in this Set
- Front
- Back
What are dual-use items?
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Exports of non-military godos, technology, or software that could enhance an adversary's weapons or capabilities to do harm.
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What is a Shipper's Export Declaration (SED)?
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Contains information concerning the parties to the transaction, descriptons of the merchandise, and license or license exception authorization.
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What is an "end-use" or "end-user" export control?
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Responsibility shifted to individual exporters who must assess the particular facts of their transaction.
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In what two ways do customer eligibility rules arise?
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1) Customer may be involved inproscribed activities (WMDs, etc.)
2) Customer may be on government's list of banned firms. |
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What is a "knowledge based" control?
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Exporter must be aware of its customers activities. Willfully ignorant or "self blind" isn't good enough - must know their customer.
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In what cases does the US apply its export control laws to transactions which involve parties in third countries?
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1) US attempts to control goods exported fromthe US to a foreign nation which are to be re-exported to a second foreign nation.
2) tries to control goods manufactured by a US controlled subsidiary which is located in one foreign nation which re destined to be exported to a second foreign nation. |
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What is Section 301 of the Trade Act of 1974?
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Allows US exporters to commence proceedings to sanction foreign governments that restrain exports.
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What is an export?
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Any item that is sent from the US to a foreign destination. How an item is transported does not matter in determining export license requirements.
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What are four questions to ask to determine whether you need a commerce export license?
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1) What are you exporting?
2) WHere are you exporting? 3) Who will receive your item? 4) What will your item be used for? |
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What four lists should you check to make sure your end user is not prohibited?
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1) Entity List - EAR Part 744, Supplement 4.
2) Treasury Dept. Specially Designated Nationals and Blocked Persons List - EAR Part 764 3) The Univerified LIst (firms for which BIS was unable to complete end-use check) 4) Denied persons list. |
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What was the purpose of the Export Administration Act (EAA)?
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to restrict the export of goods and technology which would make a contribution to the military capacties of nations posing a threat to the US.
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What does the EAR (Export Administration Regulations) regulate?
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The licensing of dual use goods.
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What are four limitations on the current multilateral export control regime system?
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1) Regime effectiveness - lack of compliance with rules
2) Structural problems - not mandated to deal with international terrorism. 3) Informality - no legally binding character, lack of consensus re: regimes regarding end users of concern. 4) Consensus rules - regime action can be held up by one dissenting member. |
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What do re-export provisions do?
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Create controls based on the "nationality" of the goods that are the subject of transaction. Applies to transactions abroad containing a % US parts and to foreign-produced "direct products" of certain US technology, even when they consist entirely of foreign parts.
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