Export Controls

Front 1

What are dual-use items?

Back 1

Exports of non-military godos, technology, or software that could enhance an adversary's weapons or capabilities to do harm.

Front 2

What is a Shipper's Export Declaration (SED)?

Back 2

Contains information concerning the parties to the transaction, descriptons of the merchandise, and license or license exception authorization.

Front 3

What is an "end-use" or "end-user" export control?

Back 3

Responsibility shifted to individual exporters who must assess the particular facts of their transaction.

Front 4

In what two ways do customer eligibility rules arise?

Back 4

1) Customer may be involved inproscribed activities (WMDs, etc.)
2) Customer may be on government's list of banned firms.

Front 5

What is a "knowledge based" control?

Back 5

Exporter must be aware of its customers activities. Willfully ignorant or "self blind" isn't good enough - must know their customer.

Front 6

In what cases does the US apply its export control laws to transactions which involve parties in third countries?

Back 6

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.

Front 7

What is Section 301 of the Trade Act of 1974?

Back 7

Allows US exporters to commence proceedings to sanction foreign governments that restrain exports.

Front 8

What is an export?

Back 8

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.

Front 9

What are four questions to ask to determine whether you need a commerce export license?

Back 9

1) What are you exporting?
2) WHere are you exporting?
3) Who will receive your item?
4) What will your item be used for?

Front 10

What four lists should you check to make sure your end user is not prohibited?

Back 10

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.

Front 11

What was the purpose of the Export Administration Act (EAA)?

Back 11

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.

Front 12

What does the EAR (Export Administration Regulations) regulate?

Back 12

The licensing of dual use goods.

Front 13

What are four limitations on the current multilateral export control regime system?

Back 13

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.

Front 14

What do re-export provisions do?

Back 14

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.