General Crimes Flashcards

1
Q

AECA (Defense articles)

A
  • ARMS EXPORTS CONTROL ACT
  • regulates export of defense articles and services
  • Regulated by: ITAR (International Trafficking in Arms Regulations)
  • Agency: ODTC (Office of Defense Trade Controls)
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2
Q

EAA (commercial items)

A
  • EXPORT ADMINISTRATION ACT
  • regulates export of commercial items and DUAL USE items
  • Regulated by: EAR (Export Administration Regulations)
  • Agency: BIS (Bureau of Industry and Security)
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3
Q

IEEPA (executive order)

A
  • INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT
  • authorizes issuances of sanctions in conjunction with declaration of national emergency
  • Agency: OFAC (Office of Foreign Assets Control)
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4
Q

Essential elements of AECA:

A
  • willfully
  • exports
  • an article listed on the munitions list
  • WITHOUT A LICENSE
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5
Q

ITAR

A
  • INTERNATIONAL TRAFFIC IN ARMS REGULATIONS
  • specific definition of what constitutes the export of an item.
  • ex: sending or taking defense articles out of the US in any manner.
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6
Q

USML

A
  • United States Munitions List
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7
Q

If an item is on the Commerce control list, then they need a _________ in order to export.

A
  • license.
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8
Q

what are 3 export crimes?

A
  • AECA
  • EAA
  • IEEPA
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9
Q

elements of a violation of IEEPA:

A
  • knowing and willful
  • covered transfer, export, import, travel transaction, or contract performance
  • without US authorization
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10
Q

penalty for violation of IEEPA

A
  • 1 million and 20 years

- civil fine: 250k

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11
Q

which agency has primary control over AECA?

A
  • ODTC

- Office of Defense Trade Controls

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12
Q

what regulations control EAA?

A
  • EAR

- Export Administration Regulations

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13
Q

21 USC 844 (Simple Possession)

A
  • knowing or intentional
  • possession of a
  • controlled substance
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14
Q

penalty for simple possession:

A
  • 1st offense - misdemeanor

- 2nd offense - felony

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15
Q

21 USC 841 (manufacture, distribution, or possession with intent to distribute)

A
  • knowing or intentional
  • possession of a
  • controlled substance PLUS
    a) manufacture
    b) distribute
    c) intent to distribute
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16
Q

penalty for 841:

A
  • felony
17
Q

21 USC 952 (importation of a controlled substance)

A
  • knowing or intentionally
  • BRINGING INTO the US
  • a controlled substance
18
Q

penalty for 952

A
  • felony
19
Q

21 USC 953 (exportation of a controlled substance)

A
  • knowing or intentionally
  • EXPORTING FROM the US
  • a controlled substance
20
Q

penalty for 953:

A
  • felony
21
Q

MDLEA

A
  • Maritime Drug Law Enforcement Act
22
Q

46 USC 70503 (manufacture, distribute, or possession on vessel)

A
  • knowingly or intentionally
  • manufacture or distribute, or possess with intent to manufacture or distribute
  • a controlled substance
  • ANY PERSON ON BOARD A US VESSEL OR VESSEL SUBJECT TO US JURISDICTION
    OR
    US RESIDENT ALIEN ON BOARD ANY VESSEL.
23
Q

penalty for 70503:

A
  • felony
24
Q

vessels subject to US jurisdiction:

A
  • vessel without nationality (pirate)
  • stateless vessel (2 diff flags)
  • foreign registered vessel who grants consent (except if in foreign waters)
  • vessel in US customs waters
  • vessel in foreign nations waters and that nation grants consent
  • vessel in US contiguous zone (has to be entering, departing, or a hovering vessel)