General Crimes Flashcards
AECA (Defense articles)
- 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)
EAA (commercial items)
- 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)
IEEPA (executive order)
- INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT
- authorizes issuances of sanctions in conjunction with declaration of national emergency
- Agency: OFAC (Office of Foreign Assets Control)
Essential elements of AECA:
- willfully
- exports
- an article listed on the munitions list
- WITHOUT A LICENSE
ITAR
- 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.
USML
- United States Munitions List
If an item is on the Commerce control list, then they need a _________ in order to export.
- license.
what are 3 export crimes?
- AECA
- EAA
- IEEPA
elements of a violation of IEEPA:
- knowing and willful
- covered transfer, export, import, travel transaction, or contract performance
- without US authorization
penalty for violation of IEEPA
- 1 million and 20 years
- civil fine: 250k
which agency has primary control over AECA?
- ODTC
- Office of Defense Trade Controls
what regulations control EAA?
- EAR
- Export Administration Regulations
21 USC 844 (Simple Possession)
- knowing or intentional
- possession of a
- controlled substance
penalty for simple possession:
- 1st offense - misdemeanor
- 2nd offense - felony
21 USC 841 (manufacture, distribution, or possession with intent to distribute)
- knowing or intentional
- possession of a
- controlled substance PLUS
a) manufacture
b) distribute
c) intent to distribute
penalty for 841:
- felony
21 USC 952 (importation of a controlled substance)
- knowing or intentionally
- BRINGING INTO the US
- a controlled substance
penalty for 952
- felony
21 USC 953 (exportation of a controlled substance)
- knowing or intentionally
- EXPORTING FROM the US
- a controlled substance
penalty for 953:
- felony
MDLEA
- Maritime Drug Law Enforcement Act
46 USC 70503 (manufacture, distribute, or possession on vessel)
- 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.
penalty for 70503:
- felony
vessels subject to US jurisdiction:
- 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)
