Empowered Official means a U.S. person who:
Is directly employed by the applicant or a subsidiary in a position having authority for policy or management within the applicant organization; and
Is legally empowered in writing by the applicant to sign license applications or other requests for approval on behalf of the applicant; and
Understands the provisions and requirements of the various export control statutes and regulations, and the criminal liability, civil liability and administrative penalties for violating the Arms Export Control Act and the International Traffic in Arms Regulations; and
Has the independent authority to:
Inquire into any aspect of a proposed export, temporary import, or brokering activity by the applicant;
Verify the legality of the transaction and the accuracy of the information to be submitted; and
Refuse to sign any license application or other request for approval without prejudice or other adverse recourse.
For the purposes of a broker who is a foreign person, the empowered official may be a foreign person who otherwise meets the criteria for an empowered official in paragraph (a) of this section.
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