27 C.F.R. Subpart F—Miscellaneous Provisions
Title 27 - Alcohol, Tobacco Products and Firearms
Pursuant to agreement with the United States, certain foreign countries are entitled to request certification of legality of importation of articles on the U.S. Munitions Import List. Upon request of a foreign government, the appropriate ATF officer will certify the importation, on Form ITA–645P/ATF–4522/DSP53, for the U.S. importer. Normally, the U.S. importer will submit this form at the time he applies for an import permit. This document will serve as evidence to the government of the exporting company that the U.S. importer has complied with import regulations of the U.S. Government and is prohibited from diverting, transshipping, or reexporting the material described therein without the approval of the U.S. Government. Foreign governments may also require documentation attesting to the delivery of the material into the United States. When such delivery certification is requested by a foreign government, the U.S. importer may obtain directly from the U.S. District Director of Customs the authenticated Delivery Verification Certificate (U.S. Department of Commerce Form ITA–647P) for this purpose. [T.D. ATF–215, 50 FR 42162, Oct. 18, 1985, as amended by T.D. ATF–484, 67 FR 64526, Oct. 21, 2002] (a) It is the policy of the United States to deny licenses and other approvals with respect to defense articles and defense services originating in certain countries or areas. This policy applies to Cuba, Iran, Iraq, Libya, Mongolia, North Korea, Sudan, Syria, Vietnam, and some of the states that comprised the former Soviet Union (Armenia, Azerbaijan, Belarus, and Tajikistan). This policy applies to countries or areas with respect to which the United States maintains an arms embargo (e.g., Burma, China, the Federal Republic of Yugoslavia (Serbia and Montenegro), Haiti, Liberia, Rwanda, Somalia, Sudan, UNITA (Angola), and Zaire). It also applies when an import would not be in furtherance of world peace and the security and foreign policy of the United States. Note: Changes in foreign policy may result in additions to and deletions from the above list of countries. The ATF will publish changes to this list in the (b) Notwithstanding paragraph (a) of this section, the appropriate ATF officer shall deny applications to import into the United States the following firearms and ammunition: (1) Any firearm located or manufactured in Georgia, Kazakstan, Kyrgyzstan, Moldova, Russian Federation, Turkmenistan, Ukraine, or Uzbekistan, and any firearm previously manufactured in the Soviet Union, that is not one of the models listed below: (i) Pistols/Revolvers: (A) German Model P08 Pistol. (B) IZH 34M, .22 caliber Target Pistol. (C) IZH 35M, .22 caliber Target Pistol. (D) Mauser Model 1896 Pistol. (E) MC–57–1 Pistol. (F) MC–1–5 Pistol. (G) Polish Vis Model 35 Pistol. (H) Soviet Nagant Revolver. (I) TOZ 35, .22 caliber Target Pistol. (ii) Rifles: (A) BARS–4 Bolt Action Carbine. (B) Biathlon Target Rifle, .22LR caliber. (C) British Enfield Rifle. (D) CM2, .22 caliber Target Rifle (also known as SM2, 22 caliber). (E) German Model 98K Rifle. (F) German Model G41 Rifle. (G) German Model G43 Rifle. (H) IZH–94. (I) LOS–7 Bolt Action Rifle. (J) MC–7–07. (K) MC–18–3. (L) MC–19–07. (M) MC–105–01. (N) MC–112–02. (O) MC–113–02. (P) MC–115–1. (Q) MC–125/127. (R) MC–126. (S) MC–128. (T) Saiga Rifle. (U) Soviet Model 38 Carbine. (V) Soviet Model 44 Carbine. (W) Soviet Model 91/30 Rifle. (X) TOZ 18, .22 caliber Bolt Action Rifle. (Y) TOZ 55. (Z) TOZ 78. (AA) Ural Target Rifle, .22LR caliber. (BB) VEPR Rifle. (CC) Winchester Model 1895, Russian Model Rifle; (2) Ammunition located or manufactured in Georgia, Kazakstan, Kyrgyzstan, Moldova, Russian Federation, Turkmenistan, Ukraine, or Uzbekistan, and ammunition previously manufactured in the Soviet Union, that is 7.62×25mm caliber (also known as 7.63×25mm caliber or .30 Mauser); or (3) A type of firearm the manufacture of which began after February 9, 1996. (c) The provisions of paragraph (b) of this section shall not affect the fulfillment of contracts with respect to firearms or ammunition entered or withdrawn from warehouse for consumption in the United States on or before February 9, 1996. (d) A defense article authorized for importation under this part may not be shipped on a vessel, aircraft or other means or conveyance which is owned or operated by, or leased to or from, any of the countries or areas covered by paragraph (a) of this section. (e) Applications for permits to import articles that were manufactured in, or have been in, a country or area proscribed under this section may be approved where the articles are covered by Category I(a) of the Import List (other than those subject to the provisions of 27 CFR Part 479), are importable as curios or relics under the provisions of 27 CFR 478.118, and meet the following criteria: (1) The articles were manufactured in a proscribed country or area prior to the date, as established by the Department of State, the country or area became proscribed, or, were manufactured in a non-proscribed country or area; and (2) The articles have been stored for the five year period immediately prior to importation in a non-proscribed country or area. (f) Applicants desiring to import articles claimed to meet the criteria specified in paragraph (e) of this section shall explain, and certify to, how the firearms meet the criteria. The certification statement will be prepared in letter form, executed under the penalties of perjury, and should be submitted with the application for an import permit. The certification statement must be accompanied by documentary information on the country or area of original manufacture and on the country or area of storage for the five year period immediately prior to importation. Such information may, for example, include a verifiable statement in the English language of a government official or any other person having knowledge of the date and place of manufacture and/or the place of storage; a warehouse receipt or other document which provides the required history of storage; and any other document that the applicant believes substantiates the place and date of manufacture and the place of storage. The appropriate ATF officer, however, reserves the right to determine whether documentation is acceptable. Applicants shall, when required by the appropriate ATF officer, furnish additional documentation as may be necessary to determine whether an import permit application should be approved. [T.D. ATF–202, 50 FR 14382, Apr. 12, 1985, as amended by T.D. ATF–215, 50 FR 42162, Oct. 18, 1985; T.D. ATF–287, 54 FR 13681, Apr. 5, 1989; T.D. ATF–323, 57 FR 24189, June 8, 1992; T.D. ATF–349, 58 FR 47831, Sept. 13, 1993; T.D. ATF–367, 60 FR 47866, Sept. 15, 1995; T.D. ATF–396, 62 FR 61234, Nov. 17, 1997; T.D. ATF–484, 67 FR 64526, Oct. 21, 2002] (a) The provisions of this part are not applicable to: (1) Importations by the United States or any agency thereof; (2) Importation of components for items being manufactured under contract for the Department of Defense; or (3) Importation of articles (other than those which would be “firearms” as defined in 18 U.S.C. 921(a)(3) manufactured in foreign countries for persons in the United States pursuant to Department of State approval. (b) Any person seeking to import articles on the U.S. Munitions Import List as exempt under paragraph (a)(2) or (3) of this section may obtain release of such articles from Customs custody by submitting, to the Customs officer with authority to release, a statement claiming the exemption accompanied by satisfactory proof of eligibility. Such proof may be in the form of a letter from the Department of Defense or State, as the case may be, confirming that the conditions of the exemption are met. [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as amended by T.D. ATF–215, 50 FR 42162, Oct. 18, 1985] The functions conferred under section 38, Arms Export Control Act of 1976, as amended, are excluded from the operation of Chapter 5, Title 5, United States Code, with respect to Rule Making and Adjudication, 5 U.S.C. 553 and 554. [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as amended by T.D. ATF–215, 50 FR 42162, Oct. 18, 1985] The administration of the provisions of this part will be subject to the guidance of the Secretaries of State and Defense on matters affecting world peace and the external security and foreign policy of the United States. (a) Officers of the U.S. Customs Service are authorized to take appropriate action to assure compliance with this part and with 27 CFR Parts 478 and 479 as to the importation or attempted importation of articles on the U.S. Munitions Import List, whether or not authorized by permit. (b) Upon the presentation to him of a permit or written approval authorizing importation of articles on the U.S. Munitions Import List, the Customs officer who has authority to release same may require, in addition to such documents as may be required by Customs regulations, the production of other relevant documents relating to the proposed importation, including, but not limited to, invoices, orders, packing lists, shipping documents, correspondence, and instructions. [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as amended by T.D. ATF–215, 50 FR 42162, Oct. 18, 1985] (a)(1) Notwithstanding any other provision of this part or of parts 478 or 479 of this chapter, no military defense article of United States manufacture may be imported into the United States if such article was furnished to a foreign government under a foreign assistance or foreign military sales program of the United States. (2) The restrictions in paragraph (a)(1) of this section cover defense articles which are advanced in value or improved in condition in a foreign country, but do not include those which have been substantially transformed as to become, in effect, articles of foreign manufacture. (b) Paragraph (a) of this section will not apply if: (1) The applicant submits with the ATF Form 6—Part I application written authorization from the Department of State to import the defense article; and (2) In the case of firearms, such firearms are curios or relics under 18 U.S.C. 925(e) and the person seeking to import such firearms provides a certification of a foreign government that the firearms were furnished to such government under a foreign assistance or foreign military sales program of the United States and that the firearms are owned by such foreign government. (See §478.118 of this chapter providing for the importation of certain curio or relic handguns, rifles and shotguns.) (c) For the purpose of this section, the term “military defense article” includes all defense articles furnished to foreign governments under a foreign assistance or foreign military sales program of the United States as set forth in paragraph (a) of this section. [T.D. ATF–287, 54 FR 13681, Apr. 5, 1989, as amended by T.D. ATF–393, 62 FR 61235, Nov. 17, 1997; T.D. ATF–426, 65 FR 38198, June 20, 2000] The regulatory authorities of the Director contained in this part are delegated to appropriate ATF officers. These ATF officers are specified in ATF O 1130.34, Delegation of the Director's Authorities in 27 CFR Part 447. ATF delegation orders, such as ATF O 1130.34, are available to any interested party by mailing a request to the ATF Distribution Center, PO Box 5950, Springfield, VA 22150–5950, or by accessing the ATF Web site http://www.atf.treas.gov/. [T.D. ATF–484, 67 FR 64526, Oct. 21, 2002]
Title 27: Alcohol, Tobacco and Firearms
PART 447—IMPORTATION OF ARMS, AMMUNITION AND IMPLEMENTS OF WAR
Subpart F—Miscellaneous Provisions
§ 447.51 Import certification and delivery verification.
§ 447.52 Import restrictions applicable to certain countries.
§ 447.53 Exemptions.
§ 447.54 Administrative procedures inapplicable.
§ 447.55 Departments of State and Defense consulted.
§ 447.56 Authority of Customs officers.
§ 447.57 U.S. military defense articles.
§ 447.58 Delegations of the Director.
