BATF Stretching Import Ban
http://www.nealknox.com/alerts/msg00325.html
Subject: BATF Stretching Import Ban
From: neal@nealknox.com (Neal Knox)
Date: Sat, 26 Aug 2000 21:37:43 EDT
August 26 Neal Knox Report -- On June 26 BATF issued sweeping
new gun import regulations -- without notice or comment period --
as a result of an Executive Order by President Clinton to make U.S.
imports and exports comply with a Organization of American States
"arms trafficking" agreement.
Last week Century Arms bitterly complained on its web page
that "a legal committee at B.A.T.F. effectively banned an entire
class of previously importable firearms."
Those are unrelated high-handed actions.
The Century post listed several military-look semi-auto rifles that would
not be available after inventory is depleted and added: "Garand
rifles and parts for Garand rifles are no longer importable. Once
we are out of our inventory they will no longer be available in the
United States."
That's not correct, for several companies are making Garand receivers
and some are making their barrels in the U.S., but under BATF's latest
ploy they wouldn't be importable -- if they can make it stick.
I called Century to find out what was going on and was told
only that "our sources" had given them that information. I checked
with other importers who knew nothing about it.
Then I talked to the owner of Century who said he had been
informed that BATF had decided that no receivers, barrels or frames
could be imported if the completed gun could not be imported.
He wouldn't discuss BATF's rationale, only declaring "BATF is
the law." When I told him they aren't, he said they have the
President on their side. Well, yes, but the President isn't the
law either.
This morning I finally found out what this is all about.
According to a formerly high-ranking Treasury official, on
August 16 BATF gave a letter ruling to Century in which they "took
the position that rifle barrels and receivers are not importable
under 18 U.S.C. 925(d)(3) if they are 'primarily designed' to be
assembled into nonsporting, nonimportable firearms."
BATF has simply "reinterpreted" the law. Previously that
section had been "interpreted" to apply only to handgun barrels,
receivers or frames. That's what Congress intended, as the
legislative history makes clear.
A half-dozen years ago BATF tried to expand that section and
ran into a hornet's nest of protests. To prevent such complaints
to Congress, BATF plans to allow all approved import permits to be
filled, but there'll be no more -- so I understand, though they
haven't yet released the Century Arms letter.
Since the M1 Garand is a sporting rifle -- still a favorite at
Camp Perry -- and doesn't fit Feinstein's definition of "assault
rifle" because it has an internal, 8-round magazine, I believe the only
reason that it can't be imported is that it cannot be proved
whether a particular gun was given to a foreign government under the World War
II "Lend Lease" program.
I object mightily to BATF making law by fiat, and to Bill
Clinton doing it by Executive Order -- as the Washington Post
reports that he intends to do, in every way possible, before he
leaves office.
>>>>>>>>>>
OPEN LETTER TO FEDERALLY LICENSED FIREARMS IMPORTERS
AND REGISTERED IMPORTERS OF U.S. MUNITIONS IMPORT LIST ARTICLES
June 26, 2000
NOTE: Copy of Open Letter is being mailed to all importers the week of July 9, 2000
The Bureau of Alcohol, Tobacco and Firearms (ATF) is committed to keeping industry members informed of regulatory
and statutory developments that affect them. In furtherance of this
commitment, we have prepared this open letter, which contains information about recent changes which may affect your
day-to-day operations and/or long range plans. We hope you find this
letter helpful in your business pursuits. Some of the changes will also be announced through other channels, such as
the Federal Register and ATF’s Internet site,
www.atf.treas.gov.
CICAD Model Regulations
On April 18, 1998, at the second Summit of the Americas held in Santiago, Chile, President Clinton announced that the
United States would issue regulations implementing the "Model
Regulations for the Control of the International Movement of Firearms, Their Parts and Components, and Ammunition"
(the Model Regulations). The Model Regulations were drafted by the
Inter-American Drug Abuse Control Commission ("CICAD") at the request of the Organization of American States. The
purpose of the regulations is to provide standardized procedures for the
international movement of firearms, their parts and components, and ammunition so as to prevent illegal trafficking in
these items.
To further these objectives, the President directed the U.S. Secretaries of State, Commerce, and Treasury to implement
the Model Regulations. In response to the President’s directive, on April
12, 1999, the Department of State published in the Federal Register amendments to the International Traffic in Arms
Regulations (64 FR 17531). The Department of Commerce published its
amended regulations in the Federal Register on April 13, 1999 (64 FR 17968). Now, through a final rule published June
20, 2000, in the Federal Register, ATF is amending its regulations and
affected forms to comply with the Model Regulations. Changes made by this final rule were effective upon publication
and include:
Inclusion of final recipient information on import permit applications (ATF Forms 6).
Presentation of an export license to U.S. Customs to effect the release of firearms, firearms parts, and ammunition.
The requirement to present an export license is in addition to
the ATF Forms 6 and 6A already required. If the exporting country does not issue export licenses, the importer instead
must present a certification, under penalty of perjury, to
that effect.
Open Letter to Federally Licensed Firearms Importers
This requirement applies only to commercial (i.e., imports by licensed and/or registered importers for purposes of
resale) importations of firearms, firearms parts, and
ammunition.
Reduction of the value of parts and components that may be imported without a permit from $500 to $100.
Technical and Conforming Amendments to Import Regulations
We have identified several amendments and conforming changes to the regulations that are needed to provide
uniformity in Title 27, Code of Federal Regulations. These amendments to 27
CFR Parts 47 and 178 were published in the Federal Register along with the CICAD amendments. They merely improve
the clarity of the regulations, simplify regulatory requirements, or
implement foreign policy as directed by the Department of State. The amendments are as follows:
Certification of Foreign Origin on ATF Form 6. At the request of the Department of State, ATF will add a new Item 9 to
ATF Form 6, which asks the applicant to certify the origin
of articles intended for importation. The change will be set forth in 27 CFR 47.42(a).
Ordinarily, applicants will check the blocks in Item 9a if the articles sought for importation were produced for the civilian
market and were not associated with the U.S. military or
manufactured abroad under a technical assistance agreement or technical data packet provided under a Department of
State export license.
Applicants should check the block in Item 9b if the articles were manufactured by or for the U.S. military or if the the
articles were manufactured abroad under a technical
assistance agreement or technical data packet provided under a Department of State export license.
Limited importation of U.S. Government granted or sold defense articles on the United States Munitions List. By letter
dated November 2, 1999, the Department of State
directed ATF to deny applications, with limited exceptions, for the import of these articles. The limited exceptions
allowed by the State Department will require importers to submit
with their permit applications a copy of the State Department’s re-transfer authorization issued to the party proposing to
transfer such articles to the importer.
Required reporting of firearms serial numbers on ATF Form 6A within 15 days after their release from U.S. Customs.
This change puts into regulation the requirement already
stated on the ATF Form 6A.
Record Retention Periods. Federal firearms licensees are required to keep ATF Forms 6 and 6A for at least 20 years and
Arms Export Control Act registrants not licensed under
the Gun Control Act are required to keep these forms for 6 years.
Item 4 of the ATF Form 6 was also amended to collect the name and address of any broker employed to facilitate the
import transaction. A broker means any person who acts
as an agent for others in negotiating or arranging contracts, purchases, sales or transfers of defense articles or defense
services in return for a fee, commission, or other
consideration. The Arms Export Control Act regulations in 22 CFR Part 129 require, with certain exceptions, the
registration and licensing of brokers. Questions about such
registration and licensing requirements should be directed to the Department of State, Office of Defense Trade Controls
at (202) 663-2714, or at
www.pmdtc.org/brokering.pdf .
Department of State Trade Sanctions
In furtherance of the national security and foreign policy of the United States, the Department of State has imposed
trade sanctions against the Kazakhstani firm Uralsk Plant Metallist, the
private Czech arms broker Agroplast, and three Agroplast officials, Petr Pernicka, Zbynek Svejnoha, and Alexander
Petrenko. As requested by the Department of State, ATF will not approve
permits to import defense articles when any of the companies or named officials is involved in the importation. Any U.S.
importer having currently valid import permits for imports from any of these
entities or individuals is asked to so inform ATF in writing. Responses should be submitted to the Chief, Firearms and
Explosives Imports Branch, Bureau of ATF, 650 Massachusetts Avenue,
Room 5100, Washington, DC 20226, fax (202) 927-2697.
Additionally, ATF continues to observe Department of State trade sanctions imposed March 29, 1999, against three
Russian companies, the Tula Instrument Design Bureau, the Volsk
Mechanical Plant, and the Central Scientific Research Institute of Precision Machine-Building a/k/a Tzniitochmash. No
permits will be approved for the importation of defense articles
associated with these companies.
Maintaining open lines of communication is vital to the successful future of ATF’s partnership with the import
community. The Firearms and Explosives Imports Branch is available to answer your
questions about the issues addressed in this letter. You may reach us by phone at (202) 927-8320 or by fax at (202)
927-2697.
Sincerely yours,
Alan B. Graham
Acting Chief, Firearms and Explosives
Imports Branch
http://www.atf.treas.gov/press/fy00press/070700open.htm