ITAR questions from a new member


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0xNULL
December 8, 2012, 05:07 AM
Hey all,

I just signed up on this site. I am a member of an Australian Shooting Forum (shooting.com.au (http://www.shooting.com.au/forum/)) and am currently visiting the US for a holiday. Whilst I am here I was hoping to buy a few parts to take back home with me, but I am overwhelmed by the restrictions in place here for exporting. So I guess the questions I am asking here are with regards to ITAR.

The parts that I am hoping to buy and export are:

C-more Railway red dot sighy
YHM free-float forend
YHM forend end cap
Magpul rifle stock
Magpul sling attachments


My questions are:

Are any/all of these items restricted/regulated under ITAR?
Does ITAR apply to "second hand" or "used" products as well as new products? Would my situation be any different if I were exporting second hand items?
How is the $100 wholesale value calculated?


Any help would be greatly appreciated.

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General Geoff
December 8, 2012, 09:00 AM
From the ITAR munitions list (http://www.pmddtc.state.gov/regulations_laws/documents/consolidated_itar/ITAR_Part121.pdf):


Category I—Firearms, Close Assault Weapons and Combat Shotguns
*(a) Nonautomatic and semi-automatic firearms to caliber .50 inclusive (12.7 mm).
*(b) Fully automatic firearms to .50 caliber inclusive (12.7 mm).
*(c) Firearms or other weapons (e.g. insurgency-counterinsurgency, close assault weapons
systems) having a special military application regardless of caliber.
*(d) Combat shotguns. This includes any shotgun with a barrel length less than 18 inches.
*(e) Silencers, mufflers, sound and flash suppressors for the articles in (a) through (d) of this
category and their specifically designed, modified or adapted components and parts.
(f) Riflescopes manufactured to military specifications (See category XII(c) for controls on night
sighting devices.)
*(g) Barrels, cylinders, receivers (frames) or complete breech mechanisms for the articles in
paragraphs (a) through (d) of this category.
(h) Components, parts, accessories and attachments for the articles in paragraphs (a) through (g)
of this category.
(i) Technical data (as defined in 120.10 of this subchapter) and defense services (as defined in
120.9 of this subchapter) directly related to the defense articles enumerated in paragraphs (a)
through (h) of this category. Technical data directly related to the manufacture or production of
any defense articles enumerated elsewhere in this category that are designated as Significant
Military Equipment (SME) shall itself be designated SME.
(j) The following interpretations explain and amplify the terms used in this category and
throughout this subchapter:
(1) A firearm is a weapon not over .50 caliber (12.7 mm) which is designed to expel a projectile
by the action of an explosive or which may be readily converted to do so.
(2) A rifle is a shoulder firearm which can discharge a bullet through a rifled barrel 16 inches or
longer.
(3) A carbine is a lightweight shoulder firearm with a barrel under 16 inches in length.
(4) A pistol is a hand-operated firearm having a chamber integral with or permanently aligned
with the bore.
(5) A revolver is a hand-operated firearm with a revolving cylinder containing chambers for
individual cartridges.
(6) A submachine gun, “machine pistol” or “machine gun” is a firearm originally designed to
fire, or capable of being fired, fully automatically by a single pull of the trigger.
Note: This coverage by the U.S. Munitions List in paragraphs (a) through (i) of this category
excludes any non-combat shotgun with a barrel length of 18 inches or longer, BB, pellet, and
muzzle loading (black powder) firearms. This category does not cover riflescopes and sighting
devices that are not manufactured to military specifications. It also excludes accessories and
attachments (e.g., belts, slings, after market rubber grips, cleaning kits) for firearms that do not
enhance the usefulness, effectiveness, or capabilities of the firearm, components and parts. The
Department of Commerce regulates the export of such items. See the Export Administration
Regulations (15 CFR parts 730–799). In addition, license exemptions for the items in this
category are available in various parts of this subchapter (e.g. 123.17, 123.18 and 125.4).
(pertinent section bolded)

Seems like a grey area, as the verbiage contradicts itself by saying that accessories not adding usefulness to a firearm are not regulated, but then goes on to include slings, which most definitely add to the usefulness and utility of a rifle.

So I guess what I'm saying is, with verbiage that contradicts itself like that, it's anyone's guess.

0xNULL
December 8, 2012, 10:01 AM
Thanks Geoff,

I admittedly didn't notice that particular section of ITAR. It definitely adds some confusion to the matter.

rodregier
December 9, 2012, 10:41 AM
The stock, forend and cap are ITAR controlled items (as I understand the rules).

ITAR is not really structured for personal transport shipments to be processed, so you could encounter a lot of friction if you are inpected on exit from the USA. It doesn't happen often, but if it does it could be a major deal. Criminal prosecution or being barred from future entry into the US are possible outcomes.

The controlled products are still supposed to be documented and reported to the US State Dept. by the exporter even if under the $100 exemption.

You might consider shipping the category-exempt items (not the stock, forend or cap) home via US Postal or similar carrier, and order the other Magpull stuff thru Brownells.

http://www.brownells.com/rifle-parts/stock-forend-parts/rifle-stocks/ar-15-m16-str-carbine-stocks-prod45226.aspx

Here is Brownell's page on ITAR to help give you more guidance:

http://www.brownells.com/aspx/general/International_Sales.aspx

I shop very carefully when visiting the US. Inert cleaning supplies, targets, tools and books related to the shooting sports are the primary things I would bring back in my luggage.

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