ITAR limitations for private citizens

[max popenker]

Ok, here's the problem. I want to order a quality red dot scope from USA, but all good scopes appear to be regulated under ITAR limitations, and exporting these by the seller / dealer / maker is a major PITA.

My question is - is there any legal way to buy ITAR-regulated sight in USA and bring it out of the country without breaking the law?

I.e., if I personally will drop by in USA, buy a sight in question (i.e. EOTech or Aimpoint) in a shop, and then put it into my luggage, heading back to Russia - will I violate the law? is there any legal way to bring the legally bought sight out of the country?

thanks

PS many of these sights are already sold in Russia, but prices are outrageous to say the least, usually 50 to 100% above average US retail.

 

[dogtown tom]

max popenker:
My question is - is there any legal way to buy ITAR-regulated sight in USA and bring it out of the country without breaking the law?

I.e., if I personally will drop by in USA, buy a sight in question (i.e. EOTech or Aimpoint) in a shop, and then put it into my luggage, heading back to Russia - will I violate the law? is there any legal way to bring the legally bought sight out of the country?

Not, unless you get permission from the State Department. Doing what you describe above is smuggling and you'll be in hot water pretty quick.
There is a woman in my town under Federal charges for attempting to do this very thing:http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-planospy_28met.ART0.State.Edition2.4da962c.html


.

 

[max popenker]

Not, unless you get permission from the State Department.

Thanks. That's pretty sad, but dura lex, sed lex.

 

[Zoogster]

ITAR is a major hurdle for a lot of people and businesses, especially in the defense industry in ways you would never imagine. This has resulted in a lot of nations choosing to do business with nations other than the United States even when they prefer a product from a US business.

It was originally designed to restrict classified material during the Cold War, and has expanded to restrict all manner of things. With small arms technology all nations have it is clearly well beyond the scope originally intended.

Just read the wiki article for a brief introduction which conveniently covers your specific question:

http://en.wikipedia.org/wiki/International_Traffic_in_Arms_Regulations

A foreign person is any person who is not a lawful permanent resident of the U.S. and includes foreign governments and organizations.[20] This means that, for example a foreign person who is visiting the U.S. will remain a foreign person for the purposes of ITAR and any export of USML items to them inside the U.S. must be subject to an export authorization.

That means just selling the item to you is a violation.
A huge number of items any person can walk into a store and buy or can order are major ITAR violation to sell to a foreign national.

Anything on the United States Munitions List is restricted.

(Which includes many things that have nothing to do with munitions or defense related items.)


Night vision equipment has been the major article that has resulted in enforcement to unknowing individuals and businesses lately.
Internally such equipment has traditionally been completely unrestricted in the United States, yet obviously selling or transferring it to a foreign national is a major violation of ITAR.

This means a store that sold you such a thing while you were visiting could receive a fine and/or charges that would quite readily put them out of business.
I am not sure what the charges or fine would be for you as the smuggler of a USML item.


Interestingly enough selling these USML items like domestically unrestricted night vision, or sights or scopes etc (which can readily be legally purchased for cash like any other item by a US citizen) to Mexican illegal immigrants present in large numbers in the United States would probably be an ITAR violation that could close down a business, result in fines and/or charges. The mom and pop store selling to an illegal immigrant could find itself in violation of ITAR.

 

[steven58]

Instead of buying them in the USA, why not buy your Aimpoints from the country they are made in? Sweden.

Or buy and Elcan RD (no, not the DR) from Canada.

There are also several other European brands that make red dot sights.

 

[Shadow 7D]

Hey, just remember, we can't buy your old crap...
and can't even import the 'scrap metal'
anymore....

Too bad, no more markovs etc...

 

[Bubbles]

The mom and pop store selling to an illegal immigrant could find itself in violation of ITAR.

I just got the heads-up this week for a different scenario.

There are companies that do mail and package-forwarding for foreign nationals. The shipping address given to the vendor is a US address that looks like it's for an apartment complex or drop box. It would be all too easy for an FFL or other vendor of ITAR-controlled products to be duped into shipping controlled items outside of the US.

 

[rodregier]

I face the same kind ITAR issues with US products too. My answer is to find Canadian vendors who sell similar/same products, or someone in Europe if I'm really stuck.

Aimpoint retail pricing in Canada (from some vendors) is very competive with US pricing. No ITAR export issues. One of the vendors I spoke to imports direct from Sweden - nice!

I like The Shooting Edge in Calgary for Aimpoint, there are others.

http://www.theshootingedge.com/webpage/1002858/1000774