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ITAR questions from a new member

Discussion in 'Legal' started by 0xNULL, Dec 8, 2012.

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  1. 0xNULL

    0xNULL Member

    Joined:
    Dec 8, 2012
    Messages:
    2
    Location:
    Sydney, NSW, Australia
    Hey all,

    I just signed up on this site. I am a member of an Australian Shooting Forum (shooting.com.au) 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:
    1. Are any/all of these items restricted/regulated under ITAR?
    2. 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?
    3. How is the $100 wholesale value calculated?

    Any help would be greatly appreciated.
     
  2. General Geoff

    General Geoff Member

    Joined:
    Nov 28, 2006
    Messages:
    5,072
    Location:
    Allentown, Pennsylvania
    From the ITAR munitions list:


    (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.
     
  3. 0xNULL

    0xNULL Member

    Joined:
    Dec 8, 2012
    Messages:
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    Location:
    Sydney, NSW, Australia
    Thanks Geoff,

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

    rodregier Member

    Joined:
    Aug 5, 2007
    Messages:
    1,683
    Location:
    Halifax,NS Canada
    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.
     
    Last edited: Dec 9, 2012
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