SUBCHAPTER B [RESERVED] SUBCHAPTER C—FIREARMS
PART 47—IMPORTATION OF ARMS, 47.63 Seizure and forfeiture. AMMUNITION AND IMPLEMENTS AUTHORITY: 22 U.S.C. 2778. OF WAR SOURCE: T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, unless otherwise noted. Subpart A—Scope Sec. Subpart A—Scope 47.1 General. 47.2 Relation to other laws and regulations. § 47.1 General. The regulations in this part relate to Subpart B—Definitions that portion of Section 38, Arms Ex- 47.11 Meaning of terms. port Control Act of 1976, as amended, which is concerned with the importa- Subpart C—The U.S. Munitions Import List tion of arms, ammunition and imple- 47.21 The U.S. Munitions Import List. ments of war. This part contains the 47.22 Forgings, castings, and machined bod- U.S. Munitions Import List and in- ies. cludes procedural and administrative requirements and provisions relating Subpart D—Registration to registration of importers, permits, articles in transit, import certifi- 47.31 Registration requirement. 47.32 Application for registration and re- cation, delivery verification, import re- fund of fee. strictions applicable to certain coun- 47.33 Notification of changes in information tries, exemptions, U.S. military fire- furnished by registrants. arms or ammunition, penalties, sei- 47.34 Maintenance of records by persons re- zures, and forfeitures. All designations quired to register as importers of Import and changes in designation of articles List articles. subject to import control under Sec- 47.35 Forms prescribed. tion 414 of the Mutual Security Act of Subpart E—Permits 1954, as amended, have the concurrence of the Secretary of State and the Sec- 47.41 Permit requirement. retary of Defense. 47.42 Application for permit. 47.43 Terms of permit. [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as 47.44 Permit denial, revocation or suspen- amended by T.D. ATF–215, 50 FR 42158, Oct. sion. 18, 1985] 47.45 Importation. 47.46 Articles in transit. § 47.2 Relation to other laws and regu- lations. Subpart F—Miscellaneous Provisions (a) All of those items on the U.S. Mu- 47.51 Import certification and delivery nitions Import List (see § 47.21) which verification. are ‘‘firearms’’ or ‘‘ammunition’’ as de- 47.52 Import restrictions applicable to cer- fined in 18 U.S.C. 921(a) are subject to tain countries. the interstate and foreign commerce 47.53 Exemptions. controls contained in Chapter 44 of 47.54 Administrative procedures inappli- cable. Title 18 U.S.C. and 27 CFR Part 178 and 47.55 Departments of State and Defense con- if they are ‘‘firearms’’ within the defi- sulted. nition set out in 26 U.S.C. 5845(a) are 47.56 Authority of Customs officers. also subject to the provisions of 27 CFR 47.57 U.S. military firearms. Part 179. Any person engaged in the business of importing firearms or am- Subpart G—Penalties, Seizures and munition as defined in 18 U.S.C. 921(a) Forfeitures must obtain a license under the provi- 47.61 Unlawful importation. sions of 27 CFR Part 178, and if he im- 47.62 False statements or concealment of ports firearms which fall within the facts. definition of 26 U.S.C. 5845(a) must also
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register and pay special tax pursuant Bureau. Bureau of Alcohol, Tobacco to the provisions of 27 CFR Part 179. and Firearms, the Department of the Such licensing, registration and special Treasury. tax requirements are in addition to Carbine. A short-barrelled rifle whose registration under subpart D of this barrel is generally not longer than 22 part. inches and is characterized by light (b) The permit procedures of subpart weight. E of this part are applicable to all im- CFR. The Code of Federal Regula- portations of articles on the U.S. Muni- tions. tions Import List not subject to con- Chemical agent. A substance useful in trols under 27 CFR Part 178 or 179. U.S. war which, by its ordinary and direct Munitions Import List articles subject chemical action, produces a powerful to controls under 27 CFR Part 178 or 27 physiological effect. CFR Part 179 are subject to the import Defense articles. Any item designated permit procedures of those regulations in § 47.21 or § 47.22. This term includes if imported into the United States models, mockups, and other such items (within the meaning of 27 CFR Parts which reveal technical data directly re- 178 and 179). lating to § 47.21 or § 47.22. For purposes (c) Articles on the U.S. Munitions of Category XXII, any item enumer- Import List imported for the United ated on the U.S. Munitions List (22 States or any State or political sub- CFR Part 121). division thereof are exempt from the import controls of 27 CFR Part 178 but Defense services. (a) The furnishing of are not exempt from control under Sec- assistance, including training, to for- tion 38, Arms Export Control Act of eign persons in the design, engineering, 1976, unless imported by the United development, production, processing, States or any agency thereof. All such manufacture, use, operation, overhaul, importations not imported by the repair, maintenance, modification, or United States or any agency thereof reconstruction of defense articles, shall be subject to the import permit whether in the United States or procedures of subpart E of this part. abroad; or (b) The furnishing to foreign persons [T.D. ATF–215, 50 FR 42158, Oct. 18, 1985] of any technical data, whether in the United States or abroad. Subpart B—Definitions Director. The Director, Bureau of Al- cohol, Tobacco and Firearms, the De- § 47.11 Meaning of terms. partment of the Treasury, Washington, When used in this part and in forms DC 20226. prescribed under this part, where not Executed under the penalties of perjury. otherwise distinctly expressed or mani- Signed with the prescribed declaration festly incompatible with the intent under the penalties of perjury as pro- thereof, terms shall have the meanings vided on or with respect to the applica- ascribed in this section. Words in the tion, form, or other document or, plural form shall include the singular, where no form of declaration is pre- and vice versa, and words imparting scribed, with the declaration: ‘‘I de- the masculine gender shall include the clare under the penalties of perjury feminine. The terms ‘‘includes’’ and that this —— (insert type of document ‘‘including’’ do not exclude other such as statement, certificate, applica- things not enumerated which are in the tion, or other document), including the same general class or are otherwise documents submitted in support there- within the scope thereof. of, has been examined by me and, to ATF officer. An officer or employee of best of my knowledge and belief, is the Bureau of Alcohol, Tobacco and true, correct, and complete.’’ Firearms (ATF) authorized to perform Firearms. A weapon, and all compo- any functions relating to the adminis- nents and parts therefor, not over .50 tration or enforcement of this part. caliber which will or is designed to or Article. Any of the arms, ammuni- may be readily converted to expel a tion, and implements of war enumer- projectile by the action of an explosive, ated in the U.S. Munitions Import List. but shall not include BB and pellet
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guns, and muzzle loading (black pow- (26 U.S.C. 7805 (68A Stat. 917), 27 U.S.C. 205 (49 der) firearms (including any firearm Stat. 981 as amended), 18 U.S.C. 926 (82 Stat. with a matchlock, flintlock, percussion 959), and sec. 38, Arms Export Control Act (22 cap, or similar type of ignition system) U.S.C. 2778, 90 Stat. 744)) or firearms covered by Category I(a) [T.D. ATF–48, 43 FR 13535, Mar. 31, 1978; 44 established to have been manufactured FR 55840, Sept. 28, 1979, as amended by T.D. in or before 1898. ATF–202, 50 FR 14382, Apr. 12, 1985; T.D. ATF– Import or importation. Bringing into 215, 50 FR 42158, Oct. 18, 1985] the United States from a foreign coun- try any of the articles on the Import Subpart C—The U.S. Munitions List, but shall not include intransit, Import List temporary import or temporary export transactions subject to Department of § 47.21 The U.S. Munitions Import List. State controls under Title 22, Code of The U.S. Munitions List compiled by Federal Regulations. the Department of State, Office of Mu- Import List. The list of articles con- nitions Control, and published at 22 tained in § 47.21 and identified therein CFR 121.1, with the deletions indicated, as ‘‘The U.S. Munitions Import List’’. has been adopted as an enumeration of Machinegun. A ‘‘machinegun’’, ‘‘ma- the defense articles subject to controls chine pistol’’, ‘‘submachinegun’’, or under this part. The expurgated list, ‘‘automatic rifle’’ is a firearm origi- set out below, shall, for the purposes of nally designed to fire, or capable of this part, be known as the U.S. Muni- being fired fully automatically by a tions Import List: single pull of the trigger. Permit. The same as ‘‘license’’ for THE U.S. MUNITIONS IMPORT LIST purposes of 22 U.S.C. 1934(c). Person. A partnership, company, as- CATEGORY I—FIREARMS sociation, or corporation, as well as a natural person. (a) Nonautomatic and semiautomatic fire- Pistol. A hand-operated firearm hav- arms, to caliber .50 inclusive, combat shot- ing a chamber integral with, or perma- guns, and shotguns with barrels less than 18 nently aligned with, the bore. inches in length, and all components and Regional director (compliance). The parts for such firearms. principal ATF regional official respon- (b) Automatic firearms and all components and parts for such firearms to caliber .50 in- sible for administering regulations in clusive. this part. (c) Insurgency-counterinsurgency type Revolver. A hand-operated firearm firearms of other weapons having a special with a revolving cylinder containing military application (e.g. close assault weap- chambers for individual cartridges. ons systems) regardless of caliber and all Rifle. A shoulder firearm discharging components and parts for such firearms. bullets through a rifled barrel at least (d) Firearms silencers and suppressors, in- 16 inches in length, including combina- cluding flash suppressors. tion and drilling guns. (e) Riflescopes manufactured to military specifications and specifically designed or Sporting type sight including optical. A modified components therefor. telescopic sight suitable for daylight NOTE: Rifles, carbines, revolvers, and pis- use on a rifle, shotgun, pistol, or re- tols, to caliber .50 inclusive, combat shot- volver for hunting or target shooting. guns, and shotguns with barrels less than 18 This chapter. Title 27, Code of Federal inches in length are included under Category Regulations, Chapter I (27 CFR Chapter I(a). Machineguns, submachineguns, machine I). pistols and fully automatic rifles to caliber United States. When used in the geo- .50 inclusive are included under Category graphical sense, includes the several I(b). States, the Commonwealth of Puerto CATEGORY II—ARTILLERY PROJECTORS Rico, the insular possessions of the (a) Guns over caliber .50, howitzers, mor- United States, the District of Colum- tars, and recoiless rifles. bia, and any territory over which the (b) Military flamethrowers and projectors. United States exercises any powers of (c) Components, parts, accessories, and at- administration, legislation, and juris- tachments for the articles in paragraphs (a) diction. and (b) of this category, including but not
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limited to mounts and carriages for these ar- (g) Non/nuclear warheads for rockets and ticles. guided missiles. (h) All specifically designed components or CATEGORY III—AMMUNITION modified components, parts, accessories, at- tachments, and associated equipment for the (a) Ammunition for the arms in Categories articles in this category. I and II of this section. NOTE: Military demolition blocks and (b) Components, parts, accessories, and at- blasting caps referred to in Category IV(a) do tachments for articles in paragraph (a) of not include the following articles: this category, including but not limited to (a) Electric squibs. cartridge cases, powder bags, bullets, jack- (b) No. 6 and No. 8 blasting caps, including ets, cores, shells (excluding shotgun shells), electric ones. projectiles, boosters, fuzes and components (c) Delay electric blasting caps (including therefor, primers, and other detonating de- No. 6 and No. 8 millisecond ones). vices for such ammunition. (d) Seismograph electric blasting caps (in- (c) Ammunition belting and linking ma- cluding SSS, Static-Master, Vibrocap SR, chines. and SEISMO SR). (d) Ammunition manufacturing machines (e) Oil well perforating devices. and ammunition loading machines (except NOTE: Category V of ‘‘Munitions List’’ de- handloading ones). leted as inapplicable to imports. NOTE: Cartridge and shell casings are in- cluded under Category III unless, prior to CATEGORY VI—VESSELS OF WAR AND SPECIAL their importation, they have been rendered NAVAL EQUIPMENT useless beyond the possibility of restoration (a) Warships, amphibious warfare vessels, for use as a cartridge or shell casing by landing craft, mine warfare vessels, patrol means of heating, flame treatment, man- vessels, auxiliary vessels and service craft, gling, crushing, cutting, or popping. experimental types of naval ships and any vessels specifically designed or modified for CATEGORY IV—LAUNCH VEHICLES, GUIDED MIS- military purposes. SILES, BALLISTIC MISSILES, ROCKETS, TOR- (b) Turrets and gun mounts, arresting gear, PEDOES, BOMBS AND MINES special weapons systems, protective systems, (a) Rockets (including but not limited to submarine storage batteries, catapults and meteorological and other sounding rockets), other components, parts, attachments, and bombs, grenades, torpedoes, depth charges, accessories specifically designed or modified land and naval mines, as well as launchers for combatant vessels. for such defense articles, and demolition (c) Mine sweeping equipment, components, blocks and blasting caps. parts, attachments and accessories specifi- (b) Launch vehicles and missile and anti- cally designed or modified therefor. missile systems including but not limited to (d) Harbor entrance detection devices guided, tactical and strategic missiles, (magnetic, pressure, and acoustic ones) and launchers, and systems. controls and components therefor. (e) Naval nuclear propulsion plants, their (c) Apparatus, devices, and materials for land prototypes and special facilities for the handling, control, activation, moni- their construction, support and mainte- toring, detection, protection, discharge, or nance. This includes any machinery, device, detonation of the articles in paragraphs (a) component, or equipment specifically devel- and (b) of this category. Articles in this cat- oped or designed or modified for use in such egory include, but are not limited to, the fol- plants or facilities. lowing: Fuses and components for the items NOTE: The term ‘‘vessels of war’’ includes, in this category, bomb racks and shackles, but is not limited to the following: bomb shackle release units, bomb ejectors, (a) Combatant vessels: torpedo tubes, torpedo and guided missile (1) Warships (including nuclear-powered boosters, guidance system equipment and versions): parts, launching racks and projectors, pistols (i) Aircraft carriers (CV, CVN) (exploders), igniters, fuze arming devices, (ii) Battleships (BB) intervalometers, guided missile launchers (iii) Cruisers (CA, CG, CGN) and specialized handling equipment, and (iv) Destroyers (DD, DDG) hardened missile launching facilities. (v) Frigates (FF, FFG) (d) Missile and space vehicle powerplants. (vi) Submarines (SS, SSN, SSBN, SSG, (e) Military explosive excavating devices. SSAG). (f) Ablative materials fabricated or semi- (2) Other Combatant Classifications: fabricated from advanced composites (e.g., (i) Patrol Combatants (PC, PHM) silica, graphite, carbon, carbon/carbon, and (ii) Amphibious Helicopter/Landing Craft boron filaments) for the articles in this cat- Carriers (LHA, LPD, LPH) egory that are derived directly from or spe- (iii) Amphibious Landing Craft Carriers cifically developed or modified for defense (LKA, LPA, LSD, LST) articles. (iv) Amphibious Command Ships (LCC)
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(v) Mine Warfare Ships (MSO). (g) Engines specifically designed or modi- (b) Auxiliaries: fied for the vehicles in paragraphs (a), (b), (1) Mobile Logistics Support: (c), and (f) of this category. (i) Under way Replenishment (AD, AF, (h) All specifically designed or modified AFS, AO, AOE, AOR) components and parts, accessories, attach- (ii) Material Support (AD, AR, AS). ments, and associated equipment for the ar- (2) Support Ships: ticles in this category, including but not (i) Fleet Support Ships (ARS, ASR, ATA, limited to military bridging and deep water ATF, ATS) fording kits. (ii) Other Auxiliaries (AG, AGDS, AGF, NOTE: An ‘‘amphibious vehicle’’ in Cat- AGM, AGOR, AGOS, AGS, AH, AK, AKR, egory VII(f) is an automotive vehicle or AOG, AOT, AP, APB, ARC, ARL, AVM, chassis which embodies all-wheel drive, AVT). which is equipped to meet special military (c) Combatant Craft: requirements, and which has sealed elec- (1) Patrol Craft: trical systems and adaptation features for (i) Coastal Patrol Combatants (PB, PCF, deep water fording. PCH, PTF) (ii) River, Roadstead Craft (ATC, PBR). CATEGORY VIII—AIRCRAFT, SPACECRAFT, AND (2) Amphibious Warfare Craft: ASSOCIATED EQUIPMENT (i) Landing Craft (AALC, LCAC, LCM, (a) Aircraft, including but not limited to LCPL, LCPR, LCU, LWT, SLWT) helicopters, non-expansive balloons, drones (ii) Special Warfare Craft (LSSC, MSSC, and lighter-than-air aircraft, which are spe- SDV, SWCL, SWCM). cifically designed, modified, or equipped for (3) Mine Warfare Craft: military purposes. This includes but is not (i) Mine Countermeasures Craft (MSB, limited to the following military purposes: MSD, MSI, MSM, MSR). gunnery, bombing, rocket or missile launch- (d) Support and Service Craft: ing, electronic and other surveillance, recon- (1) Tugs (YTB, YTL, YTM) naissance, refueling, aerial mapping, mili- (2) Tankers (YO, YOG, YW) tary liaison, cargo carrying or dropping, per- (3) Lighters (YC, YCF, YCV, YF, YFN, sonnel dropping, airborne warning and con- YFNB, YFNX, YFR, YFRN, YFU, YG, YGN, trol, and military training. YOGN, YON, YOS, YSR, YWN) NOTE: Category VIII (b) through (j) and (4) Floating Dry Docks (AFDB, AFDL, Categories IX, X, XI, XII and XIII of ‘‘Muni- AFDM, ARD, ARDM, YFD) tions List’’ deleted as inapplicable to im- (5) Miscellaneous (APL, DSRV, DSV, IX, ports. NR, YAG, YD, YDT, YFB, YFND, YEP, NOTE: In Category VIII, ‘‘aircraft’’ means YFRT, YHLC, YM, YNG, YP, YPD, YR, YRB, aircraft designed, modified, or equipped for a YRBN, YRDH, YRDM, YRR, YRST, YSD). military purpose, including aircraft de- (e) Coast Guard Patrol and Service Vessels scribed as ‘‘demilitarized.’’ All aircraft bear- and Craft: ing an original military designation are in- (1) Coast Guard Cutters (CGC, WHEC, cluded in Category VIII. However, the fol- WMEC) lowing aircraft are not so included so long as (2) Patrol Craft (WPB) they have not been specifically equipped, re- (3) Icebreakers (WAGB) equipped, or modified for military oper- (4) Oceanography Vessels (WAGO) ations: (5) Special Vessels (WIX) (a) Cargo aircraft bearing ‘‘C’’ designations (6) Buoy Tenders (WLB, WLM, WLI, WLR, and numbered C–45 through C–118 inclusive, WLIC) and C–121 through C–125 inclusive, and C–131, (7) Tugs (WYTM, WYTL) using reciprocating engines only. (8) Light Ships (WLV). (b) Trainer aircraft bearing ‘‘T’’ designa- tions and using reciprocating engines or tur- CATEGORY VII—TANKS AND MILITARY VEHICLES boprop engines with less than 600 horsepower (a) Military type armed or armored vehi- (s.h.p.). cles, military railway trains, and vehicles (c) Utility aircraft bearing ‘‘U’’ designa- specifically designed or modified to accom- tions and using reciprocating engines only. modate mountings for arms or other special- (d) All liaison aircraft bearing an ‘‘L’’ des- ized military equipment or fitted with such ignation. items. (e) All observation aircraft bearing ‘‘O’’ (b) Military tanks, combat engineer vehi- designations and using reciprocating en- cles, bridge launching vehicles, halftracks gines. and gun carriers. CATEGORY XIV—TOXICOLOGICAL AGENTS AND (c) Self-propelled guns and howitzers. EQUIPMENT AND RADIOLOGICAL EQUIPMENT NOTE: Category VII (d) and (e) of ‘‘Muni- tions List’’ deleted as inapplicable to im- (a) Chemical agents, including but not lim- ports. ited to lung irritants, vesicants, (f) Amphibious vehicles. lachrymators, and tear gases (except tear
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gas formulations containing 1% or less CN or fied for use in the design, development, or CS), sternutators and irritant smoke, and fabrication of nuclear weapons or nuclear ex- nerve gases and incapacitating agents. plosive devices. (b) Biological agents. (b) Any article, material, equipment, or de- (c) Equipment for dissemination, detec- vice, which is specifically designed or modi- tion, and identification of, and defense fied for use in the devising, carrying out, or against, the articles in paragraphs (a) and (b) evaluating of nuclear weapons tests or any of this category. other nuclear explosions, except such items (d) Nuclear radiation detection and meas- as are in normal commercial use for other uring devices manufactured to military spec- ification. purposes. (e) Components, parts, accessories, attach- NOTE: Categories XVII, XVIII, and XIX of ments, and associated equipment specifically ‘‘Munitions List’’ deleted as inapplicable to designed or modified for the articles in para- imports. graphs (c) and (d) of this category. NOTE: A chemical agent in Category XIV(a) CATEGORY XX—SUBMERSIBLE VESSELS, is a substance having military application OCEANOGRAPHIC AND ASSOCIATED EQUIPMENT which by its ordinary and direct chemical (a) Submersible vessels, manned and un- action produces a powerful physiological ef- manned, designed or modified for military fect. The term ‘‘chemical agent’’ includes, purposes or having independent capability to but is not limited to, the following chemical maneuver vertically or horizontally at compounds: depths below 1,000 feet, or powered by nu- (a) Lung irritants: (1) Diphenylcyanoarsine (DC). clear propulsion plants. (2) Fluorine (but not fluorene). (b) Submersible vessels, manned or un- (3) Trichloronitro methane (chloropicrin manned, designed or modified in whole or in PS). part from technology developed by or for the (b) Vesicants: U.S. Armed Forces. (1) B-Chlorovinyldichloroarsine (Lewisite, (c) Any of the articles in Category VI and L). elsewhere in this part specifically designed (2) Bis(dichlorethyl) sulphide (Mustard or modified for use with submersible vessels, Gas, HD or H). and oceanographic or associated equipment (3) Ethyldichloroarsine (ED). assigned a military designation. (4) Methyldichloroarsine (MD). (d) Equipment, components, parts, acces- (c) Lachrymators and tear gases: sories, and attachments specifically designed (1) A-Brombenzyl cyanide (BBC). (2) Chloroacetophenone (CN). for any of the articles in paragraphs (a) and (3) Dibromodimethyl ether. (b) of this category. (4) Dichlorodimethyl ether (ClCi). CATEGORY XXI—MISCELLANEOUS ARTICLES (5) Ethyldibromoarsine. (6) Phenylcarbylamine chloride. Any article not specifically enumerated in (7) Tear gas solutions (CNB and CNS). the other categories of the U.S. Munitions (8) Tear gas List which has substantial military applica- orthochlorobenzalmalononitrile (CS). bility and which has been specifically de- (d) Sternutators and irritant smokes: signed or modified for military purposes. The (1) Diphenylamine chloroarsine (Adamsite, decision on whether any article may be in- DM). cluded in this category shall be made by the (2) Diphenylchloroarsine (BA). (3) Liquid pepper. Director, Office of Munitions Control, De- (e) Nerve agents, gases, and aerosols. These partment of State, with the concurrence of are toxic compounds which affect the nerv- the Department of Defense. ous system, such as: CATEGORY XXII—SOUTH AFRICA (1) Dimethylaminoethoxycyanophosphine oxide (GA). (a) Defense articles enumerated on the U.S. (2) Methylisopropoxyfluorophosphine oxide Munitions List (22 CFR Part 121). (GB). (b) Technical data relating to defense arti- (3) Methylpinacolyloxyfluoriphosphine cles enumerated on the U.S. Munitions List. oxide (GD). NOTE: This category is applicable only to (f) Antiplant chemicals, such as: Butyl 2- South Africa. chloro-4-fluorophenoxyacetate (LNF). NOTE: ‘‘Technical data’’ means, for pur- CATEGORY XV—[RESERVED] poses of this category: (1) Classified information relating to de- CATEGORY XVI—NUCLEAR WEAPONS DESIGN AND fense articles and defense services; TEST EQUIPMENT (2) Information covered by an invention se- (a) Any article, material, equipment, or de- crecy order; vice, which is specifically designed or modi-
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(3) Information which is directly related to (b) Registration may be effected for the design, engineering, development, pro- periods of from 1 to 5 years at the op- duction, processing, manufacture, use, oper- tion of the registrant by identifying on ation, overhaul, repair, maintenance, modi- Form 4587 the period of registration de- fication, or reconstruction of defense arti- sired. The registration fees are as fol- cles. This includes, for example, information in the form of blueprints, drawings, photo- lows: graphs, plans, instructions, computer soft- 1 year ...... $250 ware and documentation. This also includes 2 years ...... 500 information which advances the state of the 3 years ...... 700 art of articles on the U.S. Munitions List. 4 years ...... 850 This does not include information con- 5 years ...... 1,000 cerning general scientific, mathematical or engineering principles. (c) Fees paid in advance for whole fu- ture years of a multiple year registra- [T.D. ATF–215, 50 FR 42158, Oct. 18, 1985; 50 tion will be refunded upon request if FR 46647, Nov. 12, 1985] the registrant ceases to engage in im- porting articles on the U.S. Munitions § 47.22 Forgings, castings, and ma- Import List. A request for a refund chined bodies. must be submitted to the Director, Bu- Articles on the U.S. Munitions Im- reau of Alcohol, Tobacco and Firearms, port List include articles in a partially Washington, DC 20226, Attention: Fire- completed state (such as forgings, cast- arms and Explosives Imports Branch, ings, extrusions, and machined bodies) prior to the beginning of any year for which have reached a stage in manu- which a refund is claimed. facture where they are clearly identifi- (Approved by the Office of Management and able as defense articles. If the end-item Budget under control number 1512–0021) is an article on the U.S. Munitions Im- port List, (including components, ac- [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as cessories, attachments and parts) then amended by T.D. ATF–215, 50 FR 42161, Oct. 18, 1985] the particular forging, casting, extru- sion, machined body, etc., is considered § 47.33 Notification of changes in infor- a defense article subject to the controls mation furnished by registrants. of this part, except for such items as Registered persons shall notify the are in normal commercial use. Director in writing, in duplicate, of sig- [T.D. ATF–215, 50 FR 42160, Oct. 18, 1985] nificant changes in the information set forth in their registration Subpart D—Registration (Approved by the Office of Management and Budget under control number 1512–0021) § 47.31 Registration requirement. [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as Persons engaged in the business, in amended by T.D. ATF–215, 50 FR 42161, Oct. the United States, of importing arti- 18, 1985] cles enumerated on the U.S. Munitions § 47.34 Maintenance of records by per- Import List must register with the Di- sons required to register as import- rector. ers of Import List articles. [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as (a) Registrants under this part en- amended by T.D. ATF–215, 50 FR 42161, Oct. gaged in the business of importing arti- 18, 1985] cles subject to controls under 27 CFR Parts 178 and 179 shall maintain § 47.32 Application for registration records in accordance with the applica- and refund of fee. ble provisions of those parts. (a) Application for registration shall (b) Registrants under this part en- be filed on Form 4587, in duplicate, gaged in importing articles on the U.S. with the Director, and shall be accom- Munitions Import List subject to the panied by the registration fee at the permit procedures of subpart E of this rate prescribed in this section. On ap- part shall maintain for a period of 6 proval of the application by the Direc- years, subject to inspection by any tor, he will return the original to the ATF officer, records bearing on such applicant. articles imported, including records
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concerning their acquisition and dis- mit issued by the Director under this position by the registrant. The Direc- subpart. tor may prescribe a longer or shorter (c) A permit is not required for the period in individual cases as he deems importation of (1) the U.S. Munitions necessary. Import List articles from Canada not (Approved by the Office of Management and subject to the import controls of 27 Budget under control number 1512–0387) CFR Part 178 or 179, except articles enumerated in Categories I, II, III, IV, [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as VI(e), VIII(a), XVI, and XX; and nu- amended by T.D. ATF–172, 49 FR 14941, Apr. 16, 1984; T.D. ATF–215, 50 FR 42161, Oct. 18, clear weapons strategic delivery sys- 1985] tems and all specifically designed com- ponents, parts, accessories, attach- § 47.35 Forms prescribed. ments, and associated equipment thereof (see Category XXI); or (2) (a) The Director is authorized to pre- minor components and parts for Cat- scribe all forms required by this part. All of the information called for in egory I(a) firearms, except barrels, cyl- each form shall be furnished as indi- inders, receivers (frames) or complete cated by the headings on the form and breech mechanisms, when the total the instructions on or pertaining to the value does not exceed $500 wholesale in form. In addition, information called any single transaction. for in each form shall be furnished as [T.D. ATF–215, 50 FR 42161, Oct. 18, 1985] required by this part. (b) ‘‘Public Use Forms’’ (ATF Publi- § 47.42 Application for permit. cation 1322.1) is a numerical listing of (a) Persons required to obtain a per- forms issued or used by the Bureau of mit as provided in § 47.41 shall file a Alcohol, Tobacco and Firearms. This Form 6 Part I, in triplicate, with the publication is available from the Su- Director. On approval of the applica- perintendent of Documents, U.S. Gov- tion by the Director, he will return the ernment Printing Office, Washington, original to the applicant. Such ap- DC 20402. proved application will serve as the (c) Requests for forms should be permit. mailed to the ATF Distribution Center, (b) For additional requirements re- 7943 Angus Court, Springfield, Virginia 22153. lating to the importation of plastic ex- plosives into the United States on or [T.D. ATF–92, 46 FR 46914, Sept. 23, 1981, as after April 24, 1997, see § 55.183 of this amended by T.D. ATF–249, 52 FR 5961, Feb. title. 27, 1987] (Approved by the Office of Management and Subpart E—Permits Budget under control number 1512–0017) [T.D. ATF–215, 50 FR 42161, Oct. 18, 1985, as § 47.41 Permit requirement. amended by T.D. ATF–387, 62 FR 8376, Feb. 25, 1997] (a) Articles on the U.S. Munitions Import List not subject to import con- § 47.43 Terms of permit. trol under 27 CFR Parts 178 and 179 shall not be imported into the United (a) Import permits issued under this States except pursuant to a permit subpart are valid for one year from under this subpart issued by the Direc- their issuance date unless a different tor. period of validity is stated thereon. (b) Articles on the U.S. Munitions They are not transferable. Import List intended for the United (b) If shipment cannot be completed States or any State or political sub- during the period of validity of the per- division thereof, or the District of Co- mit, another application must be sub- lumbia, which are exempt from import mitted for permit to cover the controls of 27 CFR 178.115 shall not be unshipped balance. Such an application imported into the United States, ex- shall make reference to the previous cept by the United States or agency permit and may include materials in thereof, without first obtaining a per- addition to the unshipped balance.
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(c) No amendments or alteration of a (b) Within 15 days of the date of their permit may be made, except by the Di- release from Customs custody, the im- rector. No photographic or other copy porter of the articles released shall for- of an original permit, unless certified ward to the address specified on the by the Director, may be used to effect form a copy of Form 6A on which shall Customs release. be reported any error or discrepancy appearing on the Form 6A certified by [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as Customs. amended by T.D. ATF–325, 57 FR 29787, July 7, 1992] (Approved by the Office of Management and Budget under control number 1512–0019) § 47.44 Permit denial, revocation or [T.D. ATF–215, 50 FR 42161, Oct. 18, 1985] suspension. (a) Import permits under this subpart § 47.46 Articles in transit. may be denied, revoked, suspended or Articles subject to the import permit revised without prior notice whenever procedures of this subpart which enter the Director finds the proposed impor- the United States for temporary de- tation to be inconsistent with the pur- posit pending removal therefrom and pose or in violation of section 38, Arms such articles which are temporarily Export Control Act of 1976 or the regu- taken out of the United States for re- lations in this part. turn thereto shall be regarded as in (b) Whenever, after appropriate con- transit and will be considered neither sideration, a permit application is de- imported nor exported under this part. nied or an outstanding permit is re- Such transactions are subject to the voked, suspended, or revised, the appli- Intransit or Temporary Export License cant or permittee shall be promptly ad- procedures of the Department of State vised in writing of the Director’s deci- (see 22 CFR Part 123). sion and the reasons therefor. [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as (c) Upon written request made within amended by T.D. ATF–215, 50 FR 42161, Oct. 30 days after receipt of an adverse deci- 18, 1985] sion, the applicant or permittee shall be accorded an opportunity to present Subpart F—Miscellaneous additional information and to have a full review of his case by the Director. Provisions (d) Unused, expired, suspended, or re- § 47.51 Import certification and deliv- voked permits must be returned imme- ery verification. diately to the Director. Pursuant to agreement with the [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as United States, certain foreign coun- amended by T.D. ATF–215, 50 FR 42161, Oct. tries are entitled to request certifi- 18, 1985] cation of legality of importation of ar- ticles on the U.S. Munitions Import § 47.45 Importation. List. Upon request of a foreign govern- (a) Articles subject to the import per- ment, the Director will certify the im- mit procedures of this subpart im- portation, on Form ITA–645P/ATF–4522/ ported into the United States may be DSP53, for the U.S. importer. Nor- released from Customs custody to the mally, the U.S. importer will submit person authorized to import same upon this form to the Director at the time his showing that he has a permit from he applies for an import permit. This the Director for the importation of the document will serve as evidence to the article or articles to be released. In ob- government of the exporting company taining the release from Customs cus- that the U.S. importer has complied tody of an article imported pursuant to with import regulations of the U.S. permit, the permit holder shall prepare Government and is prohibited from di- Form 6A, in duplicate, and furnish the verting, transshipping, or reexporting original and copy to the Customs offi- the material described therein without cer releasing the article. The Customs the approval of the U.S. Government. officer shall, after certification, for- Foreign governments may also require ward the original Form 6A to the ad- documentation attesting to the deliv- dress specified on the form. ery of the material into the United
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States. When such delivery certifi- (C) IZH 35M, .22 caliber Target Pistol. cation is requested by a foreign govern- (D) Mauser Model 1896 Pistol. ment, the U.S. importer may obtain di- (E) MC–57–1 Pistol. rectly from the U.S. District Director (F) MC–1–5 Pistol. of Customs the authenticated Delivery (G) Polish Vis Model 35 Pistol. Verification Certificate (U.S. Depart- (H) Soviet Nagant Revolver. ment of Commerce Form ITA–647P) for (I) TOZ 35, .22 caliber Target Pistol. this purpose. (ii) Rifles: (A) BARS–4 Bolt Action Carbine. (Approved by the Office of Management and Budget under control number 0625–0064) (B) Biathlon Target Rifle, .22LR cal- iber. [T.D. ATF–215, 50 FR 42162, Oct. 18, 1985] (C) British Enfield Rifle. (D) CM2, .22 caliber Target Rifle (also § 47.52 Import restrictions applicable to certain countries. known as SM2, 22 caliber). (E) German Model 98K Rifle. (a) It is the policy of the United (F) German Model G41 Rifle. States to deny licenses and other ap- (G) German Model G43 Rifle. provals with respect to defense articles (H) IZH–94. and defense services originating in cer- (I) LOS–7 Bolt Action Rifle. tain countries or areas. This policy ap- (J) MC–7–07. plies to Cuba, Iran, Iraq, Libya, Mon- (K) MC–18–3. golia, North Korea, Sudan, Syria, Viet- (L) MC–19–07. nam, and some of the states that com- (M) MC–105–01. prised the former Soviet Union (Arme- (N) MC–112–02. nia, Azerbaijan, Belarus, and (O) MC–113–02. Tajikistan). This policy applies to (P) MC–115–1. countries or areas with respect to (Q) MC–125/127. which the United States maintains an (R) MC–126. arms embargo (e.g., Burma, China, the (S) MC–128. Federal Republic of Yugoslavia (Serbia (T) Saiga Rifle. and Montenegro), Haiti, Liberia, Rwan- (U) Soviet Model 38 Carbine. da, Somalia, Sudan, UNITA (Angola), (V) Soviet Model 44 Carbine. and Zaire). It also applies when an im- (W) Soviet Model 91/30 Rifle. port would not be in furtherance of (X) TOZ 18, .22 caliber Bolt Action world peace and the security and for- Rifle. eign policy of the United States. (Y) TOZ 55. NOTE: Changes in foreign policy may result (Z) TOZ 78. in additions to and deletions from the above (AA) Ural Target Rifle, .22LR caliber. list of countries. The ATF will publish (BB) VEPR Rifle. changes to this list in the FEDERAL REG- (CC) Winchester Model 1895, Russian ISTER. Contact the Firearms and Explosives Model Rifle; Imports Branch at (202) 927–8320 for current (2) Ammunition located or manufac- information. tured in Georgia, Kazakstan, (b) Notwithstanding paragraph (a) of Kyrgyzstan, Moldova, Russian Federa- this section, the Director shall deny tion, Turkmenistan, Ukraine, or applications to import into the United Uzbekistan, and ammunition pre- States the following firearms and am- viously manufactured in the Soviet munition: Union, that is 7.62X25mm caliber (also (1) Any firearm located or manufac- known as 7.63X25mm caliber or .30 tured in Georgia, Kazakstan, Mauser); or Kyrgyzstan, Moldova, Russian Federa- (3) A type of firearm the manufacture tion, Turkmenistan, Ukraine, or of which began after February 9, 1996. Uzbekistan, and any firearm previously (c) The provisions of paragraph (b) of manufactured in the Soviet Union, this section shall not affect the fulfill- that is not one of the models listed ment of contracts with respect to fire- below: arms or ammunition entered or with- (i) Pistols/Revolvers: drawn from warehouse for consumption (A) German Model P08 Pistol. in the United States on or before Feb- (B) IZH 34M, .22 caliber Target Pistol. ruary 9, 1996.
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(d) A defense article authorized for cants shall, when required by the Di- importation under this part may not be rector, furnish additional documenta- shipped on a vessel, aircraft or other tion as may be necessary to determine means or conveyance which is owned or whether an import permit application operated by, or leased to or from, any should be approved. of the countries or areas covered by paragraph (a) of this section. [T.D. ATF–202, 50 FR 14382, Apr. 12, 1985, as (e) Applications for permits to im- amended by T.D. ATF–215, 50 FR 42162, Oct. 18, 1985; T.D. ATF–287, 54 FR 13681, Apr. 5, port articles that were manufactured 1989; T.D. ATF–323, 57 FR 24189, June 8, 1992; in, or have been in, a country or area T.D. ATF–349, 58 FR 47831, Sept. 13, 1993; T.D. proscribed under this section may be ATF–367, 60 FR 47866, Sept. 15, 1995; T.D. approved where the articles are covered ATF–396, 62 FR 61234, Nov. 17, 1997] by Category I(a) of the Import List (other than those subject to the provi- § 47.53 Exemptions. sions of 27 CFR Part 179), are import- (a) The provisions of this part are not able as curios or relics under the provi- applicable to: sions of 27 CFR 178.118, and meet the (1) Importations by the United States following criteria: or any agency thereof; (1) The articles were manufactured in a proscribed country or area prior to (2) Importation of components for the date, as established by the Depart- items being manufactured under con- ment of State, the country or area be- tract for the Department of Defense; or came proscribed, or, were manufac- (3) Importation of articles (other tured in a non-proscribed country or than those which would be ‘‘firearms’’ area; and as defined in 18 U.S.C. 921(a)(3) manu- (2) The articles have been stored for factured in foreign countries for per- the five year period immediately prior sons in the United States pursuant to to importation in a non-proscribed Department of State approval. country or area. (b) Any person seeking to import ar- (f) Applicants desiring to import arti- ticles on the U.S. Munitions Import cles claimed to meet the criteria speci- List as exempt under paragraph (a)(2) fied in paragraph (e) of this section or (3) of this section may obtain release shall explain, and certify to, how the of such articles from Customs custody firearms meet the criteria. The certifi- by submitting, to the Customs officer cation statement will be prepared in with authority to release, a statement letter form, executed under the pen- claiming the exemption accompanied alties of perjury, and submitted to the by satisfactory proof of eligibility. Director at the time application is Such proof may be in the form of a let- made for an import permit. The certifi- ter from the Department of Defense or cation statement must be accompanied State, as the case may be, confirming by documentary information on the that the conditions of the exemption country or area of original manufac- are met. ture and on the country or area of stor- age for the five year period imme- [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as amended by T.D. ATF–215, 50 FR 42162, Oct. diately prior to importation. Such in- 18, 1985] formation may, for example, include a verifiable statement in the English § 47.54 Administrative procedures in- language of a government official or applicable. any other person having knowledge of the date and place of manufacture and/ The functions conferred under sec- or the place of storage; a warehouse re- tion 38, Arms Export Control Act of ceipt or other document which provides 1976, as amended, are excluded from the the required history of storage; and operation of Chapter 5, Title 5, United any other document that the applicant States Code, with respect to Rule Mak- believes substantiates the place and ing and Adjudication, 5 U.S.C. 553 and date of manufacture and the place of 554. storage. The Director, however, re- [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as serves the right to determine whether amended by T.D. ATF–215, 50 FR 42162, Oct. documentation is acceptable. Appli- 18, 1985]
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§ 47.55 Departments of State and De- and ammunition which were manufac- fense consulted. tured in the United States must submit The administration of the provisions a statement with the application for a of this part will be subject to the guid- permit certifying that the importation ance of the Secretaries of State and of such firearms or ammunition is not Defense on matters affecting world prohibited by the provisions of para- peace and the external security and graph (a) of this section. The certifi- foreign policy of the United States. cation statement must be accompanied by documentary information on the § 47.56 Authority of Customs officers. original foreign source of the firearms or ammunition. (a) Officers of the U.S. Customs Serv- (b) Paragraph (a) of this section shall ice are authorized to take appropriate not apply if such firearms are curios or action to assure compliance with this relics under 18 U.S.C. 925(e) and the part and with 27 CFR Parts 178 and 179 person seeking to import such firearms as to the importation or attempted im- provides a certification of a foreign portation of articles on the U.S. Muni- government that the firearms were fur- tions Import List, whether or not au- nished to such government under a for- thorized by permit. eign assistance or sales program of the (b) Upon the presentation to him of a United States and that the firearms permit or written approval authorizing are owned by such foreign government. importation of articles on the U.S. Mu- (See 27 CFR 178.118 providing for the nitions Import List, the Customs offi- importation of certain curio or relic cer who has authority to release same handguns, rifles and shotguns.) may require, in addition to such docu- (c) For the purpose of this section, ments as may be required by Customs the term ‘‘military firearms and am- regulations, the production of other munition’’ includes all firearms and relevant documents relating to the pro- ammunition furnished to foreign gov- posed importation, including, but not ernments under a foreign assistance or limited to, invoices, orders, packing sales program of the United States as lists, shipping documents, correspond- set forth in paragraph (a) of this sec- ence, and instructions. tion. [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as (Approved by the Office of Management and amended by T.D. ATF–215, 50 FR 42162, Oct. Budget under OMB Control No. 1512–0017) 18, 1985] [T.D. ATF–287, 54 FR 13681, Apr. 5, 1989, as § 47.57 U.S. military firearms. amended by T.D. ATF–393, 62 FR 61235, Nov. 17, 1997] (a) Notwithstanding any other provi- sion of this part or of 27 CFR Part 178, no military firearms or ammunition of Subpart G—Penalties, Seizures United States manufacture may be im- and Forfeitures ported for sale in the United States (other than for the Armed Forces of § 47.61 Unlawful importation. the United States and its allies or for Any person who willfully: any State or local law enforcement (a) Imports articles on the U.S. Muni- agency) if such articles were furnished tions Import List without a permit; to a foreign government under a for- (b) Engages in the business of import- eign assistance or sales program of the ing articles on the U.S. Munitions Im- United States. port List without registering under (1) The restrictions in paragraph (a) this part; or of this section covers firearms which (c) Otherwise violates any provisions are advanced in value or improved in of this part; condition in a foreign country, but it Shall upon conviction be fined not does not include those which have been more than $1,000,000 or imprisoned not substantially transformed as to be- more than 10 years, or both. come, in effect, articles of foreign man- [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as ufacture. amended at 39 FR 4760, Feb. 7, 1974; T.D. (2) A person desiring to import into ATF–215, 50 FR 42162, Oct. 18, 1985; T.D. ATF– the United States military firearms 287, 54 FR 13681, Apr. 5, 1989]
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§ 47.62 False statements or conceal- Subpart G—Tax Rates ment of facts. 53.61 Imposition and rates of tax. Any person who willfully, in a reg- 53.62 Exemptions. istration or permit application, makes 53.63 Other tax-free sales. any untrue statement of a material fact or fails to state a material fact re- Subparts H–I [Reserved] quired to be stated therein or nec- essary to make the statements therein Subpart J—Special Provisions Applicable not misleading, shall upon conviction to Manufacturers Taxes be fined not more than $1,000,000, or im- 53.91 Charges to be included in sale price. prisoned not more than 10 years, or 53.92 Exclusions from sale price. both. 53.93 Other items relating to tax on sale price. [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as 53.94 Constructive sale price; scope and ap- amended by T.D. ATF–215, 50 FR 42162, Oct. plication. 18, 1985; T.D. ATF–287, 54 FR 13681, Apr. 5, 53.95 Constructive sale price; basic rules. 1989] 53.96 Constructive sale price; special rule for arm’s length sales. § 47.63 Seizure and forfeiture. 53.97 Constructive sale price; affiliated cor- Whoever knowingly imports into the porations. United States contrary to law any arti- 53.98 Computation of tax on leases and in- cle on the U.S. Munitions Import List; stallment sales. or receives, conceals, buys, sells, or in 53.99 Sales of installment accounts. any manner facilitates its transpor- 53.100 Exclusion of local advertising charges from sale price. tation, concealment, or sale after im- 53.101 Limitation on aggregate of exclusions portation, knowing the same to have and price readjustments. been imported contrary to law, shall be 53.102 No exclusion or readjustment for fined not more than $10,000 or impris- other advertising charges or reimburse- oned not more than 5 years, or both; ments. and the merchandise so imported, or 53.103 Lease considered as sale. the value thereof shall be forfeited to 53.104 Limitation on amount of tax applica- the United States. ble to certain leases. (18 U.S.C. 545) USE BY MANUFACTURER OR IMPORTER CONSIDERED SALE [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as 53.111 Tax on use by manufacturer, pro- amended by T.D. ATF–215, 50 FR 42162, Oct. ducer, or importer. 18, 1985] 53.112 Business or personal use of articles. 53.113 Events subsequent to taxable use of PART 53—MANUFACTURERS EXCISE article. TAXES—FIREARMS AND AMMU- 53.114 Use in further manufacture. NITION 53.115 Computation of tax. APPLICATION OF TAX IN CASE OF SALES BY Subpart A—Introduction OTHER THAN MANUFACTURER OR IMPORTER Sec. 53.121 Sales of taxable articles by a person 53.1 Introduction. other than the manufacturer, producer, 53.2 Attachment of tax. or importer. 53.3 Exemption certificates. Subpart K—Exemptions, Registration, Etc. Subpart B—Definitions 53.131 Tax-free sales; general rule. 53.11 Meaning of terms. 53.132 Tax-free sale of articles to be used for, or resold for, further manufacture. Subpart C—Administrative and 53.133 Tax-free sale of articles for export, or Miscellaneous Provisions for resale by the purchaser to a second purchaser for export. 53.21 Forms prescribed. 53.134 Tax-free sale of articles for use by the 53.22 Employer identification number. purchaser as supplies for vessels or air- 53.23 Alternate methods or procedures. craft. 53.24 Records. 53.135 Tax-free sale of articles to State and local governments for their exclusive Subparts D–F [Reserved] use. 671
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