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27 CFR Ch. II (4–1–20 Edition)

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27 CFR Ch. II (4–1–20 Edition) SUBCHAPTER A [RESERVED] SUBCHAPTER B—FIREARMS AND AMMUNITION PARTS 400–446 [RESERVED] Subpart G—Penalties, Seizures and Forfeitures PART 447—IMPORTATION OF 447.61 Unlawful importation. ARMS, AMMUNITION AND IMPLE- 447.62 False statements or concealment of MENTS OF WAR facts. 447.63 Seizure and forfeiture. Subpart A—Scope AUTHORITY: 22 U.S.C. 2778; E.O. 13637, 78 FR 16129 (Mar. 8, 2013). Sec. 447.1 General. SOURCE: T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, unless otherwise noted. Redesignated 447.2 Relation to other laws and regula- by T.D. ATF–487, 68 FR 3747, Jan. 24, 2003. tions. EDITORIAL NOTE: Nomenclature changes to Subpart B—Definitions part 447 appear by T.D. ATF–487, 68 FR 3748, Jan. 24, 2003. 447.11 Meaning of terms. Subpart C—The U.S. Munitions Import List Subpart A—Scope 447.21 The U.S. Munitions Import List. § 447.1 General. 447.22 Forgings, castings, and machined The regulations in this part relate to bodies. that portion of section 38 of the Arms Subpart D—Registration Export Control Act of 1976, as amended, authorizing the President to designate 447.31 Registration requirement. defense articles and defense services as 447.32 Application for registration and re- part of the United States Munitions fund of fee. List (USML) for purposes of import and 447.33 Notification of changes in informa- export controls. To distinguish the list tion furnished by registrants. of defense articles and defense services 447.34 Maintenance of records by persons re- controlled in this part for purposes of quired to register as importers of Import List articles. permanent import from the list of de- 447.35 Forms prescribed. fense articles and defense services con- trolled by the Secretary of State for Subpart E—Permits purposes of export and temporary im- port, this part shall refer to the defense 447.41 Permit requirement. articles and defense services controlled 447.42 Application for permit. for purposes of permanent import as 447.43 Terms of permit. the U.S. Munitions Import List 447.44 Permit denial, revocation or suspen- (USMIL) and shall refer to the export sion. and temporary import control list set 447.45 Importation. 447.46 Articles in transit. out by the Department of State in its International Traffic in Arms Regula- Subpart F—Miscellaneous Provisions tions as the USML. Part 447 contains the USMIL and includes procedural and 447.51 Import certification and delivery administrative requirements relating verification. to registration of importers, permits, 447.52 Import restrictions applicable to cer- articles in transit, import certifi- tain countries. cation, delivery verification, import re- 447.53 Exemptions. strictions applicable to certain coun- 447.54 Administrative procedures inappli- cable. tries, exemptions, U.S. military fire- 447.55 Departments of State and Defense arms and ammunition, penalties, sei- consulted. zures, and forfeitures. The President’s 447.56 Authority of Customs officers. delegation of permanent import con- 447.57 U.S. military defense articles. trol authorities to the Attorney Gen- 447.58 Delegations of the Director. eral provides the Attorney General the 5 VerDate Sep<11>2014 15:19 Jun 12, 2020 Jkt 250113 PO 00000 Frm 00015 Fmt 8010 Sfmt 8010 Q:\27\27V3.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 447.2 27 CFR Ch. II (4–1–20 Edition) authority to assess whether controls import controls of 27 CFR Part 478 but are justified, but in designating the de- are not exempt from control under Sec- fense articles and defense services set tion 38, Arms Export Control Act of out in the USMIL the Attorney Gen- 1976, unless imported by the United eral shall be guided by the views of the States or any agency thereof. All such Secretary of State on matters affecting importations not imported by the world peace and the external security United States or any agency thereof and foreign policy of the United States. shall be subject to the import permit All designations and changes in des- procedures of subpart E of this part. ignations of defense articles and de- (d) For provisions requiring the reg- fense services subject to permanent im- istration of persons engaged in the port control under this part must have business of brokering activities with the concurrence of the Secretary of respect to the importation of any de- State and the Secretary of Defense, fense article or defense service, see De- with notice given to the Secretary of partment of State regulations in 22 Commerce. CFR part 129. [ATF–50F, 78 FR 23676, Apr. 22, 2013] [T.D. ATF–215, 50 FR 42158, Oct. 18, 1985, as amended by T.D. ATF–426, 65 FR 38197, June § 447.2 Relation to other laws and reg- 20, 2000] ulations. (a) All of those items on the U.S. Mu- Subpart B—Definitions nitions Import List (see § 447.21) which are ‘‘firearms’’ or ‘‘ammunition’’ as de- § 447.11 Meaning of terms. fined in 18 U.S.C. 921(a) are subject to the interstate and foreign commerce When used in this part and in forms controls contained in Chapter 44 of prescribed under this part, where not Title 18 U.S.C. and 27 CFR Part 478 and otherwise distinctly expressed or mani- if they are ‘‘firearms’’ within the defi- festly incompatible with the intent nition set out in 26 U.S.C. 5845(a) are thereof, terms shall have the meanings also subject to the provisions of 27 CFR ascribed in this section. Words in the Part 479. Any person engaged in the plural form shall include the singular, business of importing firearms or am- and vice versa, and words imparting munition as defined in 18 U.S.C. 921(a) the masculine gender shall include the must obtain a license under the provi- feminine. The terms ‘‘includes’’ and sions of 27 CFR Part 478, and if he im- ‘‘including’’ do not exclude other ports firearms which fall within the things not enumerated which are in the definition of 26 U.S.C. 5845(a) must also same general class or are otherwise register and pay special tax pursuant within the scope thereof. to the provisions of 27 CFR Part 479. Appropriate ATF officer. An officer or Such licensing, registration and special employee of the Bureau of Alcohol, To- tax requirements are in addition to bacco, Firearms, and Explosives (ATF) registration under subpart D of this specified by ATF Order 1130.34, Delega- part. tion of the Director’s Authorities in 27 (b) The permit procedures of subpart CFR Part 447, Importation of Arms, E of this part are applicable to all im- Ammunition and Implements of War. portations of articles on the U.S. Muni- Article. Any of the defense articles tions Import List not subject to con- enumerated in the U.S. Munitions Im- trols under 27 CFR Part 478 or 479. U.S. port List (USMIL). Munitions Import List articles subject Bureau. Bureau of Alcohol, Tobacco, to controls under 27 CFR Part 478 or 27 Firearms, and Explosives, the Depart- CFR Part 479 are subject to the import ment of Justice. permit procedures of those regulations Carbine. A short-barrelled rifle whose if imported into the United States barrel is generally not longer than 22 (within the meaning of 27 CFR Parts inches and is characterized by light 478 and 479). weight. (c) Articles on the U.S. Munitions CFR. The Code of Federal Regula- Import List imported for the United tions. States or any State or political sub- Chemical agent. A substance useful in division thereof are exempt from the war which, by its ordinary and direct 6 VerDate Sep<11>2014 15:19 Jun 12, 2020 Jkt 250113 PO 00000 Frm 00016 Fmt 8010 Sfmt 8010 Q:\27\27V3.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice § 447.11 chemical action, produces a powerful Import List. The list of articles con- physiological effect. tained in § 447.21 and identified therein Defense articles. Any item designated as ‘‘The U.S. Munitions Import List’’. in § 447.21 or § 447.22. This term includes Machinegun. A ‘‘machinegun’’, ‘‘ma- models, mockups, and other such items chine pistol’’, ‘‘submachinegun’’, or which reveal technical data directly re- ‘‘automatic rifle’’ is a firearm which lating to § 447.21 or § 447.22. shoots, is designed to shoot, or can be Defense services. (a) The furnishing of readily restored to shoot, automati- assistance, including training, to for- cally more than one shot, without eign persons in the design, engineering, manual reloading, by a single function development, production, processing, of the trigger. The term shall also in- manufacture, use, operation, overhaul, clude the frame or receiver of any such repair, maintenance, modification, or weapon, any part designed and in- reconstruction of defense articles, tended solely and exclusively, or com- whether in the United States or bination of parts designed and in- abroad; or tended, for use in converting a weapon (b) The furnishing to foreign persons into a machinegun, and any combina- of any technical data, whether in the tion of parts from which a machinegun United States or abroad. can be assembled if such parts are in Director. The Director, Bureau of Al- the possession or under the control of a cohol, Tobacco, Firearms, and Explo- person. For purposes of this definition, sives, the Department of Justice, the term ‘‘automatically’’ as it modi- Washington, DC 20226. fies ‘‘shoots, is designed to shoot, or Executed under the penalties of perjury. can be readily restored to shoot,’’ Signed with the prescribed declaration means functioning as the result of a under the penalties of perjury as pro- self-acting or self-regulating mecha- vided on or with respect to the applica- nism that allows the firing of multiple tion, form, or other document or, rounds through a single function of the where no form of declaration is pre- trigger; and ‘‘single function of the scribed, with the declaration: ‘‘I de- trigger’’ means a single pull of the trig- clare under the penalties of perjury ger and analogous motions.
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