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

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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

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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. The term that this llllll (insert type of ‘‘machinegun’’ includes a bump-stock- document such as statement, certifi- type device, i.e., a device that allows a cate, application, or other document), semi-automatic firearm to shoot more including the documents submitted in than one shot with a single pull of the support thereof, has been examined by trigger by harnessing the recoil energy me and, to best of my knowledge and of the semi-automatic firearm to which belief, is true, correct, and complete.’’ it is affixed so that the trigger resets Firearms. A weapon, and all compo- and continues firing without additional nents and parts therefor, not over .50 physical manipulation of the trigger by caliber which will or is designed to or the shooter. may be readily converted to expel a projectile by the action of an explosive, Permit. The same as ‘‘license’’ for but shall not include BB and pellet purposes of 22 U.S.C. 1934(c). guns, and muzzle loading (black pow- Person. A partnership, company, as- der) firearms (including any firearm sociation, or corporation, as well as a with a matchlock, flintlock, percussion natural person. cap, or similar type of ignition system) Pistol. A hand-operated firearm hav- or firearms covered by Category I(a) ing a chamber integral with, or perma- established to have been manufactured nently aligned with, the bore. in or before 1898. Revolver. A hand-operated firearm Import or importation. Bringing into with a revolving cylinder containing the United States from a foreign coun- chambers for individual cartridges. try any of the articles on the Import Rifle. A shoulder firearm discharging List, but shall not include intransit, bullets through a rifled barrel at least temporary import or temporary export 16 inches in length, including combina- transactions subject to Department of tion and drilling guns. State controls under Title 22, Code of Sporting type sight including optical. A Federal Regulations. telescopic sight suitable for daylight

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use on a rifle, shotgun, pistol, or re- NOTE: Rifles, carbines, revolvers, and pis- volver for hunting or target shooting. tols, to caliber .50 inclusive, combat shot- This chapter. Title 27, Code of Federal guns, and shotguns with barrels less than 18 inches in length are included under Category Regulations, Chapter II (27 CFR Chap- I(a). Machineguns, submachineguns, machine ter II). 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 United States, the District of Colum- (a) Guns over caliber .50, howitzers, mor- bia, and any territory over which the tars, and recoiless rifles. United States exercises any powers of (b) Military flamethrowers and projectors. (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 limited to mounts and carriages for these ar- (26 U.S.C. 7805 (68A Stat. 917), 27 U.S.C. 205 (49 ticles. Stat. 981 as amended), 18 U.S.C. 926 (82 Stat. 959), and sec. 38, Arms Export Control Act (22 CATEGORY III—AMMUNITION U.S.C. 2778, 90 Stat. 744)) (a) Ammunition for the arms in Categories [T.D. ATF–48, 43 FR 13535, Mar. 31, 1978; 44 I and II of this section. FR 55840, Sept. 28, 1979, as amended by T.D. (b) Components, parts, accessories, and at- ATF–202, 50 FR 14382, Apr. 12, 1985; T.D. ATF– tachments for articles in paragraph (a) of 215, 50 FR 42158, Oct. 18, 1985; T.D. ATF–484, this category, including but not limited to 67 FR 64526, Oct. 21, 2002; ATF–9F, 72 FR cartridge cases, powder bags, bullets, jack- 72938, Dec. 26, 2007; ATF–50F, 78 FR 23677, ets, cores, shells (excluding shotgun shells), Apr. 22, 2013; ATF 2013R–9F, 79 FR 46692, Aug. projectiles, boosters, fuzes and components 11, 2014; ATF 2018R–22F, 83 FR 66553, Dec. 26, therefor, primers, and other detonating de- 2018] vices for such ammunition. (c)–(d) [Reserved] Subpart C—The U.S. Munitions NOTE: Cartridge and shell casings are in- cluded under Category III unless, prior to Import List their importation, they have been rendered useless beyond the possibility of restoration § 447.21 The U.S. Munitions Import for use as a cartridge or shell casing by List. means of heating, flame treatment, man- The following defense articles and de- gling, crushing, cutting, or popping. fense services, designated pursuant to CATEGORY IV—LAUNCH VEHICLES, GUIDED MIS- section 38(a) of the Arms Export Con- SILES, BALLISTIC MISSILES, ROCKETS, TOR- trol Act, 22 U.S.C. 2778(a), and E.O. PEDOES, BOMBS AND MINES 13637 are subject to controls under this part. For purposes of this part, the list (a) Rockets (including but not limited to meteorological and other sounding rockets), shall be known as the U.S. Munitions bombs, grenades, torpedoes, depth charges, Import List (USMIL): land and naval mines, as well as launchers for such defense articles, and demolition THE U.S. MUNITIONS IMPORT LIST blocks and blasting caps. CATEGORY I—FIREARMS (b) Launch vehicles and missile and anti- missile systems including but not limited to (a) Nonautomatic and semiautomatic fire- guided, tactical and strategic missiles, arms, to caliber .50 inclusive, combat shot- launchers, and systems. guns, and shotguns with barrels less than 18 (c) Apparatus, devices, and materials for inches in length, and all components and the handling, control, activation, moni- parts for such firearms. toring, detection, protection, discharge, or (b) Automatic firearms and all components detonation of the articles in paragraphs (a) and parts for such firearms to caliber .50 in- and (b) of this category. Articles in this cat- clusive. egory include, but are not limited to, the fol- (c) Insurgency-counterinsurgency type lowing: Fuses and components for the items firearms of other weapons having a special in this category, bomb racks and shackles, military application (e.g. close assault weap- bomb shackle release units, bomb ejectors, ons systems) regardless of caliber and all torpedo tubes, torpedo and guided missile components and parts for such firearms. boosters, guidance system equipment and (d) Firearms silencers and suppressors, in- parts, launching racks and projectors, pistols cluding flash suppressors. (exploders), igniters, fuze arming devices, (e) [Reserved] intervalometers, guided missile launchers

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and specialized handling equipment, and (i) Patrol Combatants (PC, PHM) hardened missile launching facilities. (ii) Amphibious Helicopter/Landing Craft (d) Missile and space vehicle powerplants. Carriers (LHA, LPD, LPH) (e) Military explosive excavating devices. (iii) Amphibious Landing Craft Carriers (f) [Reserved] (LKA, LPA, LSD, LST) (g) Non/nuclear warheads for rockets and (iv) Amphibious Command Ships (LCC) guided missiles. (v) Mine Warfare Ships (MSO). (h) All specifically designed components or (b) Auxiliaries: modified components, parts, accessories, at- (1) Mobile Logistics Support: tachments, and associated equipment for the (i) Under way Replenishment (AD, AF, articles in this category. AFS, AO, AOE, AOR) (ii) Material Support (AD, AR, AS). NOTE: Military demolition blocks and blasting caps referred to in Category IV(a) do (2) Support Ships: not include the following articles: (i) Fleet Support Ships (ARS, ASR, ATA, (a) Electric squibs. ATF, ATS) (b) No. 6 and No. 8 blasting caps, including (ii) Other Auxiliaries (AG, AGDS, AGF, electric ones. AGM, AGOR, AGOS, AGS, AH, AK, AKR, (c) Delay electric blasting caps (including AOG, AOT, AP, APB, ARC, ARL, AVM, No. 6 and No. 8 millisecond ones). AVT). (d) Seismograph electric blasting caps (in- (c) Combatant Craft: (1) Patrol Craft: cluding SSS, Static-Master, Vibrocap SR, (i) Coastal Patrol Combatants (PB, PCF, and SEISMO SR). PCH, PTF) (e) Oil well perforating devices. (ii) River, Roadstead Craft (ATC, PBR). CATEGORY V [Reserved] (2) Amphibious Warfare Craft: (i) Landing Craft (AALC, LCAC, LCM, CATEGORY VI—VESSELS OF WAR AND SPECIAL LCPL, LCPR, LCU, LWT, SLWT) NAVAL EQUIPMENT (ii) Special Warfare Craft (LSSC, MSSC, SDV, SWCL, SWCM). (a) Vessels of War, if they are armed and (3) Mine Warfare Craft: equipped with offensive or defensive weapon (i) Mine Countermeasures Craft (MSB, systems, including but not limited to am- MSD, MSI, MSM, MSR). phibious warfare vessels, landing craft, mine (d) Support and Service Craft: warfare vessels, patrol vessels, auxiliary ves- (1) Tugs (YTB, YTL, YTM) sels, service craft, experimental types of (2) Tankers (YO, YOG, YW) naval ships, and any vessels specifically de- (3) Lighters (YC, YCF, YCV, YF, YFN, signed or modified for military purposes or YFNB, YFNX, YFR, YFRN, YFU, YG, YGN, other surface vessels equipped with offensive YOGN, YON, YOS, YSR, YWN) or defensive military systems. (4) Floating Dry Docks (AFDB, AFDL, (b) Turrets and gun mounts, special weap- AFDM, ARD, ARDM, YFD) ons systems, protective systems, and other (5) Miscellaneous (APL, DSRV, DSV, IX, components, parts, attachments, and acces- NR, YAG, YD, YDT, YFB, YFND, YEP, sories specifically designed or modified for YFRT, YHLC, YM, YNG, YP, YPD, YR, YRB, such articles on combatant vessels. YRBN, YRDH, YRDM, YRR, YRST, YSD). (c)–(d) [Reserved] (e) Coast Guard Patrol and Service Vessels (e) Naval nuclear propulsion plants, their and Craft: land prototypes and special facilities for (1) Coast Guard Cutters (CGC, WHEC, their construction, support and mainte- WMEC) nance. This includes any machinery, device, (2) Patrol Craft (WPB) component, or equipment specifically devel- (3) Icebreakers (WAGB) oped or designed or modified for use in such (4) Oceanography Vessels (WAGO) plants or facilities. (5) Special Vessels (WIX) NOTE: The term ‘‘vessels of war’’ includes, (6) Buoy Tenders (WLB, WLM, WLI, WLR, but is not limited to, the following, if armed WLIC) and equipped with offensive or defensive (7) Tugs (WYTM, WYTL) weapons systems:’’. (8) Light Ships (WLV). (a) Combatant vessels: CATEGORY VII—TANKS AND MILITARY VEHICLES (1) Warships (including nuclear-powered versions): (a) Military type armed or armored vehi- (i) Aircraft carriers (CV, CVN) cles, military railway trains, and vehicles (ii) Battleships (BB) specifically designed or modified to accom- (iii) Cruisers (CA, CG, CGN) modate mountings for arms or other special- (iv) Destroyers (DD, DDG) ized military equipment or fitted with such (v) Frigates (FF, FFG) items. (vi) Submarines (SS, SSN, SSBN, SSG, (b) Military tanks, combat engineer vehi- SSAG). cles, bridge launching vehicles, halftracks (2) Other Combatant Classifications: and gun carriers.

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(c) Self-propelled guns and howitzers. CATEGORY VIII—AIRCRAFT AND ASSOCIATED (d)–(e) [Reserved] EQUIPMENT (f) Amphibious vehicles. (a) Aircraft, including but not limited to (g) [Reserved] helicopters, non-expansive balloons, drones (h) Tank and military vehicle parts, com- and lighter-than-air aircraft, which are spe- ponents, accessories, attachments, and asso- cifically designed, modified, or equipped for ciated equipment for offensive or defensive military purposes. This includes but is not systems for the articles in this category, as limited to the following military purposes: follows: gunnery, bombing, rocket or missile launch- (1) Armored hulls, armored turrets and tur- ing, electronic and other surveillance, recon- ret support rings; naissance, refueling, aerial mapping, mili- (2) Active protection systems (i.e., defen- tary liaison, cargo carrying or dropping, per- sive systems that actively detect and track sonnel dropping, airborne warning and con- incoming threats and launch a ballistic, ex- trol, and military training. plosive, energy or electromagnetic counter- (b) [Reserved] measure(s) to neutralize the threat prior to NOTE: In Category VIII, ‘‘aircraft’’ means contact with a vehicle); aircraft designed, modified, or equipped for a (3) Composite armor parts and components; military purpose, including aircraft de- (4) Spaced armor components and parts, in- scribed as ‘‘demilitarized.’’ All aircraft bear- cluding slat armor parts and components; ing an original military designation are in- (5) Reactive armor and components; cluded in Category VIII. However, the fol- (6) Electromagnetic armor parts and com- lowing aircraft are not so included so long as ponents, including pulsed power; they have not been specifically equipped, re- (7) Gun mount, stabilization, turret drive, equipped, or modified for military oper- and automatic elevating systems; ations: (8) Kits specifically designed to convert a (a) Cargo aircraft bearing ‘‘C’’ designations vehicle in this category into either an un- and numbered C–45 through C–118 inclusive, manned or a driver-optional vehicle. For a and C–121 through C–125 inclusive, and C–131, kit to be controlled by this paragraph it using reciprocating engines only. must include all of the following: (b) Trainer aircraft bearing ‘‘T’’ designa- (i) Remote or autonomous steering; tions and using reciprocating engines or tur- (ii) Acceleration and braking; and boprop engines with less than 600 horsepower (iii) A control system; (s.h.p.). (9) Fire control computers, stored manage- (c) Utility aircraft bearing ‘‘U’’ designa- ment systems, armaments control proc- tions and using reciprocating engines only. essors, vehicle weapon interface units and (d) All liaison aircraft bearing an ‘‘L’’ des- computers; ignation. (e) All observation aircraft bearing ‘‘O’’ (10) Electro-optical sighting systems; and designations and using reciprocating en- (11) Laser rangefinder or target desig- gines. nating devices. (i) Other ground vehicles having all of the CATEGORIES IX–XIII [Reserved] following: (1) Manufactured or fitted with materials CATEGORY XIV—TOXICOLOGICAL AGENTS AND or components to provide ballistic protec- EQUIPMENT AND RADIOLOGICAL EQUIPMENT tion to level III (NIJ 0108.01, September 1985) (a) Chemical agents, including but not lim- or better; ited to lung irritants, vesicants, (2) A transmission to provide drive to both lachrymators, and tear gases (except tear front and rear wheels simultaneously, in- gas formulations containing 1% or less CN or cluding those vehicles having additional CS), sternutators and irritant smoke, and wheels for load bearing purposes whether nerve gases and incapacitating agents. driven or not; (b) [Reserved] (3) Gross Vehicle Weight Rating (GVWR) (c) All specifically designed or modified greater than 4,500 kg; and equipment, including components, parts, ac- (4) Designed or modified for off-road use. cessories, and attachments for disseminating NOTE: An ‘‘amphibious vehicle’’ in Cat- the articles in paragraph (a) of this category. egory VII(f) is a vehicle or chassis that is (d)–(e)[Reserved] equipped to meet special military require- NOTE: A chemical agent in Category XIV(a) ments, and that is designed or adapted for is a substance having military application operation on or under water, as well as on which by its ordinary and direct chemical land. action produces a powerful physiological ef- NOTE: Engines and engine parts are not in- fect. The term ‘‘chemical agent’’ includes, cluded in paragraph (h) of Category VII. but is not limited to, the following chemical NOTE: Paragraph (i) of Category VII does compounds: not apply to civil vehicles designed or modi- (a) Lung irritants: fied for transporting money or valuables. (1) Diphenylcyanoarsine (DC).

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(2) Fluorine (but not fluorene). part from technology developed by or for the (3) Trichloronitro methane (chloropicrin U.S. Armed Forces. PS). (c) Any of the articles in Category VI and (b) Vesicants: elsewhere in this part specifically designed (1) B-Chlorovinyldichloroarsine (Lewisite, or modified for use with submersible vessels, L). and oceanographic or associated equipment (2) Bis(dichlorethyl) sulphide (Mustard assigned a military designation. Gas, HD or H). (d) Equipment, components, parts, acces- (3) Ethyldichloroarsine (ED). (4) Methyldichloroarsine (MD). sories, and attachments specifically designed (c) Lachrymators and tear gases: for any of the articles in paragraphs (a) and (1) A-Brombenzyl cyanide (BBC). (b) of this category. (2) Chloroacetophenone (CN). (3) Dibromodimethyl ether. CATEGORY XXI—MISCELLANEOUS ARTICLES (4) Dichlorodimethyl ether (ClCi). Any defense article or defense service not (5) Ethyldibromoarsine. specifically enumerated in the other cat- (6) Phenylcarbylamine chloride. egories of the USMIL that has substantial (7) Tear gas solutions (CNB and CNS). military applicability and that has been spe- (8) Tear gas cifically designed or modified for military orthochlorobenzalmalononitrile (CS). (d) Sternutators and irritant smokes: purposes. The decision as to whether any ar- (1) Diphenylamine chloroarsine (Adamsite, ticle may be included in this category shall DM). be made by the Attorney General with the (2) Diphenylchloroarsine (BA). concurrence of the Secretary of State and (3) Liquid pepper. the Secretary of Defense. (e) Nerve agents, gases, and aerosols. These [T.D. ATF–215, 50 FR 42158, Oct. 18, 1985; 50 are toxic compounds which affect the nerv- FR 46647, Nov. 12, 1985, as amended by T.D. ous system, such as: ATF–426, 65 FR 38197, June 20, 2000; ATF–9F, (1) Dimethylaminoethoxycyanophosphine oxide (GA). 72 FR 72938, Dec. 26, 2007; ATF–50F, 78 FR (2) Methylisopropoxyfluorophosphine oxide 23677, Apr. 22, 2013; ATF–25I, 79 FR 17028, Mar. (GB). 27, 2014] (3) Methylpinacolyloxyfluoriphosphine oxide (GD). § 447.22 Forgings, castings, and ma- (f) Antiplant chemicals, such as: Butyl 2- chined bodies. chloro-4-fluorophenoxyacetate (LNF). Articles on the U.S. Munitions Im- CATEGORY XV [Reserved] port List include articles in a partially completed state (such as forgings, cast- CATEGORY XVI—NUCLEAR WEAPONS DESIGN AND ings, extrusions, and machined bodies) TEST EQUIPMENT which have reached a stage in manu- (a)[Reserved] facture where they are clearly identifi- (b) Modeling or simulation tools that able as defense articles. If the end-item model or simulate the environments gen- erated by nuclear detonations or the effects is an article on the U.S. Munitions Im- of these environments on systems, sub- port List, (including components, ac- systems, components, structures, or humans. cessories, attachments and parts) then NOTE: Category XVI does not include the particular forging, casting, extru- equipment, technical data, or services con- sion, machined body, etc., is considered trolled by the Department of Energy pursu- a defense article subject to the controls ant to the Atomic Energy Act of 1954, as of this part, except for such items as amended, and the Nuclear Non-Proliferation Act of 1978, as amended, or are government are in normal commercial use. transfers authorized pursuant to these Acts. [T.D. ATF–215, 50 FR 42160, Oct. 18, 1985] CATEGORY XVII–XIX [Reserved] Subpart D—Registration CATEGORY XX—SUBMERSIBLE VESSELS, OCEANOGRAPHIC AND ASSOCIATED EQUIPMENT § 447.31 Registration requirement. (a) Submersible vessels, manned and un- manned, designed or modified for military Persons engaged in the business, in purposes or having independent capability to the United States, of importing arti- maneuver vertically or horizontally at cles enumerated on the U.S. Munitions depths below 1,000 feet, or powered by nu- Import List must register by making clear propulsion plants. an application on ATF Form 4587. (b) Submersible vessels, manned or un- manned, designed or modified in whole or in [T.D. ATF–484, 67 FR 64526, Oct. 21, 2002]

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§ 447.32 Application for registration cles subject to controls under 27 CFR and refund of fee. Parts 478 and 479 shall maintain (a) Application for registration must records in accordance with the applica- be filed on ATF Form 4587 and must be ble provisions of those parts. accompanied by the registration fee at (b) Registrants under this part en- the rate prescribed in this section. The gaged in importing articles on the U.S. appropriate ATF officer will approve Munitions Import List subject to the the application and return the original permit procedures of subpart E of this to the applicant. part must maintain for a period of 6 (b) Registration may be effected for years records bearing on such articles periods of from 1 to 5 years at the op- imported, including records concerning tion of the registrant by identifying on their acquisition and disposition, in- Form 4587 the period of registration de- cluding Forms 6 and 6A. The appro- sired. The registration fees are as fol- priate ATF officer may prescribe a lows: longer or shorter period in individual 1 year ...... $250 cases as such officer deems necessary. 2 years ...... 500 See § 478.129 of this chapter for articles 3 years ...... 700 subject to import control under part 4 years ...... 850 478 of this chapter. 5 years ...... 1,000 (Approved by the Office of Management and (c) Fees paid in advance for whole fu- Budget under control number 1140–0032) ture years of a multiple year registra- [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as tion will be refunded upon request if amended by T.D. ATF–172, 49 FR 14941, Apr. the registrant ceases to engage in im- 16, 1984; T.D. ATF–215, 50 FR 42161, Oct. 18, porting articles on the U.S. Munitions 1985; T.D. ATF–426, 65 FR 38197, June 20, 2000; Import List. A request for a refund T.D. ATF–484, 67 FR 64526, Oct. 21, 2002; ATF– must be submitted to the appropriate 11F, 73 FR 57240, Oct. 2, 2008] ATF officer at the Bureau of Alcohol, § 447.35 Forms prescribed. Tobacco, Firearms, and Explosives, Martinsburg, WV 25405, prior to the be- (a) The appropriate ATF officer is au- ginning of any year for which a refund thorized to prescribe all forms required is claimed. by this part. All of the information called for in each form shall be fur- (Approved by the Office of Management and nished as indicated by the headings on Budget under control number 1140–0009) the form and the instructions on or [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as pertaining to the form. In addition, in- amended by T.D. ATF–215, 50 FR 42161, Oct. formation called for in each form shall 18, 1985; T.D. ATF–484, 67 FR 64526, Oct. 21, be furnished as required by this part. 2002; ATF–11F, 73 FR 57240, Oct. 2, 2008; ATF 2013R–9F, 79 FR 46692, Aug. 11, 2014] The form will be filed in accordance with the instructions for the form. § 447.33 Notification of changes in in- (b) Forms may be requested from the formation furnished by registrants. ATF Distribution Center (http:// Registered persons shall notify the www.atf.gov) or by calling (202) 648–6420. appropriate ATF officer in writing, in [T.D. ATF–92, 46 FR 46914, Sept. 23, 1981, as duplicate, of significant changes in the amended by T.D. ATF–249, 52 FR 5961, Feb. information set forth in their registra- 27, 1987; T.D. ATF–426, 65 FR 38197, June 20, tion 2000; T.D. ATF–484, 67 FR 64526, Oct. 21, 2002; ATF–11F, 73 FR 57240, Oct. 2, 2008; ATF (Approved by the Office of Management and 2013R–9F, 79 FR 46692, Aug. 11, 2014] Budget under control number 1140–0009) [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as Subpart E—Permits amended by T.D. ATF–215, 50 FR 42161, Oct. 18, 1985; ATF–11F, 73 FR 57240, Oct. 2, 2008] § 447.41 Permit requirement. § 447.34 Maintenance of records by (a) Articles on the U.S. Munitions persons required to register as im- Import List will not be imported into porters of Import List articles. the United States except pursuant to a (a) Registrants under this part en- permit under this subpart. For articles gaged in the business of importing arti- subject to control under parts 478 or 479

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of this chapter, a separate permit is (E) The length of barrel, if any (in not necessary. inches); (b) Articles on the U.S. Munitions (F) The overall length, if a firearm Import List intended for the United (in inches); States or any State or political sub- (G) The serial number, if known; division thereof, or the District of Co- (H) Whether the defense article is lumbia, which are exempt from import new or used; controls of 27 CFR 478.115 shall not be (I) The quantity; imported into the United States, ex- (J) The unit cost of the firearm, fire- cept by the United States or agency arm barrel, ammunition, or other de- thereof, without first obtaining a per- fense article to be imported; mit under this subpart. (K) The category of U.S. Munitions (c) A permit is not required for the Import List under which the article is importation of— regulated; (1)(i) The U.S. Munitions Import List (v) The specific purpose of importa- articles from Canada, except articles tion, including final recipient informa- enumerated in Categories I, II, III, IV, tion if different from the importer; and VI(e), VIII(a), XVI, and XX; and (vi) Certification of origin. (ii) Nuclear weapons strategic deliv- (2)(i) If the appropriate ATF officer ery systems and all specifically de- approves the application, such ap- signed components, parts, accessories, proved application will serve as the attachments, and associated equipment permit to import the defense article thereof (see Category XXI); or described therein, and importation of (2) Minor components and parts for such defense article may continue to be Category I(a) and I(b) firearms, except made by the licensed/registered im- barrels, cylinders, receivers (frames) or porter (if applicable) under the ap- complete breech mechanisms, when the proved application (permit) during the total value does not exceed $100 whole- period specified thereon. The appro- sale in any single transaction. priate ATF officer will furnish the ap- proved application (permit) to the ap- [T.D. ATF–215, 50 FR 42161, Oct. 18, 1985, as plicant and retain two copies thereof amended by T.D. ATF–426, 65 FR 38197, June 20, 2000; T.D. ATF–484, 67 FR 64526, Oct. 21, for administrative use. 2002] (ii) If the Director disapproves the application, the licensed/registered im- § 447.42 Application for permit. porter (if applicable) will be notified of (a)(1) Persons required to obtain a the basis for the disapproval. permit as provided in § 447.41 must file (b) For additional requirements re- a Form 6—Part I. The application must lating to the importation of plastic ex- be signed and dated and must contain plosives into the United States on or the information requested on the form, after April 24, 1997, see § 555.183 of this including: title. (i) The name, address, telephone (Approved by the Office of Management and number, license and registration num- Budget under control number 1140–0005) ber, if any (including expiration date) [T.D. ATF–215, 50 FR 42161, Oct. 18, 1985, as of the importer; amended by T.D. ATF–387, 62 FR 8376, Feb. (ii) The country from which the de- 25, 1997; T.D. ATF–426, 65 FR 38197, June 20, fense article is to be imported; 2000;T.D. ATF–484, 67 FR 64526, Oct. 21, 2002; (iii) The name and address of the for- ATF–11F, 73 FR 57240, Oct. 2, 2008] eign seller and foreign shipper; (iv) A description of the defense arti- § 447.43 Terms of permit. cle to be imported, including— (a) Import permits issued under this (A) The name and address of the subpart are valid for two years from manufacturer; their issuance date unless a different (B) The type (e.g., rifle, shotgun, pis- period of validity is stated thereon. tol, revolver, aircraft, vessel, and in They are not transferable. the case of ammunition only, ball, (b) If shipment cannot be completed wadcutter, shot, etc.); during the period of validity of the per- (C) The caliber, gauge, or size; mit, another application must be sub- (D) The model; mitted for permit to cover the

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unshipped balance. Such an application not require issuance of an export li- shall make reference to the previous cense, the importer must submit a cer- permit and may include materials in tification, under penalty of perjury, to addition to the unshipped balance. that effect. (c) No amendments or alteration of a (1) In obtaining the release from Cus- permit may be made, except by the ap- toms custody of an article imported propriate ATF officer. pursuant to a permit, the permit hold- [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as er will prepare and file Form 6A ac- amended by T.D. ATF–325, 57 FR 29787, July cording to its instructions. 7, 1992; T.D. ATF–426, 65 FR 38197, June 20, (2) The ATF Form 6A must contain 2000; ATF–26F, 79 FR 7396, Feb. 7, 2014] the information requested on the form, including: § 447.44 Permit denial, revocation or suspension. (i) The name, address, and license number (if any) of the importer; (a) Import permits under this subpart (ii) The name of the manufacturer of may be denied, revoked, suspended or the defense article; revised without prior notice whenever (iii) The country of manufacture; the appropriate ATF officer finds the proposed importation to be incon- (iv) The type; sistent with the purpose or in violation (v) The model; of section 38, Arms Export Control Act (vi) The caliber, gauge, or size; of 1976 or the regulations in this part. (vii) The serial number in the case of (b) Whenever, after appropriate con- firearms, if known; and sideration, a permit application is de- (viii) The number of defense articles nied or an outstanding permit is re- released. voked, suspended, or revised, the appli- (b) Within 15 days of the date of their cant or permittee shall be promptly ad- release from Customs custody, the im- vised in writing of the appropriate ATF porter of the articles released will for- officer’s decision and the reasons there- ward to the address specified on the for. form a copy of Form 6A on which will (c) Upon written request made within be reported any error or discrepancy 30 days after receipt of an adverse deci- appearing on the Form 6A certified by sion, the applicant or permittee shall Customs and serial numbers if not pre- be accorded an opportunity to present viously provided on ATF Form 6A. additional information and to have a full review of his case by the appro- (Approved by the Office of Management and priate ATF officer. Budget under control number 1140–0007) (d) Unused, expired, suspended, or re- [T.D. ATF–215, 50 FR 42161, Oct. 18, 1985, as voked permits must be returned imme- amended by T.D. ATF–426, 65 FR 38197, June diately to the appropriate ATF officer. 20, 2000; T.D. ATF–484, 67 FR 64526, Oct. 21, 2002; ATF–11F, 73 FR 57240, Oct. 2, 2008] [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as amended by T.D. ATF–215, 50 FR 42161, Oct. § 447.46 Articles in transit. 18, 1985] Articles subject to the import permit § 447.45 Importation. procedures of this subpart which enter (a) Articles subject to the import per- the United States for temporary de- mit procedures of this subpart im- posit pending removal therefrom and ported into the United States may be such articles which are temporarily released from Customs custody to the taken out of the United States for re- person authorized to import same upon turn thereto shall be regarded as in his showing that he has a permit for transit and will be considered neither the importation of the article or arti- imported nor exported under this part. cles to be released. For articles in Cat- Such transactions are subject to the egories I and III imported by a reg- Intransit or Temporary Export License istered importer, the importer will also procedures of the Department of State submit to Customs a copy of the export (see 22 CFR Part 123). license authorizing the export of the [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as article or articles from the exporting amended by T.D. ATF–215, 50 FR 42161, Oct. country. If the exporting country does 18, 1985]

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Subpart F—Miscellaneous beria, Rwanda, Somalia, Sudan, and Provisions UNITA (Angola)). It also applies when an import would not be in furtherance § 447.51 Import certification and deliv- of world peace and the security and for- ery verification. eign policy of the United States. Pursuant to agreement with the NOTE: Changes in foreign policy may result United States, certain foreign coun- in additions to and deletions from the above tries are entitled to request certifi- list of countries. The ATF will publish changes to this list in the FEDERAL REG- cation of legality of importation of ar- ISTER. Contact the Firearms and Explosives ticles on the U.S. Munitions Import Imports Branch at (304) 616–4550 for current List. Upon request of a foreign govern- information. ment, the appropriate ATF officer will (b) Notwithstanding paragraph (a) of certify the importation, on Form ITA– this section, the appropriate ATF offi- 645P/ATF–4522/DSP53, for the U.S. im- cer shall deny applications to import porter. Normally, the U.S. importer into the United States the following will submit this form at the time he firearms and ammunition: applies for an import permit. This doc- (1) Any firearm located or manufac- ument will serve as evidence to the tured in Georgia, Kazakstan, government of the exporting company Kyrgyzstan, Moldova, Russian Federa- that the U.S. importer has complied tion, Turkmenistan, Ukraine, or with import regulations of the U.S. Uzbekistan, and any firearm previously Government and is prohibited from di- manufactured in the Soviet Union, verting, transshipping, or reexporting that is not one of the models listed the material described therein without below: the approval of the U.S. Government. (i) Pistols/Revolvers: Foreign governments may also require (A) German Model P08 Pistol. documentation attesting to the deliv- (B) IZH 34M, .22 caliber Target Pistol. ery of the material into the United (C) IZH 35M, .22 caliber Target Pistol. States. When such delivery certifi- (D) Mauser Model 1896 Pistol. cation is requested by a foreign govern- (E) MC–57–1 Pistol. ment, the U.S. importer may obtain di- (F) MC–1–5 Pistol. rectly from the U.S. District Director (G) Polish Vis Model 35 Pistol. of Customs the authenticated Delivery (H) Soviet Nagant Revolver. Verification Certificate (U.S. Depart- (I) TOZ 35, .22 caliber Target Pistol. ment of Commerce Form ITA–647P) for (ii) Rifles: this purpose. (A) BARS–4 Bolt Action Carbine. (B) Biathlon Target Rifle, .22LR cal- (Approved by the Office of Management and Budget under control number 0625–0064) iber. (C) British Enfield Rifle. [T.D. ATF–215, 50 FR 42162, Oct. 18, 1985, as (D) CM2, .22 caliber Target Rifle (also amended by T.D. ATF–484, 67 FR 64526, Oct. known as SM2, 22 caliber). 21, 2002] (E) German Model 98K Rifle. (F) German Model G41 Rifle. § 447.52 Import restrictions applicable to certain countries. (G) German Model G43 Rifle. (H) IZH–94. (a) It is the policy of the United (I) LOS–7 Bolt Action Rifle. States to deny licenses and other ap- (J) MC–7–07. provals with respect to defense articles (K) MC–18–3. and defense services originating in cer- (L) MC–19–07. tain countries or areas. This policy ap- (M) MC–105–01. plies to Afghanistan, Belarus (one of (N) MC–112–02. the states composing the former Soviet (O) MC–113–02. Union), Cuba, Iran, Iraq, Libya, Mon- (P) MC–115–1. golia, North Korea, Sudan, Syria, and (Q) MC–125/127. Vietnam. This policy applies to coun- (R) MC–126. tries or areas with respect to which the (S) MC–128. United States maintains an arms em- (T) Saiga Rifle. bargo (e.g., Burma, China, the Demo- (U) Soviet Model 38 Carbine. cratic Republic of the Congo, Haiti, Li- (V) Soviet Model 44 Carbine.

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(W) Soviet Model 91/30 Rifle. shall explain, and certify to, how the (X) TOZ 18, .22 caliber Bolt Action firearms meet the criteria. The certifi- Rifle. cation statement will be prepared in (Y) TOZ 55. letter form, executed under the pen- (Z) TOZ 78. alties of perjury, and should be sub- (AA) Ural Target Rifle, .22LR caliber. mitted with the application for an im- (BB) VEPR Rifle. port permit. The certification state- (CC) Winchester Model 1895, Russian ment must be accompanied by docu- Model Rifle; mentary information on the country or (2) Ammunition located or manufac- area of original manufacture and on tured in Georgia, Kazakstan, the country or area of storage for the Kyrgyzstan, Moldova, Russian Federa- five year period immediately prior to tion, Turkmenistan, Ukraine, or importation. Such information may, Uzbekistan, and ammunition pre- for example, include a verifiable state- viously manufactured in the Soviet ment in the English language of a gov- Union, that is 7.62 × 25mm caliber (also ernment official or any other person known as 7.63 × 25mm caliber or .30 having knowledge of the date and place Mauser); or of manufacture and/or the place of (3) A type of firearm the manufacture storage; a warehouse receipt or other of which began after February 9, 1996. document which provides the required (c) The provisions of paragraph (b) of history of storage; and any other docu- this section shall not affect the fulfill- ment that the applicant believes sub- ment of contracts with respect to fire- stantiates the place and date of manu- arms or ammunition entered or with- facture and the place of storage. The drawn from warehouse for consumption appropriate ATF officer, however, re- in the United States on or before Feb- serves the right to determine whether ruary 9, 1996. documentation is acceptable. Appli- (d) A defense article authorized for cants shall, when required by the ap- importation under this part may not be propriate ATF officer, furnish addi- shipped on a vessel, aircraft or other tional documentation as may be nec- means or conveyance which is owned or essary to determine whether an import operated by, or leased to or from, any permit application should be approved. of the countries or areas covered by [T.D. ATF–202, 50 FR 14382, Apr. 12, 1985, as paragraph (a) of this section. amended by T.D. ATF–215, 50 FR 42162, Oct. (e) Applications for permits to im- 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. ATF–367, 60 FR 47866, Sept. 15, 1995; T.D. proscribed under this section may be ATF–396, 62 FR 61234, Nov. 17, 1997; T.D. approved where the articles are covered ATF–484, 67 FR 64526, Oct. 21, 2002; ATF–9F, by Category I(a) of the Import List 72 FR 72938, Dec. 26, 2007] (other than those subject to the provi- sions of 27 CFR Part 479), are import- § 447.53 Exemptions. able as curios or relics under the provi- (a) The provisions of this part are not sions of 27 CFR 478.118, and meet the applicable to: following criteria: (1) Importations by the United States (1) The articles were manufactured in or any agency thereof; 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

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of such articles from Customs custody lists, shipping documents, correspond- by submitting, to the Customs officer ence, and instructions. with authority to release, a statement [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as claiming the exemption accompanied amended by T.D. ATF–215, 50 FR 42162, Oct. by satisfactory proof of eligibility. 18, 1985] Such proof may be in the form of a let- ter from the Department of Defense or § 447.57 U.S. military defense articles. State, as the case may be, confirming (a)(1) Notwithstanding any other pro- that the conditions of the exemption vision of this part or of parts 478 or 479 are met. of this chapter, no military defense ar- ticle of United States manufacture [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as may be imported into the United amended by T.D. ATF–215, 50 FR 42162, Oct. 18, 1985] States if such article was furnished to a foreign government under a foreign § 447.54 Administrative procedures in- assistance or foreign military sales applicable. program of the United States. (2) The restrictions in paragraph The functions conferred under sec- (a)(1) of this section cover defense arti- tion 38, Arms Export Control Act of cles which are advanced in value or im- 1976, as amended, are excluded from the proved in condition in a foreign coun- operation of Chapter 5, Title 5, United try, but do not include those which States Code, with respect to Rule Mak- have been substantially transformed as ing and Adjudication, 5 U.S.C. 553 and to become, in effect, articles of foreign 554. manufacture. [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as (b) Paragraph (a) of this section will amended by T.D. ATF–215, 50 FR 42162, Oct. not apply if: 18, 1985] (1) The applicant submits with the ATF Form 6—Part I application writ- § 447.55 Departments of State and De- ten authorization from the Department fense consulted. of State to import the defense article; The administration of the provisions and of this part will be subject to the guid- (2) In the case of firearms, such fire- ance of the Secretaries of State and arms are curios or relics under 18 Defense on matters affecting world U.S.C. 925(e) and the person seeking to import such firearms provides a certifi- peace and the external security and cation of a foreign government that foreign policy of the United States. the firearms were furnished to such § 447.56 Authority of Customs officers. government under a foreign assistance or foreign military sales program of (a) Officers of the U.S. Customs Serv- the United States and that the fire- ice are authorized to take appropriate arms are owned by such foreign govern- action to assure compliance with this ment. (See § 478.118 of this chapter pro- part and with 27 CFR Parts 478 and 479 viding for the importation of certain as to the importation or attempted im- curio or relic handguns, rifles and shot- portation of articles on the U.S. Muni- guns.) tions Import List, whether or not au- (c) For the purpose of this section, thorized by permit. the term ‘‘military defense article’’ in- (b) Upon the presentation to him of a cludes all defense articles furnished to permit or written approval authorizing foreign governments under a foreign importation of articles on the U.S. Mu- assistance or foreign military sales nitions Import List, the Customs offi- program of the United States as set cer who has authority to release same forth in paragraph (a) of this section. may require, in addition to such docu- (Approved by the Office of Management and ments as may be required by Customs Budget under OMB Control No. 1140–0005) regulations, the production of other [T.D. ATF–287, 54 FR 13681, Apr. 5, 1989, as relevant documents relating to the pro- amended by T.D. ATF–393, 62 FR 61235, Nov. posed importation, including, but not 17, 1997; T.D. ATF–426, 65 FR 38198, June 20, limited to, invoices, orders, packing 2000; ATF–11F, 73 FR 57240, Oct. 2, 2008]

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§ 447.58 Delegations of the Director. or receives, conceals, buys, sells, or in The regulatory authorities of the Di- any manner facilitates its transpor- rector contained in this part are dele- tation, concealment, or sale after im- gated to appropriate ATF officers. portation, knowing the same to have These ATF officers are specified in been imported contrary to law, shall be ATF O 1130.34, Delegation of the Direc- fined not more than $10,000 or impris- tor’s Authorities in 27 CFR Part 447. oned not more than 5 years, or both; ATF delegation orders, such as ATF O and the merchandise so imported, or 1130.34, are available to any interested the value thereof shall be forfeited to party by submitting a request to the the United States. ATF Distribution Center (http:// (18 U.S.C. 545) www.atf.gov) or by calling (202) 648–6420 [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as [T.D. ATF–484, 67 FR 64526, Oct. 21, 2002, as amended by T.D. ATF–215, 50 FR 42162, Oct. amended by ATF–11F, 73 FR 57240, Oct. 2, 18, 1985] 2008; ATF 2013R–9F, 79 FR 46692, Aug. 11, 2014] PART 478—COMMERCE IN Subpart G—Penalties, Seizures FIREARMS AND AMMUNITION and Forfeitures Subpart A—Introduction § 447.61 Unlawful importation. Sec. Any person who willfully: 478.1 Scope of regulations. (a) Imports articles on the U.S. Muni- 478.2 Relation to other provisions of law. tions Import List without a permit; (b) Engages in the business of import- Subpart B—Definitions ing articles on the U.S. Munitions Im- port List without registering under 478.11 Meaning of terms. this part; or Subpart C—Administrative and (c) Otherwise violates any provisions Miscellaneous Provisions of this part; Shall upon conviction be fined not 478.21 Forms prescribed. more than $1,000,000 or imprisoned not 478.22 Alternate methods or procedures; more than 10 years, or both. emergency variations from require- ments. [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as 478.23 Right of entry and examination. amended at 39 FR 4760, Feb. 7, 1974; T.D. 478.24 Compilation of State laws and pub- ATF–215, 50 FR 42162, Oct. 18, 1985; T.D. ATF– lished ordinances. 287, 54 FR 13681, Apr. 5, 1989] 478.25 Disclosure of information. 478.25a Responses to requests for informa- § 447.62 False statements or conceal- tion. ment of facts. 478.26 Curio and relic determination. Any person who willfully, in a reg- 478.27 Destructive device determination. 478.28 Transportation of destructive devices istration or permit application, makes and certain firearms. any untrue statement of a material 478.29 Out-of-State acquisition of firearms fact or fails to state a material fact re- by nonlicensees. quired to be stated therein or nec- 478.29a Acquisition of firearms by non- essary to make the statements therein residents. not misleading, shall upon conviction 478.30 Out-of-State disposition of firearms be fined not more than $1,000,000, or im- by nonlicensees. prisoned not more than 10 years, or 478.31 Delivery by common or contract car- rier. both. 478.32 Prohibited shipment, transportation, [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as possession, or receipt of firearms and am- amended by T.D. ATF–215, 50 FR 42162, Oct. munition by certain persons. 18, 1985; T.D. ATF–287, 54 FR 13681, Apr. 5, 478.33 Stolen firearms and ammunition. 1989] 478.33a Theft of firearms. 478.34 Removed, obliterated, or altered se- § 447.63 Seizure and forfeiture. rial number. 478.35 Skeet, trap, target, and similar Whoever knowingly imports into the shooting activities. United States contrary to law any arti- 478.36 Transfer or possession of machine cle on the U.S. Munitions Import List; guns.

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