SUBCHAPTER B [RESERVED] SUBCHAPTER CÐFIREARMS PART 47ÐIMPORTATION 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 AÐScope Sec. Subpart AÐScope 47.1 General. 47.2 Relation to other laws and regulations. § 47.1 General. The regulations in this part relate to Subpart BÐDefinitions 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 CÐThe 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 DÐRegistration 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 EÐPermits 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 FÐMiscellaneous 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 GÐPenalties, 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 659 VerDate 18<APR>2000 08:09 Apr 19, 2000 Jkt 190098 PO 00000 Frm 00659 Fmt 8010 Sfmt 8010 Y:\SGML\190098T.XXX pfrm02 PsN: 190098T § 47.11 27 CFR Ch. I (4±1±00 Edition) 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 BÐDefinitions 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 ÐÐ (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 660 VerDate 18<APR>2000 08:09 Apr 19, 2000 Jkt 190098 PO 00000 Frm 00660 Fmt 8010 Sfmt 8010 Y:\SGML\190098T.XXX pfrm02 PsN: 190098T Bureau of Alcohol, Tobacco and Firearms, Treasury § 47.21 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 CÐThe 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 IÐFIREARMS sociation, or corporation, as well as a natural person.