Hi listees,
I note recent discussions about US politics and mv's as well as the issues
surrounding importation of mv's to the USA. I also noted a brief reference
to the issue in the President's Column in the Supply Line I received
yesterday
Here is a summary of a long phone call I had with a gentleman of our State
Department (he actually called me!) and info from letter I got from our
Bureau of Alcohol, Tobacco, and Firearms (ATF). I had sent letters to the
ATF and State Department asking for information. I wanted to know about
the Form 6 issue first hand and was suprised by the responses (and
especially the call).
Here is a summary of my current "understanding" (or should that be my
current "confusion"):
ACCORDING TO THE ATF LETTER: For vehicles of US manufacture one needs to
get permission (a Retransfer authorization) from the State Department's
Office of Regional Security and Arms Transfer Policy. This is sent along
with the application for ATF Form 6, part I to BATF who then issue the Form
6and then from ATF. The State Department's Office of Regional Security and
Arms Transfer Policy has "requested that ATF deny all applications to
import military denense articles of US origin, unless they are accompanied
by a retransfer authorization".
ACCORDING TO THE STATE DEPARTMENT PHONE CALL: This problem can trace it's
origins to the 1980's when a "policy" was designed that the State
Department should ok importation of "signifigant military equipment"
regardless of country of origin. This new policy caused some friction with
a variety of collectors groups and Congress passed a law exempting gear of
over 50 years of age from this. The law was supposed to deal with both
foreign and US origin equipment; however the same State Department lawyer
just modified the policy within some vague aspects of the new law. The
logic was that US origin items items (vehicles, planes, guns, etc) were
provided to foreign governments as an aspect of US foreign policy. Foreign
policy is the domain of the State Department...therefore the State
Department has to ok all transfers of former US military equipment. As for
the 50 year old aspect, this seems to depend on whether the equipment is
still in use by foreign military forces....if the gear is still in service
with any military the State Department gets a say in any transfer and
generally says NO.
I was told that I would get a formal letter from the State Department that
is supposed to clarify all this. It was supposed to be finished by
6/20/00...but I was told that the lawyer had to ok the letter first so it
may be delayed. THe person who called me was VERY helpful and obviously
did not agree with the policy AT ALL...he is ex-military and is a hunter
and gun collector....but this lawyer has the ear of the higher-ups. This
lawyer has delayed some things like a veterans group that has bee trying to
get an LST back from Greece. He is the reason M1 Garands cannot be brought
in. (It amazes me that one person can cause so much misery.)
The key to the call was that the State Department's position is a policy,
not a law. As such one lawyer can design and implement the policy with the
aquiesence of his/her superiors. "Policy" can be changed by
Administrations; laws are changed by Congress. REMEMBER THE STATE
DEPARTMENT POSITION IS A POLICY...NOT A LAW...A Bush or Gore or Nader or
Ventura Administration could change the policy.
Well, that is about all I have at the moment. (I do wish that Supply Line
would have told me more of what MVPA is doing about this. If anyone knows
please inform me.)
****************************************************************
* Dean L. Kellogg, Jr., MD, PhD *
* Department of Medicine *
* The University of Texas Health Science Center at San Antonio *
* 7703 Floyd Curl Drive *
* San Antonio, Texas 78229-3900 *
* (210) 617-5311 FAX (210) 617-5312 e-mail:kelloggd@uthscsa.edu *
****************************************************************
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