Hi Listees,
Yesterday I received a letter from the State Department concerning their
policy on the "retransfer of Military Vehicles of US origin". This was a
follow-up to a phone call and ATF letter. To refresh memories:
About 2 months ago I wrote to the ATF. I wanted to know about the Form 6
issue first hand. My request to the ATF was simple: "how does one import
historic military vehicles into the US?" and their response letter came
swiftly
Info from 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".
About 2 months ago I also wrote to the State Department asking them for
information about the importation of Military Vehicles of US origin. To
quote from my letter to the State Department:
"The purpose of my letter is to urge you to change that policy and permit
re-importation of historical military vehicles; in particular those built
for and used by our Armed Forces in the Second World War.
Why am I interested in having such a change effected?
I collect and restore military vehicles as part of my interest in "the old
car hobby". To further this interest, I have become a member of the
Military Vehicle Preservation Association (a international organization
based in the US and dedicated to the preservation of historic military
vehicles) and the Lone Star Military Vehicle Preservation Association (a
local organization in South Texas). I use my historic vehicles in local
parades, on holidays, and display them at the local military bases during
their "open house" events for the public (at the request of the bases!).
In addition, I have taken my vehicles to the Audie L. Murphy Memorial VA
Hospital where I am a physician in the Geriatrics Clinic. My purpose in
taking them at the VA is to allow the veterans to reminisce about their
earlier lives and to show them that they are not forgotten. Their
responses and particularly the stories of their military experiences have
been overwhelming. Words cannot adequately express the Veterans' responses
to seeing my 3 little boys dressed as GI's sitting in a 1943 jeep. It
makes the Veterans feel "un-forgotten" just as the Veterans' stories make
my 3 sons appreciate what the Veterans went through for all of us. I have
also taken my jeep to my sons' school at the request of the faculty to
participate in an educational program on World War 2.
I am not the only person who uses historic military vehicles to show
appreciation for our Veterans. I am enclosing a copy of a newspaper
article from a Military Vehicle Preservation Association Member in Kansas
who gave a terminally ill Veteran of the Tank Corps a "last ride" in a
World War 2 tank. There are fewer that 40 of this type of vehicle in the
US today. They were all left overseas when World War 2 ended. This type
of vehicle cannot be brought back into the US under current our policy.
Please change the policy so that I may import any military vehicles of US
origin provided that they are de-militarized in accordance with Bureau of
Alcohol, Tobacco, and Firearms regulations. In this way, interested and
responsible persons, such as myself will be able to show Veterans that they
are "un-forgotten". "
Within a few days of sending the above letter I was called at the hospital
by a gentleman from the State Department
Summary of the State Depertment Phone Call: The problem traces it's
origins to the 1980's when a "policy" was designed by the State
Department's legal office that they should ok importation of "signifigant
military equipment" (armor, amphibians) 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
responded by modifying the policy within some vague aspects of the new law.
The
logic was that US origin items 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 to
clarify their policy. It was was received yesterday.
ENTIRE STATE DEPARTMENT LETTER:
"Thank you for your letter regarding your interest in the
importation of historic military vehicles. The Bureau of Alcohol, Tobacco,
and Firearms (BATF) is responsible for approving or denying Form Six
applications fotr the importation of firearms, ammunition and implements of
war. In reaching a decision on such applications the BATF is provided with
a recommendation by the State Department. The State Department's
recommendation is based on how the Department itself resopnds to foreign
parties' requests for U.S. Government consent to retransfer U.S. - origin
defense articles.
The Department has followed a longstanding policy to deny foreign
requests for authorization to retransfer U.S.-origin significant military
equipment (SME) to private entities. Historically, we have granted
exceptional approvals in only two specific cases: for the use of such
equipment in connection with U.S. Government contracts, or, more
frequently, for demilitarized, static display in bona fide museums.
The Department has recently reviewed this practice, and is now
prepared to make an adjustment to it. In support of the commeration of our
nation's military history and the sacrifice and service of American
Veterans, the Department will now also consider approving retransfers of
obsolete, demilitarized U.S.-origin defense articles for the purpose of
non-static, in addition to static, displays.
We appreciate your sharing your views on this matter, and are
pleased that our poilcy revision may benefit the historical associations to
which you belong."
THOUGHTS: There seems to have been some"give" in the State Department's
Policy. Their letter was a bit vague on one point....who can get
retransfer authorizations for non-static displays. One possible
interpretation is that museums can....another is that private persons such
as myself can. If the latter is the case..GREAT! (I had my wife read the
latter and she took the latter position). Alternatively, if the former
interpretation is correct this would mean that "museums" can.....It occurs
to me that the MVPA (or another organization) could follow the example of
the Confederate Air Force and perhaps be considered a museum with all
members of MVPA being members of the "MVPA Museum".
Your thoughts?
I
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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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