Hi Listees,
Over the last year and then some, I have been in SLOW corespondence with
the Department of State and the BATF regarding the re-importation of US
origin military vehicles. I have posted the corespondence to the list as it
has come in. I wrote to the BATF on SEPTEMBER 4, 2000. I asked the
following specific question in reference to Form 6 permits:
"Is it the policy of the Bureau of Alcohol, Tobacco, and Firearms to issue
such permits to private citizens? "
I received the following letter yesterday...JULY 2, 2001 from the BATF.
(scanned and converted to text for this post). I obviously need to write
another letter to BATF.
DEPARTMENT OF THETREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
WASHINGTON, DC 2022.6
JUN 2 7
Dear Mr. Kellogg:
This is in response to your letter dated September 14, 2000,
regarding the importation of significant military equipment, in particular
United States-origin tanks and armored vehicles. You ask what the policy of
the Bureau of Alcohol, Tobacco and Firearms (ATF) is regarding the
importation of these vehicles. We apologize for the delay in our response.
As you may know, under the Arms Export Control Act (AECA) , 22
U.S.C. ~ 2778(a) (1) , the President controls the importation of defense
articles "in furtherance of world peace and the security and foreign policy
of the United States." Defense articles include firearms, ammunition,
missiles, rockets, military vehicles (tanks) , aircraft, helicopters, naval
vessels, and certain other military equipment. Component parts for defense
articles are also subject to regulation. An approved import permit, ATF
Form 6, is required to import defense articles into the United States.
By Executive Order 11,958, the President has delegated his
authority regarding the imports of defense articles to the Secretary of the
Treasury, subject to consultation with the Department of State. Therefore,
applications to import U.S. origin defense articles are routinely referred
to the State Department for review. The State Department generally
recommends denial of such applications, since most of these articles were
provided to foreign governments at no or reduced cost pursuant to foreign
assistance programs of the United States. As a condition of receiving these
U.S.-origin items{ the foreign governments agreed to return the articles to
the United States or to pay over the proceeds of any sale. Allowing the
return of these articles to the United States for commercial sale would
allow the foreign governments to profit from their failure to abide by the
terms of their agreement. ATF regulations not be approved for importation
without a written retransfer authorization from the Department of State.
Questions concerning retransfer authorizations should be directed to the
Office of Regional Security and Arms Transfer Policy at (202) 647-9750.
Accordingly ATF will not approve the importation of U.S.-origin
significant military equipment without State Department authorization. We
trust this has been responsive to your inquiry.
Sincerely yours
David D. Johansen Firearms and Explosives Imports Branch
Chief
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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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