From: Steve Grammont (islander@midmaine.com)
Date: Thu Aug 12 2004 - 23:38:10 PDT
This is in direct response to Sonny's last post, but is really intended
for all interested in this topic. What follows is dusted off layman's
findings when I researched importing some Weasels a few years ago. Take
it for what you will, but I have included the original source material
(links) for anybody to check out for themselves. If you have a stomach
for legal document language, you can verify that I am most likely correct.
>Where can I read that it is unlawful to import a U.S. made military vehicle
>in to the United States?
There are two potential hurdles which, unless overcome, make the
reimportation of US made military vehicles illegal. The first is if the
vehicle was US manufactured *and* sold to a NATO country under the Lend-
Lease program. Any vehicles not specifically cleared for re-sale by said
NATO country by the US State Department can not be reimported to the US.
Apparently there are separate agreements with non-NATO countries which
are basically amount to the same thing (just different programs than
Lend-Lease). As far as I know there is no way around this unless the
State Department has given its blessing to the country to which the stuff
was sold to. This is apparently what happened with Norway in the 1980s
and why so much US WWII stuff came out of there at once.
The second hurdle is more complicated and should only be read by those
who have a strong stomach for the inner workings of the law.
If a military vehicle runs afoul of the "Arms Export Control Act of
1976", which is technically known as "Title 22", it can not enter the
country without permission of the BATF. The part we are interested in is
"The U.S. Munitions Import List", which is Part 121 of Title 22. Look
for the key phrase "Significant Military Equipment (SME)" and anything
with an "*". If it doesn't have an "*" it is not considered SME, and
therefore does not currently fall under the jurisdiction of Title 22.
Over the years things have been added or had their SME status changed, so
this list is dynamic. This current list can be viewed in the following
PDF file:
<http://pmdtc.org/docs/ITAR/2004/22cfr121_Part_121.pdf>
Note that Category VII, Sub-Section (c) lets *most* military vehicles off
the hook, since non specific, unarmored vehicles are not currently
considered SME. But not so lucky for armored, amphibious, or recovery
type vehicles. Those all have the SME classification and therefore are
restricted materials. If you wish to import a vehicle that fits the SME
definition of Part 121, you need the approval of BATF under the authority
of "Code of Federal Regulations (CFR) 27". If you want to export such
stuff, you need to go through the State Department. The relevant CFR 27
BATF document can be found here:
<http://www.atf.treas.gov/pub/fire-explo_pub/aeca.htm>
CFR 27 in turn is divided up into many parts. The part we MVers are most
directly concerned with is Part 47, which is a restatement of those
sections of Title 22 Part 121 which were classified as SME:
<http://www.atf.treas.gov/regulations/27cfr47.htm>
Note that in the above link "Military Recovery Vehicles" , listed as
"Sub-Section (d)", are exempted. However, this document is dated 2000
and therefore is not correct since the 2004 document it draws from (CFR
22 Part 121) is more current. For whatever reason since 2000 the
government re-designated "Military Recovery Vehicles" as SME. Go figure.
To sum up... if you wish to import vehicles which are armored (Sherman,
Ferret, etc.), unarmored but specialized in certain ways (like bridge
layers), unarmored but designed around a weapons mount (M110, etc),
unarmored but designed to recover military vehicles (various heavy tow
trucks), or unarmored but amphibious (DUKW, Stalwart, etc.) you need to
get special permission from BATF. Specifically, a Form 6 which can be
found here:
<http://www.atf.gov/firearms/form6nia/index.htm>
Doesn't matter what the country of manufacture or origin is. That is the
law folks. If some of you have squeaked SME stuff through US Customs
without a Form 6... remember that you can still get into trouble if
someone decides to check where you got it from. Just because you
imported something without raising red flags doesn't mean it is defacto legal.
Now, there are two ways around the Form 6. The first is to have the
vehicle devoid of the offending armaments COMPLETELY (meaning the entire
gun system, not just the breach block) and go for some sort of
"Agricultural Equipment" importation permit. I don't know what is
involved in doing this, nor do I know how successful people have been at
it. If things had gone as I would have liked I would have an APC
imported under this exemption a couple of years back.
The second way around a Form 6 is is found on the form itself.
Specifically, exemption clause 9.a for items coming in through Canada.
Form 6 is the means for importing items in Code of Federal Regulations
(CFR) 27, specifically, Parts 47, 178 and 179, and therefore has the
final say in the eyes of US Customs. Just so you know, these last two
Parts cover firearms, ammo (Part 178), MGs, destructive devices, and
"certain other firearms" (Part 179). The language of Form 6 (Section 9.a
specifically) waives authority for Part 47 Section VII (and others)
provided the vehicle does not also fall into Parts 178 and 179.
What this means is that if you have a vehicle which normally falls under
Part 47 Section VIII (like a Sherman tank or a Ferret armored car), but
it does NOT include items specified in Parts 178 and 179 of the "Arms
Export Control Act of 1976" (like a main gun or MG) you can freely import
the item provided it comes through Canada (and that means it is owned by
someone in Canada, I think, not just passing through).
This is from the guy who tipped me off about the exemption:
"Any Category VII vehicle is exempt from Form 6 Permits if it is coming from
Canada. Like you mentioned as long as it doesn't fall into 178 or 179."
178 and 179 concern weapons, functioning wepons systems (like electronic
guidence systems), weapons grade materials, etc. Basically, things that
directly result in death and destruction. A ring mount does NOT fall
under these definitions, nor does the possible capability of a vehicle to
mount weapons systems. These latter things *are* usually restricted if
coming in from other countries.
He continues...
"This applies to vehicles coming from Canada regardless of where they were
manufactured (as long as it wasn't a proscribed country like Afghanistan...)
If anyone has any questions, refer them to the instructions on the front
page of the Form 6. It gives the appropriate references too. I went
through this bringing in a Canadian Ferret. I talked to everyone in import
branch including the director and no one knew about this. I finally called
the ATF Chief Counsels Office and they sent a ruling letter saying that it
didn't need a permit."
If you made it this far, 2 Gold Stars for you :-)
Steve
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