rrayfield@usasac-emh2.army.mil wrote:
>
> I work in Wash DC in the export/import arena and am familiar with this to a
> small degree. Because of the traffic I saw today and yesterday from all of
> you, I decided to do a little research on our behalf to make sure we do not
> go off half-cocked which would just defeat our purpose.
>
> What apparently has happened is this:
> 1. "Things" (tanks, jeeps, trucks, etc.) are all classified as Significant
> Military Equipment (SME) and as such are regulated by the U.S. Munitions
> List (Categories I - XXI) which are administered by the State Department.
> Things going out of the country arelicensed throught the State Dept via the
> export licensing process per the International Traffic in Arms Regulations
> (ITAR) or the Arms Export Control Act (AECA), as amended. See 22 CFR,
> parts 120-130. This is adminstered by the Office of Defense Trade
> Controls with opinions rendered from the military departments/services via
> the Defense Technology Security Administration, now the Defense Threat
> Reduction Agency. All temporary imports are handled in the same manner
> under the same rules.
> 2. Permanent import of SME is delegated to and handled by the BATF via a
> Form 6.
> 3. In the past BATF was issuing Form 6 licenses for the import of surplus
> U.S. SME to include all manner of vehicles. Recently, the State Dept asked
> the BATF to stop issuing licenses for this purpose - but supposedly, not at
> the instigation of Clinton.
> 4. The AECA provides that any country in receipt of U.S. surplus SME must
> sign a third party transfer agreement wherein the country in receipt of
> such equipment must not transfer any of the equipment to a third country
> w/o express written consent of the USG; the AECA makes no references to
> disposing of SME to individuals. These provisions were meant to curb
> countries from receiving gear via the Grant Aid Program or a nominal cost
> via foreign military sales (FMS) and then selling them for profit; i.e.,
> the USG wanted the money.
> 5. Third party transfers of SME is by statute reportable to Congress.
> BATF licensing via Form 6's does not fulfill the State Dept requirement for
> their permission and recording for reporting to Congress.
> 6. I asked the question if obtaining a Form 6 from the BATF can be
> construed as USG permission - State Dept said "no."
> 7. I asked if there was a BATF concern about militias obtaining surplus
> U.S. SME, and they said "no," there was no concern there.
> 8. Asked what recommendation the State Dept would make concerning a
> recommendation if BATF put forward a license (Form 6) for approval and I
> was told that State Dept would recommend against it unless it was for a
> museum, immobile and demil'd. Personnel with museums out in cornfields
> would not count.
> 9. I have not contacted State Dept or BATF further via phone because I
> would rather have the answers in writing, so I will attempt to do that. I
> do not suspect Clinton getting involved in this like he did with weapons
> coming back in - just not on his radar scope. We need to do this right,
> research the laws and implementing regulations and submit approriate
> correspondence. This will require unemotional correspondence,
> professionally written and delivered. Outside of that will only result in
> consequences none of us want to see. The MVPA may want to look at a lawyer
> and / or lobbyist that is familiar with this law and its regulations that
> can decisively engage the State and Treasury Departments on this matter on
> a professional, legal front.
> 10. To view the AECA which is part of the Code of Federal Regulations
> (CFR) which is part of the U.S. Code; go to
> http://www.lib.lsu.edu/gov/fedgov.html and click on "legislative," then on
> "U.S. Code" then on "Code of Federal Regulations" going on to view the
> AECA.
>
> Hope this has been of some help.
> R. S. Rayfield, Jr.
> Major USMC (Ret)
> Rayfields@worldnet.att.net
>
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