Honorable Board of Directors
Military Vehicle Preservation Association
P.O. Box 520378
Independence, MO 64052-0378
USA
Dear Sirs,
There is a situation that is affecting our clubs future and I wish to try to
bring it to your attention as best as I can.
Under the terms of the AECA agreement, NATO countries must first notify and
obtain permission of the Dept. of State before third party sales of US made
vehicles can be concluded. For over 6 months the Bureau of Alcohol, Tobacco
and Firearms has steadfastly refused to process form 6 which they previously
required for the importation of said vehicles and a class of military
vehicles known as SME or Significant Military Equipment. All US and SME
classed vehicles and their parts are loosely determined to fall under the
terms of the AECA treaty until proven otherwise. A sort of "guilty till
proved innocent" situation.
The explanation our members have received when querying the BATF is the BATF
is not equipped or staffed to make the determination as to what vehicles may
or may not be in violation of the AECA treaty and until such time as their is
more clarification from the Dept. of State, who is the governing authority
for the AECA, no form 6s shall be processed and all SME classed vehicles
shall be presumed to be in violation and not eligible for importation.
Our members have been repeatedly advised by the Dept. of State, the Dept. of
State did not request the BATF to take this action and further they hinted
there may be no legal authority to deny the issuance of a Form 6 unless there
is probable cause to believe the SME vehicle is within the control of the
AECA. This would place the burden of back to the BATF to show why such
vehicles do not qualify, something the BATF does not wish to do.
The request for this determination of AECA controlled SME came as a result of
a Department of State memorandum directing the BATF identify said vehicles
and report to them back to State via the form 6. According to the Dept. of
State, this specifically involves only vehicles that were purchased with
United States money under the lend-lease treaty for NATO or that were
constructed in the United States and exported to NATO countries. This clause
prevents the NATO recipient countries from disposing of SME to other
nonaligned countries, however the language of the treaty is rather broad and
does not specifically address sales to individuals when such SME classed
vehicles become aged and obsolete. Still, even obsolete SME vehicle sales to
individuals are treated by BATF as if they were third party sales to
nonaligned sovereign nations.
This action has prevented the return of historic W.W.II or Korean War
vehicles to US soil to be owned by club members who desire only to restored
and display them for our future generations. An act of remembrance and
preservation. Unfortunately for them, this BATF action has gone a step
beyond and they have stopped the importation of any and all SME classed
vehicles, regardless of age or point of origin. It has now evolved into a
case of "irreversible guilt with no opportunity to prove innocence."
The MVPA as a lawful organization and its membership worldwide have been
damaged by this situation. The members are being denied their lawful right
to sell such for vehicles for importation to other MVPA members who reside
within the United States. And the USA members are damaged because they
cannot buy such vehicles as part of their normal club activities and for
their future historic preservation. This is a restraint of trade and under
any other circumstance it would have legislators vehemently demanding
redress! Such action would not stand for a week if we were talking Toyota's
or BMW's! But, we are not and as a result our future is uncertain.
Despite our pleas to our elected officials in the US to take action on our
behalf, very little has happened. A few polite letters of clarification have
been exchanged between congress and State or BATF, but nothing has changed.
It appears we are orphans, abandoned by our elected officials and rebuked by
federal authority.
WARNING: The underlying precedent being set here is far more chilling than
the threat to the MVPA and its membership. It is not an overstatement to say
this has monumental implications that extend world wide. This action that
threatens to drastically harm us, was done under color of authority, yet
without due process or law. That is a most dangerous precedent. This point
seems to have gone unnoticed by everyone, except the most vigilant within the
MVPA.
Whether you live in Philadelphia or Paris, San Francisco or San Paulo, it
must be unnerving to see the most powerful nation in the world behave with
such illegal indifference towards their own citizens. It is wrong.
Therefore, we must not let this issue go unchallenged! Should we fail to
address it here and now, we have by our own omission endorsed a "memorandum"
that became substituted for due process and the rule of law.
Thank you for your consideration and I hope the Board will recognize what is
at stake and take the appropriate action to correct this situation. If you
have any questions or comments, please feel free to contact me at your
earliest convenience.
Respectfully submitted,
Jack L. Lee, member #19692
(Chico - Calif. )
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